CONTRACT 1251 License AgreementCITY ORIGINAL
Form 1617-B Standard
(Approved by General solicitor)
LICENSE
THIS LICENSE, Made as of the. w__ 1 lth y December
19___ 6 7 ,
between__._ 1HNY -- - - --------------------------------------- -,
a_____Eaxtata__--_-_____________---____-__-_--___-___----_____.__-___---__.__.._______.__--._--__corporation (hereinafter called "Licensor"),
and ............. GIM.0 . .. 4; UUTD. :..1 ? 5 pa.,.Q.» s t .,Ds.. r,, P.Li f Qr,Di.o...............
whether
" one p,. e, ,p, art.y oo r - ,__more,.,-,-. - called _-»se_e e").. **...........
. _--.-.---,-------- »,. _._.--------.,,,_- _-_---*'.............
(hereinafter, "Licen
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as
follows:
1. Licensor hereby licenses Licensee to use, subject to the rights and easements hereinafter excepted and re-
served and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises") situated at
s �lri eles
ornear ...... -�---�Q9�Q---------- - --- --__..._-_.----------------, County of_.�!o__.�.--g-------_---------------------------------------------------------
State of ------ QAlj_fQ7_:Lq- ----------------- -_----, outlined in red coloring on the print hereto attached, No...77_=303_47_______-
dated---------- ---------- ----- ----------- ---------------------------- -------- ------- --------- _----------, marked "Exhibit A" and
made a part hereof, for a term beginning on ..... --- --_----------------------------------- 19---- and ending when
this license shall be terminated as hereinafter provided.
railroad, -track
2. Licensor,*ieby excepts an reserves the right, to be exercised by Licensor and by any others rho have ob-
tained or may o fain permission or authority from Licensor so to do, (a) to operate, maintain, renew and relocate any
and all existing , ipe, power, and communication lines ,and appurtenances and other facilities of like character Ripon,.
over or under the surface of the Premises; and (b) from time to time to construct, operate,, maintain, renew and.
relocate such additional facilities of the same character as will not unreasonably interfere with the use of the Premises
by Licensee for the purpose specified in paragraph 6 hereof.
3. Licensee shall pay to Licensor as compensation for the use of the Premises the sum of
_.. _....:...":._.,.. _.mp'ayal�le'.»,��'is''"'a wn:�m�w,a7c�'a°1N�I,�u�,'co ° �'G'�i"Q�'""T°1"a'A"l'�""�'�.�"*,�°� �.w'q�w�'�,E » "''dim'r"t'✓^Y'�'^�,✓e�ue,�P�)I�Y�s;a",ilk
the righ'to,,e any
Improvements.''"x� f
Premises by or for
overnents now on the Premises shown or described on said Exhibit A as "Licensee's Existing
improvements, if any, together with any other improvements hereafter placed upon the
tit,-o' Licensee are hereinafter called "Improvements."
5. Licensee shall pay befog 'the e become delinquent all taxes, charges, rates, and assessments which may,.
during the term of this license, be levied up"on';r assessed against, or be equitably chargeable to or assessed in respect
of the Improvements; and where any such tax, tet cll, rge, or assessment may be embraced in the ,general amount
of taxes charged upon the Premises separately or in con" ' ii with other property of Licensor and Licensor shall.
pay all of said taxes then Licensee shall promptly repay or TfiadloaAffilsor the amount or part of the tax, charge,
6. Licensee shall use the Premises exclusively as a site for __. " -_(LOY;, RRU2_ e------ ------------- --_---
the�Toblecla 4 Licensor -being to facilitate the convenient operation of the rtdlroad, telegraph and telephone lims of
Licensor, and the transaction of business thereon. In case Licensee shall use the Premises for any other purpose what-
ever than above mentioned, then Licensor may declare this license at an end and prevent Licensee from using oi- re-
mauling upon the Premises, with or without process of law. Licensee shall not have the exclusive possession of the '
Premises as against Licensor.
