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HomeMy WebLinkAbout1976-12-21; City Council; Resolution 40641 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 25 26 27 2E RESOLUTION NO. 4064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING EXECUTION ON BEHALF OF THE CITY OF A LICENSE WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR STORM DRAIN IMPROVEMENTS. The City Council of the City of Carlsbad does hereby resolve as follows: The Mayor of the City of Carlsbad is hereby authorized and directed on behalf of the City, to execute that certain license with the Atchison, Topeka and Santa Fe Railway Company for storm drain improvements in the easterly railroad right of way from Oak Avenue to Juniper Avenue, approximate mile post 229 + 2091 to 230 + 2321. PASSED, APPROVED, AND ADOPTED at a meeting of the City Council of the City of Carlsbad, California, held December 21, 1976 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard and Skotnicki NOES : None ABSENT: Councilwoman Casler ATTEST : i ROBERT C. FRAZEE, Ma or I Smt, Fe Original Form 1658 Standard (Approved by General Solicitor) PIPE LINE LICENSE AN-17003 THIS LICENSE, Made this _____.___________.________ 1st day of November 19 76 , between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY a D-&%3-T-G corporation (hereinafter called “Licensor”) , party of the first part,xnd - CITY OF CARLSBAD (hereinafter, whether one or more, called “licensee”), party of the second part. agree as follows : WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenapt and 1. Subject to the terms and conditions hereinafter set forth. Licensor Iicenses Licensee to construct . . five-------------------------------------------------------------------- and maintain - ---- ---. ---- shown . upon the print hereto attached, 601 - 345 11 October 15, 1976 , marked “Exhibit A” and made a part hereof. 1 2. Licensee shall use the PIPh LINE solely for carrying _____ stoX!!!-_dr?!i?-_Y3t.Er 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 I___._______________________.. --._one. .H-GC&SdLEi ft~~~and__N~?l_loo_-D~o-~~l~rs---f $1-5~o-,ooJ 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor’s chief engineer, locate, construct 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. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE 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 Lieens? shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, h- censor 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 per- form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for fake work to support Licensor’s tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full a11 loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE,.including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) inwry to or death of persons, (c) mechanics’ or other liens of any character, or (d) taxes or assessmerh of any kind. 7. If at any time Licensee shall faiI 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 ten (10) 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 de- mand of Licensor, shall abandon the use of the PIPE LINE 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 PIPE LINE 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 here- underY-wkther4€Zndemnity or otherwise, resulting from any acts, omissions or eve& happening prior to the date the PIPE LINE 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 PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor 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. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at .-..__________________________ ._ ___________ 1200 Elm Avenue .. Carlsbad .__-- California 92008 Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor’s ~~.~...~~~~....~.... G.eDeraL-Man-.ger .---.._____________.______________ at .__1_2_1-.EaSt__Silc_th_Styeet Los Angeles California 90014 - ._______.____.. _____...__...__._.______________________~-~~-- : _._._____.___.__..________ 2 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. 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 bind- ing upon Licensor without the written consent of Licensor in each instance. Attached hereto and made a part hereof is Rider identified by the signature of W. E. Tyson. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and TOPEKA AND ____.. SANTA __..__...___.__.__._______.______._.._.._______._-__......__. FE RAILWAY COMPANY (Licensor) year first above written. THE ATCHISON Approved as to Description: By ..______ .__.._._... . ... Its CITY OF CARLSBAD J BY RIDER TO LICENSE AG- MTED November 1 ,19x a and I& Any vork periorbM on Lloeamr's right of uy by Lloensee or Li~ens00~8'0011tractor dxdl be done in a mtida- uCpr~l5ke FBM~ and in eeem&" with plaas and specifications approved braoing or cribbing that may be aeoessary to use oww, under or adjacent to Liosnmrlm trsek, and no wk slnll k p.rrbttsd dfi dd pbs and mifiaations ha00 been approved by Llcsaeor. 