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HomeMy WebLinkAboutPACIFIC ELECTRIC RAILWAY COMPANY - 1934-02-16 9_47-5M a—a53!"5 r F �Approced as to form by General Attorney December 16, 1946) Lease No. 9093 Los Angeles, California; Januar7 8, 1949 RENEWAL OF LEASE It is mutually agreed that the lease enterad into on February 1.6, 1934, between Pacific Electric RAILWAY Company and CITY OF HUN INGTOfi REACH, Huntington .Beach, CaLiferni.a, covering the location of a sax (6") Ineh sewer ripe L.ns under Fwific Electric Railvey Company's Newport Beach Line right of -Aay, near First Street and Ocean Avenue, City of Huntington. Beach, County of Orange, State of Califor- nia, the location of said sever pipe lute being morE particularly shovers outlined RED on Blueprint M 14072 attach4d to and made pert of origirial lease INO. 9093, be and the same is hereby reneved and extended for th3 terw beginning February :L6s 1949 and ending February 15, 1954,w The rental therefor shall be as follows: TIC' ( 1040) DOLLUS for the full five-year tang hereof, or fraction thereof, payable in advance. Except as otherwise herein provided it is mutually under- stood and agreed that all the terms, covenants and conditions of said Lease shall be and remain in full force and effect. PACIFIOELECTRIC RAILWAY COMPANY ,, � U CITY OF HTIMI.NGTON ------------- 'RF .._........._. .�k YS.M. "_. `''--.�L..a.1�n1.+.mac.-+GC.�---•...., 4 , z—z ena S-5376 (Approved as to form by Chief Counsel. November 10, 1942. ) 9 0 9 3 Lease No. Los Angeles, California, aan1lary 17, 1944 (Date) RENEWAL OF LEASE It is mutually agreed that the lease entered into on Yebrt.ary 16 1934, between Pacific Electric 'RAIUTA'Y Company and CITY OF HTY TINGTON BE,0H., Hunt.inetmn Beach, California, covering The location: of a six (611) inch sevver pli')e line under Pacific Electric Railway Co)a.pranyls Vewport Beach Line xignw of gray, near Firat. Street and- Occan -venue, Citzr of 11`1,ztiligzoal Beach, Golmty of Cranc,10, -Itatu of Call ornia, tae location of said sewer pipe line being more particularly shorn outlined PXD on blueprint GM 3.4072 atta.cl ed to and Made part of ori.ainal lease .No. 01093, be and the same is hereby renewed and extended fc,r the term beg::nning February 16, 194k� and ending February- 15., 19+9. The rental therefor shall be as follows: Fly ( 5.00) DO1,T—L1q.a for the full 1+:OtA (5) "� 2 URI'i Ii;:�t�. Ole of fraction thereof,, payable in add rae, I E-.ccept as otherwise herein provided it is mutua_ly under-- stood and agreed that all the terms, covenants and conditions of said lease shall be and remain in full force and effect. PACIFIC LECTRIC RAILIV ly COMPANY 13M i.t'1.1�V u�1lA�e l .______•...___. ._.. r 017 OF -10TI'RIGTO1I BEACH t or y Clark K gijmlj gh r v; 9-37-43trl S-3376 4 t • ,r (Approved as to fora by Chief Counsel November 1, 1935. ) Lease No. 9 Q 9 ' n Los Angeles, California y a7muHa47 5, 1953d (Date) RENEWAL OF LEASE It is mutually agreed that the lease entered into on Febraary l6thb 1934t between Pacific Electric R4.M3.Y Company and 0ITY OP HOT INCTON BFA.CHg Huntington Beach, California, covering ' `2 The location of a Six (6") Inch Sewer Pipe line across EaC!L,ac Electric Ra.ilve'y Company'sa+ia�part Beach3n$ Y h�i of Evl near First ftreet and Ocean Avenue, City of Huntington Begmh, Goimty at Orange, the location of sal d newer pipe live being more part:.tatJ,axrly shown outlined TEA on blueprint OEr 14072 attached to and made part of c,^3Lgi l lease #9090 be and the same is hereby renewed and extended for the term beginning Pdbxuary 16th, l9Z5 , and ending FebxuaX7 l5th 1944; The rental therefor shall be as follows: FIVE ($0.00) DOLLARS for the Term hereof. i t, Except as otherwise herein provided it is mutually under— stood and agreed that all the terms, covenants and conditions of, said lease shall be and ren:ain in full force and effec +A �t. �3 PACIFIC E C 11L.U.147 ----COMPANY By- - - { lYG By. Y C I t Y e10T-k-. { -,a At- Approved as to Form by Chief Counsel Lease No. �A ' January 2,1931 =.J �,v UNDERGROUND PIPE OR DITCH CROSSING �is x$$'$ � made this 16th day of 7, s • � � Y �t�:Ei.'