HomeMy WebLinkAboutReso 1967-4372RESOLUTION NO. 4372
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING LICENSE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, TO
PERMIT THE CITY OF CHULA VISTA TO CONSTRUCT A TEMPORARY
ROADWAY BETWEEN "F" STREET AND "G" STREET IN SAID CITY
The City Council of the City of Chula Vista does hereby
resolve as follows:
That that certain license agreement between the City of
Chula Vista, a municipal corporation, and the Atchison, Topeka and
Santa Fe Railway Company, to permit the City of Chula Vista to con-
struct a temporary roadway between "F" Street and "G" Street in said
City, dated the 13th day of
March
19 67 a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said license
agreement for and on behalf of said City.
Presented by
C~i
Lane F. Co e, Director f Public Works
Approved as to form by
C~~/~~
George D. Lindberg, ity Atto
-~-
AitiCiP~ED ~"~ND A?PRJ`JF;D by the CITY CCLTNCIi: of the ~.iTY CF CHfJi,A VISTa,
CALIFORNIA, this _ 11th day of ~ April ~~ "i967 , by the. r:>llo:aing vote,
to-wit
AYES,° Councilmen. Sparling, Sylvester, McAllister, McCorquodale
NAYES~ Cou:-~cilmen None
ABSENTo Councilme:~ Anderson
_. -- _
r..,.-
.. ~-"
-,. ~._ ~ i
~C`
Mayor of the ity of Chu' a V ist~a
.~i _ /~
ATTEST °~ f p~„~..cc (~°
City Cleric
STATE OF CALIFORNIS
COUNTY OF SAN DIEGO ~ ~s.
CITY OF CHULF, 'Si~?STA
I~ KENNE;TH P, C.g.'~1FBEL:~, CJ_ty Clerk of the City of Chula ~J%sta, California,
DO HEREBY CERTIFY that the above and foregoing is a fu.ll., true and. correct copy of
and that the same has nat been amended
or repealed.
DATED~_
City Clerk
'3t -4a~a
Form 1617-B Standard
(Approved b~ (~enersl Bolioitor)
LICENSE
THIS LICENSE, Made as of the-------------•-----1~t,1~-..------------__...._.day of.------------1Mk-x~~h------------•---------------,19--b'7------,
between.Tl~._.ATP~iI; r~l,T'~'EKA..E11~1t}_. ~T~_.~..BbL`.~AY__GOI~ABLY---------------------------------------•--------------------------------,
a----•----------------------Kane,sa---------------------------------------------------------•--------------------------corporation (hereinafter called "Licensor"),
and---------__~~T~--~)E?'__Gklti~A.- ~~~?~~---------------------------------
(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-------.__Chula__Ifista--------------------•---------------------------- County of--------~-~$m-------------------------------------------------------~
State of______CglifAZ'nis_______________________________ outlined in red coloring on the print hereto attached, No. CECL._'~~'.-~ll2?5
dated---------~Y--25 rl9fifi-------------------------_.-------------...-....------------------------------------------------.-_._, marked "Exhibit A" and
made a part hereof, for a term beginning on__________ __________._.____:~.~rrh._.1~.-_...___.______., 19..(i~_____, and ending when
this license shall be terminated as hereinafter provided.
2. Licensor hereby excepts and 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 existing pipe, power, and communication lines and appurtenances and other facilities of like character upon,
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
Cie--and-~~~-------------------~--_-- -~-=-_= --- -------~---------=------Dollars $1..~D-----
( )
per___annum_______________, payable in advance. Said compensation shall be subject to revision at five (5) year
intervals.
4. Licensee covenants and warrants that Licensee either owns, or has obtained from the owner or owners thereof
the right to xise any improvements now on the Premises shown or described on said Exhibit A as "Licensee's Existing
Improvements." Such improvements, if any, together with any other improvements hereafter placed upon the
Premises by or for account of Licensee are hereinafter called "Improvements."
5. Licensee shall pay before the same become delinquent all taxes, charges, rates, and assessments which may,.
during the term of this license, be levied upon, or assessed against, or be equitably chargeable to or assessed in respect.
of the Improvements; and where any such tax, rate, charge, or assessment may be embraced in the general amount
of taxes charged upon the Premises separately or in connection with other property of Licensor and Licensor shalt
pay all of said taxes, then Licensee shall promptly repay or refund to Licensor the amount or part of the tax, charge,
rate or assessment equitably or fairly apportionable to the Improvements.
