P-316 +
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DEED NO. 316i
RESOLUTION NO. 191i
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RESOLUTION AUTHORIZING THE CITY OF SANTA!(ONICA
TO ENTER INTO THE ANNEXED AGREEMENT WITHTR8
PACIFIC ELECTRIC RAILWAY COMPANY FOR AN UllDEL
GROUND PIPE OR DITCH ~ROSSING.
l THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY RESOLVES:
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That the CHy of Santa Monioa enter into the annexed
Agreement withthePacifio Eleotric Railway Compa1).yfor an
r underground pipe Ol'ditoh orossing.
That the Commissioner of Public Safety. eX~officio
Mayor of the City of Santa Monioa. and theCoJllmissioner of Fin-
anoe. ex-officio City Clerk. be. and they hereby areauthori1.:ed
and direoted to exe.cutesaid Agreement on bebalf oftbe City of
Santa Monica.
That the Commhsi oner,otPublic Safety,ex-officio
Mayor. be.andhe is herebyauthorizedandinstru-ctedtooertify
to the adoption of this Resolution. and theCommiuionltr ot.Ffn-
anoa. ex_officio City Clerk. ex-officio Clerk of the ,City Council
of the City of Santa Monica" be" and he is hereby authorized and
instruoted to attest the same.
ADOPTED this 12th day of September.
following vote:
AYES: Plumer" Mi lliken. Gillet,te
NOES: None
ABSENT: None
(SEAL)
(SIGNED)
E. S. GILLETTE
Commiesi one):" of Public Safety" ex-
officio !layor of the City of Santa
Mon.ioa.
ATTEST: (SIGNED)
T. D. PLUMER
Commissioner of Finanoe" ex-officio
City Clerk" ex-officio Cll!rkofthe
City Counoilof the City of Santa
Monioa.
Approved as to tormthis 8"th day of
Septe~ber" 1938.
(SIGNED)
CORNELIUS w. :MOINERNb~!\..1
City Attorney. '.
J:>~r-.I#..i'/l.
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Approved a.to Form by Chief' Counsel .~
January 2. 1938 , " /1
DEED NO,. 31as
UNDERGllOUNDPIPEOR
i'HISAGREEMEN! ..ade this ht day of' August. 1938.betweenPACIFICELECi'RIC
RAILWAY COMPANY. a ,oorporation. hereinaf'ter terme<i Lioena~r.and CITY OF
SANTA MONICA. CITY HALL ---Santa Mon! ca"Calif'ornia. Attention -J(r. Vi. W.
Stephens. Sup'tWater Depart.ent. hereinafter termerl,.ioen8Ele.
WITNESSETH:
1. That...i4 Lioensorgrants to the Lioenseethe pri'l'Uege to
oonstruot" maintain and operate An Eight (8") Inoh Water, Pipe Line __
hereinafter termed struoture" for conveying Water- _ _..____ _ _ __
said struoturet<>, be placed beneath the right of way and under the tracks of'
$aid Licensor. at or near Engineerls station 870 * 70 * near 218t Plaoe.
Santa Monioa" 8'\:;a,\:;ion. Westgate _ -- - -Line" County of', LorsAngeles _ _<_
and State of California" said structure tobeinstalled underspeo:1fioations
set forth in paragraphs 8ev.n(7) and Eight (6) l1ereof.
and looated as shown in red on platCEH 15982 ...__"
by made a part hereof . for ,\:;h. considera:bionofFIVE._ _
payable - - - - - .. -in advance.
2. The Lioensee anct the agents and employenot the Lioensee al1alIhave
the privi Ie ge of entry on saidpreJll.isn for the purpose of malting neo....'1'7
repairs to orohanges in said struoture.and the Lioensee agrees'o.t'~~.11
times keep said premises in a good and level oondition to thesatisi'aotion
of the Licensor.
3. It is further agreed that at the e:x:pirati!>n of said term or any
extension thereoi' .01' upon revooationof the, priTilege hereby granted. or upo~
the cancellation of this agreement. asdhereinai'ter provided. the Lioe~8ee shal.l.,
at Linoenseels own cost andexpenae, immediately, remove said struoturea:tldre_
atore said premises" as nearly as possible. to the same state andoondition .
they .ere in prior to the constructionofaaidstruoture.
