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HomeMy WebLinkAbout1980-255 i �i RESOLUTION NO. 1 �i A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF PIPE LINE LICENSE FOR CONSTRUCTION OF A 15-INCH SEWER MAIN, BETWEEN SAID CITY AND THE 3 ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO AS FOLLOWS: 5 SECTION 1 . The Mayor of the City of San Bernardino is hereby 6 authorized and directed to execute on behalf of said City Pipe Line 7 License for construction of a 15-inch sewer main, West of Tippecanoe 8 Avenue, between said City and The Atchison, Topeka and Santa Fe 9 Railway Company, a copy of which is attached hereto marked Exhibit 10 "A" and incorporated herein by reference as fully as though set 11 forth at length herein. 12 I HEREBY CERTIFY that the foregoing resolution was duly adopted 13 by the Mayor and Common Council of the City of San Bernardino at a 14 meeting thereof, held on the /6' day of 15 , 1980, by the following vote, to-wit: 16 AYiS ti 17 18 NOES: 19 ABSENT: L 20 21 � fiHAUNA -CLARK, City Clerk 22 Tie foregoing resolution is hereby approved this 17 da f 23 _—, 1980. 24 25 0 of y of San B nardino 26 Appr d as to form: 27 City A torney 28 •• BM-70587 _.. . _.._._.__ .__._._.__ _ _ .----•- ---- Santa Fr Qrioinul fors 1638 standard t (Approved by General Solicitor) 3� PIPE LINE LICENSE THIS LICENSE, Made this-_.._lst —day of_—_ .__December _ 19--79_, ---- ----------. THE ATC.HISON, TOPEKA AND SANTA FE RAILWAY COMPANY between--------._..-- - ---- ----- ------ -----... ------- --- — ------• a Delaware _ __ _corporation (hereinafter called "Licensor"), party of the first part, and CITY OF SAN BERNARDINO, a political subdivision of 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 One -------------------------------------------------------------- and maintain--- --- --------------- --------- --_— ___- -- - ------- ( 1 ) pipeline-- Fifteen ----------------------------------------------------- -- (15) ---inches in diameter (hereinafter, whether one or more pipe lilies, called the "PIPE Victoria LINE"), across or along the right of way of Licensor at or near the station of__. San Bernardi-no County, California the exact location of the PIPE LINE being more particularly 601-38470 shown bye-red-eelering upon the print hereto attached, No.___________._____ , dated October 18, 1979, .--, marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying—effluent water________--__—_ and shall not use it to carry any other commodity or for any other purpose whatsoever. 8. Licensee shall pay Licensor as compensation for this license the sum of___ One Hundred and Fifty and N01100 Dollars ($150.00) one-time fee — — 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. 6. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for fla Man 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 dama,,;•e 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. EXHIBIT "At' T.L 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 LINT: 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_.________..__. City Hall, 300 No. D Street, San Bernardino, CA 92401 -------------------------- -------- ---- -— - ----- ------------------------------ 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 Licensor's-----------____--- General Manager at 5200 E. Sheila St_ -- Los 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. 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 cuplicate the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE-RAILWAY CO1 PANY —___(Licensor) Approved as to Description: — Y �1L.�,�.�✓--- - --- - Its___— --- --` Chief Engin- --eer.-------- APPROVED AS TO FORM CITY of SAN BERNARDINO Attovey By ..__-----------._____— Approved as to form: Its MAYOR .City Attorney __ ._ (Licensee) • RIDER "A," RIDER to license agreement dated AQCember I, 1979 between THE ATCHISON, TOPEKA AND SANTA FE RAILwAX COMPANY and CITY OF SAN U RNARDINO 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, Specification 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 Licensam..;r.;rie:.'_of way by Licensee or Licensee's contractor shall be done in a satisfactory wornmani Ay� 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 Licenser's track, and no work shall be permitted until said plans and spegifigatigns have been approved by Licensor. 