�' 3t �;��� between PACIFIC ELECTRIC RAILWAY COMPANY, a corporation, hereinafter termed Licensor, and CITY OF, Miit3TINGTON '' E hereinafter termed Licensee, WITNESSETI-I 1. That,said Licensor' ants to the Licensee the privilege to construct 'maintain and operate $ grants P g P hereinafter-termed structure,,for conveying wage said structure to be placed beneath'the right of way and under the tracks of said'Licensor,at or Blear Engineer's station near :Eit O'S all& obp ,.. station, Line, County of SSC8 and State of California, said structure to be of the following description 'and specifications: r R p aI-Moa ti©na as pet :Fq rth i-xi Paragraphs 1 ran 8 b re0 and located as shown in red on plat CEH 2, 4072 ,hereto attached.and hereby made >%A part hereof,for the cons deration of l �@ DO H R . payable �. «;. «. in advance: 2. The Licensee and the agents.and employees of the Licensee shall have the privilege of.entry on said premises for the piupose of snaking"necessary repairs to er changes'in eaid structure, and, the ,Licensee agrees to ar all times keep'said premises in a good and level condition to the satisfaction o£ the Licensor, 3i It is farther agreed that at the expiration of said term or any extension thereof;•or upon revocation:of the privilege hereby granted or upon the cancellation of this agreement, as hereinafter provided, the Licensee shag?, at Licensee's own cost and expense, immediately remove said structure, and restore said premises, as nearly as possible,to the same state and condition they were in prior to the co struction of said structure. 4. Licensee agrees to construct, reconstruct,maintain,operate,remove,alter and make changes in the location of said structure in such a manner that it or they,will not interfere-in any way=what soever with the operations of s."Ji Licensor,,its successors' or assigns, and that the'location.of said ,structuure"and all work,in connection with'the construction,-reconstruction, maintenance, operation; removal, alteration, and changes in the location of said structure, as hereinafter- -.)rovided, 'shall be done-and.made under the supervision'and to the satisfaction of the Licensor, its lessors, successors;` or'assgns. ,. 4. . Should said structure be, in whole or in part, a ,SC";lpd8 pipe, ditch or canal, the L1�ense premises and agrees to provide and maintain in<;good condition and.repair, at the sole•cost and expense of the Licensee; efficient fences or gratings across such ditch or canal, where thc same crosses the boundary lines of the right of way of the Licensor tr prevent the ingress through such ditch or canal, of animals upon•said right of way. And.the Licensee promises and agrees to Jadem- nify,and save harmless the Licensorand its lessors, successors,-or assigns from and against any;and all, claims for lost or damage, which-.may be made against them; or either of,twem,.,and all damages, losses,.costs and expenses which they,,or either.oll them,shall sustain,pay, or incur by reason,of the killing or injuring of any animal upon said right of way, or by reason,of thee.apresence of atly animal upon said.right of way,when such ani x,al shall have entered thereon by means of such stitch or•canal: o. Safd Licensee hereby agrees to indemnify and save'haran3 5d,the'Utdnsor, its successors or assigns; fora'ary and all damages, claims, demands and liability -,irhatsoever, growing directly or indirectly out of the construction or reconstruction,maintenance, operation; or,removal of said struc- tU.re or',pipe line, and from all damages and liability of whatsoever kind or nature by reason-of any injury that may occur to said pipe line, or to the Licensee, its agents, employees or property, or to N the property of the agents or employees of the Licensee, by reason of any injury that may occur to said pipe line; caused directly or indirectly by the operation of the railroad of the Licensor, or by fires, or any other cause whatsoever, whether traceable to negligence of the Licenwr or its successors or assigns, agents or employees, or otherwise. 