4. Lioensee agrees toconstruct.reoonstruct..aintain. <>perate.remove.
alter and make ohanges in the looation'oi' said structure in suohamanner
that it or they Will not interfere in any way whatsoever witl1theoperations of
said Licensor.. its sucoessors or ass.igns, and that the location of said structure
and all work inoonneotion with the oonstruction.reoonstruotion, maintenanoe.
operation. removal, alteration. and changes in the location oi' said struoture,
as hereinafter provided. sl1all be done and made under the supervisiOn and to
the satisi'aotionof the Lioensor" its lessors, successors. ora.signe., '
5. ShQuld 8aid structure be. in whole or in part. a Water pipe. ditch or
canal. the Licensee promises and agrees to provide and maintain in good
condition and repair. at the sole o,08t and expense oi' the Licensee., suffioient
fences or gratings aoross such di toh or, 0 anal..here the same, crosses the
boundary lines of the right of way of the Lio,ensor to prevent the ingress
through 8uch ditch, or oanal, ,of animah upon said right oi'way.And the Licen..,. '
promises and agrees to indemnify and save harmless the Lic,8nsor and its lessors,
successors. or assigns from a,nd against any and all olaiDlsforloss oraamage,
which may be made againatthem. or either of the., and aJ,l,damages, 1~8ses,
cost8 and expenses whioh they.. or either of them. shall sustain, pay, o1'::1nour
by reason of the killing or injuring of any animal. upon said right of way, 0,1'
by rea80n of the presenoe,of any anima1upon 8aid righ,\:; of way-, when suoh
animal shall have entered ~heron by means of sdoh ditoh or canal.
6. Said I.ioenaee hereby agrees to indemnify and
its successor8 or,&8signs,from any and all damages.
liability whatsoever.. gro'l{ing directly or indirectly out of
reconsi;:tuo\liGn. maintenanoe. ,operation. or removal ot said
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DEED liO., 314
11M. and<f'rom all damages andilabUtty of'...hat'O$Ter :ki>>.d or' nature>b,.
reasonot; an)' injury that may oOQur to saidpip8 line. o~to t1l8 Lhenee..
1tl$ agents. employees or property. or to the property of'the agents or
emploieesof the Licensee. by nllSOn of'any injury that may oocurto said
pipe line. caused directly or indireotly by the operation ottherailroad of'
Licen.or. or by fires. or any othercauaewhataoever. "'hether traoeableto
negligsnce of'theLicensor or its successors or assigns. agents or employees.
or otherwise.
7. Said'Licensee hereby agrees to effectively andp.rmanently insulate
its pipss in such a manner as to prevent the flow of the elect1"ic current in
same. and explosion tromelectrio sparks. The insulation of 1:he pipes from
1:he earth shall be effected by incasing the pipes in red...ood boxes filhd
...1th asphal1:.mtheentire' length of the pipes under the Licensor's right of
W'8.y. excepting pipes of not more thanthree-1'ourths, (3!4l inoh diameter. which
may be in,eulatedby ...rapping'said pipea,...ith a ooveriJlf of' burla!> saturated
wi th hotaephalt and passed 1:hrougha 18ng1:h of t...o (2 inch wrought iron pi!>.
which has been prev1ou81yooat~d by diP)ingin ho1:asphalt.This two (2}inoh
pipe shall extend not less than five (5 feet on each side of the rails. The
pipe of three-fourths (3!4) inoh diameter or leu.hall be wrapped and eaturated
...i th asphalt for a distanoeof at least fifty (50) teet on eaoh Bide of the,
tracks and shall be tested to make certain, that there shall be no metallio
connection between said three-fourths (~/4) inch pipe and the aforesaid two
(2) inch pipe. In lieu o1'either of the above. t:he :1.nsulationmay consist of'
somasth pipe coating not lessthan3!8" thick for pipes up to 8" in diameter
and not leu thani" thick for larger pipes. If'somastie coated pipe 4:s placed
inaideof a steel casing it must be done in such ,a manner .as not to damage the
somastie coating. Wherever oil stand pipes are plaoed on the Licensorts right
of way for the purpose of loading or unloading oil. an approved insulating
union must be plaoed in each stand pi.pe. Said ineulationto be inepecteddand
approved by the Eleotrical Superintendent of' the Licensorbef'or.said pipes are
placed in use. The Licensee further agrees that it will indemnifY-and hold
harmless the Licensor against any claim whioh may be made for, injury tolif'e'
and property.. caused by or arising out of an exploeionfrom electric epark..
or due to failure of the Licensee to properly insulate its pipes. and,said
Licensee hereby assumes all risk of damage' to said line or any pipe lines or
propertYdof Lioensee.eaueed by electrolysis or t!ie esoapeof' eleotrioourren.t,
or the entry thereof into said pipes ()rpropertyo1' the Licensee. and agrees
to hold and save, barmlusthe Licensor. its suocessors andaesig1'ls. from any-
and allchims. demands and liability whatsoever oaused by el,ectrolys1s or the
escape of electrio ourrent by reason o1'tlle presence of the pipe or pipe.here-
in mentioned.
8. The top or said pipe shall be not less than eighteen (18) inohesbelow:
base of tie. and no pipe shall be installed nearer than 2'.6" from any trolley
pole.
