Loading...
HomeMy WebLinkAbout1985-05-07; City Council; 8159; PIPELINE LICENSE CENTRAL BUSINESS STORM DRAINACCEPTANCE OF PIPELINE LICENSE FOR THE CENTRAL BUSINESS STORM DRAIN B## g/S9 TITLE: mTam 5/7/85 IEPT. ENG (CONTRACT NO. 3085) P k a DEPT. HD. d. Amv' CITY MGR.J& ~- RECOMMENDED ACTION: Adopt Resolution No. foe7 accepting the Pipeline License for the Central Business Storm Drain (Contract No. 3085) and authorizing the Mayor to sign said Document on behalf of the City. ITEM EXPLANATION: The Central Business Storm Drain is designed to relieve flooding in that area. It will generally run parallel to and on the east side of the Atchison, Topeka, and Santa Fe Railway tracks. A crossing of the A.T. & S.F. tracks is required at Grand Avenue to drain property on the west side of the tracks in that immediate area. That crossing requires the subject pipeline license be approved. FISCAL IMPACT: The cost of the Pipeline License is $250.00. The cost of the Storm Drain to be installed is estimated to be $30,000.00. Sufficient funds are available in the Central Business Storm Drain account. EXHIBITS: 1. Pipeline License 2. Location Map 3. Resolution No. ha7 accepting the Pipeline License for the Central Business Storm Drain (Contract No. 3085) and authorizing the Mayor to sign said document on behalf of the City. I PIPELINE LICENSE 11000470-25 THIS LICENSE, Made this 11th day of March 1985, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF CARLSBAD, a municipality in the State of California (hereinafter, whether one or more, called "Licensee"), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain one pipeline, 21 inches in diameter (hereinafter, whether one or more pipelines, called the "PIPELINE"), across or along the right of way of Licensor at or near the Station of Carlsbad, County of San Diego, State of California, the exact location of the PIPELINE being more particularly shown upon the print hereto attached, No. 1-3537, dated March 5, 1985, marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPELINE solely for carrying storm water and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this License the sum of Two Hundred Fifty and No/100 Dollars ($250.00). 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's Assistant .'enera1 Manager-Engineering, locate, construct and maintain the PIPELINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted under Section 2 hereof to use the PIPELINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPELINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked "Exhibit B" and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this Section, Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. Rev. 9/82 (1658/M91/CD64a) -1- a 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for falsework to support Licensor's tracks and for flagman to protect its traffic during installation of the PIPELINE and for any and all other expense incurred by Licensor on account of the PIPELINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the PIPELINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this License. 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ninety (90) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this License in this or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPELINE and remove the same and restore the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPELINE thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPELINE is removed and the right of way and track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPELINE is located, or the sale or abandonment by Licensor of said premises, Licensn: shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. All notices to be given hereunder shall be given in writing, by depositing same in the United States mail duly registered or certified, with postage prepaid, and addressed to the Licensee or Licensor as the case may be at the address shown on the signature page hereof, or addressed to such other address as the parties hereto may from time to time designate. 11. In the event that two or more parties execute this Instrument as Licensee, all the covenants and agreements of Licensee in this License shall be the joint and several covenants and agreements of such parties. Rev. 9/82 (1658/M91/CD64a) -2- 3 12. All the covenants and provisions of this Instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. 13. Notwithstanding any other provisions of this License, Licensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as ''Standards"), issued by any federal, state or local governmental body or agency established thereby (hereinafter referred to as "Authority"), relating to Licensee's use of Licensor's property hereunder. Licensee shall at all times be in full compliance with all Standards, present or future, set by any Authority, including, but not limited to, Standards concerning air quality, water quality, noise, hazardous substances and hazardous waste. In the event Licensee fails to be in full compliance with Standards set by any Authority, Licensor may, after giving reasonable notice of the failure to Licensee, and Licensee, within thirty (30) days of such notice, fails either to correct such noncompliance or to give written notice to the Licensor of its intent to contest the allegation of noncompliance before the Authority establishing the Standard or in any other proper forum, take whatever action is necessary to protect the premises and Licensor's railroad and other adjacent property. Licensee shall reimburse the Licensor for all costs (including but not limited to, consulting, engineering, clean-up and disposal costs, and legal costs) incurred by the Licensor in complying with such Standards, and also such costs incurred by the Licensor in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Authority or court, and paying any fines or penalties imposed for such violations. Licensee shall assume liability for and shall save and hold harmless the Licensor from any claim of a violation of such Standards regardless of the nature thereof or the Authority or person asserting such claim, which results from Licensee's use of Licensor's premises, except those claims which arise in whole or in part from the negligence of Licensor. Licensee, at its cost, shall assume the defense of all such clrAims regardless of whether they are asserted against Licensee or Licensor. In its use of the premises, Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, administrative action or other proceeding brought against Licensor by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or to save and hold harmless the Licensor. Licensee shall pay all the costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. Any and all lawsuits or administrative actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this Section, including, but not limited to, the theories of intentional misconduct, negligence, breach of statute or ordinance, or upon any theory created by statute or ordinance, state or federal. Rev. 9/82 (1658/M91/CD64a) -3- 4 14. In cases where Licensee is permitted under Section 2 hereof to use the PIPELINE for nonflammable substances, the PIPELINE shall be constructed, installed and thereafter maintained in conformity with plans and specifications set forth in the American Railway Engineering Association, Specification for Pipeline Crossings Under Railway Track for Non-Flammable Substances, Revised 1964, or Specification for the Placement of Concrete Culvert Pipe, Revised 1966, whichever may apply. 