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1973-0115_A T & S F RAILWAY CO._Agreement' CITY ORIGINAL THIS AGREEMENT, made this /J day of 192A by and between E ATCHISO , TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, hereinafter referred to as "Santa Fe", and the CITY OF SAN JUAN CAPISTRANO, a municipality in the State of California, hereinafter referred to as "City". WITNESSETH: WHEREAS, City proposes to construct La Zanja Street at grade across the right of way and track of Santa Fe, having a roadway width of 48 feet be- tween curbs, the center line thereof crossing said track at Mile Post 196.89 Fourth District Main Track. WHEREAS, Santa Fe is willing that City extend said street across its right of way and track at grade as a public street crossing, when authorized by the Public Utilities Commission, State of California. NOW THEREFORE IT IS AGREED: 1. Santa Fe will, at expense of City, (a) prepare its track to re- ceive planking including placing crossing planks for roadway width of 48 feet, and (b) raise or relocate its communication and signal lines and poles to pro- per side and overhead clearance of the proposed street. 2. Santa Fe will, at equal expense of Santa Fe and City, install two flashing light signals and automatic crossing gates. 3. City will, at its expense, (a) do all work except that specified to be done by Santa Fe in above Paragraphs 1 and 2, necessary to said street construction, including adequate drainage facilities, and, (b) relocate or pro - tett by encasement or otherwise property or facilities of licensees of Santa Fe if said licensees require same. I SD 4. Santa Fe will do the work specified in above Paragraphs 1 and 2, as soon as practicable, -considering completion of said street construc- tion, 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 1 presently estimated by Santa Fe to be SIX THOUSAND ONE HUNDRED FORTY TWO ($6,142.00) Dollars, and, (b) one-half of the actual to- tal cost of work specified in said Paragraph 2, which total cost is pre- sently estimated by Santa Fe to be NINETEEN THOUSAND THREE HUNDRED NINETY SEVEN ($199397.00) Dollars. 5. That upon completion of work to be done by Santa Fe, speci- fied in Paragraphs 1 and 2 hereof, Santa Fe will render City a bill for its costs and City will promptly reimburse Santa Fe for such costs. 6. After installation of railroad crossing protection signals and appurtenances under terms of this agreement, Santa Fe shall physically main- tain same so long as they remain in place. The maintenance cost of said sig- nals and appurtenances shall be divided in the same proportion as coat of con- structing such automatic grade crossing protection as provided in Section 2 hereof in accordance with the provisions of Section 1202.2 of the California Public Utilities Code. 7. Santa Fe will, at its sole expense, maintain the street paving between lines two feet outside of and parallel with the rails of the track. 8. City will maintain, at its sole expense, any improvement with said street extension, and public crossing other than specified to be main- tained by Santa Fe in Paragraph 7 hereof. K 9. City, or City's Contractor, will comply with Santa Fe's rules and regulations and the instructions of Santa Fe's representatives in rela- tion to proper manner of protecting Santa Fe's track and traffic moving thereon, as well as wires, signals and other facilities or property of Santa Fe, or its tenants or licensees, at or in vicinity of the work dur- ing -the period of construction of said street extension, and shall perform the work in a manner satisfactory to Santa Fe or its designated represen- tative, and at such times as shall not endanger or interfere with safe op- eration of Santa Fe's track and other facilities. IN WITNESS WHEREOF, the CITY OF SAN JUAN CAPISTRANO has caused these presents to be executed by its duly qualified officials pursuant to authority regularly granted them by its City Council and THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY has executed these presents both as of day and year first above written. ATTEST: City Ck THE ATCHISON, TOPEKA AND / A FE A COMPANY By. Ita CITYOFZ? F SAN UA � 0 B Its Mayor 3 . t�"k �1'1'itxll°IAY. Form 1617-B Standard (Approved by General solicitor) LICENSE THIS LICENSE, Made as of the .... _.._ ................................ —day of_-, .-----.___---...-------------- between ------.. i_ ---------- ----------------- - ------------ _._...... I 86. .................. Delaware ------_- . -- --_.corporation (hereinafter called "Licensor"), C OF -SAN _J11AN_CAPIST8AN0 __a municipal corporatist of and--------------•--------Di)i ----_- _- .- ._ - ........_.>. ._._.._-._.-..---....-•----._-.-..Ch_4t--rSUti..Q9__ - LU9JQ J 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 licensee 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..-._.Sfalun Cayletrano County of Cra++Ee._.-....-_r.__. , 1�dicated As.blue slt�ldiilg State of......