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Home My WebLink AboutCC RESO 7970RESOLUTION NO. 797° RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR LICENSE TO USE SANTA FE RAILWAY LAND Be it resolved by the City Council of the City of National City, California as follows: That the City Council of the City of National City does hereby approve the making of an agreement with The Atchison, Topeka and Santa Fe Railway Company for the securing of a right of entry for construction of storm drain facilities near Tidelands Avenue. For this purpose, the Mayor be and hereby is authorized to execute for and on behalf of the City of National City Santa Fe Form I617-B entitled "License", a copy of which is attached hereto and by reference is made a part hereof. PASSED AND ADOPTED this 25th day of July, 1961. ATTEST: CITY CLERK FOrre 1617-6 SleAdird (Approved by General flealialloar! LICENSE innsuonsi, Made as of the 20th ___ day of :Irmo between._TRE ATC1ISON4 TGPELA AND SANTA FE RAILWAY COMPANY a Kansas corporation (hereinafter called "Licensor"), and City _NatriOnsta. City (hereinafter, whether one party or more, called "Licensee''?. WITILBSSIITS, That the parties hereto for the considerations hereinafter expressed onyxes/A and agree as follows: 1. Licensor hereby licenses Licensee to INC, Subject to the rights and easements hereinafter excepted and re- served and upon the terms and conditions hereinafter set forth, the land (hereinafter caned "Prmises") situated at nr near -Kali cowl GAY. • County of San DIOS° Sts.te of California , outlined in red coloring on the print hereto attached, NoP ; 2.2$ .ea datOd—....$117.17, 1961 . inezked • A" and made a part hereof, for a term beginning on June 24 , 19.6.1 and ending when tide license 'ball be terminated as hereinafter provided. 2. Licensor hereby excepts and reserves the right, to be exercised by Licensor and by any others who have Ob- tained or may obtain permission or authority from Licensor so to do, (a) to operate, maintain, renew and relocate any and ail existing pipe, power, and communication lines and appurtenances and other facilities of like character upon, over or under the surface of the Premises; and (b) from time to time to construct, operate, raaintain, renew wed relocate such additional facilities of the same character as will not unreasonably interfere with the use of the Promises by Licensee for the purpose specified in paragraph 6 hereof. 3. Licensee shall pay to Licensor thiirliesnee, as compensation for the use of the Premises ter-sueh-peried.-aeues-equa1-40-sirs-par-eent-(404r).-4-thratet, lieensts-vakte-ef-the Prerniseerhotreet le--TITIMMOV••••••• for the purposes of -this license. the fair -license value of the Premises at the effective date hereof is, agreed to be.-- ...9ao. aryl No/100 - - Dollars ($ Ite00 ) - - " Dollars ($ ) per annuin. Such fair llionse yalne elan be ensaasd-koratime to time -by the. amount of any governmental charge er easesement (wept general propeite tame) palpable en account of or in respect to the Premises for- the construction of public improvements. 4. Licensee covenants and warrants that Licensee either owns, or has obtained from the owner or owners thereof the right to use any improvements now on the Premises shown or described on said Exhibit A as "Licensee's Existing Improvements." .8uch improvements, if any, together with any other improvements hereafter placed upon the Premises by or for account of Licensee are hereinafter called "Improvements." S. Licensee shall pay before the same become delinquent all taxes, charges, rates, and assessments white may, iturieskthe term of this license, be levied upon, or assessed against, or be equitably chargeable to or assessed in respect of the Intprovements; and where any such tax, rate, charge, or asseeament may be embraeed in the general amount et taxes sharked upon the Premises separately or in connection with other property of Liosasor and Licenser shall pay all of said taxes, then Licensee shall promptly repay or refund to Licensor the amount or part of the tax, easizipi rite or asaessment equitably or fairly apportionable to the Improvements. S. Lieensee shall uee the Premises exclusively as a site for Right of eht47 ter caustrvittiC41 Ctr stern drifr,facjitities The--ehlest of Licensor being to facirate the convenient operation of the railroad, telegraph and telephone Ease et Licensor, and the transaction of business thereon. In case Licensee shall use .the Premises for any other earP98.whhte ever than above mentioned, then Licensor may declare this license at mond and prevent Limes. (ram mew or 1141,' mairg upon the Premises, with or without process of law. Licensee shall not have the exclusive possession of the Pasatima as whist Licensor. 7,Lieensee shall keep and maintain the Premises and Improvements in such safe, sanitnry sad eightly oatulltio ailherbe satisfactory to Lier, and, if required bylicensor, shall paint the Improvements with paints of s coke. '3 1 ; T" approved by Licensor; and if Licensee fails or refuses within fifteen so to do, Licensor may, at its option, and in (15) evenays after receipt shall any request thirty by Li) days after the rendition of bill therefor remburse Licensor for the cost incurred. 