15. Licensee or Licensee's contractor shall not be Permuted to Commence work on said Licensor's right of way without having first received written notification from Licensor's Division Superintendent of perinissign to proceed, 16. Any contractor or subcontractor performing work on or in connection with the PIPELINE shall for the PurPgge Of thi= agreement, and particularly for the purposes of Section 6 of this agreement, be C9nclusivply deemed to be the servant and agent of Licensee acting on behalf and within the €C®Pe of suCh e®ntraCtors or gubegntractor's employment for Licensee. 17. Licensee agrees to furnish and keep in force or arrange to have furnished ial and keep in force insurance of all kinds and amountsspbsequied beloworutermsthe during itwhich term of construction of the PIPELINE and during any maintenance is performed on the PIPELINE, (a) Licensee shall, with respect to the operations which it Performs upon, beneath or adjacent to Licenser'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 ($1,000,000) for each occurrence for all liability arising out of damage to or loss or destruction of property. Licensee and all its contractors and subcontractors shall be named insureds either in a single policy of insurance complying with the requirements of this subsection (a) or in separate policies maintained during such periods as such contractors and/or subcontractors shall perform any work hereunder, The policy or policies insuring Licensee shall insure Licensee's contractual liability in favor of Licensor Contained in Section 6 of the printed provisions of this license. 18. Licensee agrees to furnish or arrange to have furnished to Licensor cer- tificates reflectinq the insurance coverage or certified copy of insurance policy, if requested by Licensor, as required by subsection (a) of Section 17 hereof. Certificates reflecting the coverage required by subsection (a) shall unqualifiedly require 30 days' written notice to Licensor of cancellation or ;ngdification of the insurance referred to in such certificates. 19. Licensee shall not be permitted to exercise the license and permission granted hereunder until notified by LiCCnsgr that insurance furnished pursuant to Section 17 hereof is satisfactory. Sdontified by -- = EXHIBIT "A" o • ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY m AND •C 1 TY OF SAN BER NAR D I NO N LOS ANGELES. CALIF ttJ. ltJ /ouv � OGTO$�tz I$� X979 A.G.M.-ENGINEERING ?.IGSC?Z/pT�oN.QppROVG4a ' SCALE: 1 IN. TO JDa FT. d T�DLl.�n/D DI ST. L.A . DIV. A --T--- ....... -- -- -- 7/7.7— s%p - AA/ •5C-=,VAR D/N4 SAID B1=RN.QRDiNo n�Gx-r vl���/,n N�x�— ' S1=lt�uZ.. X/N4 mss. ZG�Io�- 71.18 = M.P. 43-0-4165-. 19 rr ' DtSCRIPTION OF PIPE LINE UNDER TRACK ' PIPE LINE LOCATED AS SHOWN PIPE BASE OF RAIL CURRIES PRF_5 SVRE SIZE KIND THICKNESS LENGTH TO TOP OF PIPE �t�t,ILIGt� 6r►tdU� 15;" CARRIER _ CASING �o srt�L 4G9" $z' 17' RE-Am vl '� :OA; • • N r=te�1.�9'►�L-.�11•!� C©L.lN-7-•�e t' --��eA,t.,.o �„ 2Nrt�1 C.E.C.L. DRAWING NO. 601 -38470 INSTRUCTIONS FOR OBTAINING INSURANCE FOR LICENSE Paragraph/ 2� 14/8 SALIENT ITEMS Name of Insurance Company Furnish certificate in duplicate. �i Policy No. Name of Insured: (Name of contractor or Licensee 'amounts as shown. if no contractor involved) Contractual liability. � .- Effective Each Each JDescription and location of project. O Liability Date Person Occurrence Limit Public (Actual $500,00 - - $1,000,000 5 Additional Insured - Name of Licensee Date) when contractor performs work. Property (Actual - - $1,000,000 1,000,000 Not less than 30 days' cancellation Damage Date) notice. O Liability includes Contractual liability as per IMPORTANT written agreement. ® Description and location of project: (brief (Certificate must reflect the follow- description including street, city, state, etc.) .�ng or equivalent) This policy does not contain any Additional Insured: (Name of Licensee - when exclusion pertaining to railway contractor involved) company agreements.with save harm- less provisions therein. © At least 30 days' cancellation notice in writing. R. D. Fish, General Manager The A.T.& S.F. Railway Company One Santa Fe Plaza 5200 East Sheila Street Los Angeles, California 90040