7. Said Licensee hereby agrees to effectively and permanently insulate its pipes in such a man- ner as to prevent the flow of the electric current in same, and explosion from electric sparks. The insulation of the pipes from the earth shall be effected by incasing the pipes in redwood boxes filled with asphaltum the entire length of the pipes under the Licensor's right of way, excepting pipes of not more than three-fourths (%) inch diameter,which may be insulated by wrapping said pipes with a covering of burlap saturated with-hot asphalt and passed through a length of two (2) inch wrought irc pipe which has been previously coated by dipping in.hot asphalt. This two (2) inch pipe shall extend not less than five (5) feet on each side of the rails. The pipe of three-fourths (%) inch,di- ameter or less shall be wrapped and saturated with asphalt for a distance of at least fifty (50)feet on each side of the tracks and shall be tested to make certain that there shall be no metallic connection betweem said three-fourths (%) inch pipe and the aforesaid two (2) inch pipe. Wherever, oil stand pipes are placed on the Licensor's right of way for.the purpose of loading or unloading oil,-an ap- proved insulating union must be placed in each stand pipe. Said insulation, to be inspected and ap- proved by the Electrical Superintendent of the Licensor before said pipes are placed in use. The Licensee further agrees t at it will indemnify and hold harmless the Licensor against any claim which may be made for rr..ju o life or property,caused by or arising out .of `an explosion"from-;eldctrie sparks, or due to failure of the Licensee to properly insulate its pipes, and said Licensee hereby as-' sumes all risk`of damage to said line or any pipe lines or property of Licensee,'caused by elect• trolysis or the escape of electric current, or the entry thereof into said pipes or property of the Licensee, and agrees to hold and save harmless the Licensor, its successors and assigns, from any and all claims, demands and liability whatsover caused by electrolysis or the escape of electric current, by reason of the presence of the ?ipe or pipes herein mentioned. •8. The top of said pipe s'•.:;. be not less than eighteen (18) inches below,base of tie, -and no pipe shall be installed nearer tha. " 6" from any trolley pole. { 9. In the event any work upon or in ccnnection with said structure or its appurtenances to-be done upon, beneath or adjacent to the tracks arid. property of Licensor should be Iet to a.contractor by Licensee; such work shall not be begun until such Contractor shall pave first entered into an agree- ment-,%ith.Licensor, satisfactory to Licensor and indemnifying'Licensor. from and against all claims, demands, costs, loss,damage and liability, crr6wiri out of the performance of the work to be done by such Contractor, and such Contractor shall`MAKE A GASH DEPOSIT OR FURNISH, at ono ea- pense to Licensor, a good and sufficient reliable Surety Company bond, such cash deposit or bond to be in-such amount as may be specified by Licensor for the faithful performance of -" the terms, covenants, conditions and stipulations contained in said agreement to be entered into. Ji Lice nsor by said Contractor, as here in this paragraph provided; the form of said band,to be ;sfactory to Licensor. When any work is done by the Licensee in connection with the construction :maintenance ks of the structure herein referred to, Licensee shall pay any cost or expense irturred by Licensor for work it shall do in connection therewith and such cost and expense shall include all engineering, in- spection and other direct labor charges plus 15% of such engineering,inspection and other direct labor charges, and shall also inclu6c, the cost of all material used plus 10°fo of such cost, said percentages covering the use of hand tools, supervision, general expenses and material store expense. 