HomeMy WebLinkAboutContracts & Agreements_13-19787)
6anta i:{c Original BL-70068
Form 1658 Standard
(Approved by General Solicitor)
PIPE LINE LICENSE
THIS LICENSE, Made this___._--_ 10?---------day March
-1
between- ---- THE ATCHISON,-TOPEKA AND SANTA FE RAILWAY COMPANY-------------------_— __-__---------,
a ------ -_-Delaware --------------- -------- corporation (hereinafter called "Licensor") , party of the first part, and
- -- - CITY OF REDLANBS,,- a_muni ,a1?ali-ty-In__theS ate--o£ Califoxnia------------------------ ---------
(hereinafter, whether one or more, called "Iicensee"), 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
one--------------------------------------------------.-----------
and maintain__ -------------------------——-------------—-
1 .. twel,ve----------------------------------------------------------
line ( ) pipe ne--------- ------------ ----- --------- -- -_- _-- - -- - -- — — _ _—
__ 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 ------------- Drew --------- —__
San Bernardino County, CA _ ------- the exact location of the PIPE LINE being more particularly
shown fag c.�WVXkrgc upon the print hereto attached, No.__601- 36318d-
-__, date_______________—_____-_--
February___ 23,_ lg_7_$_______________-____----------- marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying ---- ______--- s__e_w-age____________________
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_______________________________________
One and No/100 Dollars ($1.00)—
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 Licensee
shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Li-
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.
b. Licensee shall reimburse Licensor for any expense incurred by Licensor for false 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 all
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) 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 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-
under, whether of indemnity 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 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____________________—____
P_0. _Box 280, itedl ands, California 92373
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 hail, postage prepaid, addressed to Licensor's____________________________
General ManageT __________________................ at._ 121 East Sixth Street
a----90014------------------ ----
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 "A" identified by
the signature of J. H. Schwartz.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and
year first above written.
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
-- - - - - - - - - '- - - --- --- -- ----------------------------------------------------- - (Licensor'
Approved as to Description
lqy
--------------------------
Chief Engineer.
APPROVED AS TO FARM
Sttor e ' ........,�._
Its ---_----
CITY OF REDLANDS
v
Its
---------------
---- - -------------------------------------- --
(Licensee)
R I D E R "A"
RIDER TO LICENSE AGREEMENT DATED M , 19 78 BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAITWAY COMPANY
and
CITY. OF REDLANDS
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 ($1,000,000) 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,
ae required by subparagraph (a) of paragraph 17 hereof. Certificates reflecting the coverage required
by subparagraph (a) shall unqualifiedly require 30 days written notice to Licensor of cancellation
or modification of the insurance referred to in such certificates,•
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 Sy
G.M. FILF NO.
EXH IB17 "K
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY QF REDLANDS
LOS ANGELES, CALIF r K 4
FEI�RUARY 23, i 9?8 A.G.M. ENGIPIEE 1 G
OF-VZ-REPTION APPROVF-0
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DESCRIPTION OF PIPE
LINE UNDER TRACK
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PIPE LINE LOCATED
AS SHOWN> --—Y---r-
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BASE OF RAIL
CARRIES PRESSURE SIZE KIND
THICKNESS LENGTH TO TOP OF PIPE
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C.E.C.L. DRAWING NO. $01 - �631�
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-
CITY MANAGER (Continued)
Canyon refuse site was approved and authorized for
execution by the Mayor on motion of Councilman Elliott,
seconded by Councilman DeMirjyn.
On motion of Councilman Knudsen, seconded by Councilman
Improvement Elliott, unanimous approval was given to the request by
Agreement Terry Ritter for permission to execute an improvement
agreement for future installation of a required water
Ritter main in Minor Subdivision No. 49, provided that Mr.
Ritter comply with all other utility decision require-
ments.
Declaration On motion of Councilman DeMirjyn, seconded by Councilman
of Elliott, the Council unanimously accepted a declaration
Dedication of dedication from D. L. and Jean C. Higdon for street
right-of-way purposes in connection with CPA No. 376.
The Mayor and City Clerk were authorized to execute a
Pipeline License required by the A tcheson, Topeka, and
Pipeline Santa Fe Railway Company in connection with installation
License of a sewer main with California Street, northerly of
Redlands Boulevard, in connection with Tract No. 8882.
This authorization was given unanimously on motion of
Councilman Knudsen, seconded by Councilman Elliott.
Pipeline
Agreement
DeBoer
Community
Center
Proposal
Page seven --
April 18, 1978
An agreement between H. B. DeBoer and the City of
Redlands to permit the relocation by the City of an
existing twenty -inch "B" contract pipeline across the
DeBoer property was unanimously approved on motion of
Councilman DeMirjyn, seconded by Councilman Riordan.
This agreement provides for subsequent relocation of
the pipeline in the event that the pipeline directly
conflicts with the complete or partial redevelopment of
property. The Mayor is authorized to execute the agree-
ment.
Mr. John Coleman of 1519 Bellevue Road presented a com-
prehensive proposal covering the use of the Community
Center. The proposal included the minutes of the meetings
which have been held since October, 1977, to develope
procedures for the best uses of the new Community Center.
Mr. Coleman discussed the recommendations at length with
Council and also explained the difference of opinion
between the Boy's Club representatives and the Community
Center Advisory Committee. The Council concurred that
the staff will work within the guidelines described in
the recommendations. On motion of Councilman Knudsen,
seconded by Councilman Elliott, Council accepted the