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Home My WebLink AboutContracts & Agreements_2-1955R^5R-56M "Mo Awwla V� 610 SOUTH MAIN STREET, LOS ANGELES 14, CALIFORNIA IN REPLY PLEASE REFER To P. D. ROBINSON Mich. 6161, Dxtn 2521 L -Redlands-2nd St 5UP£RSNT£NO£NT May 12, 1955 City of Redlands Redlands, California Attention - hr. Philip B. Johnson City En r. Gentlemen: Referring to our letter April 20 transmitting proposed license .for execution by the City to cover installa- tion off'a 15-inch sewer pipe within our property boundaries at Redlands - Counterparts signed by the City were received in our office Eay 3. We have completed execution and enclose the City's counterparts dated Xerch 15, 1955. Yours very truly, A.- RESOLUTION A resolution of the City Council, City of Redlands, California, adopted April 26s, 1955, as follows: BE IT RESOLVED that the City of Redlands execute that certain License AMPTED this 26th day riiq 19%. Attest: its �,_/erh /john H. Elkins Playor of the City of —Rid —lands I hereby certify that the foregoing resolution was duly, and regularly adopted at an adjourned regular meeting of the City Council., City of Redlands$ held April 26� 1955� by the following roll -call vote.* AYE -. Councilmen Osbun,, Kano., Anderson acid or Elkins NAY., None ABSENT., Councilman Morlan the erk of its of d1arm4ftb 7.52.IM L•3400 Approved aeto Form by General Counsel June 13, 1952 NEW OBD C4ti AgurI ens, made this 15th day of March, , 19 55, by and between SOUTHERN PACIFIC COMPANY, a corporation, first party, hereinafter termed "Railroad," and CITY OF REDLANDS, Redlands, California, second party, hereinafter termed "Licensee." TVITNESSETH THAT: Railroad, in consideration of the sum of TEN AND NO/100ths — — -- - ( $10.00 ) Dollars, to be paid by Licensee to Railroad, and in further consideration of the faithful performance by Licensee of all the covenants and agreements herein contained, hereby permits Licensee to construct, reconstruct, maintain and operate a ,fifteen (15 ) inch vitrified clay pipe encased in concrete in accordance with Rail- roadts drawing CS-1741, attached hereto and made a part hereof, hereinafter termed "structure," for conveying — — — sewage +� •° «- — — — 0 �- — -- e , said structure to be constructed beneath property of Railroad, at a depth specified by Railroad, at or near REDLANDS t 2nd Street) Station, County of San Bernardino — — — W — , and State of California — -- — — -> — — , in the location as shown in red on the print attached hereto and made part hereof, and more particularly described as follows, to -wit: -- This agreement is made upon the following terms and conditions: 1. Licensee hereby acknowledges the title of Railroad in and to the premises described in this agreement and agrees never to assail Or resist said title. 2. Licensee and the agents and employees of Licensee shall have the privilege of entry on said premises for the purpose of making necessary repairs to or changes in said structure, and Licensee agrees to at all times keep said premises in a good and sa f e condition free from waste all to the satisfaction of Railroad. If Licensee fails to keep said premises in a good and safe condition, free from waste, then Railroad may perform the necessary work at the expense of Licensee, which expense Licensee agrees to pay to Railroad upon demand. Licensee agrees that all work upon, or in connection with, said structure shall be done at such times and in such manner as not to interfere in any way whatsoever with the operations of Railroad, and that the location of said struc- ture and all said work shall be done and made under the supervision and to the satisfaction of Railroad. In the event Railroad shall at any time or times require the removal, reconstruction, alteration or changes in the location of said structure, or shall at any time or times construct an additional track or tracks, then Licensee agrees at Licensee's own sole cost and expense, upon receiving written notice front Railroad so to do, to forthwith construct and maintain an additional structure or extend or change said structure or immediately remove, reconstruct, alter or make changes in the location of said structure as may be requested by Railroad and in a manner satisfactory to Railroad. Licensee shall give Railroad five (5) days' written notice prior to the commencement of any work of construction or reconstruction. 