HomeMy WebLinkAboutAgenda Report - December 8, 1982 (46)1.1 --.4 X - .*
CITY OF LODI COUNCIL 86WHICNTIT
PUBLIC WORKS DEPARTMENT 198? NOV 31 PN 4: 45
r,
VA I T EF 11 'b+A
riTY
TO:
FROM: j'isy aIanag
gar
DATE: November 30, 1982
SUBJECT: Central California Traction Co. Agreement for
Cluff Avenue Storm Drain
RECOMMENDED ACTION: That the City Council approve the agreement with Central
California Tract on Co. and authorize the City Manager and City Clerk to sign
In behalf of the City.
BACKGROUND INFORMATION: In the design of the EDA project, It become.necessary
to install a storm rain under the Central California Tracticm Company tracks
at Cluff and Lodi Avenue. The agreement calls for standard construction proce-
dures similar to other agreements we have had with the various rall'ro6ds. It
Is recommend that the City Council approve it.
that
J ck L. sko
ko
P p I
lic Works Director
GER/ns
APPROVED:
2
k
F I LE NO.
CITY eOUNCIL
HENRY A CLAVES, It.
FRED M. Maya. CITY O F L O D I ALICE M. REtMCNE
G. MURPHY, City Manager
MURPHY.
Mayor Pro Tempore CITY HALL. 221 WEST PINE STREET City Cleric
EVELYN M. OLSON POST OFFICE ROX 320 RONALD M. STEIN
JAMES W. PINKERTON, it. LODI. CALIFORNIA 95241 City Attwcihv
JOHN R. (Randy) SNIDER (209) 334.5634
December 15, 1982
K. J. Tinker
General Manager
Central California Traction Company
1645 Cherokee Road
Stockton, CA 95205 File 312-21 Agreement
Dear Mr. Tinker:
Pursuant to.your November 19, 1982 letter, we have enclosed herewith executed .
original and duplicate counterparts of the above referenced agreement pertaining`
to the installation of a storm drain beneath the CCL tracks at Cluff Avenue and
Lodi Avenue. As requested the signatures have been notarized.
We understand that you will insert the effective date and record the document.
Please return to this office at your earliest convenience a fully executed copy 4
of the Agreement includinq the recording information.
Very truly yours, -
Abd (hi t
Alice M. Reimche
City Clerk
_z
�:33 f
cc: Public Works
- - c
THIS AGREEMENT, made this day of .19
by and between CMnRAL CALIFCRNIA TRACTION COMPANY,
a corporation (Licensor). and CITY OF LODI , a municipal corporation of the State of
(Liensee)fa�ress' City Sall, 221 West Pine Street, Lodi, California 95241=
WITNESSETH:
1. Grant of Rights: Licensor hereby grants to Licensee the right to construct. reconstruct. maintain acid operate.
subject to the terms of this agreement.
a sixty (60) inch storm drain
(herein called "structure" L
at or near Lodi . County of San Joaquin
and State of California , in the location shown on the attached
print.
This grant is subject and subordinate to the prior and continuing right of Licensor. its successors and assigns. to
use all of its property in the conduct of its business. Licensor reserving full rights. consistent with the rights herein
granted. to construct. reconstruct, maintain and operate existing and additional transportation. communication.
pipeline and power facilities upon. over and beneath its premises.
2. Watifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly main-
tained by Licensee at Licensors property lines or such locations as Licensor shall designate and shall be relocated or
removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licensor
that there are no subsurface installations.
3. 00T.
Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on
Licensor's premises. and will not allow any mechanics' or materiaimen's liens to be enforced against Licensor's
premises by reason of any such work. Licensee shall reimburse Licensor for all cost and expense to Licensor in fur-
r
nishing any materials or performing any labor in connection with such work. including, but not limited to. installation
-
of falsework and other protection beneath or along Licensor's tracks. and furnishing such watchmen. flagmen and in-
spectors as Licensor deems necessary.
4. Construction and Maintenance: Said structure shall be constructed. reconstructed and maintained in ac-
Approval by Licensor
cordance with plans approved by Licensor. shall not constitute a warranty by Licensor that
such plans conform with federal, state and/or local codes and regulations applicable thereto. All work upon or in con-
nection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere
fi
with Licensors operations. In the construction, reconstruction and maintenance of said structure. Licensee shall ke,p
Licensors premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense. If required by
Licensor in its use of Licensors premises. Licensee shall reconstruct, relocate or alter said structure. Except in
t`
emergencies. Licensee shall give Licensor five (h) days' written notice of the day and hour it proposes to do any work
on said structure. Licensee shall be responsible to Licensor for all work on or in connection with said structure, unloms
performed by an independent contractor who shall have Licensor's written permission before entering upon. Licen-
sor's premises.
