HomeMy WebLinkAboutAgenda Report - June 15, 1988 (40)..ter :uIT.Y-0F L 0 D I
PUBLIC WORKS DEPARTMEIgf
TO :
FROM:
METEENG DATE
City Council
City Manager
June 15, 1988_
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COUNCIL COMI�IUNICATION
AGENDA TITLE: Authorize the City Manager and City Clerk to Execute the
Agreement with Central California Traction Company Which
Provides a License (Easement) for the City to Construct,
Maintain, and Operate a Storm Drain Along the Central
California Traction Company Tracks for Drainage from
Water Well 10R
RECOMMENDED ACTI01`T: That the City Council authorize the City Manager and
City Clerk to sign an agreement between the City of Lodi and the Central
California Traction Company to provide for construction of a storm drain 'link
for Water Well- 10R.
244�,.CENLTRAL--GAI 0RN'IA TRAG'TION COMPANY
CO _
1645 CHEROUEE ROAD
STOCUTON. CALIFORNIA 95205-2799
M. A. MELtSH R. E. STOKES
TRMNMAST(R SUPERVISOR, SICNALS
4001-66.6927 AND LOCOMOTIVES
120W -63-070 6
H_ 3 MENKING RECEIVED
FREIGHT OFFICE
wSSISTANT TRAIN MAS TER
ROApMASTER
12091 463.0790
306.2 6
70
12091.66.7725 (%� 3 19}n((}�{ 1 ; 20D1
JUN Y 88 1916136/•AZ30
*01 CITY OF LODI June 22, 1988
PUBLIC WORKS QEPARTML•NT File: 311.07 , Victor Road
XR: Agreement 8930
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RECORDING REQUESTED BY
AND WHEN RECORDEV MAIL_ TO
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Street
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SPACE ABOVETH15 LINE FOR RECORDER'S USE
)ren C-1
aril, 1985
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2_ Project markers in fora and size satisfactory to Railroad,
identifying the facility and its owner, will. be installed and
constantly maintained by and at the expense of Grantee at Railroad
property lines or such locations as Railroad shall approve. Such
markers shall be relocated or removed upon request of Railroad
without expense to Railroad.
Absence of markers does not constitute a warranty by Railroad cf
no subsurface installations,
3. This grant is made subject and subordinate to the prior and
continuing right and obligation of Railroad, its successors and
assigns, to use all the property described herein in the performance
of its duty as a common carrier, and there is reserved unto Railroad,
its successors and assigns, the right (consistent with the'rights
herein granted) to construct, reconstruct, maintain and use existing
and future railroad tracks, facilities and appurtenances and existing
and future transportation, comnunication and pipeline facilities and
appurtenances in, upon, over, under, across and along said property.
4. This grant is nrxie subject to all licenses, leases, ease.-..
ments! restrictions, conditions, covenants, encumbrances, liens
and claims of title which may affect said property and the word
"grant" as used herein shall not be construed as a covenant against '
the existence of any thereof,
5. The rights herein granted to Grantee shall lapse and become.`
void if the construction of said structure upon said property is;,not .
commenced within one (1) year from the dace first herein ;wait,
5. Grantee shall bear the entire cost and expense of construct
ing, reconstructing and maintaining said structure upon said
property. Grantee agrees that all work upon or in connection.'
said structure shall be done at such times and in such mannzx as=not::
to interfere in any way whatsoever with the operations of Railroad.,.,
The plans for and the construction or reconstruction of;said `'struc-
tore shall be subject to the approval of Railroad -
Grantee agrees to reimburse Railroad for the cost- and :' fi'' ',to'
.. ...
Railroad of furnishing any materials or performing any
connection with the construction, reconstruction, maintenance: and.,:_:
removal of said structure, includingr but not limited to,•:.the
installation and removal of such falsework and other protection
beneath or along Railroad's tracks, and the furnishing of such::...,-..,.:,:'.;:;::::`''
watchmen, flagmen and inspectors as Railroad dooms necessary.
7. In the event Railroad shall at any time so require, Grantee,
at Grantee's expenser shall reconstruct, alter, relocate said stzsc
ture or otherwise improve said structure upon receipt of._written
notice from Railroad so to do.
.... ....::.. . 2
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'orm C -I
April, 198.5
S. Grantee shall, at its expense, comply with all applicable
laws, regulations, rules and orders regardless of when they become or
became effective, including, without limitation, those relating to
health, safety, noise, environmental protectionr waste disposal, and
water and air quality, and furnish satisfactory evidence of such
compliance upon request of Railroad.
