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90-047 Southern Pacific Transportation Company; License Agreement; underground or overhead power and or communication facilities; Resolution 8245 • • ` • • UNDERGROUND OR OVERHEAD POWER AND/OR COMMUNICATION FACILITIES Re lir i.s: EN-41 .40-(i3) No. it 446 446 THIS AGREEMENT, made this/VI-day of 0 cr04 y',- 1990, � `r3y between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, Licensor, and City of Cupertino, a Public body, address: 10300 Torre Avenue, Cupertino, California 95014 . , Licensee; WITNESSETH: 1 . Licensor hereby permits Licensee ( subject to the provisions hereof ) t0 construct, maintain and 0perot2 2-Detector lead in cables 600 volts (which together with its supports and appurtenances shall hereinafter be term "facilities" ) , at or near Morita Vista, County of Santa Clara, State of California, in the location shown on the attached print of Drawing No. AA-470, dated September 11, 1990. 2. Upon execration hereof, Licensee shall pay to Licensor the sum of THREE HUNDRED THIRTY AND NO/100 Dollars ( $330.00) , partially to . defray cost of handling. 3 . The permission herein granted in subject to all licenses, leases, easements, encumbrances and claims of title affecting said property of Licensor. Absence of markers does not constitute warranty by Licensor of no subsurface installations. 4 . The facilities shall be installed and maintained by Licensee to the satisfaction of Licensor and in strict conformance to the attached plans and specifications noted thereon . Clearances with respect to existing and future tracks and other structures on Licensor' s premises shall be provided by Licensee to conform with all applicable orders of governmental bodies and, in the absence of such orders, with the National Electrical Safety Code. Licensee shall take all precautions necessary to prevent interference by its facilities with existing or future railway signals, gates or safety devices, or the telephone, telegraph or other circuits of Licensor, or of other persons on Licensor's premises with Licensor' s consent, whether such interference be by leakage, induction or otherwise . Licensee shall assume the expense of insulating any wire lines and of any other alternations to any facilities on Licensor ' s premises required by reason of Licensee' s facilities. Before performing any work in the vicinity of Licensor ' s tracks, or which would involve any excavation of - - .Licensor' s premises, Licensee shall give Licensor sufficient notice to permit Licensor to have its representative present. Prior to placing the facilities in service for any reason (testing or otherwise ) , Licensee shall contact Licensor' s local Signal Supervisor to permit Licensor' s qualified signal personnel to be present at such time to perform as Licensor so determines any test • • ' lb • 1 ' ( including the evaluation thereof) to Licensor ' s signal communication equipment ( equipment) located in the vicinity of Licensee ' s facilities. If. in Licehsor' s opinion, it is determined from such test that the operation of Licensee ' s facilities interferes with normal and required operation of Licensor' s equipment, Licensee shall be obligated to de-energize its Licensor ' s equipment. Licensee shall pay for all modifications to either its own facilities or to Licensor' s equipment that are required to eliminate or mitigate all, interference to Licensor ' s equipment. If said facilities or any portion thereof are underground, project markers in form and size satisfactory to Licensor identifying the facility and its owner will be installed and constantly maintained by and at the expense of Licensee at Licensor' s property lines or such locations as Licensor shall approve . Such markers shall be relocated upon request of Licensor without expense to Licensor . 