CONTRACT 1191 License AgreementForm 1617-B Standard
(Approved by General 6o)ieitor)
LICENSE
THISLICENSE, Made as of the ------------------------------------------- ---------day of ---- ---------------------- --------------------- ...... , 19._---------,
between__,_.. THE ATCHI:30N, TOPEKA AND SMA 1; ULWAY COMPi1M
$atl--ss--------------------------------------------------------------------------------------corporation (hereinafter called "Licensor"),
CITY OF EL SEOlJl�W. a municipal corpora ....... California..,... ......_., ......................................_.
(hereinafter, whether one party or more, called "Licensee").
.......,.....................,
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
or near--------- Ea --_ ......d"a ----, County of_ _..._ RS r2-01S
- - -•- -- -- - _ __ ...........................................................,,
State of _,._..... 7 �
Cali-. oz'iz:�.aw_ ..-.. - - .._^, outlined in red coloring on the print hereto attached, No .. "�.... ___._..........
dated.....,..... ...................... ._.......... ,_.. „_ ..... ... ............ .... ,,.. _, _, marked "Exhibit A"anl.
m
made a part hereof, for a term beginning on,.r.._. m O w.._ _. . _.» ..,....., 19._ ...,, and ending when
this license shall be terminated as hereinafter provided.
took or tr k
. Licenser here excepts an�reserves the right, to be exercised by, Licensor and by any others who have ob-
tained or may obtain permission or authority from licensor so to do, (a) to operate., maintain, renew and relocate any
and all existix pipe, power, and communication lines and appurtenances and other facilities of like character up li.
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 ----------------
r • r .. s -_One w - - - � �. � r .. � � +' �
-- --- ------------------------------------ - ---- - -- ----- - --Dollars (..�00_...,, )
pets.,. __..___.. ;payable in advance. Said compensation shall be subject to revision•-ate4 4(5) year
remove or relocate -n,or 'will obtaiaa
4. Licensee covenants and warrants that Licensee either owns" or has obtaineds'from the owner or owners thereof:
the right to se any improvements now on the Premises shewz orr gel be( µ+ al sairl" l x-bibit-A- ' L. ieer ee's-Existing
Tra rovernen�ts:"" Such improvements, if any, together with any other improvements hereafter placed upon the
„Premises by or for account of :licensee are hereinafter called "Improvements''"
M .,, Li(acnse(•shall Tway before -,thee salve become delinquent all taxes, charges, rates, and as srrasl� �v ach mays
during the tem of this l,icensc, be levied upon, or assessed against, or be egluitat)ly ebargeable to or assessed in respect
of the Improvements; and where an;- such tax, rate, ch f�) o)_.,assessment� may be embraced in the general amount
of taxes charged upon the Premises separately or in eohiaectidn''with other ,pro,perty of Licensor and Licensor shall;
mte�or"wise a) cent e u tably ens6 i l ll promptly repay or refund to Licensor tl e arr)ount, or part of the tax, cha) ge,,
a all of said tomes,, then Licene "'hall
y pportionable.to,-theµTanprovelnents.
6. Licensee shall use the Premises exclusively as a site for ------- ._ " " see________ _.___
.........- ................... I..............- ..., ._._...............__.... ...
the object of Licensor being to facilitate the convenient operation of the railroad, telegraph and telephone lines of
Licensor,and the transaction of business thereon. In case Licensee shill 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 or re-
maining upon the Premises, with or without process of law. Licensee shall not have the exclusive possession of the
Premises as against Licensor.