10. Licensee will fully pay for all material; joined or affixed to said premises, and pay in Fell all persons that perform labor upon said premises, and will not permit or suffer &ny mechanics' liens or rnaterialmen's liens of any kind or nature to be enforced against said premises for any work done or materials furnished thereon at Licensee's instance or request. 11. Licensee will on demand repay to Licensor all notaries' and recorders' fees necessarily ex- pended by Licensor for the purposes prescribed by the laws of this State, in the protection of Licensor's interests in and to said premises. 12. In case Licensor shall bring suit to compel performance of,or to recover for breach of,any covenant, agreement or condition herein written, Licensee,shall and will pay to Licensor reasonable attorney fees in addition to the amount of judgment and costs. 13. It is further agreed that should the Licensor, its lessors, successors or assigns, at any time require the removal, reconstruction, alteration, or changes in the location of said structure, or shall, at any time of tirnes construct an additional track or tracks, the Licensee shall, at Licensee's own cost and expense,.immediately remove,..reconstruct, alter, extei-d or make changes in the location-of said structure in a manner satisfactory to the Licensor upon receiving'written notice from Licensor, its lessors, successors or assigns so to do. 14. It is further agreed that this license is personal to the Licensee, and in Ease said Licensee shall attempt to assign or transfer the same, in whole or in part, without the written consent of the Licensor, or,shall for a period of sixty days continuously fail to use said structure. this license may, by notice from the Licensor to the Licensee,be revoked: 15. .And it is further agreed and understoo i that this agreement may be cancelled by either party hereto giving thirty days' notice in writing to that effect to the other. 16. Except as otherwise provided herein, the terms and conditions of this agreement shall inure to the benefit of and be binding upon the heirs, administrators, successors and assigns of the parties hereto. 17. It is expressly understood and agreed that the Licensee will at no time claim the propertys£ of ;Licensor, nor any part thereof, as dedicated to public use by reason of the use of such property; s foi+ any of the purpcmes herein provided for or incidental thereto.' r ' a otiith:�tanding anythJmg, .i.x1 this agreement to the oontxary the tee of this agr6e9Tt;snD aball not in any event exoeaa FIVE Y'MBS from the da,W h0t�f, provV,ed, however,, that any holding over after the ex2ixgtion. of such te5.im �bl °Vim Y'eara' ra-b ll be aab j eot to the ptovi iolis, oorditions eh6 tt tf A 646h. thereof, of thin license. 4 i A�y'"f yfi�.54'+ t sh5 W y �`''Z .>•�x w��Y^P',' Y�!4; Fir -�H, Y�YF4 �1rY:�'}i}.4l YtG: F.^5'}•t'K���t.: f z�F kt pis : z "'. '�'r3"� "xa•�CY, {'!, 3�ri S :x tit '>aL P* c.,nwjr a; � ,3'i- He ;:p,�is r-S2'�ttr�.t�•q.. Cr�♦.,rtis}ag F Iauarxr + �JY:: 2rS �e\ rr3eFTMYy1ttt�*3f4 t{tY C�s..i vi, Yry4�� �' 1_hw�at�;1 5ADII, fi :`r , ',fk ,� w. 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'' < n� ►..r•. o , w� 6i'! �z a•try�"�;", 3`»5#�'���+�1 }Kf'!"��-�.n +'(�j£ wb' afyt'�pa ,.� .,q''g' s h• Y�''s r / j• �a..#i A"+F r lJ�r %+'ytr ��'� C� �AP� +�Y�.3C�� ry��� •. ��`.rPs�'�'i. .9+� s -�' ��. � � Zt S �'�i„r�'r�,' �r-�:c .a 'r az, ?a r.Y p ray pw �f EN* J° 3�Y`,}€f.a��,I £ y2 �A`«•111M �� - ���'J € `IW`"•svt ;. }��",ct�clt{$h�.�-. '"^�r-.,,�t9'1:. '•"� .� v� .i -• � � ! �`zF�k�y'��t 65 �:- the parties hereto have caused these presents to be executed by their officars thereunto duly wathorized the day and year first above written, J PACIFIC ELECTRIC RAILWAY COMPANYAl r By ... ... __ ......._._- ]?xealden-ta P ` o y Auditor's No...: ..._ ._: ......_ LICENSE UNDERGROUND PIPE CROSSIN(s PACIFIC ELECTRIC RAILWAY CO. TO r, Dated ... .r _._..__.........._.._.__.__._.._.._............_.............__..................Line Engineer Station................_._........._..... _._.._..__.. - i Between..FM s and-. y