Loading...
HomeMy WebLinkAboutContracts & Agreements_45-1980_CCv0001.pdf BN-70305 $aata tie Original form IMS Stonaord (Approy*d by Control Solicitor) PUT LINE LICENSE THIS LICENSE, Made this- 10th _day 801- 1 between THEATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY --- -- -------------- ------------------ Del aware. corporation (hereinafter called "Licensor"), party of thefirst part, and CITY OF REDLANDS, a municipality in the State of California —----------- ----------- ---------- (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 and maintain-----one -------- I ) pipe line—--, ---- th i rty--n-ine ------- ----------- -(.�q)----Anches 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.__Neva-da--Street, o C San Bernardinounty, CA ' -----.-theexaet location of the PIPELINE being more particularly shown by-rzdc41Qziag upon the print hereto attached, No.-__601,-396,3 ------OlIctober-1, 1980----------------- marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying -- storm and run-off-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 of--------------__-__. _______.__. ...-, _._____�_____One f--------------One and No 100 Dollars (51.00) -------------- ------- ------- 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief giueer, locate, construct and, maintain the PIPE LINE in such a manner and of suer niamaterial 1al that it will not at any time be a source o'f danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe opt-cation of its railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LTNE for oil, gas, petroleum products, or other i(lammable or highly volatile substapees, undo= pressure. the -PIPE LINE shall be constructed, installed and thereafter maintained in conformity Nvith 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 paragzaph, Li- censer 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 ilfteen (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 oe� sio.ned thereby. 5. 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 t, and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all tunes indemnify and save harmless Licensor against and pay in full all loss, damageor expense that Licensor --rnay sustain, incur or become liable for, resulting in ally 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;r assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants heroin contained Licensor may at its election forthwith revoke this license. S. THIS LICENSE is given. by Licensor and accepted by Licensee upon the express condition that the sane niay be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the ether 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 (late 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, vhetl er of indemnity or otherwise, resilting 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. . 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 v.>hatsoever 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 P. 0. Box 280, Redlands, CA 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 Mail, postage prepaid, addressed to General Manager t 5200 E. Sheila St. Les Angeles, CA 90040 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. 1 . 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 d. H. Schwartz. "N 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: its Chief Engineer. AppROVED AS TO FORIA CITY OF REDL iDS _L�iat Gene 1 `% ry ro (Licensee) RIDER to license agreement dated —October 10, 1980 between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and CITY OF REDLANDS 13. In cases where Licensee is permitted under Section 2 hereof to use the PIPELINE for non-flammable substances, the PIPELINE shall be constructed, installed and thereafter maintained in conformity with plans and specifications set forth in the American Railway Engineering Association, Soecification for Pipeline 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 neces- sary 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 said Licensor'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 PIPELINE shall for the purpose 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 contractor's or subcontractor's 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 PIPELINE and during any subsequent term or terms during which maintenance is performed on the PIPELINE. (a) 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 (-; ) reaular Contractors' Public Liability Insurance with limits of not less than rive 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 subsection (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 liability in favor of Licensor contained in Section 6 of the printed provisions of this license. (b) Licensee shall, with respect to the operations it or any of its contractors or sub- contractors perform upon, beneath or adjacent to Licensor's right of way and/or track, furnish or arrange to have furnished in Licensor's favor (i) policy or policies of insurance satisfactory to Licensor which shall protect Licensor against liability for injuries to or death of person or persons, INCLUDING LICENSOR'S EMPLOYES, occasioned by or resulting, in whole or in part, from the operations of Licensee or any of its subcontractors, on or contiguous to Licensor's property (excePt liability due solely to Licensor's negligence) , with limits of not less than Five Hundred Thousand Dollars ($500,000) for all damages arising out of bodily injuries to or death of one person and, subject to such limitation, One Million Dollars ($1,000,000) for all damages arising out of bodil-v injuries to or death of two or more persons in any one accident or occurrence; and (iii ) policy or policies of insurance satisfactory to Licensor which will protect Licensor against liability for damage to or loss or destruction of property, including property in Licensor's care, custody or control, occasioned by or resulting, in whole or in part, from the opera-lions of Licensee, its contractors or subcontractors (except liability due solely to Licensor's negligence) with I i1r 4 tS of not less than One Million Dollars ($1,000,000) for each occurrence. 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 subsection (a) of Section 17 hereof, and to furnish, or arrange to have furnished, the original policy required by subsection (b) of Section 17. Certificates reflecting the coverage required by subsection (a)- shall unqualifiedly require 30 days' written notice to Licensor of can- cellation or modification of the insurance referred to in such certificates. 19. Licensee shall not be permitted to exercise the license and permission granted here- under until notified by Licensor that insurance furnished pursuant to Section 17 o4� ir-,3-f s satis- factory. Identified by L c EXHIBIT "N' x ATTACHED TO CONTRACT BETWEEN � THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CITY QF REDLANDS LOS ANGELES, CALIF. Ll> LG.> 7cbLj,\I-� t [rTOg3�F? I1 11go A.G.A,i. —ENGINEERING v��ytr,'�°rresn,i s�av SCALE: 1 IN. To 4o FT. 3 A Rjus. - 25; 11100 1611.0 C � Nr v.A0A N x Rcr� A v k� DESCRIPTION OF PIPE: LINE UNDER TRACK PIPE LIME LOCATED AS SHOWN PIPE BASE OF RAIL CARRIES PRESSURE SIZE KIND THICKNESS LENGTH TO TOP OF PIPE t CARRIER J:,,,Ar^l CASING4'r' 7'rr C.E.C.L.. DRAWING NO. 601 - 39638 4=,p&j tA-rY, <"" A r%tv n r: "m ntv Fit F Mn RL. 7. . I- t'7 .