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. system ( systems) 'in, upon, along, across and beneath the premises and right-of-ways of Licensor including the premises through which said facilities 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 u=_e of the premises by Licensee, its agents, employees or invitees including relocation costs or any damaged 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 l-S00-28344237 ( 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 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. Licensor reserves the right, at any time or times that Licensor deems it necessary, to require Licensee, at Licensee 's expense , to reconstruct, alter or change the location of Licensee' s facilities. Licensee shall keep Licensor ' s premises in a neat and safe condition, so far as affected by said facilities, keeping the track area and toe path clear of all obstructions including but not limited to any holes, depressions or excavations of any sort. Licensee agrees to reimburse Licensor for any expense incurred by Licensor by reason of the construction, presence, maintenance, use or _ . --removal of- said- facilities on Licensor '-s premises including•-exp-ense ' - • arising froth delays to engines, trains and/or Licensor ' s track_. (2 ) r r • • • ' ` 7. 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. It is the express. intention of the parties hereto, both Licensor and Licensee, 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 or 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. 8. This agreement may be terminated by either party hereto by giving thirty (30) day ' s notice in writing to that effect to the other, and Licensee shall thereupon remove said facilities: and any and all conductors, structures or other apparatus placed on Licensor' s premises by virtue of this agreement and restore Licensor' s premises to a condition satisfactory to Licensor , failing in which Licensor may perform such work at the expense of Licensee . 9 . The rights andprivileges herein given are personal to Licensee and as such Licensee shall not be permitted to assign the rights and privileges herein given, or any part thereof, without the previous written consent of Licensor. 10. Ea 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 . 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 water and air quality , and furnish satisfactory evidence of such compliance upon request of Licensor . 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 . _ - .__ .._person 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 Licensor' s premises; if Licensor elects to do so, Licensee shall pay (3 ) Licensor the cost of such cleanup promptly upon the receipt of a bill therefor . Licensee agrees to investigate, release , indemnify and defend Licensor from and =gainst all liability , cost and expense ( including without limitation and fines, penalties judgments_, litigation costs aridtt.•orney fees) incurred by Licensor as a result of Licensee ' s breach of this section, or as a result of any such discharge, leakage, epiilage 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. 12 . Licensee sshallp=;_y all persons who perform .ilabor e said premises for Licensee , End will not suffer any mechanics ' or. materialmen ' s liens to be enforced against Licensor ' s premises for .for work done or materials Furnished at Licensee ' s instance or request . i-F arefiled thereon , Licensee agrees to remove the same any SJ+.`1 liens .1at 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 requiredto 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 defendino any proceedings or in the payment of any of said liens or any judgment obtained ther'ef'or . 13. As a part consideration for the permission herein given Licenses shall pay to Licensor as rental the sum of EIGHT`? FIVE AND 0/ 100 Dollars ( $85. 00 ) per annum payable annually in advance . Acceptance by Licensor of rental in advance shall not be construed_ -_ waiver by Licensor of its right to terminate as set forth in Section e hereof. 