Licensee shall cooperate with Licensor in making any tests it requires of any installation or condition which in its
judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests. or any correc-
orrecttions
tionsthereafter, shall be borne by Licensee.
icen-
In the event of leakage or spillage from said structure, Licensee shall, at its own expense, promptly clean Licen-
sors premi��; tolthe satisfaction of Licensor, the Environmental Protection Agency and/or any public body having
sor's
jurisdiction in-the'maitar. Any expense of required compliance with federal. state or local environmental regulations
incurred by Liefn�r.I.icensee shall be borne by Licensee, including any fines and judgments levied agaIast Licen-
sorsor
or its; prufierty: �, °) , . '
a.
No chainge'shal, be rnhde by Licensee in the commodity being conveyed through said structure without Licensor's
11
prior writte�"prgvac
F
Insofar as it lawfully may, 1
5. Iadetinaifieatida: Licre agrees to release and inoemnify Licr from and i<gainst all liability, cosi and ex-
pense for loss of or damage to property, and for injury to or death of persons (including, but not limited to, the proper``
ty and employees of each of the parties hereto) when arising or resulting from:
(a) use of said premises by Licensee, its agents. employees or invitees; or
(b) the construction. reconstruction. maintenance. presence, use or removal of said structure; or
(c) breach of the contract by Licensee.
whether or not caused or contributed to by any act or omission. negligL-at or otherwise, of any employee o Licen..or.
If required by Licensor. Licensee shall provide evidence of insurance coverage in form and amounts satisfactory
to Licensor. insuring Licensees liability hereunder.
The term "Licensor". as used in this section. shall include the lessors. successors, assigns and affiliated companies
of Licensor. and aay railroad company lawfully operating upon Licensor's tracks.
8. Coedeaanatioa: In the event all or any portion of Licensor's premises shall be cond, coned or taken for public
use. Licensee shall receive compensation only for the taking and damaging of said structure. Any compensation or
damages for taking said premises or Licensee's interest therein, shall be assigned to Licensor.
T. Terw.hwfloan This agreement shall terminate:
(a) upon abandonment of said structure or discontinuance of the use thereof; or
(b) upon- failure of Licensee to correct any default hereunder promptly after receipt of notice from Licensor; or
(c) upon thirty (30) days written notice by Licensor to Licensee; or
(d) upon thirty (30) days written notice by Licensee to Licenser.
Upon termination of this agreement. Licensee shall remove said structure and restore the premises to Licensor s
satisfaction. failing which Licensor may arrange to do so at Licensee's expense.
& Nen-usiga"ity: This agreement is not assignable, in whole or in part. by Licensee without LicensM'• ^�--
, written consent.
9. Said structurm aI-''
-- nas i... wJ+ —
State off California
ain) ss thousand nine hundred and
County December in the year one
On this 15th_ day of-- a Notary Public,
JUDITH ELAINE JOHNSON
gbefore me ersonally appeared
State of California duly COO" Pe and sworn, P
Fred M. Reid and Alice M•
Reimche
Mayor and City Clerk
known to me to be the described in and that executed the within
of the public body
cuted the within instrument on
to be the person who exe
instrument, and also know that such public body
of the public body
therein named, and acknowledged to we
behalf
executed the same, ` _
WITNESS my hand and official seal tary u
n1n1 said s
H
—. LICEMIMI&I
r,.
6uda'� �e dam
Rbek:-Waomu
��.
V
tiotscY
�ctJ(MA:AM�county
i
Sen
MAY 20. 1983
Ttseo • as it Lawfally may.
1841maititati6n: Liielise, agrees to release and indemnify Licensol om and Tgainsfall lability. cost and ex.
• pense for loss of or damage to property. and for injv- to or death of per -:)ns (including. but not limited to, the proper
ty and employees of each of the parties hereto) when arising or resulting from:
(a) use of said premises by Licensee, its agents, employees or invitees; or
(b) the construction, reconstruction, maintenance, presence, use or removal of said structure; or
(c) breach of the contract by Licensee,
whether or not caused or contributed to by any act or omission, negligent or otherwise, of any employee of Licensor.