3. Licensee shall not assign or transfer this agreement, in whole or in part, or permit any other person to use the right or privilege hereby given, without the written consent of Railroad first had and obtained. 4. Licensee agrees to reimburse Railroad the cost to Railroad of furnishing any necessary watchmen, flagmen or inspectors and for performing any work, including installing and removing any necessary falsework beneath the tracks of Railroad, during the installation, maintenance or removal of said structure. 5. In the event Licensee shall discontinue the use of said structure or shalt abandon the same, all rights hereby given shall forthwith cease and determine. Should Licensee fail to keep, observe and perform any covenant or condition on Licensee's part herein contained, all rights hereby given shall, at the option of Railroad, forthwith cease and determine. Upon termination of the privileges contained herein or upon termination of this agreement, as hereinafter provided, Licensee shall, at Licensee's own cost and expense, immediately remove said structure and restore said premises as nearly as possible to the same state and condition they were in prior to the con- struction of said structure. Should Licensee in such event fail, neglect or refuse to so remove said structure and so restore said premises, such removal and restoration may be performed by Railroad at the expense of Licensee, which expense Licensee agrees to pay to Railroad on demand. 6. Licensee shall indemnify and save harmless the railroad, and the successors, assigns and lessor of Railroad, from and against any and all loss, damage, liability, expense, claims and demands, of whatsoever character, direct, indirect or consequential, incli&ding injuries to or deaths of any and all persons, damage to property belonging to or in the custody or possession of Railroad, or any or all other persons, whether upon the property or right of way of Railroad, or elsewhere, caused directly or indirectly by the construction, renewal, relocation, use, maintenance, presence or removal of said structure, adjuncts or appurtenances. 7. The Licensee shall assume all risk of damage to said structure and appurtenances and to any other property of said Licensee, or any property under the control or custody of the Licensee, while upon the property or right of way of Railroad, or in proximity thereto, caused by or contributed to in any way by the construction, operation, maintenance or presence of the line or lines of railroad of the Railroad or its or their present or future adjuncts or appurtenances, excepting loss or damage arising from fire caused solely by Railroad's negligence. Licensee does hereby release and agrees to indemnify and save harmless the Railroad from and against any and all liability for injuries or deaths suffered by Licensee or the agents, employees or the repre- sentatives of the Licensee, or any other person or persons while engaged in the construction, maintenance, operation, replacement or removal of said structure and appurtenances, caused by or contributed to in any way by the construction, operation, maintenance or presence of the line or lines of railroad of the Railroad or its or their present or future adjuncts or appurtenances or caused in any other respect whatsoever, except as to liability for injuries or deaths arising from fire caused solely by Railroad's negligence. 