HomeMy WebLinkAbout1990-03-27 - AGENDA REPORTS - SIERRA CYN INVESTMENTS SEWER (4)4
AGENDA REPORT
City Manager Approval
Item to be presente .
CONSENT CALENDAR John E. Medina
DATE: March 27, 1990
SUBJECT: SOUTHERN PACIFIC TRANSPORTATION COMPANY
LEASE FOR SEWER PURPOSES
SIERRA CANYON I STMENTS
DEPARTMENT: Public Works
BACKGROUND
Sierra Canyon Investments, Inc. has been conditioned to install mainline sewers
to serve their proposed development on the west side of Sierra Highway,
approximately 1000 feet north of Via Princessa. These sewer lines, as shown on
the attached sketch, must cross the Southern Pacific railroad tracks in order to
connect to the existing sewer line. The Southern Pacific Transportation Company
has agreed to allow the developer to construct these sewer lines at their
expense (see copy of Agreement, Audit No. 210632). In order to provide the
necessary maintenance of these proposed sewers, a lease must be executed between
the City and the Railroad.
There are currently approximately six other leases that the City has with the
Railroad which are similar to the one presented. The City's obligation is
simply to maintain the sewer line at no cost to the Railroad. The expense for
this maintenance is provided through the Consolidated Sewer Maintenance District
and is at no expense to the City.
RECOMMENDATION
The City Council approve the lease designated as Audit Number 210631 and
authorize the Mayor and the City Clerk to execute it.
ATTACHMENTS
1. Agreement for construction between Southern Pacific
and Sierra Canyon Investments, Inc. (Audit No. 210632)
2. Lease between the City and the Southern Pacific
(Audit No. 210631)
3. Map
Transportation Company
Transportation Company
1.1011,
Agenda Item: Iot.
40 k,• ck2lopREJ 78-82
FORM3400/RAF
Approved as to form
by General CounselINC':i FCTI'ON WITH �10631
SEES( AUDIT NO. 6 73,23 RELMIS :
L E A S E UNDERGROUND PIPELINE
(SEWER - WATER - STORM DRAIN - ETC.)
CS -3400
B -444.28-X (N)
AUDIT No. _�.O..�J __.
'THIS AGREEMENT, made this day of ,
1990) by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY,
a corporation (Licensor), and SIERRA CANYON INVESTMENTS, INC., a
corporation, address:' c/o Sheldon Pollack Corporation, 429 Santa
Monica Boulevard, Santa Monica, California 90401 (Licensee);
WITNESSETH:
1. Grant of Rights: Licensor hereby grants to Licensee the
right to construct, reconstruct, maintain and operate, subject to
the terms of this agreement, an 8 -inch VCP sewer pipeline (herein
called "structure"), at or near Humphreys, County of Los Angeles,
State of California, in the location shown on the attached print
of Drawing LADE -08, dated November 13, 1989.
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. Identifying Markers: Markers in form and size
satisfactory to Licensor shall be installed and constantly
maintained by Licensee at Licensor's 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. Costs: Upon execution hereof, Licensee shall pay Licensor
Seven Hundred Ninety Dollars ($790.00) partially to defray cost of
handling.
Licensee shall bear the entire cost of constructing,
reconstructing, maintaining and operating said structure on
Licensor's premises. Licensee shall reimburse Licensor for all
cost and expense to Licensor in furnishing 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 inspectors as Licensor deems necessary.
4. Construction and Maintenance: Said structure shall be
constructed, reconstructed and maintained in accordance with plans
approved by Licensor. Approval by Licensor shall not constitute a
warranty by Licensor that such plans conform with federal state
and/or local codes and regulations applicable thereto. Ail work
upon or in connection with said structure shall be done to
Licensor's satisfaction at such times and in such manner as not to
interfere with Licensor's operations. In the construction,
reconstruction and maintenance of said structure, Licensee shall
keep Licensor's 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 Licensor's premises, Licensee shall
reconstruct, relocate or alter said structure. Except in
emergencies, Licensee shall give Licensor five (5) days' written
notice of the day and hour it proposes to do any work on said
structure.
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 corrections thereafter, shall
be borne by Licensee.
No change shall be made by Licensee in the commodity being
conveyed through said structure without Licensor's prior written
approval. _
5. The rights herein granted are subject to the .rights of
Licensor (or anyone acting with the permission of Licensor) to
construct, reconstruct, maintain and `operate fiber optic and
other telecommunications systems (systems) in, upon, along, across
and beneath the premises and rights -of -ways of Licensor including
the premises through which said structure shall be constructed.
Licensee agrees to reimburse Licensor and/or the owner of
the system(s) for all expenses which either may incur which
expenses would not have been incurred except by reason of the use
of the premises by Licensee, its agents, employees or invitees
including relocation costs or any damages incurred by such owner
due to injury to the system(s).
