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HomeMy WebLinkAboutPACIFIC ELECTRIC RAILWAY COMPANY - 1952-02-01 ,., PA-1 F (: ELECTRIC RAILWAY C PANS' GIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET R. Lewis „ia LOS ANGELES 14, CALIFORNIA +n1i' IN REPLY PLEAGE REPE^.iG '� VWE PRESIDENT ARE GENERALX4AGEP November 27, 1956 1354'9 _ 1 17 ,.3 .bh .11A Southern California hater Company 4 11911 South Vermont Los Angeles, California Gentlemen: With reference to the above numbered License-Lease covering the right to construct, mai-gain and operate a 12 inch water pipe in a 16 inch cas1rtg beneath Pacific Electric's right of way at Quincy Avenue approximately 150 feet west of Alabama Avenue, Huntington Beach, on the Stanton-Huntington Beach Line, County of Orange, California: Our records indicate that your Compa:y has �,arious miner crossing leases from this Compan-,y- which, up to now, have been formally renewed each lease anniversary date. In line with rieN,ly instituted Company policy it has been decided to discontinue practice of preparing documental, renewal of suoh minor leases, but instead, permit occupancies to continue in effect on a month to month basis under authority of the "holdover" clause, as provided for in origf.nal lease document. Usual rental bill for th:: term applicable will be issued and when paid by your Company will constitute notice to this Company of your desire to r%main in possession of the leased proporty throughout the eneuing term., subject too 11 of the terms and conditions of the oa.,iginal lease. i This new policy will result in a considerable saving of time and effort on both your and our part in tracing the lease renewal, etc. I trust this revised handling will meet with your entire approval, a, Yours very tna.ly, � 1 >. ..� _�.�...g.m.CIO Go 3� its i bn' 14� O S 12t Install ! j �D �a0 t1 _�__.• 127.S' 127 S' r2'a V'Ct C ro.• 2"z6"C l:ree ALABAMA Irl sa 1 to w N 'J � � to. �`-i5 —l.tj"Cor',ciucucr Pipe t 1 vAKP SP. (�ConnpaL+o extgt. 12"x 12"CI,Cross 4- f W i`°!, 1 1. t� IU Sf1G-'HERI CAL WATER COMPANY koCW 4i0-1906 SOUTH Gs4 XE ENE, L06 ANGEL=S 151 �Ad dFQRNdr°5 'f Y r 4-52 360 L•2685 Approved as to form by General Atto.ney December 31,1951 L _ease No, 5[�;[ UNDERGROUND PIPE OR DITCH CROSSING made this lei; day of February 1952 between PACIFIC ELECTRIC RAILWAY CO'1PANY, a corporation, hereinafter termed Licensor, and SOUI ILN COALIEMNIA WATER OCUPAIff 12O6 South Maple Avenue los Angeles 150 California hereinafter termed Licensee, WITNESSETH: 1. That said Licensor grants to the Licensee the privilege to construct, maintain and operate a inch wator pipe �n a lla inch casing hereinafter termed structure, for conveying water saici structure to be placed beneath the right of way and under the tracks of said Licenser,at q Quincy Avenuo Alabama. Avenue Jbmia� approxaluat©ly 150 feet west of / near Hunt3 ngton Beach station, Stanton-Huntington Beach Line, County of Orange and State of California,said structure to be installed under specifications as set forth in paragraphs Seven(7) and Eight (8) hereof. and located as shown in red on plat CEH 196,.. , hereto attached and ;,erebymade a pert h reof, fthe consideration of a ( ]QoCp) 770LR," FOR EACHIi +; �j) YFu'tR fi3 IGRO ,°r #61*0n thereof., in,advance. ; 2. The Licensee and the agents and employees of the Licensee,shall have the privilege of entry on said premises for the purpose of making necessary repairs to or changes in said structure,and the Licensee agrees to at all times keep said premises in a good and level condition to the satisfaction of the Licensor. 3. It is further agreed that at the expiration of said term or any extension thereof,or upon revocation if the privilege hereby granted or upon the cancellation of this agreement, as hereinafter provided, the Licensee shall, at Licensee's own cost and expense, immediately remove said structure and restore said premises.'s nearly as possible,to the same state and.condition they were in prior to the construction��f said structure. 4. Licensee agreeE to construct, reconstruct,maintain,operate,remove,alter and maize changes in the s location of said structure in such a manner that it or they will not interfere in any way whatsoever with the operations of said Licensor, its successors or assigns,and that the location of said structure and all work in connection with the construction, reconstruction, maintenance, operation, removal, alteration, and changes in the location of said structure, as hereinafter provided, shall be done and made under the supervision and to the satisfaction of the Lic,°nsor,its lessors,successors,or assigns. S. Should said structure be,in whole or in part, a slater pipe, ditch or:zeal, the Licensee promises and agrees to provide and maintain in good condition and repair,at the sole cost and expense of the Licensee, sufficient fences or gratings across such ditch or canal, where the same crosses the boundary lines of the right of way of the Licensor to pm vent the ingress through such ditch or canal, of animals upon said right of quay, And the Licensee promises and agrees to indemnify and save harmless the Licensor and its lessors, Successors, or assigns from and against any and all claims for loss or damage, which may made against them,or either of them,and all damages,losses,costs and expense.