15. EiLcenwe or Limnssd's contractor ohall not be pcmdtted to cxmnence vork on Licensortr right of up vithont hdng fir& receiped written notification from Licenaor'r Division Szpr%atendsnt ai p.rmisSiaa to pmoreed 16. Any coatmotor or slrtsontrautor perfordng vork OR or +Ate acp.eamnt, and particularly for tke purpoees of SIction 6 of this agroemnt, bs conclasivsly dsd to b the "ant rwl egmt of ILasllsee acting OIL behalf and wit& the soope of saah aantnetorrl or suboontraofcrr~ empbyssnt for Lio~nm. Lleensee agrees b mid, and keep in form or arrame to have h-niaked and keep in foro4 in~~ancr ef h31 kiadr and amnnts spaciiied belov bring the initial term of coaatructlon of the PIPE LINE and during any Sabsqmnt term or teras b he Lieenwe ~II, with reapeot to tbe opezat~ons which it performs ppon, beneath or sdjacont te ~icenaor'r ri& Llcenap, inclrding plans covering my falM conneation vltb the PXPB LIXS all for the pa-pars ai 17. Lag *ah lZ!3int8n!UXe is parformed on the Lm. (a) of way and/or traok, furnit& or arrange to have furnishad (i) regular Cmtractors' Fubllc Lfebflity Insm9nca with lldtm of wh lees thrrr Five Hundred Thousand Dollars ($soO,oaO) for all UabUity arising out of bodily injuries to or death of cae paraon, -4 mbJe& to that llrPit for -oh perm, One IKLllon Dollars ($1,003 OOO) for all liabillty arisinq Crrrt of bcdi3~ Injurh b (P bath of two or mro persons in one accident or occurrenoe and (iij regular Contrahrs' Rope* Ibongp UbUty fasrrruroe ultk limdtr ai not less than &e 1U&n Dolbrs ($&co~,~w) for -oh ooourrence for all llabllib arising out of damage to or loss of destruction of property. Licenaee and all its oontraotors and subeontractors ahall bs rimed lneureds either in 1. ktagle pow of bmrranaa oomplyiag with the requireinants of this mbwagraph (a) or in aeprate pallcies maiatained during Noh periods am srah oontractoro and/or sibcontractors shall perform any vork hereunder. 'fhe p1iag or poucles insurinp Lfaensem abau inmm Ucan- mebe oontrsohal liability in favor of Licensor contained in j~-~g~'~ph 6 of the printed provisions of this Uoenm. neath or adjscent to Licensor's right of way and/or traok, f'urnish or arrengo to have furnished ln Idcensor's frwr (1) pow or polhiem of lnrntranoe satiofadorg to Llcenmr vhiah shall proteot Llmnmr against liabmft for innjuries fo bf death of perm or psl.ao~8, INCLtlilING LICB?SDRtS EMTUKEES, ocaasfoned by or resulting, in Vtrole or in part, from the opemtionr of the ~O~JXSO or any of ita subntraotors, on or contiruous to Llceasorls property (me* liability due emlev to Lloencrortd negligmw), with uidts of not Less than Five FfKndred Thauwd DOl.br8 (8503,m) for a11 &armges arisind out Of bodilp infurfor to or dmfh Of QnO perm and subject to suoh ~~tatiOB, be Mlllion Dollars ($l,oOO,COO) for all daages arising of Lpdify hjwios fo or death of tvo or wre persons in any we accident or occurrence; and (U) policy or policies of insunoce rmntisfacbry to Lioenmr vhiah wtll px,otedi Lieensor against liability for -go to or loss or destrudlon of property, including property fa Lioe.aoortr awe custody or control, occlsioned by or resulting, in vfiale or in part, from the operatloos of the Licensee, its oontrahrm or e&- coatmotore (except liability due solely to Licensor's negligence) vith limits of not lsss than Qe Millim Dollar8 ($l,ooO,ooO) for OR& oec"naa. or oci4ffiod oopy of inslrrance poliag, if requested by Licensor, as rsquired by subparagraph (a) of paragraph 17 kereof and fm fwni&, or mge to ham f'urnished, the otik;inal policy rep3red by subpmgraph (b) of parapph 17. cerfifiootss 4eOthg thb owerrp required by aubpwagxuph (a) ahan unqm~iriedy reqaint 30 days written 'notice to Lioenaor of oandution or IpDdfi ficstbn of the insurance referred fa in rnach certificates. (b) %e Licdnsee sball, with respot t.b the oparations it or any of its oontraotorr or auboaatraotors 9erfom upon, b8- * 18. Uoensee agrees to Avnish or srntnge to have f'urniebd to Licensor cartitieatas refleoting tho fnmmnoe 19. ~censee shall not ta permitted to emrui~ the licenlm and permisdon wted hareunder until notiiiad Ly the koenmr that insurance AvniahOd pursueat to -graph 17 hereef is satidaatcry. 20. This license supersedes and cancels licenses dated ApriI.24, 1959, January 16, 1962, May 2, 1966, and June 3, 1966, designated in the records of Licensor as contracts, Secretary's Nos, 63496, 66796, 121696 and 122758, respectively, to- gether with any and all modifications, amendments and supplements thereto. L i I 9 1 EXHIBIT "A' ATTACHED TO CONTRACT BETwEErd THE ATCHfSON, TOPEKA AND SANTA FE RAILVVAY COMPANY I I e CfTY S C,4 L E: D Y Y i 2.ssi. General hCanaei?