9. In the event any work upon or in connection with said structure or its
appurtenances to be done upon. beneath or adjacent to the tra.oks and property
of Licensor should be1ettoa contractor by Licensee. such"'ork shalln()t be
begun until 8uell Contractor ahall have first entered into ,anagreelllentwith
Lioensor. satisfactory to Lioensor and indemnifying Lioensortll'om a,nd against
all olaims.demands. cost... 10813. damage and liability. growfngoutof the per-
forman-oe of the work tO,be done by such Contractor. and suohContraotor shall
MAKE A CASH DEPOSIT OR FURNISH. at no expense to Lioensor. a good and 8u1'ti_
cient reliable Surety Company bond. such oash deposit or bond to be insueh
amount as may be speoified by Licensor for the faithful pe:r.-f'ormance of' all tlle
terms. covenants . oondi tions and stipulations contained in said agre,ement to
be entered into with Lioensor by said Con-tractor. as here in thisparagrapb
provided; tlle form of said bond to be satisfactory to Lioensor.
When any work is done by the Lioensee inoonneotionwith the oonsti-notion
or main-tenanoeof the structure herein referred to. Licensee.shallpay any cost
or expense inourred by Licen.or for work it shall do in connection there...ith
and such cost and expense shall include, all engineering. inspeotion and. other
direot labor charges plus 15% 01' such engineering. inspeotionand other direct
labor charges. and shall also inolude the cost of all material lUed plu8l0%
of' suoh cost.saidperoentages eoveringthe use of hand tools. 8uperv1 sion. .
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D'ED NO.-316i
general expenses and mater1alstare'e~pense.
10. L~eensee .ill tully pay far all materials joined o.r afflxed~o said
premises, and pay in full all persans ,that perform labQr upon sai.d pre~ises..
and will nat permit o.r suffer any meohanics' liens or materialmen's liensar
any kind o.r nature to. be, enferoed against' said premises far any wark dane
ar materials furnished thereen at Licensee's instanoe ar, request.
11. ticense. will an demand repay to. Licenser all nataries' and reoo.rders'
fees necessarily expended by Licenser for the purposes preseribedby the laws
af this State, in the pro.tectian af Licenser's int.~est in and to. said premises.
12. In oase Licensor shall bring suit to. oampelperfarmance 0.1', ar re-
oaver fer breach af.. any covenant, agreement ar eandi~ian herein written,
Lioensee shall and will pay to. Lioenser reasonable attorney fees in addition
to. the ameunt afjudgment and ocsts.
13. It is further agreed that should the Lioenser, its lessers_ successars
or assigns, at any time require theremaval. reconstruotian, a;l.teratian.. o.r
ohanges in thelaoatian af said struoture.or shall at any time ar times oan_
struct an additional traok or tracks.. the Lioensee <shall, at LiQensee' 8 own
cost and e~pense, immediately remave. reconstruct. alter, extend ar make ohanges
in the looation cf, said struoture in a mannersatisfaotory to the Lioenso.r ul'on
reoeiving written notice from Licensor.. its le8so,r8. suooesscrs ar assigns so
to do.
14. It is further agreed that this lil?ense is personal to. Lioensee#and
in case said Licensee shallattemptta,ass:l.gn ar transfer the same.. in .hale ar
in part. without the written consent af the Licensor., or shallforaperiadcf
sixty days continuausly fail to use said structure, this lioense ma.y. .by no.ti,oe.
from the Licensor to. the Licensee.. be revoked.
15. And it is further agreed and understood that this agreemen~ may be
oancelled by either party hereto. giving thirty days' notice in writing to. that
effeot to. the ctheT.
16. Exoept as other.iae pravided herein. the terms and oanditions
agreement shall inure to. the benefit af and be binding upon the heirs.
8trators, suocessarsand assigns af the .parties hereto.
17. I~ is expressly understaod and agreed that the Lioensee will at no
time claim the property of Lioensor. nor any part thereof, as dedio8.tedto
publio use by reason of the use of such. property for any of the purposes herein
provided for ar inoidental thereto.
18. Notwithstanding anything in this agreement to. the oontrarythe term of
this agreement shall nat in any event exceed :five years from the date hereof,
provided. hawever. that any holding over aft,er the expiratian of such term of
five years shall be subject to the pravisions. oanditions. and terms aud eaoh
thereef af this lio.nse.
19. Lioensee shal1 pay. inadditian to the rental speoified in Article
No.. I. the sum of Six (t6.00) Dollars for engineering#investige.ti.cn
inspection.
IN W:rTNESS WHiREOF. the parties herete;> have caused these l'resents 'bo be
executed by their officers thereunto. duly autharhed the day and y.arf~:r8t
above written.
PACIFIO ELECTRIC RAILWAY COMPANY
(SIGNED) By~. L.,SMITR
Approved as'bo form
this 8th day of Sept. 1938
(SIGNED) CITY OF SANTA MONICA:
CORNELIUS ~. MoINERY. JR~SEAL)
City AttQrney. ( SIGNED) , By E. S. GILLETTE
COJllmlasioner of Public Safety. ex-officio.
(SIGNED) BY T.D. PLUMER
JPF CaJll1l1issi oner ,of Finance. ex-cfficio City