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CONTRACT 1338 License AgreementPerm 1658 Standard 3 ? roved General Solicitor i�PP by ) PIPE LINE LICENSE t THIS LICENSE,de 2� ._ day of _ �� �� �_ _� __..._ . _, 191 , E A "t�ll� t� d " "'tbP r SA 14TA FE RAILWAY Nr a w Delaware ©� . �GUNDO corporation (hereinafter called "Licensor"), party of the first part, and CITY (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 maantan._- - - _.._- ........ _. - _ _.. ( ) pipe � , �� ( ) inc __.._ meter encased in a steel casing enty- i line— Twelve hereinafter, diameter one or more i 1 �..�.w...m,_a�_..,..�. 2h) -- - in ( pipe lines, called the "PIPE four�_.._r`__ LINE"), across or along the right of way of Licensor at or near the station of El Seg o Los — Angeles County, 0alifornia exact location of the PIPE LINE being more particularly shown by red coloringLT-3-33h6 April 28 1971- upon the print hereto attached, No. -- ,dated..._...�_.._�.._.�!__,.�.�- - - - - - - - - - - - - - - - - - - - - - - - ----- marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying—_ sewage. 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 Hundred Fifty and do/100 - - - - - - - - - - - - - - - - - - Dollars ($150.00) - - - - - - - - - - - - . Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief en- gineer, 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 un- der paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPS LINE shall be constructs , installed and there- after maintained in conformity with the plats and specifications shown on print hereto attached in such cases, marked Exhibit P and made a part hereof. If at any time Licensee shall, in the judgment of Li- censor, fail to perform properly its obligations under this paragraph, Licensor 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 perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup- port 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. 5.. 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 manner from the construction, maintenances use, state or repair, or presence of the PIPE LINE, including any such toss„ damage or expense arising out of (a) loss or or damage to property, (b) injury to or death of per- isons, (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 here- in contained Licensor may at its election forthwith revoke this license. h, 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 Licen- sor, 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 there- under. 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 icensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indem- nity or otherwise, .resulting from any acts, omissions or everts 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,. __ __. _...__.....,. Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly s � undo Cam _okra a served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor's_--_____—__ ............... ..._m___.at-.. _310 SUM Santa Fe Ave._n_ Los Awteles. California 90013 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, bene- fit 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 Licen- see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. 13. The pipe line shall be constructed, installed and thereafter maintained in conformity with the plans and specifications set forth in the American Railway Engineering Association Specifications for pipelines conveying flammable and non- flammable substances! dated 196h. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. THE T _ _�_ FE RAILWAY A (Licensor) ATCHISOV '1'Ol'EI�Ft �Nf' SANTA Approved as to Description: BY Engineer. Approved �-r, *o too s and descr* t° ns . .. A 1 1 r;O I: Clerk (Licenseej (SEAL) (Attach print here) 19 LOS ANGELES, CAUF. SCALE- 1 IN, 1`0 [)ESCRIPTION CORRECT c - kAJ - � I "A"'V's o rN MVISiON ENG�111`14EER 40 '10 Owl Ilk 0 "JAI 'x" zj 71 � IN" �yw 17"w! j" 1A 3 7 J%J N I Ot N 9 eeI +7 N No, 46 M. :Xwo, S" -lp X 4�1 Q, 36, 0 9, 4, 131 DESCRIPTION OF �PiPE Ill—INE UNDER TRACK U111FIF, IIE0 MA86 001 RAM APP11 ES "I'lEsbufta NIVIE NJ M 1111 T c lic ��y ii::: s 0140ER TRACII4 MIR I'TD rap- OF II 5f, vi ^1 e 0 r- P, 0 A PIPE LINE IS LOCATED AS SHOWN IN RED DIVISION ENGINEER'S DRAWING NO. L-T'- 3 - 3 34 6 'y