If required by Licensor. Licensee shall provide evidence of insurance coverage in form and amounts satisfactory
to Licensor, insuring Licensee's liability hereunder.
The term "Licensor". as used in this section, shall include the lessors, successors. assigns and affiliated companies
of Licensor. and any railroad company lawfully operating upon Licensors tracks.
& CoadS■ssatbs: In the event all or any portion of Licensors premises shall be condemned or taken for public
use. Licensee shall receive compensation c. -.1v for the taking and damaging of said structure. Any compensation or
damages for taking said premises or Licensees interest therein, shall be assigned to Licensor.
7. Tenninatiaa: This agreement shall. terminate:
(a) upon abandonment of said structure or discontinuance of the use thereof; or
(b) upon failure of Licensee to correct any default hereunder promptly after receipt of notice from Licensor; or
(e) upon thirty (90) days written notice by Licensor to Licensee; or
(d) upon ; hirty (80) days' written notice by Licensee to Licensor.
Upon ternalaation of this agreement. Licensee shall remove said structure and restore the premises to Licensor s
satisfaction4 failing which Licensor may arrange to do so at Licensees expense.
& Now -assignability: This agreement is not assignable, in whole or in part, by Licensee without Licensors prior
'written consent.
9. Said structure shall be installed in accordance with minim= require-
ments of Form C. S. 1741, also attached and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and
year first herein written.
•Z-
LICENSOR
B WNW.
,N �� •
Mis's W . CO2net Dept.
�rrt11 :�
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ROLES GOVERN/NG 7W Jk57, arION 6F A'PE U,,yy��'S TRANSAI/T 6
NATER OR OTHER NON-ALAJ/AM&Ir SUBSTAAC X ifNEN MAr(t
UNV # ERRrRdCrS
HAon+►&Vol,o/ he to lop of 004 colo+' or conarN snr.+auorsrssw mete/
nor be Aon 1»on J'-0' (See erceoton A Cowal AWr J /
P And o�pe hors cross ow Ave* ab owe reewre 0 cosrq pow" Me arr er
Aloe K a/ srfAawen► th t to suppWI The frock and An woWf4V tants. Far sea*
pope Avers, camp hpA+;v IAaa spaahed M to�Ar / for suA whop h A A Ae
used for rrsviliv pet, ' '0ndk?d IN space b fore@ Carrier p" and MNV is
AoCkb/bd w1h groat or send
If comer pee does nor how sof -'eir sfrow"A /o svgoarr frock, Costng or
as oWr owasewvil #oust he tnsraaed [ et�tAad cnsinp nueswed of fig& �s
/O frock shot/ firer: each slope of r~ Z a✓ htlCA fine foo prrJ bU b'hC70✓
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feet, rNerp MW whr•e cos ng K #walke phov o re ft ood dnbonsHnrr d s60
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daring 0whods n Inose M*Ahc9s are &sed the onta/ rnn atrph ovo 40 * -
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is proo1w; Q7rwN, uherl fAve is good rohes.nr sod Me
ytprA trate
of less fro# ore per deOANer, bar nor bks ,yen J-0, folk
soecov/ perm.ss.an of the Chief Engineer I/ tnsAr//ed 0 Arse MV
or saving, lAe span► ~4 casing or coater ppe abler be baWdled
r►/A proof a sa►d
4. Ne Aw A", 00# Oe /end Meow#* Or Asabr bri*vs a cr/wrls,
0A*it there rs hir"00 N r1s/riCt00f Al* Ore* fee0#00 f*r M*
pwposr for 10,0 Me bridges or eafrprs rete brier, w *oOwfw*f
Awa*Wm*s of aroalanf stmt/Tres
S. /f SM11 ae/ Meares *f* co*slrrel*d AN Of frhW*. My ProbehoA
shall 0* esnes,*at►ItAg/P ts/tAli/.
S. /Atert*d s:oAont for dreiAope of rrl wan dNMts feS./70SJ
eking kers/ ow rilA WtAW or scared /oists or arrrpeArd d0*
pee rdA of/seeArs *od /errs terse rrre/od a+d soMored Aerwg o
droorfer of 40 webs* or less e•d /At repwred steo*ffA to swpor/
frret, repo if is'10/Md Wilbert a tering.
CASM-
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Ae 6*0*re/ 00/0 t *bete.