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7. Licensee shall keep and maintain the Premises and Improvements in such safe, sanitary and sightly condition
as shall be satisfactory to Licensor,„ifwrs+gaaird"µbylieusorw-shall,paintm,the-IrnlaruvmentaNwithpints of:(ir f
y�Li or; and if Licensee fails or refuses within fifteen (15) days after receipt of any request by Licensor,
so to do, Licensor may, at its option, perform such work, and in such event Licensee shall within thirty (30) days
after the rendition of bill therefor reimburse Licensor for the cost so incurred.
3. In using the Premises, and in constructing, maintaining, operating and using tlae Improvements thereon,
Licensee shall comply with any and all requirements .imposed by federal or state statutes, or by ordinances, orders,
or regulations of any governmental body having jurisdiction thereover. In the event the Premises or Improve-
ments shall be used for the loading, unloading,, storing„ or otherwise handling of any petroleum products, Licensee
shall comply with all regulations and recommendations from, time to three promulgated by the Bureau of Explosives
of the association of American Railroads, or any successor agency. All artificial lighting in pump houses, warehouses,
or other enclosures upon the Premises, where oil or other inflammable fluid supplies are handled or stored by Licensees
except in unbroken original containers, shall be electricity, and such electrical installation and any other electrical
installation upon the Premises shall at all times conform to and be maintained in accordance with the provisions of
the then current edition of the Stational Electrical Code with respect to Class 1 hazardous locations. Licensee shall
promptly pay and discharge any and all liens arising out of any construction, alteration or repair wort: done, or suffered
or permitted to be done, by Licensee on the Premises, and Licensor is hereby authorised to post any notices or take
any other action upon or with respect to the Premises that is or may be permitted bylaw to prevent the attachment
of any such: liens to the Premises; provided, however, that failure of Licensor to take any such action shall not relieve
Licensee of any obligation or liability under this or any other paragraph hereof.
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0. Licensee shall at all times keep a space of six feet from the nearest rail of any railroad track entirely clear
of structures, material ,and obstructions of every sort and shall observe an overhead clearance of not less than twenty-
five (25) feet above the top of rail;
AA.)
o competent public authority diRere�t clearances shall be required, then however' of by statute or order of
��n�at s�ti;. na en�A o nu,��ur'N� �N ��
n Licensee shall strictly comply with such
statute or order. greater
- -19. -Licensee agrees to indemnify and save -harmless Licensor against all loss, damage or expense which Licensor
may sustain, incur or become liable for, including loss of or damage to property or injury to or death of persons
and fines or penalties imposed upon or assessed against Licensor, arising in any manner out of (a) the use of the
Premises or Improvements by Licensee, (b) any breach by Licensee of the terms, covenants or conditions in this
instrument contained, or (c) the sole or contributing acts or omissions of Licensee or the employes, agents, patrons
or invitees of Licensee in, on or about the Premises or Improvements, except that if Licensor shall participate in
any such
tiss equally.
acts or omissions, then the loss, damage or expense arising therefrom shall be borne by the
11. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent
assignee, shall transfer or lease the Premises or the Improvements, or any part thereof, nor assign or transfer this
license or any interest herein, without the written consent and approval in each instance of Licensor.
1
12. In case of the eviction of Licensee by any one owning or claiming title to or any interest in the Premises,
Licensor shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any compensation
paid hereunder, except the proportionate part of any compensation paid in advance.
13. If any compensation hereunder shall be due and unpaid, or if default shall be made in any of the covenants
or agreements of Licensee herein contained, or in case of any assignment or transfer of this license by operation of law,
Licensor may, at its option, terminate this license by serving five (5) days' notice in writing upon Licensee,; but any
waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this license for
any subsequent default or defaults.
14. This license may be terminated at any time by either party upon thirty (30) days' notice in writing to be
served upon the other party, stating, therein the date that sue i termination shall take place, and upon the expiration
of the -time specified in such notice this license and all rights of Licensee hereunder shall absolutely cease and de-
termine; but upon any such termination Licensee shall be entitled to have refunded by Licensor a proportionate part
of any compensation paid in advance.