-which they, or either of them,shall sustain, pay, or incur by reason of the killing nr injuring of any animal upon said right of way,or by reason of the presence of any animal upon said right of way, when such animal shall have 3 entered thereon by means of such ditch or canal. r 6. Said Licensee hereby agrees to indemnify-nd save Licensor harmless from and against any and all claims, loss,damage,injury,death and liaoility hc�vsoever same may be caused,whether through negligence of Licensor or otherwise, resulting directly or indirectly from work covered by this agreement, except when arising from fire caused solely by Licensor's negligence. 7. Said Licensee hereby agrees to effectively and permanently insulate its pipes in such a manner as to prevert the flow of the electric current in same, and explosion from electric sparks. The installation of a three-fourths (%) inch diameter pipe may be insulated by wrapping said pipe with a cover of burlap satu- rated with hot asphalt and passed through a length of tixro (2) inch wrought iron pipe:which has been pre- viously coated by dipping in hot asphalt. This two (2) inch pipe shall extend nu c less than five (5) feet on each side of the rails. The pipe o{three-.fourths (%) inch diameter or less shall ut wrapped and saturated with asphalt for a distance of at least E.fty (50) feet on each side of the tracks, and shall be tested to make certain that there shall be no metallic connection between said three-fourths (%) inch pipe and the aforesaid two (2) inch pipe. In lieu of either of zhe above, the insulation may consist of SOMASTIC pipe coating not less than %"thick for pipes up to 8"in diamater and not less than f'thick for larger pipes. If S0- MASTIC coated pipe is placed inside of a steel casing it must be done in such a manner as not to damage the SOMASTIC coating. Wherever oil stand pipes are placed on the Licensoe's right of way for the purpose of loading or unloading oil,an approved insulating union must be placed in each stand pipe. Said insulation to be inspected and approved by the Electric Superintendent of the Licensor before said pipes are placed in use. The Licensee further agrees that it will indemnify and hold harmless the Licensor against any claim which may be mv-.de for injury to life and property, caused by or arising out of an explosion from electric sparks, or due to failure of the Licensee to properly insulate its pipes, and said Licensee hereby as8umes all risk of damage to said line or any pipe lines or property of Licensee, caused by electrolysis or the escape of electric current or the entry thereof into said pipes or property cf the Licensee, and agrees to hold and save harmless the Licensor, its successors and assigns from any and all claims, demands and liability whatsoever caused by electrolysis or the escape of electric current by reason of the presence of the pipe or pipes herein mentioned. 8. The top of said pipe shall be not less than eighteen (18) inches below base of tire,and no pipe shall be installed nearer than 2'-6"from any trolley pole. 9. In the event any wort: upon or in connection with said structure or its appurtenances to be done upon,beneath or adjacent to the tracks and property of Licensor should be let to a contractor by Licensee, such work shall not be begun until such Contractor shall have first entered h.,to an agreement with Licensor, satisfactory to Licensor and indemnifying Licensor from and against all claims,demands,costs,loss,damage and liability, growing out of the performance of the work to be done by such Contractor, and such Con- tractor shall MAIZE A CASH DEPOSIT OR FURNISH, at no expense 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 all the terms, covenants, conditions and stipulations contained in said agree- ment to be entered into with Licensor by said Contractor, as here in this paragraph provided;the form of said bond to be satisfactory to Licensor. When any work is d,ne by the Licensee in connection with the construction or maintenance of the structure herein referred t.i, Licensee shall pay any cost or expense incurred by Licensor for work it shall do in comiection therewith and such cost aucl expense shall include all engineering, inspection and other direct labor charges plus 15% of such engineering, inspection and other direct labor charges, an 1 shall also include the cost of all material used plus 10% 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 materials joined or affixed to said premises,and pay in full all persons that perform labor upon said premises, and wil! not perm._or suffer any mechanics' liens or materialmen's liens of any kind or nature to be enforced against said premises for any word, done or materials furnished thereon at Licensee's instance or request. 