HomeMy WebLinkAbout1975-12-02; City Council; Resolution 3796I
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RESOLUTION NO. 3796
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND PAPAGAYO DEVELOPERS FOR RA I LROAD LICENSE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
The City Council of the City of Carlsbad, California, doe
hereby resolve as follows:
1. That that certain agreement between the City of
Carlsbad and Papagayo Developers for a rai 1 road 1 icense a copy of
which is attached hereto marked Exhibit 1 and incorporated herein
by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on behalf
of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
2nd day of December , 1975, by the following vote, to
wit:
AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman
NOES : None.
Cas1 er .
ATTEST:
J
(SEAL)
AGREEMENT FOR PAPAGAYO RAILROAD LICENSE
THIS AGREEMENT entered into this 3rd day of December ,
1975, by and between the CITY OF CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as CITY, and
Papagayo Developers , hereinafter referred to
as DEVELOPER.
W I T N E S S E T H:
WHEREAS, Developer in conjunction with CT72-13 (Papagayo)
across the - Development, wishes to install storm drain
right-of-way of the Atchison, Topeka and Santa Fe Railway Company;
and
WHEREAS, the Atchison, Topeka and Santa Fe Railway
Company is agreeable to grant a license to the City, but not to the
Developer; and
WHEREAS, the City is willing to secure such license on
behalf of Developer, provided the Developer assumes all of the
City's obligation under the license;
NOW,.THEREFORE, IT IS AGREED as follows:
1. City will attempt to secure from the Atchison,
Topeka and Santa Fe Railway Company the License marked Exhibit A,
attached hereto and made a part hereof on behalf of Developer and
at no cost to the City.
2. Developer agrees to furnish to City all things
necessary to secure said License, including, but not limited to,
fees and insurance policies.
c '
3. Developer agrees to assume all of City's obligations
under said license.
4. Developer shall reimburse City for any expenses
incurred by City in conjunction with the license.
5. Developer shall at all times indemnify and save
harmless City against and pay in full all loss, damage, or expense
that City may sustain, incur, become liable for, resulting in
any manner from said license.
IN WITNESS F7HEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, A Municipal
Corporation of the State of
California
ATTEST :
A
2.
+. e
- -_____I___ __ _---- - _L--____--_-__._.__
4. Licensee shall, at its own cost and subject to the supervision and control 0% Licensor’s chief en- gineer, locate, CORS~XUC~ and maintain the PIPE LINE 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. XR cases where the Lieemee is permitted un- der paragraph ‘2 hereof to use the PIPE LINE for oil, gas, petroleum products, or otner flammable or
hkbfs volatile substances under pressure, the PIPE LINE shall be constructed, instailed and there- after maintained in confomitg with the plans and specifications &own on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the jud-ment of Li- censor, fail to perform prGper1ly its obligations under this paragrsph, 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 fifteex (15) days after bill shall have Seen rendered therefop, the coat 80 bcurred by Licensor, but failure on the part of Licensor to perform the obligations OF Gcensee shall not release Licensee from liability hereunder for Ioss or damage occasioned thereby.
Licmsee shall rcimbume Licensor for any emsnse incurred by Licensor for falm vork to sup port Licensor‘s tracks and for flagman to nrotect its traffic ‘duping installation cf the PIPE LINE and for any and all other expense incurred by Licermr on account of the PIPE ZIhrE.
6. Licensee ishall at all bhea indemnify and 5ave harmless Eieensor against and pay in full 105jgy damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maimenance, use, rjtate or repair, or presence of the PIPE LIKE, indu3ing any such loss, damage or expense arising out of (a) lois or or damage to property, (b) injury to or death of per- dons, (c) mechanics’ or cther liens of any character, or Id) 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 hem in contained Licensor may at its election forthwith revoke thh Iicense.
6.
0 8 8. TEIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the awe my be termjnated at any time by either party upon ten (10) day^' notice in writing. to be w?ed upon the other party, stating therein the date that snch termination SM take place, and that up~n tbe termination of thie license in this or any other z”er herein provided, Ucensee, upon demand of Liw- sor, Mt abandon the UBB of the PIPE LINE and remove the -e and restore the right of way and tracks of EicensJor to the me condition in which they were prior to the placing of the PIPE UNX them undsr. In cage Um shall faU t0 refd~re Lieensor‘s premises as aforesaid within ten (10) day5 after the ef€&ve date of terrmns . tion, Licensor may proceed with such work at the expense of Goensee. No termination hereof shall release Licensee from any Uabiliw or obligation hereunder, whether of indem- oity or otherwise, resulting from any &, omissions or events happening prior to the date the PIPE LINE: is removed and the right of way and track of Licensor reshred as above provided.