In addition to other provisions of this agreement requiring
Licensee to give notice prior to commencing work, Licensee shall
telephone Licensor at 1-800-283-4237 (a 24-hour number) to
determine if a telecommunications system is buried anywhere on or
about the premises defined or included herein. If it is,
Licensee will telephone the owner of the system designated by
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® 0
Licensor, arrange for a cable locator and make arrangements for
relocation or other protection for the system prior to beginning
any work on the said premises.
6. Licensee agrees to and shall indemnify and hold harmless
Licensor, its officers, agents, and employees from and against any
and all claims, demands, losses, damages, causes of action, suits,
and liabilities of every kind (including reasonable attorneys'
fees, court costs, and other expenses related thereto) for injury
to or death of a person or for loss of or damage to any property,
arising out of or in connection with any work done, action taken or
permitted by Licensee; its subcontractors, agents or employees
under this agreement. Tt is the express intention of the parties
hereto, both Licensee and Licensor, that the indemnity provided for
in this paragraph indemnifies Licensor for its own negligence,
whether that negligence is active or passive, or is the sole or a
concurring cause of the injury, death or damage; provided that said
indemnity shall not protect Licensor from liability for death,
injury or damage arising.solely out of the criminal actions of
Licensor, its officers, agents and employees.
The term "Licensor" as used in this section shall include the
successors, assigns and affiliated companies of Licensor, and any
other railroad company operating upon Licensor's tracks.
7. Condemnation: In the event all or any portion of
Licensor's premises shall be condemned 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 awarded to Licensee
shall be assigned by Licensee to Licensor.
8. Termination: This agreement may be terminated by either
party hereto by giving thirty (30) days' written notice to that
effect to the other party and Licensee shall there upon remove said
structure and appurtenances and restore the premises of Licensor
to Licensor's satisfaction failing which Licensor may arrange to
do so at Licensee's expense.
If Licensee makes default in respect to any covenant or
condition on Licensee's part hereunder and fails to correct such
default within thirty (30) days' after receipt of notice from
Licensor so to do, Licensor may forthwith terminate this agreement
by notice to Licensee.
9. Environmental.Protection: Licensee 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 protection, waste disposal, and waste and air
quality, and furnish satisfactory evidence of such compliance upon
request of Licensor.
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Should any discharge, leakage, spillage, emission or pollution
of any type occur upon or arise from the premises covered hereunder
as a result of Licensee's use, presence, operations or exercise of
the rights granted hereunder, Licensee shall immediately notify
Licensor and shall, at Licensee's expense, be obligated to clean
all property affected thereby, whether owned or controlled by
Licensor or any third persons to the satisfaction of Licensor
.(insofar as the property owned or controlled by Licensor is
concerned) and any governmental body having jurisdiction in the
matter. Licensor may, at its option, clean I.icensor's premises;
if Licensor elects to do so, Licensee shall pay Licensor the cost
of such cleanup promptly upon the receipt of a bill therefor.
Licensee agrees to release, indemnify and defend Licensor from and
against all liability, cost and expense (including, without
limitation, any fines, penalties, judgments, litigation costs and
attorney fees) incurred by Licensor as a result of Licensee's
breach of this section, or as a result of any such discharge,
leakage, spillage, emission or pollution, regardless of whether
such liability, cost or expense arises during the time this
agreement is in effect or thereafter, unless such liability, cost
or expense is proximately caused solely and exclusively by the
active negligence of Licensor, its officers, agents or employees.
10. Contractors: No work on Licensor's premises shall be
commenced by any contractor for Licensee until such contractor has
entered into Licensor's standard Contractor's Right of Entry
agreement covering such work.
11. Non -assignability: This agreement is not assignable
in whole or in part, by Licensee without Licensor's prior written
consent.
12. Liens: Licensee shall pay in full all persons who
perform labor on said premises for Licensee, and will not suffer
any mechanics' or materialmen's liens to be enforced against
Licensor's premises for work done or materials furnished at
Licensee's instance or request. If any such liens are filed
thereon, Licensee agrees to remove the same at Licensee's own cost
and expense and to pay any judgment which may be entered thereon or
thereunder. Should the Licensee fail, neglect or refuse so to do,
Licensor shall have the right to pay any amount required to release
any such lien or liens, or to defend any action brought thereon,
and to pay.any judgment entered therein, and the Licensee shall be
liable to the Licensor for all costs, damages, and reasonable
attorney fees, and any amounts expended in defending any
proceedings or in the payment of any said liens or any judgment
obtained therefor.
13. Said structure shall be installed in accordance with
minimum requirements of Form CS 1741, also attached and made a part
hereof.
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14. Provision of Section 8 hereof notwithstanding, Licensee
may not terminate this agreement until such time as the City of
Santa Clarita has accepted said structure into its utility system
and has executed Licensor's standard form of easement indenture
to cover continued maintenance of said structure at said
location.
IRT WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
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LICENSOR
By
i t le ) MA�MGER Joint Facilitte.
LICENSEE
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