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HomeMy WebLinkAboutContracts & Agreements_58-1979_CCv0001.pdf ferns 16558 Standard (Approved by Genera3 Solicitor) P'IP'E LINE ]LICENSE BK-705009 THIS LICENSE, Made this_-_ __.__...a day of_ _ ___._n____--- __ _, 19-79-, betty n_ _u corporation (hereinafter called "Licensor"), party of the first part, and (hereinafter, whether one or more, called "licensee"), party of the second WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1, Subject to the terms sand conditions hereinafter set forth, Licensor Heensft Licensee to construct and 43 ) Pape li ----- --- ---= ------------------------_inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LIME"), across or along the right of way of Licensor at or near the station of_ ___9A�P L _ the exact location of the PIPE LINE being more particularly shown by-redneolerWg upon the print hereto attached, dated-- marked "Exhibit A" and made a part hereof. 2. Licensee shall use the`PIPE LINE solely for carrying------------ 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 sura 4. Licensee shall, at its own cost and subject to the supervision and`control of Licensors 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 eases 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 e operation of its railroad, and. in such event Licensee agrees to pay, within fifteen {1 ) days after'-bill shall have been. rendered therefor, the cost so incurred by Licensor, but failure o the part-of Licensor to per- form the obligations of Licensee shall not release Licensee from liability'hereunder for low or damage occasioned thereby, o. 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 :luring installation of the PIPE LINE and for any and all other expense incurred`by Licensor on account of the PIPE LINE. . 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:,o (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 covenant herein. contained Licensor may at its election forthwith revoke this license. 8. THIS LWENM 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 ether runner herein provided, Licensee, upon de- mand of Licensor,shall abandon the use of the PIPE LINE and remove the same and tore the right of way and tracks of Licensor to the same condition in which they were prior to the placing;of the PIPE LICE thereunder. In case Licensee shall fail to restore Licensor's promi as aforesaid within ten (1 0) 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, omissionor, events happening prior to the date the PIPELINE is removed and the right of way and truck 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 Dail, postage prepaid, addressed to Licensee __sw_______ . mi_ .: or. , , California 9237 .______---___ ®-w-_____ ______4--_®_ —_____ 1ny notice to be given hereunder;by Licensee to Licensor shall bed fined to be properly served if the same be deposited in the Limited States Mail, postage prepaid, addressed to General Managerat �� r 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, o any subsequent assignee, shall be bind- ing upon Licensor without the written consent of Licensor in each instance. Attaph*4 #areto and made a part hereof is killer ' identifi-ed by the f ign f J. R. IN WITNESS t"r HEREOF, The parties have executed this agreement in duplicate the day and year first above written. Approved as to Description: n Its Supervisor ��tr _ --------------- ----------__ ______. Chief Engineer. VITY OF - ------ _ ----- �_- RIDER "A" RIDER to license agreement dated between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and 13. In cases were Li-censee is permitted under Section 2 hereof to use the PIPELINE for non-flamesable substances, the PIPELINE shall be constructed, installed and thereafter maintained in conformity with plans and specifications set forth in the American Railway Engineering Association, Specification for Pipeline Crossings Under Railway Track for Non-rlaab?e Substances, Reprised 2964, or Specification for the Placement of Concrete Culvert Pipe, Devised 1966, whichever may apply. 14. Any work performed. can Licensor's right of way by Licensee or Licensee's contractor shall be dune 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 performi.na 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 farce or arrange to have furnished and keep in farce 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. (i.) regular Contractors` Public Liability Insurance with limits of not less than Fire hundred Thousand Dollars ($500,000) for all liability arising out of bodily injuries to or death of one persons 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 wok hereunder. The policy or policies insuring Licensee shall insure Licensee's contractual, liability in favor of Licensor contained in SecLon 6 of the printed provisions of this license, (b) Licensee shall, with respect to the operations It or any of is contractors or sub- contractors perform upon, beneath or adjacent to Licensor's right. of gray and/'or track, furnish or arrange to have furnished in Licensor's favor (i) policy or polici-es 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 ($1,040;000) for all damages arising out of bodily injuries to or death of two or more persons in any one accident or occurrence; and (ii) 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 result ing, in whole or in part, from the operations of Licensee, its contractors or subcontractors (except liability due solely to Licensor's negligence) with lime is 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) or Section 17. Certificates reflecting the coverage required by subsection (a) shall unqualifiedly require 30 days' written notice to Licensor of can- ce;lation or modification of the insurance referred to in such certificates. 19. Licensee shall not be nerttitted to exercise the license and permission granted here- under until notified by Licensor that insurance furnished pursuant to Section 17 hereof is satis- factory. Identified by �� G.M. FILE NO. csr r- ry a- EXHIBIT "K ATTACHE© TO CONTRACT BETWEEN N THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CC?~Y AND CITY OF REDLANDS LOS ANGELES, CALIF A.GAC-ENQNEEIANG �• At10t,tST 2.4 1979 { SCALE: 1 IN. TO loo FT. R=—DLA NZ�5 � . A DTZ-NAZZ='fi140 15,4N �rzht cl l��!r.t o hJC t c ,s,r ter. . t�, Rr—:Z71..,4 NZ:7S MC—X am lr �2'cas„vcr }curs 9f482.7 5;7 .ie ll�-7 i ,4 1 t 4 DESCRIPTION OF PIPE LINE UNDER TRACK PIPE LINE LOCATED AS SHOWN PIPE BASE SSE RAIL CARRIES PRESSURE SIZE KIND THICKNESS LENGTH TO TCS OF PIP 2-1 CASING 49" s .L. 3;43 '` .¢ ' /:Z/ `r IG'7`ojq 1AJ, SAN r A D I NO :e: ►t,.+r�J`7” l.I c 141 J'0 C.E.C.L.. DRAWING NO. 6C�t —3�3�5