#rStr ft (sterner derAJ fiat Poo ge/reavoe ewlipofae pop
o/ /sale eerrespo+N/0P /o rpo rewals N 7eb/* / Aird be
,wed As prefeel terr/*r pots Mae are NrNdj Ah #let*.
/N CUT
P Ahfw cosiny for supporting #w* own coa" /o loransses
shankS/ it TO w ow moo bines of otme�r* wr, rr&w er rAeHrM ..
soo pvA�o�rrd a idol/ Oe owes tie on►srweAve n�orare/
Old /hova0w Yvaft Asiab Aw abates. P pf"Ivp�hiv weNriM ~
he so r►s . a/ casikg. ANT, /A* core' sAON Aye e� /love Ale
*r khan aMarriss mgwva!
Ctwk WO a*fM►g /Or sv/aW Mg 000t Aiell Aw Me s &V0A Spee~
b of A1'SAI Sado/ Arsrwe C-16, Cass /V. AN jv';ws sb// Pe wow-
hpand a en .ga►ewd /ape a/ c�a+sA�sefioA�
4 /Ae fate* dta woe o/ essay shall Zoo /Mese ZI;ecfw Jwo/n am at
/A► sl Iii * "M*for OfCOrrrNPip♦.
Sites 0 c,rsry IywW /fIM 14 ,0 Ye" I art $Pee*/ Lead w6f aw#
be ea*c a rA� AN►r nMnit
of Cow AN// be so swotfsd of Af pftw fiararoeton of f aw-ow snob
RW f PAW n Goll A*a ~ Nonny Orarr/Aort tb ft" Asean
sAav/ s/apv
RopdrdIst of rhe sbo 0 of corner pope, comps Mw be pormf
0/ ole w*v pp crosses krsds► *Oftw dacA*s if coop a has
Am J -0 C" ander os Aw be sepwv/e frog, orf �
at wire & ar #00. SW Awe SOW * mw~ Of / -0 bated Aly
showabs OR aw* SO* of /At ofcft
A fl»*e '01"o /A #loon Co. p" /inns AOnrsp #,OAehr of Js -or
k$s, 4*00 erpsstng #vc*$ OIAAr /Aar how► #Meds to st*vs. Ave
N wow ro carae/o os shorn in Asch 0.
.9 whorl the *A'd* of 1/4twin' are Pohle grOW04 My she// be
seek/ a *0401, OwedegNA1 AN 40#wee N Ibrwgn Aw wwl
V*" P*v a*srMr ted/ romp of ft carter pipe
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we AUM A** weer *W4 ow Ab N Nff spell, powa dnwsopl
/s *I&W n kart► 0 owow *0 k0op 011 Oe Mau WO
sow 1*Av /A# NOW Ali sign/crus
CAgffa
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t. C#rfr tee, #00, satoe/b thee/ er "wrote eerrbr pPe
WAO& 080 A./bN 0 e#siy sA04 AOM /A# seats alp#e#sA
reMrhed *bat IVT tes&p.
J Cost ire# swtitr wpf wed .vSor/ a swate sbeff .iter e
O&ARm of/ /too Nee Nef sp#elf/ed lorCArss /So Cos/ A0e
17411
TABLE I
T#4V#ZSS GR PIPE CASINGS
FOR suaPORrfas TRACK
ns/de tbrrt
LY.'+MCAV` !facet
lacth
See+'
lJ,C&
u S
AW No.
AtrA
Imes
41#10
f4
It
77—
/4
L 2t 27
6
P/ ?4..
/?
7
alt
3
12
.T6
8
TABLE d
CONCRETE ENCASEMENT
• FOR PIPES
d
Inches
A
44OW
Ndwher o/
Lp#NiAWIPsI
0" Qdr s
10,12
4
4
r5
s
L 2t 27
6
d
30
7
alt
3
12
.T6
8
/2
A A7'OSM-1W A
-11 r 2 Gar.. ["
SOUTHERN PACIFIC LINES
COMMON SYANOARO
PIPE LINES
FOR NON-FLAMMABLE SUBSTANCES
CROSSING UNDER TRACK
No W -#AA A O"W AMR 20.053
IK"K0 j". S. wo
G. m. rnu NO..
EXHIBIT "A'
ATTACHED TO CONTRACT BETWEEN
CENTRAL CALIFORNIA TRACTION COMPANY
AND
CITE? 1_aom
LOS ANGELES, CALIF
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CARRIER. -mac
CARRIER
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CARRIER :&LPr,.
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CASING
NO..=4288
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