8. In the event any work upon or in connection with said structure or its appurtenances to be done upon, beneath or adjacent to the tracks and property of Railroad should be let to Contractor by Licensee, such work shall not be begun until such Contractor shall have first entered into an agreement with Railroad, satisfactory to Railroad and indemnifying Railroad from and against all claims, demands, cost, loss, damage and liability, growing out of the performance of the work to be done by such Contractor, and such Contractor shall furnish, at no expense to Railroad, a good and sufficient reliable Surety Company bond in such amount as may be specified by Railroad for the faithful performance of all the terms, covenants, conditions and stipulations contained in said agreement to be entered into with Railroad by said Contractor, as here in this paragraph provided; the form of said bond to be satisfactory to Railroad. 9. Licensee will fully pay for all materials joined or affixed to said premises, and pay in full all persons that perform labor upon said premises, and will not permit or suffer any mechanics' liens or materialmen's liens of any kind or nature to be enforced against said premises for any work done or materials furnished thereon at Licensee's instance or request. 10. In case Railroad shall bring suit to compel performance of, or to recover for breach of, any covenant, agreement or condition herein written, Licensee shall and will pay to Railroad reasonable attorney fees in addition to the amount of judgment and costs. 11. This agreement may be terminated by either party hereto by giving thirty (30) days' notice in writing to that effect. 12. Except as otherwise provided herein, the terms and conditions of this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. At Wittivas 04trent, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. WITNESSED BY.- --------------------------------- ----------------- I ----------- Description Correct: --------------------------------------------------------------------------------------- Division Engineer SOUTHERN PACIFIC 5MPANY, 'By... ... ................. Superintendent CITY OF REDLANDS (See Note) (Licensee) - ,Mayor Attest. City Clerk NOTE.—lf an incorporated company, agreement should be executed by an authorized officer thereof and its seal affixed and attested by its Secretary, other wise bignatures should be witnessed by an employee of Rai[road if practicable; if not, by a disinterested party. Main Track ac, e` ar Siding 7 7 Sil( b Su6grade, ��o�n; Bof/am of O//Ch_or Existing Ground Line p e` Carrier Pipe r "� { Carrier Pipe �^ ---------- '--- -- p/peLineulgderpressure r � S-O1.5D I /2�0" � 12'-0" /.50 _-50 PIPE /N EMBANKMENT (See General Rule 2) PIPE /N CUT RULES GOVERNING THE 1NSTALLAT/ON OF PIPE tINES TRANS 17'7'1NCr WATER 'OR OTHER NON-FLARRABL E SUBSTANCES WHEN CROSSING UNDER TRACKS: GENERAL 1. Distance from bof/om of be to top of pipe, casing or concrete encasement shall be not less }ham 3`O'. 2. Pipe /fines under pressure, crossing main tracks and sidings, shall he installed in an approved casing. Length of $uch Casing shall be as shown on The drawir{q above. 3 Pipe Imes under pressure crossing tracks other Phan main frocks and sidings, and pipe /§i§es not under pressure crossing any /rack, 0o not require a' casing provided the carrier pipe is of sufficient strength /o supparf the track and has water - t/gbt joints. /&- such' pipe lrhes, casings lighter than specified /n Table I far supporting track may be used far installing pipe, provided the space between carrier +pipe and casing is heafi%led with grout or sand. If carrier pipe does Mat have sufficient slreagth to support track, casing or concrete encasement must he insta/led. Length of casing measured a/ right angles to /rack shall extend each s/de of center fine of (rack four feet plus Ilse vertical distance from Gpttom of tie /o top of casing or measemerit but na/ less &y )v ten feet, except 11'a1 where casing is /nsta/Ied through rai/road embankment iI sha// exleno' beyond s/ooB of embankment. 4. No pipe lines shall be /aid /§)rough or under hridges or culverts, where there is hkelihood of restricting Ifie area reQaired for the purpose for which the bridges or culverts were bunt, or emdaogering foundations of important strut/ores. 5. If •additional frocks are cons/,acted in the future, the pro/ec/ioM• shall he corresponding/y extended. 