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HomeMy WebLinkAbout1968 Resolution No. 025I I I IU·::.;u1.u·r1 ON NU. .. , JI :.;1rnIE:.> 01" l9GU I\ RP.SOr.trrTON l\trrllOJH7. TNr. I\ PT PF. r. TNF. r. I C F.NSF. RF.'T'WF.F.N 'T'HE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY AND THE CITY OF ENGLEWOOD, COLORADO. Form 1658 Standard (Approved by General Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this 9th day of May, 1968, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Kansas corporation (hereinafter called "Licensor"), party of the first part, and CIT¥ OF EllGLEWOOD, Englewood, Arapahoe County, Colorado (hereinafter, whether one or more, called "licensee"), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Lecensor licenses Licensee to construct and maintain one (1) pipe line, thirty nine (39) feet of a cast iron water pipr line, sixteen (16) inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of Englewood, Arapahoe County, Colo- rado the exact location of the PIPELINE being more particularly shown by red coloring upon the print hereto attached, No. A-2145, dated April 30, 1968, marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPELINE solely for carrying water and shall not use it to carry any other cormnodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as conpensation for this license the sum of One and no/lOOths dollars ($1.00) 4. Licensee shall, at its own cost and subject to supervision and control of Licensor's chief engineer, locate, construct and maintain the PIPELINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licenson, or the safe operation of its railroad. In cases where the Licensee is permitted un- der paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum . products, or other f larmnable or highly volatile substances under pres- sure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flag- man to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Li- censor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss,. damage or expense arising out of a (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon .ten (10) days' notice in writing to be served upon the other party, stating therin the date that such termination shall take place, and that upon the termination of this license · in this or any other manner herin provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore .he right or way and tracks of Licensor to the sam~ condition in which they were prior to the placing of the PIPELINE thereunder. In case Licensee shall fail to restore Licensor's premises as af9resaid within ,~ . ten (10) days after the effective date of termination:··· Licensor may proceed with such work at the expense of Licensee. 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 the PIPE LINE is removed ~nd :the right of way and track of Licensor restored as above provided. · lo•j . . f.) 104 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee ~o Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 19. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at Office of Dir- ector of Utilities -3400 South Elati Street -Englewood, Colorado. Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor's Superintendent at 402 Santa Fe Avenue, Ia Junta, Colorado 81050. 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agree- ments of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal re- presentatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. THE ATCHISON, TOPEKA,·UD SANTE FBl .RAILWAY,-'·COMPANY (Licensor) Approved as to Description: By /s/ C.B. Kurtz Its Superintendent (Siqned_)_R. N. Youngblom For Chief Engineer. CITY OF ENGLEWOOD BY ~~~~~~~~~~~~~ ITS ~~~~~~~~~~~~~ (Licensee) BE IT KNOWN that on t his 20th day of May, 1968, at a regular meeting of the City Council o f the City of Englewood, Colorado, Resolu- tion No. 2 5 , S e ries of 1968, was adopted and approved. $-z .Ld~L~ ATTEST: I I I