15. Any notice to be given by Licensor to Licensee hereunder shall be deemed to be properly served if the same
be delivered to Licensee, or if left with any of the agents, servants or employes of Licensee or if posted on the Premises,.
or if deposited in the Post Office, postpaid, addressed to Licensee at.__ G.i ty_... a1-1. 35Q._ `Hain__,Spree 1,___..__._.__ -----------------
..... ..................... ......... ..._............... .........__....._......
16. Upon the termination of this license in any manner herein provided, Licensee shall forthwith surrender to
Licensor the possession of the Premises and shall remove the Improvements and restore the Premises to substantially
the state in which they were prior to the construction of the Improvements, and in case Licensee shall fail within
thirty (30) days after the date of such termination to make such removal or restoration, then Licensor may, at its
election to be exercised within thirty (30) days thereafter, either remove the Improvements and restore the Premises
for the account of Licensee, and in such event Licensee shall within thirty (30) days after the rendition of bill therefor
reimburse Licensor for the cost so incurred, or may take and hold the Improvements as its sole property.
17. If Licensee fails to surrender to Licensor the Premises, upon any termination of this license, all the liabilities
and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered; and no termination
hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting
from any acts, omissions or events happening prior to the date of termination or the date, if later, when the Improve-
ments are removed and the Premises restored or Licensor elects to take and hold the Improvements as its sole property
as hereinabove in paragraph 16 provided.
18. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee
herein contained shall be the joint and several covenants and agreements of such parties.
19. All the covenants and agreements of Licensee herein contained shall be binding upon the heirs, legal repre-
sentatives, successors and assigns of Licensee, and shall inure to the benefit of the successors and assigns of Licensor.
20. The improvement of said roadway within the portions of the premises occupied
by railroad trackage shall conform -with plans and specifications approved -by the
parties hereto and shall be subject -to the terms and conditions of an agreement to
be entered into by the parties hereto substantially in the attached forms, marked
''Ldhibit B11 and made a part hereof.
21. 'This license is subject to all valid and existing contracts, leases,
licenses, conditions, -restrictions, easements and encumbrances which may in any
,rise affect the Premises, or the title thereto.
22. 'This license is given on the understanding that Licensee will hereafter,
Trli.thout unnecessary delay, negotiate wi th :Licensor, and any other person, if any,
having any right, title or interest in the premises, to agree upon terms and con—
ditions of an easement in form satisfactory to Licensor covering use of premises
for said purpose and that, if an agreement cannot be reached, Licensee shall promptly,
and in no event later than sixty(60) da:ys after requested by Licensor so to do, file
appropriate proceedings in a court of competent jurisdiction for the adjudication of
the rights of the parties.
IN WITNESS WHEREOF, This license has been duly executed in duplicate by the parties hereto as of the
day and year first above written.
TEE AT�C ,HT j 'i'Qk_�K�,_.�'.v..Sl�,�,'TkF�. l��, � ._CQ1f1I'1�1�Y--(Licensor).
------- _ -_
Approved as to description:
Chief Engineer.
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EXHIBIT ""
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA and SANTA
FE RAILWAY COMPANY
AND
Cl 7" Y OF EL ZGC-//V0 0
Los ANGELES, CALIF.
J. G. FRY
®c-fobe/- 2a, I9G7
CHIEF ENGINEER
SCALE: 1 IN. TO /00
FT.
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f1aho,- Ois % To Q� dondo c%f
Moira Tact /n4u oc N/x7l
Gas Co gas /ins
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L E GENO
A�ea (fu�o par ce/s) ov�i cuhich i ighf of �nfi y
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Los A,-79eles�cr, /i' C, E. C.L. No, 77-3034 7
EXHIBIT "B"
THIS AGREK111E dT made this day of
19_, by and beti•:een THE ATCHISOIi,
0
WITNESSETH:
TOPEKA AND SANTA FE RAILv!AY C011%PAPTY, a
Kansas Corporation, hereinafter referred�to
as "Santa Fell and CITY OF' EL SEGUiTDO, a
municipality, in the StatC of California,
hereinafter referred to as "City".