6. Inverted syphons for drainage or irrigafion ditches (C S 1705) using steel pipe with welded or screwed joints or corrugated iron pipe with a// seams and,1011Ms close riveted and soldered AaviiV a diameter of 46 inches or less and the re faired strength /o suppart Irack, may ho, installed without a casing. CA5/NGS L Casing may be of either corrugated /ron, mnv/h steel or concrele. It 31ia/1 have sufficient slrengfh /o support track, except that a I/ghler casing may be used for installation Iourooses as provided in Crenera/ Rule 3 ?hove. 2. Aleta/ casing for supporting track sha// conform to thicknesses shown in Table I and shall have joints of either screw, welded or riveted type. It sha11 be groped in preservative material and thoroughly coated inside and outside. 3. Concre?e casing for saoparling track shall have the strength specified /n current ASTM Series/ Designation C 76 for Standard Strengfh pipe for sizes less than 24" §h diameter and for Extra strength pipe for sizes 24 " or larger /n diameter. 411 joints shall be water -tight and of an approved type of construction. 4. The inside diameter of cosily shall he at least 2 inches greater /ham /he largest outside diameter of carrier pipe. S. Sizes of casing larger than shown in Table 1 are special cases and wi// be their merits. 6. Casing shall he so installed as to prevent forma/ion of waterway under the railway. // sh9/1 have even beoarlly lhroughovl i/s length and 5ha/1 slope toward one end. 7. When pracficab/e, casing may be installed by the • jacking or boring method. If /nsta/led by lun17elh7q, space around carrier pipe must be houkhIled with grout or sand. 8. When placed in open cut, pipe lines having diameter of 36- or less, when crossing /racks other than main /racks and sidings, may be encased /n concrete as shown in Tab/e Il. 9, Where the ends of the casing are below ground, they shall be suitably protected against the entrance of foreign material, which might prevent reaqyremoial of the carrier pipe. H�here the ends of the casing are at of above ground surface and adore high water level, they may be /eft open, provided drainage 15 afforded /n such a mawer /hat leakage w111 he conducted away from Me roadbed and structures. /0. Requirements for casings for pipes under main /racks and s/dibgs in dedicated streets may he modified when authorized AV Chief Engineer. CARRIER PIPE /. Carrier pipe shall he of an approved type w11h water -tight joints. 2. Corrugated iron, smaofh steel or concrete carrier pipe when used w/lhoul a casing shall have the same strength as required ?hove for casings. 3. Cast iron carrier pipe used wilhoul s casing sha// have a thickness no/ IeSS than that specified far Gass /SO Cas/ Iran pipe. r TABLE I TH/CI`NESS OF PIPE CASING5 FOR 5UPPOR711VG TRACK Inside Diameter Corrugated Iron Plpe Smooth 51eelPipe Inches U. S Ste. Gage No. Alin. Thickness Inches 4 to /0 /4 %B 12 /46 /5,18, 21,24 1 /2 %4 3O, 36 /O 5/is 4B, 54, 60 8 TABLE II CONCRETE ENCASEMENT FOR P1PES d Inches A Inches Number of Longitudinal %210 Bars 10,12 4 4 15 5 4 18 5 8 21,24,27 6 B 30 7 /2 33 8 /2 36 9 /2 A "�Sfirrups A r%� I f 2' 0"c. /o C. r--- o 0 e r . � d-- 1i .I., I� Clear a �pp 1 ypica/ —JJ SOUTHERN PACIFIC LINES COMMON STANDARD PIPE LINES FOR NON-FLAMMABLE SUBSTANCES CROSSING UNDER TRACK ►7 ■ `a Qv2 v _ x sct 2C sScl fb all ED tm9 u0 30, r 00 1 Q�\Q Q' f e,' ,� m�� 0 G ova 47 0SU ,�..,,-,.w.'..w.,...-,.�...._-__._��_......._....�..._�..,..,.�... �..___.._,-_.-,..�...�, �..._ N ._--_ . L Er• �D Iy tom! n� DRG, A-43(.3 CALIF WA -- --- f L- 1408 5 .._--- `� tyo.9�8t2 zo' concrefe Pc+ Coac. Pu ve rneitf 1 -- -- -- •_...SG V. 1-.+ne...... . ..- Fir! yd1-dn} Firs, Hydrerki C.AUF. WATER `o 4.7E:1~F-FMDNE v4. - i9 ca. `L--14ass qq AUd:lOt9$1 w+ Pro ri- ti i ne..5 1n6' - - SO(J. Pam. .. 1 T 5 +,, \ 6 5 - P.S-p 1 2s Ps - Ps - 11T'e 1T Z5 y 96 kr`)g �'v✓i/e � x 3 I � Z �' onc.AiG¢ close /2-5-06 Ord No.7-55 16" s1d. mo 2 "' ' 10,1112 15' S+d.Ho.Z xz1 ' , 13 sA No3 7 -- 5,d. No i 820' TEAM -T R PIC,- K _ Vles�ern +Jn.an 1_+ e G.yd r Nod �S3 . 14 go' - �`"/�- �9gg5 v AL-d 54�G`� 75' � 4 � I LO M U� a111 m S h 1 rq T E a 'aI t t SO U T HET-"= N PACIFIC. COMPA'NW!" PR.OPO5111D LLASE TC C17Y OF RZE-_f)LAN0S FOR- 15"viC, SF-4'vtR Ilia I Sy i 9� r' u - S C. 3 le � _. too' � ts+ r„