Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
CONTRACT PERM - 785 License Agreement
Form 1658 Standard (Approved by Gonerel Solloltor) PIPE LINE LICENSE THIS LICENSE, Made this--_---_-___-�_____________________ ____day of th Novembei ........... .. ....,. betweeen.. ATCHIS©hil.... TOPEKA AND "AXTA FE ldAILWAY C W AIRY . ,_...... ,. .. ............... ................. .......................... ...... .._, a --------- Ka - (hereinafter called "Licensor"), party of the first part, and CITY OF EL SEGUNDQ _.. ... ... ......... ......... ........: ................. . ........ ...,..... ...... ....... ........ .- - - — - - - - - - - -- a Municipality of �� State of California ... ..................... .............. _.m..:....-......: W.__................... ... ....... ... ....... ............._ . (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 main- 0= . ( 1 ) pipe line ... ...... ,_.,.,.............. ................... .................. ................ .. ....------- ____ .............. ....... .............................. Eight....(_$ ..........inch 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___1��uudo;_ Ls� ------------------- leaa =.. -. the exactlocation of the PIPELINE being more particularly shown by red coloring upon the print hereto attached, ......::....... dated ...?...28.._952.. ----------------------------------------------------------------------------------------------------------------------- marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for msarrying.,.....�..,� '.....' __ m-. ....:...... .... ._...._. .-....:. ......... ,......io. ...W.., ........ .......„,. .".:...,............................ :. ......... ........„................,... 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__An__--- &? Dfllla3rs... - - _ _ ........................ . _ .. 4. Licensee shall, at its own cost and sub"ect to the supervision, and control of Licensor's chief engineer, locate, construct and maintain the PIPE LINE in sue a manner and of such material that it will not at any time be a source of danger.to or interference with the prevent 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 or gas or petroleum products, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity it the,plars and specifications shown on print hereto attached in such cases, marked Exhibit E and :made a part 1, If at py I,i IMnsee shall, in the judo nt f Lieem sor' fall to performn roped *its lMrligations under this aroad,an-d in, such e enfa Licensee agrees to ply, within fifteen (15) days after bill shall have been rendered therefor,, the cost so incurred by Licensor, bait failure on the part of l�inebsor o perform the obligatt6ns of Licensee shall not release Licensee, from liability hereunder for loss Or, mage occasioned thereby'. 5. Licensee shall reimburse Licensor for any'expense`incurred by Licensor for false work to`support Licensor's tracks and for awto�prcrtect'its traffic during installation of the PIPELINE and for any and all other expense incurred by Licensor on account of the PIPE DINE. 5. Lieensee shall at° all times indemnify'and save harmless Licensor against , ' and pay in full all loss, damage or a that Licensor may sustain, iftur or becpmne liable for, rsaltin in anmanner from the construction, ma' ce use, sl ato of sp ar, or pr apes of 'time P E L1 a iE, including any such loss, damage or,expense�arirdng out of (a) lobs of or pro arty, (b) > njmnry to or death of persrns„ (c); mechanies' or other liens oaf and charac tee, pr (d) or dents o�any klmd. 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 fortWila revoke this license. T1118 LICENSE is gives by Licensor amid accepted by .Licensee upon the express condition that the same', may be terminated at any time by either party upon teas (1) days' notice in wr"Iting to;. be served upow the other party, stating therein the elate that ;such termination shall take place, and that upon the termination of this license in this or any other mnanner, herein'provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE. LIFE and remove the same and, restore the right of way and tracks of Licensor to the same condition in which troy were prior to the pIacin of the PIPE LINE thereunder. In ease see, WWI, fall to restore premises as aforesaid within ten l0) days after the effective date of ; termination Licensor may -proceed with such wort at the expense of Licensee. No termination hereof shall release Licensee Yrom any, liabflity or, obligation "hereunder, whether of indemnity or otherwise, resulting from an acts, omissions or events happening prior to the date the PIPE LINE is ove�d and the,right of way and t= of Licensor restored as above provided.. 9. In the cue of the eviction of Licensee by an one owning or obtaining title to the premises on which the PIPE LINE" is located, �or, the sale or abando ent Licensor of said premises Licensor shall not be liable to Licensee for any damage of ,any nature whatsoever or to refund any payment mah by Licensee to Licensor here- under, except the proportionate part of any recurring rental charge which may have been paid hereunder its advance. 10. Any notice, request, instructions or revocation of this license to be given;by LLicensor to Licensee hereunder shall be. deemed to be properly served if the same be delivered to Licensee, or if deposited in the Post Ofhce,,post- paid, addressed to Licensee at....... � _.� �� ..� ��• � ,, ..... ..... ........ ......... .................. 11. In the event that two or more parties execute this instrument as Licensee, ali the covenants and agree- ments of Licensee in this license shall be the joint and several covenants and agreements of such parties. I`. , 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 sane extent and effect as the sauce are binding upon. and inure tot ,e b efit of the parties hereto, but no eat hereof by Licensee, its successors, le represents- tives or'asea , or any subsequent assigiaee, shall be bin ink upon Licensor without the�ritten,consent of Licensor in each, instance. 13. This license shall be effective as of December,'4, 1951. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. Tom---#� ; € i - F # 11 % :w f�- FE Fti - + �-*,y.._..._..(i so0 Approved as to Description: .......�,SS1Sta�lt ..`...,1 .. ........ gar .... .................. ........ ......... ........ ........... ......,. Chief Engineer. . -T_OF .......... ........ " Ids "................................................................ ................ A�° R $Y......._ w------------ (Licensee) 7. If at any time Licensee shall fail or refuse to comply Ninth or carry out any of the covenants herein contained Licensor may at its election forth^ ath revolve this license. 4.: Ti7TQ T T!' UXTU-0 1-... T.:....s......--- 1.----