8. within (30) days 8. In using the Premises, and in constructing, maintaining, operating _ Licensee shall comply with any and all requirements imposed by federal or sl�staattugtetsbeImprovements , orders, or regulations of any governmental body having jurisdiction thereover. In the event the ments shall be used for the loading, unloading, storing, or otherwise handlingof anyPremisespoor Improve- ments comply with all regulations and recommendations from time to time promulgated petroleum products, Licensee of the Association of American Railroads, or any successor pp uigaing in the Bureau of Explosives or ether enclosures upon the Premises, where oil or other inflammable All artificial i�ht�g pump housed warehouses, except in unbroken original containers, shall be electricity, ch electrical rinstallationes are laand any other electrical 1nst+vllation 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 promptly pay and discharge any and all liens arising out of any construed Chin I alteration ohazarrepair works. Licensee shall Permitted to be done, by Licensee on the Pre e, uthor oworn done, a or take any other action upon or with respectmiser and is or rimy i Licensor is hereby authorized to poet eny.he attachmenta or take of any Watt liens to the Premisesprovided, however, that tfailure of Licensor be permitted takeby law to prevent the lnot Licensee of any obligation or liability snider thiss ,>r arty other paragraph her any such action shall relieve 9. Licensee shall at all times keep a space of six (6) feet from the nearest rail of of structures, material and obstructions of everyany railroad track entirely ntyr five (2.5) feet abort. the top of rail, but, �,k}` and shall observe an owe -head than three et feet and sit o) inches u�ghrr tear, ter,toles may aseet 1 latfor s hshe leathot e m re p the mils loading platforms p point which shall not be more (4) feet to the nearest side of the head of the nearest rail of such track; pprrovi�ideda, t } ow a statute or order of competent public authority different clearances shall benearer than ford statute or order. required, then Licensee shall strictly comply with such 10. Licensee agrees to indemnify and save harmless Licensor against ail lose may sustain, incur or become liable for, including lose of or + agu y torexpense which Licensor and fines or penalties imposed upon or assessed against Licensor, to in any ora injury to or) the ofs personsthe Premises or Improvements by Licensee, (b) any breach by Licensee of the terms,,cove out of co the use of the instrument contained, or (c) the sole or contributing acts or omissions of Li covenants employes,' conditions in this or invitees of Licensee in, on or about the Premises or Improvements, except ort if L agents any such contributingacts or a fro shall shall borne patrons parties hereto °10�•� the loss.or ea equally. damage expense arising therefrom be borne by the 11. Neither Licensee, nor the heirs, legal representatives, assignee, shall transfer or lease the Premises or the more or a part of nor assign anyrsubsequent this license or any interest herein, without the written Improvements, or say earl thereof, nor assignor transfer this 12. In case of the eviction of Licensee consent and approval in each instance of Licensor. Licensor shall not bet liable to Licensee for bby any one owning or claiming title to or any interest in the Premises, paid hereunder, except the proportionateY damage of any natureawhatsoever, or to refund any compensation part � 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 Licensor may, at its option, terminate this license byserving (5) t or 'rotifer inf this license by operation law, waiver byLicensor of any default or defaults shall t five a days' ofttce righttito t upon Ie ihis h but ao r constitute a waiver the to any aube�uent default or defaults.terminate title hsiense-for 14. Thin license may be terminated at an time o served upon t • e of • s rparty,Y by either y ' • ' n thi (30) days' notice in served the upone stating . • rein t e date t • suc. termins •n ! writing to be de- termine; but specified in such notice this license and all rights of Licensee hereunder e ce, ' • • upon r e e and upon any such termination Licensee shall be entitledeby shallLiabsolutely cease and of any compensation paid in advance.to have refunded Licensor a proportionate part 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 or if deposited in the Post Office, postpaid, addressed to Ia posted on the Premises, oensee at. National Citt� California 16. Upon the termination of this license in any manner herein provided, Licensee shall forthwith surrender to Licence the pt� of the Premises and shall remove the Improvements 1 the state in which they were prior to the construction of the Improvements, and restoredin the }� coti 1 thirty (80) days after the date of such to provements, and case Licensee shall substantially ? election 0 be ofexercised within of termination to make mush removal or restoration, then Licensor may, at its for account r Licensee,wit and in thirty (h) ayt e a bed, �� remove the Improvements and restore the Premises J thence Licensor for the cost so incurred, ormese shall testy (30) days after the rendition of bill therefor may take and hold the Impnovemente 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 to obligationtae date hereunder, oterminationndr,whor the ndindemnity e later, when se,Imulting from any acts, omissions or events happening prior 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. menu of Licensee 18. In the event that Licensee consists of two or more parties, all the covenants and agree herein contained shall be the joint and several covenants and agree paw. 19. All the covenants and agreements of LicensPi. 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. IN WITNESS WHEREON, This license has been duly executed. in duplicate by the parties hereto as of the day and year first above written.. T ATOT$14,-. $A -A P...4ANTA..n-44.114 Y- XI PAitglcensor). By Its Alsfstxw to C meta, Approved as as to description: ief Engiarer. CITY OF NATIONAL CITY "Attach print here.) .(om). Form 1617-B Standard (Approved by General Solicitor) Secretary's No License THE ATCHISON, TOPEKA AND 34NT4 a RAILWAY COWAN' TO .IdATIONIIL CITY .. For RIGHT OF Mina Nationa City Station Loa kigelag Division In effect Expires on Thirty Days' Notice Div. Soot's No Chief Engineer's No. Hal1646 1111 3013 `ANV4IWOO A t the foregoing license is hereby ea --alp Jo pana, 15\ *-• SCALE.0.IN. T. 100 F TIDELAND. ec‘ 0:‘ • Sk. - "e's.; „."'t,/ le 't r.';//y tefd/ /4,, t7 Al. 73. ft"'cf, /9):' Afs Av EN-Aut.- EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON. TOPEKA and ',ANTA FE RAILV.AY COh.“`ANNY 41,