15. Any work performed on Licensor's right of way by Licensee or Licensee's contractor shall be done in a satisfactory workmanlike manner and in accordance with plans and specifications approved by Licensor, including plans covering any falsework, bracing or cribbing that may be necessary to use over, under or adjacent to Licensor's track, and no work shall be permitted until said plans and specifications have been approved by Licensor. 16. Licensee or Licensee's contractor shall not be permitted to commence work on said Licensor's right of way without having first received written notification from Licensor's Division Superintendent of permission to proceed. 17. Any contractor or subcontractor performing work on or in connection with the PIPELINE shall for the purpose of this Agreement, and particularly for the purposes of Section 6 of this Agreement, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractor's or subcontractor's employment for Licensee. 18. Licensee agrees to furnish and keep in force or arrange to have furnished and keep in force insurance of all kinds and amounts specified below during the initial term of construction of the PIPELINE and during any subsequent term or terms during which maintenance is performed on the PIPELINE. (a) Licensee shall, with respect to the operations which it performs upon, beneath or adjacent to Licensor's right of way and/or track, furnish or arrange to have furnished (i) regular Contractors' Public Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($500,000) for all liability arising out of bodily injuries to or death of one person and, subject to that limit for each pe .son, One Million Dollars ($l,OOO,OOO> for all liability arising out of bodily injuries to or death of two or more persons in one accident or occurrence; and (ii) regular Contractors' Property Damage Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for each occurrence for all liability arising out of damage to or loss or destruction of property. Licensee and all its contractors and subcontractors shall be named insureds either in a single policy of insurance complying with the requirements of this Subsection (a) or in separate policies maintained during such periods as such contractors and/or subcontractors shall perform any work hereunder. The policy or policies insuring Licensee shall insure Licensee's contractual liability in favor of Licensor contained in Section 6 of this License. (b) Licensee shall, with respect to the operations it or any of its contractors or subcontractors perform upon, beneath or adjacent to Licensor's right of way and/or track, furnish or arrange to have furnished in Licensor's favor (i) Rev. 9/82 (1658/M9l/CD64a) -4- 5- policy or policies of insurance satisfactory to Licensor which shall protect Licensor against liability for injuries to or death of person or persons, INCLUDING LICENSOR'S EMPLOYES, occasioned by or resulting, in whole or in part, from the operations of Licensee or any of its subcontractors, on or contiguous to Licensor's property (except liability due solely to Licensor's negligence), damages arising out of bodily injuries to or death of one person and, subject to such limitation, One Million Dollars ($1,000,000) for all damages arising out of bodily injuries to or death of two or more persons in any one accident or occurrence; and (ii) policy or policies of insurance satisfactory to destruction of property, including property in Licensor's care, custody or control, occasioned by or resulting, in whole or in part, from the operations ' of Licensee, its contractors or subcontractors (except liability due solely to Licensor's negligence) with limits of not less than One Million Dollars ($1,000,000) for each occurrence. 1 with limits of not less than Five Hundred Thousand Dollars ($500,000) for all I i Licensor which will protect Licensor against liability for damage to or loss or 19. Licensee agrees to furnish or arrange to have furnished to Licensor certificates reflecting the insurance coverage or certified copy of insurance policy, if requested by Licensor, as required by Subsection (a) of Section 18 hereof, and to furnish, or arrange to have furnished, the original policy required by Subsection (b) of Section 18. Subsection (a> shall unqualifiedly require thirty (30) days' written notice to Licensor of cancellation or modification of the insurance referred to in such certificates. Certificates reflecting the coverage required by 1 1 I , I 20. Licensee shall not be permitted to exercise the license and permission granted hereunder until notified by Licensor that insurance furnished pursuant to Section 18 hereof is satisfactory. IN WITNESS WHEREOF, the parties have executed this License, in duplicate, the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY One Santa Fe Plaza 5200 E. Sheila Street Los Angeles, CA 90040 gyi Manager of ontracts 3 6 0 3 5 C H* Rev. 9/82 (1658/M91/CD64a) CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008-1989 Bv Its ( Licenseel -5- G la74 SECY'S NO. E X H I B IT "A" ATTACHED TO CONTRACT BETWEEN AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY CHICAGO, ILLINOIS SCALE: 1 IN.TO /OO FT. -L, DIV I I I I I I CHIEF ENGINEER DESCRIPTION APPROVED Y I \ s+. DESCRIPTION OF PIPELINE UNDER TRACK PIPE LINE LOCATED AS SHOWN PIPE BASE OF RAIL CARRIES PRESSURE SIZE &D=THICKNESS LENQTH TO TOP OF PIPE 2/" RCP 2.5" STmM CARRIER s€- G~WY CASING - a-csmx& W6.z'' L, 7' DIV. DWG. NO. DIV. FILE NO. --a Q.M. FILE NO.I/aablMC.E. FILE NO. M-m-w 7G8 .. LOCATION MAP .I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A PIPELINE LICENSE FOR THE CENTRAL BUSINESS STORM DRAIN - CONTRACT NO. 3085 WHEREAS, the City Council of the City of Carlsbad, California, has determined that is it necessary and in the public interest to construct the Central Business Storm Drain (Contract NO. 3085); and WHEREAS, a Pipeline License has been offered for right- of-way to construct portions of said Storm Drain; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1, The above recitations are true and correct. 2. The Pipeline License is approved. 3. The Mayor of the City of Carlsbad is hereby author- ized to sign said document on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 7th day of MY , 1985, by the following vote, to wit: AYES: Council ms Casler, -is, Kulchin, czlick and pettine NOES: Nane ABSENT: None MARY H , CAS LER, Mayor ATTEST : ALETHA L. RAUT (SEAL)