6. Licensee shall use the Premises exclusively as a site for_..~pad~&~r_______________________________________.._. ________._._._____________.___
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 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 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, and, if required by Licensor, shall paint the Improvements with paints of a color
~-Ya7a
approved by Licensor; and if Lieemsee fails or refuses within fifteen (15) days otter 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.
8. 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 handling 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 in pump houses, warehouses,
or other enclosures upon the Premises, where oil or other inflammable fluid supplies are handled or stored by 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 Electrical Code with respect to Class I hazardous locations. Licensee shall
promptly pay and discharge any and all liens arising out of any construction, alteration or repair work done, or suffered
or permitted to be done, by Licensee on the Premises, and Licensor is hereby authorized to post any notices or take
any other action upon or with respect to the Premises that is or may be permitted by law 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.
9. Licensee shall at all times keep a space of six (6) 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; but, nevertheless, Licensee may erect loading platforms which shall not be more
than three (3) feet and six (6) inches higher than the top of the rails, and which at no point shall be nearer than four
(4) feet to the nearest side of the head of the nearest rail of such track; provided, 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.
10. 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 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, nor 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 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 such 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.__ ~h~_ .9i8t8aCaliPorni~.
16. Upon the termination of this license in any manner herein provided, Licensee shall forthwith surrender to
Licensor tlae po~esion 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 .withiiti 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. It is understood that Licensor does not claim title to all of the licensed arse,.
Tnis license is intended to convey only suc'~ r3gh~s as Licensor moor convey by virtue
of its title ana licensee shall secure such other rights as it deems necessary to
insure its use of tree entire licensed area.
IN WITNESS WHBBEOF, 'this license has been duly executed in duplicate by the parties hereto as of the
day and year first above written.
TIiL ATC1iI5(31ol~TQ~'I.K~_A~aD 5.f~iVT~--F„~--~;.t~IL~AY CCi~PAAtY (Licensor).
f -~
Approved as to description: By----------------------------------- - ~ •-- ~~-~ --•=- =----------------------------------...-------
:.
Its-------•-------------•--------------._---. `_..-.-_-_--__...----------------•
Chief Engineer.
"~ CTTY
BY -~~~
-.C~ Its Ma
- .- <r
// f^
3upt.File )lto.B-7~12c.~ By ~ ~ G~Cf Its City Clerk
-_. - t. --•~-'~~-•`-~--~- --------------------------------------------------------_.(Licensee).
'R~~1372
f;l¢ n^ 542 Cti~ta Vist.ZT~dol
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY
AND
G1TY OF CHULA VISTA
LOS ANGELES, CALIF. J. G. FRY
JANUARY 25~ I967 CHIEF ENGINEER
SGALE: 1 IN. TO 200 FT.
C¢nt¢r ~~4 Sec}ion 172
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IN WITNESS WSEREOF, This license has been duly executed in duplicate by the parties hereto as of the
day and year first above written.
THla, .~i'ChISUN~TO~'Z>Kt~._AItiU SANT.~ -F~_-I:~IL~~AY CC~I~PANY.-----(Licensor).
j ,:~
approved as to description: By..-..__......_-------------------///--~}/"~ ---=~==----------------------...------------
.
_, ,
Chief Engineer.
_.__ "~ VISTA
- ~----
~_~~E.~ti-------~~' ~ _~~--C.~-----Zts------Mayor.--------
- , ~,
~t.File No.B~7Ulz(i By, ~-~~,Q,%~ ~E~~ Ita City Clerk
-_.. __ t. .=---------------------.._-------------------------------------•---.(Licensee).
~~t[3~2
-file Me 542 Cti~la Visl. (T~doloodf)
EXHIB[T "A'"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON. TOPEKA and SANTA FE RAILWAY COMPANY
ANCA
CITY OF CHULA VISTA ~
LOS ANGELES, CALIF. .1. G. FRY I~
JANUARY 25, 1967 CHIEF ENGINEER
I
SCALE: 1 1N. TO 200 FT.
C¢h}er 1~4 Sec}ion 172 I I
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~ULA VISTA,
IEGO couNTY, CALIF. C.E.C.L. N0.77-30225
CANCELLATION AND SURRENDER.
The parties mutually agree that the foregoing licensee is hereby cancelled as of the_______-_________________________________ __
day of.___..__________-.____.___.-__.________w_, 19~~___, and the premises therein described surrendered to the Licensor.
Dated this-------------------------------------day of---------------------------------------, 19---------•
------------_--------------------------------------RAILWAY COMPANY ,
BY-------•-----------------------•---------------------------------------------------• _
Its.--------------------------------------------------------------------------------
(Licensor.)
(Licensee.)
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