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CONTRACT PERM - 696 License AgreementM Form 1658 Standard (Approved by General Solicitor) PIPE LINE LICENSE THIS LICENSE, Made thi 22nd 129US-t -------_-------------------- I -------------- 19 ... ...... ------------------ day of ---------- A between-.-.-) Till ATCHISQ�.t .... TOPEKA A1Q..SANTA_-n_R4-1L1 ... ......... ....... ............................. - ........................ .... a_____________________ KAnsAs --------------------------- corporation (hereinafter called "Licensor"), party of the first part, and .. .. ..... .. .. CITY OF EL SEGUNDO ............ ------------------------------- (hereinafter,. Werein a-f"t'e"r*,-*"w*'h*'e"t'-h"e'r"'*o-ne,-or,-more,'"c*a'l'le'd""Licens'ee"),'p'arty-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- tain-__ ......... ............. --------------- ........... ........ ................... .................. ...... .............................. ...... 3 )pipe lin e__Z___,...__twe1.v_e ---- (J?), ........... .. .. ....... _ .......... ................ __.__ ...... ....... ..................... ______________________________________inches 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__Lair_p_4rt_1 .... Las --- Ange-l-es -----------_------- C i .__Cal---- ____ -------------_________ ------------ the exact location of the PIPE LINE,being more particularly shown by red coloring upon the print hereto attached, No..L-_5!n17B43 -------------------- dated...._._ --....... ................. ....... ............ ............. X marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying -------- WaLt ex ------------------------------------------------------------------------- ............................. ...... ................ ............ _ .............. - ......... .................. - ........ 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 -Thirty -and --- No/1.00m --- !n_- - - - - - - - -- - - - - - - - - - Dollars ......... . ...................... ..................... ......... ...... 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 inaterial 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 or gas, or petroleum products, the PIPE- LINE shall be constructed, installed and thereafter maintained in conformity tions Shown on print hereto attached in such eases, marked Exhibit B and made a part hereof. If at any tune see'shAll,'in the judgment of Licensor, fail to perform properly'its obligations under ihiS, paragraph, Licensor may, at its option, itself perform such Nvork as it deems necessary for the safe operation of its kiiil- nsee agrees I to pay, within fifteen (15) days after bill shall have,been rendered therefor, the east so incurt°ed by sor, but failure on the part of Licensor to perforin'the obligation's of Licenseeshall not r M"O Licensee fro liability hereunder,for loss or damage occasioned, 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 and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall ate all times indem�ify 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 manner from the construction, maintenance, use, state of'repalir; or presence of the PIPE LINE, including any such loss, damage or ex onse arising out of, (a) loss of or damage' toproe,rty, (b) injury to or death, of persons, (c) mechanics' or other any cliarae- ter, or. (d),faxes, or se meats Fany, 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 demand 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 placin of the PIPE ��INE thereunder. In case Licernsee shall fail to restore Licensor"s'premises + as aforesaid itl�in ten 1) days after the effective date of termination Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee YrZ any liability or obligation hereunder, 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 here- under, except the proportionate part of any recurring rental charge which may have been paidhereunder in advance. 10. Any notice, request, instructions or,revocation of this license to be given by Licensor to Licensee hereunder shall be deemed to be properly served if the same be delivered, to Licensee, or if deposited in the Post Office, post- paid, addressed to Licensee at-- E l__ S 6 gund o . California _ 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agree- ments 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 representa- tives or assigns, or any subsequent assignee, shall be binding upon Licensor: without the Batten c'o" Ment of I.jIicensor in each instance. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. THE SA;TTAFTRILWAYC dAiY ww -m-----__ _ ---(Licensor) Approved as to Description: B............... Its_, ......... . w_....._ a ..... ... _..... ....._... ........... . .......ae.... Chief Engineer. CITY 4F EL SEE' 4 ------------------BY-0 .... _._. .., I . (Licensee)