9. In the CBBB of the evidion of Licensee by anyone owning or obtaining titIe to the premises on which the PIPE LINE is located, or the safe or abandonment by Licensor of said pmmkes, Iicemor E&&
20t be liable to Gcansee for any damage of any nature whatsoever or tu refund any payment made by Ucwee to Licensor hereunder, except Ehe proportionate part of any recurring rental charge which may have been paid herennder in advance.
10, Any notice heremdar to be given by Licensor to Licensee shall be deemed to be properly mved
3 it be deposited in the United States W, postage prepaid, addressed to Goensee at--..--.-...-
Any ndfce to Be given herennder by Lieemwe to Licemr shall be deemed to be properly served if th;
%me be depoaiW in f;he United Ststet3 Hail, mge prepaid, addressed to Licemor’s-,---- __
UW i3z.1 iLvenue, Carlsbad, CdljXwnia %W8,
Su?m5xhndmt - ___._at-. 32’70 Zest Third StrggL, -I--_-
-__L---- %,n Beri1a*o, CaJL-tOrrs. 321r10,
11. In the event that tOc70 or more pdes execute this insk”ent 88 &msee, all the covenanb and agreement33 of Licensee in this license shali be the joint and severd covenants and agreements ~.f such
DaPties.
12. All the eoveoants and provision8 of this instrument shall be binding upon and inure to the fit of &e puccessors, legal representafies and %seigna of the parties to the same extent and effect m the same are bindhg upon and inure to the Benefit of the parties hereto, but no assignment hereof l)y Licen- see, its succemm, legal representatives or assigns, or any subsequent assignee, Bhall be binding upon Licensor without tke written consent of Licensor in each instance.
- ----- ~
..
It 3
R I D E R "A"
RIDER TO LICENSE AGREEMENT DATED OcLdber 14 9 19 75 BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
and
13. In cases where Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for non-flammable substances, the PIPE LINE shall be constructed, installed and thereafter maintained in
conformity with plans and specifications set forth in the American Railway Engineering Association,
Specification for Pipe Line Crossings under Railway Track for non-flammable substances, Revised 1964, or Specification for the placement of Concrete Culvert Pipe, Revised 1966, whichever may apply.
14. 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.
15. Licensee or Licensee's contractor shall not be permitted to commence work on Licen-
sor's right of way without having first received written notification from Licensor's Division
Superintendent of permission to proceed.
16. Any contractor or subcontractor performing work on or in connection with the PIPE
LINE shall for the purposes 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 contractors' or subcontractors' employment for Licensee.
17. 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 PIPE LINE and during any subsequent term or terms during which maintenance is performed on the
PIPE LINE.
(a) The 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
($500,000) for all liability arising out of bodily injuries to or death of one person, and, subject to that limit for each person, One Million Dollars ($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 subparagraph (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 liabil-
ity in favor of Licensor contained in paragraph 6 of the printed provisions of this license.
18. 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 subparagraph (a) of paragraph 17 hereoE. by subparagraph (a) shall unqualifiedly require 30 days written notice to Licensor of cancellation
or modification of the insurance referred to in such certificates.
Certificates reflecting the coverage required
19. Licensee shall not be permitted to exercise the license and permission granted hereunder until notified by the Licensor that insurance furnished pursuant to paragraph 17 hereof is satisfactory.
IDENTIFIED BY // .wz
0
ATTACHED TO CONTRACT BETWEEN
AND
THE ATCHtSQN, TOPEKA AND SANTA FE RAILWAY COMPANY
10s AMGELES, CALE
SEPT: /G, /? 75
SCALE: i IN. TO 100 FT.
J. G. FRY
A.G.M. - ENGINEERING
DESCRIPTION OF PiPE LINE ON R/W
PIPE LINE LOCATED AS SHOWN ---P----P-
PIPE BASE OF RAIL-
CARRIES PRESSURE SIZE KIND THICKNESS LENGTH 13 TOP OF PIPE
C.E.C.L. DRAWING NO. 601 -332 I5