7: Licensee shall keep and maintain the Premises and Improvements in such safe, sanitary and sightly condition
as shall be satisfactory to Licensor, aryl,4f-rt uired- y,-L'ieensorroh&U paint the-Trnprovement+s--With-paints-of•wa eolor.
aplaraavedymrvlieeanser and if Licensee fails or refuses within, fifteen (15) days after receipt. of any request by Licensor
»ao to do, Licensor may, at its option, perform such work, and ill such event Licensee shall within thirty (30) days
after the rendition of bill therefor reimburse Licensor for the cost so incurred,
& In using the Premises, and in constructing, maintaining, operating, and using the 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 hanudling of any petroleum products, Licensee
shall comply with all regulations and recommendations from time to time promulgated by the .bureau of Explosives
of the Association of` American Railroads, or any successor agency. All artificial lighting ill pump houses, warehouses,
or other enclosures upon the Premises, where oil or other inflammable fluid supplies acre handled orstored ley Licensee,
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 National Elet.,trical (lode with respect to Class I hazardoaas locations, Licensee shall
promptly pay and discharge e any and ,all liens arising out of any construction, alteration or repair work done, or suffered
or permitted to be clone, by Licensee on the Premises, and l..icensor is hereby authorized to post any notices or tale
any rather action Upon or vvitla respect to the Premises that is or may be lrumitted, by lava` to prevent thuv 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.
0. Licensee shall at all times keep a space of=40rorn 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 (5) feet above the top of rail;
whiehshall-not-be-more
thavthree, ) feet and six (W) inches higher than the top of the rails, .and which at no point shall be nearer, than four
(4) feet-to-the-neareest»side of.the-head ,of,,.the nearest rail of suehAraek,;-pravided, however, if by statute or order of
Competent public authority different clearances shall be required, then Licensee shall strictly comply with such
statute or order.
1q. 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 darnag+ to property or injury to or death of persons
and fines or penalties imposed upon or assessed against .Licensor, arising m 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 contributing acts or omissions, then the loss, damage or expense arising therefrom shall be borne by the
parties hereto equally.
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, near assign or transfer this
license or any interest herein, without the written consent and approval in each instance of Licensor,.
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 cif a«ny mature wh Uoevrer,, or to refund any, compensation
paid hereunder, except the proportionate part of any compen ation 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) d;+iys' 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 such ternninaation shall take place, and upon the expiration
of the time specified in such notice this license and all rights of Licensee hereunder sbail 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......Clty..Ha13 i.__EI..Segundo-,....................... _.
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 zonstmetion of the Improvernents, and in case Licensee shallfail 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 bold 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 theevent 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 Avenue -within the portions of the premises
occupied by railroad trackage shall conform with ,plans and specifications approved
by the parties hereto.
21.. This license is subject to all valid and existing contracts, leases,
licenses, conditions, restrictions, easements and encumbrances which may in any
wise affect the Premises, or the title thereto.
22. This license is given on the understanding that Licensee will hereafter,
without unnecessary delay, negotiate with Licensor, and any other person, if any,
having any right, title or interest in the Premises, to agree upon terms and
conditions of an easement in form satisfactory to Licensor covering use of
Premises for said ourpose.
IN WITNESS WHEREOF, This license has beenduly executed in duplicate by the parties hereto as of the
day and year first above written.
-----(Licensor).
Approved as to description: By_,........._ .w ..... ........ ...... m ...,. . . ° �� ---------
Its, .a giant tyr t"Polls wr l M
.. .............
Chief Engineer.
_11l T..P iss 1,. ss'iltlm..............
ATTEST: Mayor
(Attach print here.)
or revelations of anv. Lrnvernmental h-��, EXHIBIT "A"
ATTACHED TQ CONTRACT BETWEEN
THE ATCHISON. TOPEKA and SANTA FE RAILWAY COMPANY
AND
CITY OF EL 5EGUN00
Los ANGELEs, CALIF. J. G. FRY
MAY 4 9 1965 CHIEF ENGINEER
SCALE: 1 IN. TO 100 FT,.
' o POLE LINE
5ECY,5 NO. 68566
2
GAS„""�-�,N�F., SCCyAjo ^�...
THE A. T
S. F. 1%
HARBOR DISTIZICT'MAIN TRACK-)
.. .n. RY. CO. eohiMµUNIcATIoN LINE
O 1L
EL SECUNDO OEPOT NEXT
15" SEWER LINE
12 WATER UNt.........
EA5ENI Nr
SECv('S M, R. NO. 0-5939
/oe/
AREA OVER WHICH R0GH7 OF ENTRY
IS PERMITTED 5HOWN OLS i L,INED RED.
AT EL 5EGUNDO
• • R O ,