11. Licensee will on dema-nd repay to Licensor all notaries' and recorders' fees necessarily expen6,d by Licensor for the purposes prescribed by the laws of this State, in the protection of Licensoe's interest in and to said premises. f 12. In case Licensor shall bring;suit to compel performance of, or recover for breach of, any covenant, ' agreement or condition herein written, Licensee shall and will pay to Licc;,sor reasonable attorney fees in addition to the amount of judgment and costs. 13. It is further agreed that should the Licersor, its lessors, successors or assigns, at any time require the removal, reconstruction,alteration, or changes in the location of said structure,ni shall at any time or times construct an additional track or tracks, the Licensee shall, at Licensee's own cost and expense, imme- diately remove, reconstruct, alter, extend or iaake changes in the location of said structure in a manner n satisfactory to the Licensor upon receiving written notice from Licensor, its lessors, successors or assigns so to do. 3: 14. It is further agreed that this license is personal to Licensee,and in case said Licensee shall attempt F to assign or transfer tine 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 understood that this agreement may be cancelled by either party hereto giving thirty days' notice in writing to that effect to tha other. t' 16. Except as otherwise provided herein,the terms and conditions of this agrement 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 property of Licensor, a nor any part thereof,as dedicated to public use by mason of the use of such.property for any of the purposes herein provided for or incidental thereto. 7 . 18. Licensee shall pay, in addition to the rental specified in Article No. 1, the sum Ter, (S10.00) Dz1!ars for preliminary engineering, investigation and inspection. c s i In Witnof, Vbete0f, the parties hereto have causes] these presents to be executed by their 3 officers thereunto duly authorized the day and year first above written. PACIFIC ELECTRIC RAILWAY COMPANY f Ice- Preside. 3Qt�.ST T+flRTT1 A lrfA'�i x�t t'. Auditor's No. SIC E UNDERGOUND PIPE CROSSING PACIFIC ELECTRIC RAILWAY CO. TO Dated ,19 Line Engineer Station— Between and 's 1 1.62 PACIFIC ELECTRIC RAIr11AY CO 1PA Y s.3563 (Approved as to Form by General Counsel, October 5,1959) 13549 ASSIGNMENT FOR VALUE RECEIVED, the undersigned SOUTHERN CALIFORNIA WATER C011,11'i ANY hereby assigns,transfers and sets over unto CITY Of HUNZINGTOl'; BEACH, City Hall Huntington Beads, California all of the right, title and interest of the undersigned in and to that certain Lease-' PACIFIC ELECTRIC RAILWAY COMPANY dated February 1 s 195 , between (hereinafter Ti—XHE called "Railroad"), and SO �RI CA.LIFORNIA WATER COMPANY relating to pipeline crossing at Quincy Avenue i atHlfr,nt�ng'Lon Bee-•ChStation, Orange County,State of California , subject to all of the covenants, terms and conditions therein contained and upon the condition and tmder- standing that no rights or obligations which may have accrued prior to or at the date hereof are hereby waived. This assignment shall be effective as of the Uth day of Ja Mal y , 19 64 . DATEDc SOUTHERN CALIFORNIA if!"MLS L� F�`Y rtness Ti t.1a Assistant Secretary, 1 CITY OF HUNTINGTON LIEACH in consideration of the foregoing assignment and of the consent thereto by Railroad, hereby accepts the above assignment and agrees to make any rent or other payments which are to be made by assignor under the instrument assigned as therein provided, and to otherwise perform and abide by all of the terms, covenants and conditions therein contained. DATED / f— cr //1 7 CITY OF HUNTINGTON BEACH Witness (title) 1vfA�i�; CITY C�TfRic Railroad hereby consents to the foregoing assignn—cat to the assignee therein named, subject to the covenants, conditions and terms set forth in the instrument zssigned, and without prejudice to any r! the rights of Railroad thereunder and upon the express condition that the assignee shall be iiable for the pranpt payment of any rent or other payments therein provided to be made and for the performance of all other y obligations on assignee's part, and that no further assignment thereof nor any subletting thereunder shall hereafter be made without the consent of Railroad. DATED JUL 14 1964, ig PACIFIC ELECTRIC RAIL-WAY CC,`eANY By— r.: (Titlejtfice resident & Gen„ mianager i t i