___. neon t e print hereto attached, No._1Z-_3=_-., dated ................. ....... ;1011 97 , marked "Exhibit A" and made a part hereof, for a term beginning on._...-..._ Novmber 1 , 19- ... Z3._, and ending when this license shall be to . ted lie h ter provided. Ar C 04 r&aMJ4 2. Licensor y excep an reserves the right, to be exercised by Licensor and by any others who have ob- tained or may ob 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 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. S. Licensee shall pay to Licensor as compensation for the use of the Premises the sum ... One - - - =-=—'Dollars ($1,00----) -intervals. the right to use any improvements now on the Premises shown or described on said Exhibit A as "Lice mg Improvements." Such improvements, if any, together with any other improvements_herea p aced upon the Premises by or for account of Licensee are hereinafter called "Improvemeenn 5. Licensee shall pay before the same become delin es, cxYCC>;- harges, rates, and assessments which may, during the term of this license, be levied upon ees ee against, or be equitably chargeable to or assessed in respect of the Improvements; and wher ax, rate, charge, or assessment may be embraced in the general amount of taxes charged u mises separately or in connection with other property of Licensor and Licensor shall pay all es, then Licensee shall promptly repay or refund to Licensor the amount or part of the tax, charge, 6. Licensee shall use the Premises exclusively as a sitefor.._-... twpd ►L purQosea _-- .................... ..-----------------------------------------------------------ie'...-----------_,v-e-------------------...---------------------------------------g-r"a,----------------------------l'in" ----- f, the object of Licensor being to facilitate the convenient operation of the railroad, telegraph and telephone linea 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, mel, if required by li . . 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. 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 poet 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�a�an��y o11ther paragraph hereof. 9. Licensee shall at aU times keep a space oferjeeti)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 lees than twenty- five (25) feet above the top of rail; however, if by statute or competent public authority di�mdr clearances shall be required, thea Licensee shall strictly comply w statute or order. greater 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 amassed 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 (e) the sole or omtributing 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 arming therefrom shall be home 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 t e 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.--City_JI&1 i...32kW-Psafa.Adelanwt ...-----.--....... CaplaLraac,. Cali fnznia.._.426?i_........_...-----.................................................... 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 Avenue within the portions of the premises occupied by railroad trackage shall conform with pians 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. 2le This license is subject to all valid and existing contracts, leases, licenses, conditions, restrictions, easements and encumbrances which may in any visa affect the premises, or the title thereto. 22e 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 purpose. IN WITNESS WHEREOF, This license hag been duly executed in duplicate by the parties hereto as of the day and year first above written. Approved as to description: THE ATCHISM, TOPEKA AND SANTA FE RAILWAY ftm3eor 4f Contracts Asst. Gene Mgr. - Engineering CITY OF SAN JOAN CAPISTRANO Its _ Director of Public'Works (License). EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY AND CITY OF SAN JUAN CAPISTRANO LOS ANGELES, CALIF. J. G. FRY SEPTEMBER 24,7973 CHIEF ENGINEER SCALE: I IN. TO 100 FT. I d' i I N CURB � 1 TO FULLERTON N d TO NATIONAL CITY SAN JUAN CAPISTRANO NEXT w a, BR 197.4 SERRA NEXT THE A.T 8 S. F. HY. CO. 25' 't FOJHTH D19T. MAIN TRK. 14' TRt,. 4 -- LOS - - RIGS S T. -- - - - DESCRIPTION AREA OVER WHICH RIGHT OF ENTRY IS PERMITTED SHOWN SHADED. AT SAN JUAN CAPISTRANO ORANGE COUNTY, CALIF. FILE:231.3 (2-197.4) C.E.C.L. NO. 77-31533 ail Santa Fe —THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY OPERATING DEPARTMENT - 121 East Sixth Street, Los Angeles, California 90014 - 213/628-0111 January 29, 1973 231.3 (2-196.8) La Zanja Street, Capistrano Mr. Jack Y. Kubota City Engineer City of San Juan Capistrano P. 0. Box 1095 Carlsbad, California 92008 Dear Mr. Kubota: Attached is City Original of cost and maintenance agreement be- tween Santa Fe and the City of San Juan Capistrano covering the con- struction of La Zanja Street at Mile Post 196.8, as authorized by Decision No. 80093 of the Public Utilities Commission, State of Calif- ornia. The document has been completed on behalf of Santa Fe by Mr. W. D. Bentley, Supervisor of Contracts, and is hereby returned for filing in City's records. Encle. Yours very Manager - ing 1°J i 3 