Should any discharge, leakage, spillage, emission or pollution of
any type occur upon or arise from the premises covered hereunder as a
result of Grantee's use, presence, operations or exercise of the
rights granted hereunder, Grantee shall, at its expense, be obligated
to clean all property affected thereby, whether owned or controlled by
Railroadr or any third person, to the satisfaction of Railroad
(insofar as the property owned or controlled by Railroad is concerned)
and any governmental body having jurisdiction in the matter. Railroad
may, at its option, clean Railroad's premises; if Railroad elects to
do so, Grantee shall pay Railroad the cost of such cleanup promptly
upon the receipt of a bill therefor.
Grantee agrees to investigate, release, indemnify and defend
Railroad from and against all liability, cost and expense (including,
without limitation, any fines, penalties, judgments, litigation costs
and attorney fees) incurred by Railroad as a result of Grantee's
breach of this section, or as a result of any such discharge, leak-
age, spillage, emission or pollution, regardless of whether such
liability, cost or expense arises during the time this indenture is
in effect or thereafter, unless such liability, cost or expense is
proximately caused solely and exclusively by the active negligence of
Railroad, its officers, agents or employees.'
9. As part consideration, Grantee agrees to pay Railroad an
amount equal to any and all assessments which may be levied by order
of any authorized lawful body against the property of Railroad (and
which may have been paid by Railroad) to defray any part of the cost
or expense incurred in connection with the construction of said
structure upon said property commenced within one (1) year from the
date first herein written.
10. Grantee, its agents and 'employees subject to provisions
hereofr shall have the privilege of entry on said property €or the
purpose of constructingr reconstructing, maintaining and making
a�e_cessary repairs to said structure. Grantee agrees to give Railroad
five (5) days' written notice prior to commencement of any work on
said structure, except emergency repairs, in which event Grantee
shall notify Railroad's authorized representative by phone. Grantee
_ agrees to keep said property and said structure in good and safe
conditions free from waste, so -far as affected by Grantee's oper-
ations, to the. satisf.ac_tion of Railroad. If Grantee. fails to..
=3=
Form C-1,
April, 1985
.y
keep said property and said structure in a good and safe condition,
free from waste, then Railroad may perform the necessary work at the
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand,
11 . In the event any work upon or in connection with said
structure or its appurtenances, to be done upon or adjacent to the
tracks and property of Railroad, should be let to a contractor by
Grantee, such work shall not be begun until such contractor shall
have first entered into an agreement with Railroad, satisfactory to
Railroad, and indemnifying Railroad from and against all claims,
liability, cost and expense growing out of the performance of the
work to be done by such contractor,
12. Insofar as it lawfully may, Grantee agrees to investigate,
release, defend and indemnify Railroad, its officers, employees,
agents, successors and assigns, from all claims, liability, cost and
expense howsoever same may be caused, including reasonable attorney
fees, for loss of or damage to property and for injuries to or death
of persons arising out of the construction, reconstruction, mainte-
nance, presence, use or removal of said structure, regardless of any
negligence or alleged negligence, active, passive or otherwise, on
the part of Railroad employees.
The word '-Ra`ilroad" as used in this section shall 'be' cons`trued
to include, in addition to Railroad, the successors, assigns and
affiliated companies of Railroad and any other railroad company that,
may be lawfully operating upon and over the tracks crossing or
adjacent to said structure, and the officers and employees thereof. -
13. Should'Grantee, its successors or assigns, at.any time
abandon the use of `said property, or any part thereof, or fail at.any`.
time to use the same for the purpose contemplated herein fora
continuous period.of one (1) year, the right hereby 'given shall cease
to the extent of the use so abandoned or discontinued,'and:Rail-oad
shall at once have the right, in addition to, but not in''qualifica=-
tion of the .rights hereinabove reserved,: to resume exclusive
possession of said property or the part thereof the use of which .is
so discontinued or abandoned.
Upon termination of the rights and privileges hereby granted;.
Grantee, at its oYn cost and expense, agrees to remove said structure-`
from said to' ert and restore said
p p y property as nearly as practicable
to the -same state and condition in which it existed.prior to the
construction of said structure. Should Grantee in ,such `event 'fax].,
neglect or refuseto'remove said structure and restore said'propertyr
such removal and' restoration may be'performed by Railroad, at :the
expense of Grantee, Which expense Grantee agrees to pay'to`Rai'lroad
upon Idemand, or Railroad may, at its option, assume ownership .'of said.
structure.
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Form C-1
April, 1985
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14. The parties intend that the promises and obligations of
this indenture shall constitute covenants running with the land so as
to bind and benefit- their respective successors and assigns.
IN WITNESS. WHEREOF,
,the parties hereto have caused these
_
•presents. to be executed
in duplicate' as of the day and -ear first
herein written:
CENTR L CALIFORNIA TRACTION COMPANY:
By..
..
(Ti t E e) ` cortrar-ts,and J0 Fadtdea
Attest:
tituttrrrrrrq�
CITY ODI'
ti-�<- �.� .� _ • � � _
Mayor - - _
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Approved`a- to form
.130 cNa
City Attorney
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