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Home My WebLink AboutContracts & Agreements_14-1961Santa FeSanta R a&,Ilw % City of Redlands, Redlands, California. 5 a'—, �IJJ�1 r11J1 �Jr ��J�f��JJ1J �rl 1'� Attention: Mr. John Jones Director of Public Works Gentlemen: file OFFICE OF DIVISION ENGINEER J. W. CONROY, Division Engineer W. L PAUL, Assistant Division Engineer M. W. LLOYD, Office Engineer Telephone Turner 4-2111 1170 West Third Street, San Bernardino, California February 15,1962 G-43043 z wish to refer to your letter of 31 August T am enclosing a fully executed copy of license covering pro,osed construction of an 8" water line across right of way and under tracks at W S + 33501 in North Eureka Street Crossing at Redlands. De not send the $1.00 for the license. Yours truly, - (:�1-4 1 &::104 1 )/ Division Enginee Form 1658 $tondard (Approved by General Solicitor) PWE L LICENSE THIS LICENSE, Made this ---- - ---- _____18t __- __-__daY of --------»--------- --- --------- ---- 19_ 4__-_, between -- THE ATCHI NIT€'----- A S TA FE kIL AY Chi 'ANY ---- - - - ---------------------- ------------- -------- a --- ---------- pas --- ---------------------- corporation (hereinafter called "Licensor"), party of the first part, and C1117 OF it (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 andmaintain_fine---.--»----_-w.w--_-w----_----- .� �,-�... 1 .i. w w w ..r w. war rr .+n .+fir w w w +r w r .E a. -- w -- .r _____ ____—__ ( ) pipe ne--- ------ ---------=-------------..___...._,...-- E h_-"_.inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of- Redlands, San Bernardino nh:__----------- ----- _____________«--__---the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No. ! �" '------- -------- dated- A'1Aq�-?It; 1- --».-_-____-__________..--------------------------_ ___--_-------------- — W ----- , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying -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 One and Rq/100 Doiiaxs ( 1.00) --------------------------------------------------------------- -- 4.: - Licensee shall, ,at its own cost and subject to the supervision and control of Licensor's chief en- gineer, 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 un- der paragraph 2 hereof to use the PIPE LINE for orl or gas, or petroleum products, 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 Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licen- sor may, at its option, itself perform such work as it deems necessary for the safe operation of its rail- road; and in`such event Licenseeagrees to pay, within fifteen (15) days after bill shall have been ren- dered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obli- gations 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 false work to sup- port 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 PIPE LINE. 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 PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of per- sons, (e) 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 here- in 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 anytime 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 demand of Licen- sor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and wracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE there- under. 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 indem- nity or otherwise, resulting from any acts, omissions or events 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, request, instructions or revocation of this license to be given by Licensor to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee, or if deposited in the Post Office, postpaid, addressed to Licensee at__0ity Roll �i oa _snd- tut-- Hedlancls,�- 11. In the event that two or more parties execute this instrument as Licensee, all eeccoovefSh 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 bene- fit 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 Licen- see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. 1.3. The PIPE LIPE shv3ll be constructed, installed and thereafter maintained in conformity with the plans and specifications set forth in the American Railway Eng— ineering Assoeia►tionf Specifications for Pipe Line Crossings Under Railway Tracks, 19561 for 60*-flaumble substances. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. ------------ T11E_ATCBL%RsI =ALA --AgA_3=&-_YZ_AAn.WAY__G W_M------_--- (Licensor) Approved as to Description: BY - — --- L�4;1 ------------------------------------sfd A86allKanagat Chief Engineer. - ----------------CIi]--- R -------------- ------ ----------- - $y. iL4z6alL Its City Manager Director of -- — - - - -8 Public Works ( j ensee) EXHIBIT -'A'* ATTACHED TO CONTRACT BETWEEN THE ATCHISO N. TOPEKA AND SANTA FE RAILWAY COMPANY AND C/T Y OF REDI.AAIDS SAN BERNARDINO CALIF. DESCRIPTIO CORRECT AUGUST' 23, 1961 ,� SION ENGINE R SCALE: 9 IN TO I 9r/0E-r' J STUART To SAnV 8,E,?/VARo/N0 -- _1!�ISTR/CT .c S. 04.54 -�- 6 3. 2 M. /03 71 13, 1�"s0.3 Z. 8 Cugter /,1ne kirnq - Q R I E N T A. L.__.�- SQCJTHE"RN P,qC/F/ D.ESCR/P7/4IV A V,E /V C/- N OD�N To DEL :40s,a A. T. 5:�.5' F Ry Co.- -- MA/ni 7-/?ACK C ► r 1 EJi o � 4p u y D � � A VE/y(/,e _R,4 /4 vV A y C o - A/7 (3 inch A-C, doss ISO )a=F ;. -e,--casea fn 62 T� of /6/1?ch 5-7`e'el &,7,-0.rernenf /0/p& acw,t:7 a % ',-7C/i L.)ali Th iCkl7eSS 54 0a / r7 red. Top of L as i ,79 p;pe to 456, a m i n r M U M Of -5.,5 feef 6e la c✓ base o 7' rail . AT REal--aIDS Divls,oN ENGINEER'S DRAWING NO L-3-24739 San '20 County, Calif