11MUHAS, City proposes a pro,ra_-of widening and improve,nent to
paved width of 116 feet that portion of El Segundo Boulevard on each side
of and including the crossing of Santa Fe's track, designated by California
Public Utilities Commission as Crossing LTo. 2H-1iG,1, and;
WHEREAS, Santa Fe and City are in accord as to said pro-ra.n, and
Santa. Fe is willing that City, or City's Contractor, do all work under said
program except preparation of Santa. Fe's tracks to receive paving, placing
of header planks, rearrange pole line and installation of four O autocratic
gates and mashing light signals;
NOW THE'RIE,FORE IT IS AOR__.' F,D:
1. City, or City's Contractor, will do all work under said pro�ra;i,,
including construction of six foot wide curbed :nedian at each side of track
and placing of pavement :within track areas of said crossing, except that work
hereinafter specified to be done by Santa Fe.
2. City, or City's Contractor, will comply with Santa Fe's rules
and regulations and instructions of Santa Fe's representatives in relation
to proper canner of protecting Santa Fe's track and traffic :moving thereon,
as well as wires, signals and other property of Santa Fe, or its tenants
or licensees, at or in vicinity of the work durin, the period of cons.ruc-
tion of said irrarove;e_,t, snd shall perform the work in a manner satisfactory
-1-
to Santa Fe or its designated representatives, and at such times as
I
shall not endanger or interfere with safe and timely operation of
Santa Fe's tracks and other facilities.
3. -Santa Fe will at its expense prepare its track to receive
paving, including placing of header planks to width of existing crossing
being average of 68 feet.
4., Santa Fe will at expense of City, relocate existing reused
flashing light signal equipment, rearrange pole line and place header
planks, in addition to those specified to be placed in above Paragraph 3,
to accommodate a total -paved width of 116 feet.
5. Santa Fe will, at equal expense of Santa Fe and City, install
four (4) automatic crossing gates and flashing light signals, two (2) of
which are to be located on median islands.
6. Work specified to be done in above Paragraphs 4 and 5 by
Santa Fe shall be done as soon as practicable, considering completion of
said program, availability of materials and manpower, and in consideration
thereof City will pay to Santa Fe, (a) the actual total cost of work
,specified in said Paragraph 4 presently estimated by Santa Fe to be THREE
THOUSAND THREE HUNDRED SIXTY C' 336o.00) DOLLARS, and, (b) one-half of the
actual total cost of work specified in said Paragraph 5, which total cost
is presently estimated by Santa Fe to be Tt%-MVE THOUSAND THREE HUNDRED
FIFTY TrIO ($12,352.00) DOLLARS. Santa Fets contribution toward the total
cost of the work shall be applied first toward the replacement and
relocation involved.
7 That upon completion of the work specified in above
Paragraphs 4 and 5, Santa Fe will render City a bill for its costs
-2-
a
and City will promptly reimburse Santa Fe for such costs.
8. Santa Fe will at its expense m aintain street paving between
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rails of the tracks and for two feet outside thereof.
9. After installation of railroad crossing protection signals
and appurtenances under ter, -,is of this agreement, Santa Fe shall physically
maintain S cli,c so long as t1ney reP-12i;i in place. The maintenance cost of
said signals and appurtenances shall be divided in the same proportion as
the cost of constrilcting such automatic grade crossing protection as
provided in Section 5 hereof, in accordance with Section 1202.2 of the
California Public Utilities Code.
10. City will at -its expense maintain any street improvement
within said crossing other than specified to be maintained by Santa Fe
in above Paragraph 8.
IN UIITNESS ::?IvREOF, THE CITY OF EL SEIMMI has caused these
presents to be executed by its duly qualified and authorized officials
pVrsuant to. -authority regularly granted them by its City Council and TiP
ATCHI30N, TOPEKA 1ND SP_1?TA FF,'RAIL:1AY COMPANY hes executed these presents
both as to year and day first above written.
THE ATCHISON, TOPEKA ATdD SA ^PTA F-E RkIL':TAY Mfl-PAidY
i
By
ATTEST:
Its
CITY OF EL SL3U1,TD0
By -
Its
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