14 . Said structure shall be installed in accordance with the minimum requirements of Drawing No. CS-1741 , attached and made a part hereof . IN WITNESS WHEREOF , the parties hereby have caused these presents to be executed in duplicate the day and year first. hereinabove written. Appro ,e4 as t/fo' u: LICENSOR , I l(/,�I Ey I✓V '�.J'. .C_c.J .LI1 City Attorney J. W. IVANUSICH, MANAGER Agreements & Contracts WITNESSED BY: LICENSEE Cit, Clerk r Mayor, City of C p tino (4 ) • RAILROAD USE ONLY •' O C0Lo.LINICATI0N LINE CROSSING mit ora.STATION OR WILL POST IN••obWir. GIVE TIE DISTANCE ALONG TRACE FROM RAILROAD S.P. LINES E POWER UNE CROSSING • O OYER UNDER �►_ RAILROAD STRUCTURE Is[C Ho,L OR W(iERLIK OF PVALIC 3TIeQT tnosll�.- ��� ISS, ' {� STATION CORP.COR ----._..._ I RAW ROUTE H0. .. E'v AP �72ITJ NEW INSTALLATION O AECOUSTR11CTON O OPEN 5T. CROSSING - - -_ -- o--`A ES. Z.2-..c5} GENERAL• �,' C • DIST•A• _ I IST.'B• ¢& ...- 1- INSTALLATION SHALL CONFORM TO ALL APPLICABLE ORDERS OF GOVERNMENTAL BODIES. AND IN ABSENCE •4 �q VAL. SEG _--....ENT !! _•• 9 t A/h/n � Bujo i� 1111e.)3 - . CA REIMIS HO- __...-_. • OF 5UU1 ORDERS WITH THE CURRENT EDITION OF THE NATIONAL ELECTRICAL SAFETY CO NO. OF TRAGIC CROSSED �-_T f.... 2- DISTANCE FROM SOME WELL ESTABLISHgt S UCTURE SUCH AS CULVERT. BRIDGE. ETC. o 4JAYi�GCD I03S0A/I} Jar • ° 3. ANGLE OF CROSSING WITH TRACKS 6 1 —To I� TO — SPPL INVOLVED. YES «.-.NO {. CONDUCTORS - L0ADIN6 DISTRICT •11Ax-A6g �}0ATE7 Av /R( cAusLLS'�-,,E 772441G� "I" JOINT FACILITY LINE YES _.HO — �WJNddd iNRG �itJiMMNiWJIR4IM IRMti4LfiA14WINRAIFW�1101dd11qIWdnR111tIR Iii RAILROAD IHSI'ECTIOH I 3. TYPE, NUMBER AHD SIZE OF CONDUCTORS OR CABLES_-_ - - RRRNIIM1WIOP NRIRWIMNNI I IMP IR'I IMAII•IRIIVIRIPI(IVRRryP111llR� .... i.... ...... ... .y REQUIRED �. YES 6. VOLTAGE ..._.- c vjrrr- •PHASE _._ FRED _—._........-. - ESTIMATED COST ..�..—_..._... 7. ALL POWER LINES EXCEEDING 30.000 VOLTS WHICH ARE WITHIN 1.500 FEET OF ANO PARALLEL TO THE TRACKS. n Za�z \ PHONE CALL FOR INSPECTION I ` SIGNAL AHD COMMUNICATIONS WIRE AHO CABLES. OR OTHER RAILROAD OWNED CONDUCTORS FOR MORE THAN N. n C'4 -1-,2*- 4B' .t I NEC 1 7�'EC�N I 300 FEET LUST COMPLY WITH THE REOUIREAEHTS OF SHEET Z OF THIS FORM, a D „ •I R/Y OVERHEAD STRUCTURES: J7.1`1, A. - . . I .pnovw -ASItRcuoH 10101. DATE • PLAN OF CROSSING s q REGION IDS ANGELES w twt 1�- t FORM C.E„ 07 • / Q44 O DRAWING No AA-_qz. .__ • DATES'/?' B.Y,.,•�.•!q.`, ,,,:, ' % e C CHECKED BY A SANVTI&-Ca&A-G9Jd</1}., C•QC. • VACO N4- at_ o I9 I . ® ePOLE 2 m POLE I r Y—• x•_ �° 4 • g . ® 7 O - If UNDERGROUND STRUCTURES: Ir Tet /' c ` c p l 38•t CTUTiaL N ice_:._a • y 10 }• • 23. TYPE OF RACEWAY _r TEC N��FILJUIT••_••__• OI AlA2" WALL THICKNESS ..P!l4LB LENGTH . IO 117- II (--_` './ HO "' • 24. METHOD OF IHSTALLATIOH,VNDER TR A. _.........0.0/2/4/6- „._.,-Y.. �Y -��•--- ---�— --T ----------li 25. DRY BORING - -rr_ ---- I OR JACKING ' _ tI SECTION A - A n 26. DEPTH OF CASING BELOW TOP OF RAIL IMIN.30.1. CC”' . . ,b�A IS 0 27. UNDERGROUND CROSSING INSTALLATION %UST BE IN RACEWAY E0UIVALEH7 TO SMOOTH STEEL PIPE PER SOUTHERN L` PACIFIC COMMON STANDARD CS 1741 FOR NON-FLAMMABLE SUBSTANCES CROSSING UNDER TRACK. APPLICANT 9/TY aF eyPE2T/NG • �( 2B. PROJECT MARKERS SHALL BE INSTALLED AND MAINTAINED BY APPLICANT. REC01LL'EMD A PLASTIC BURIED UTILITY ADDRESS /0300 TOR/2e Ave. SOUTHERN PACIFIC TRANSPORTATION CO. ` � TAPE INDICATING TYPE OF UTILITY BE INSTALLED NOT LESS THAN I2• A8OVE THE UHDERGROUNO INSTALLATION- re/PM T/,VO STATE�'4 ZIP 9-50 lel- ST. LOUIS SOUTHWESTERN RY. CO. 23. ELECTRICAL CONDUCTORS OPERATED AT A VOLTAGE IN EXCESS OF I3CI VOLTS TO GROUND SHALL BE IN RACEWAY CITY _ �' ACROSS ENTIRE RAILROAD R,OF W. FOR ELECTRICAL CONDUCTORS OPERATED AT A VOLTAGE IN EXCESS OF 730 PHONE I e/P 1 2 SZ o.Z�,6 DATA REQUIRED FOR PROPOSED VOLTS. THIS RACEWAY SHALL BE EQUIVALENT TO SMOOTH STEEL SCHEDULE 10 (MIH.). CONTACT PERSON f 1 _ COMMUNICATION OR POWER LINE ` SF 3D {LEE: `T/(,4FF/C S/GN/IL PL.4A/, cunt TS - AssoC//'mr) FACILITY 7" STEst &'0I/D0/Z CROSSIN0 OF RR RI WIT OF WAY 0 D,CJWittig 0C ._10,5 keg 01a0-90-O0/ PURPOSE ft2wE/t 1/A/E ,-----4SNCET-.2 0$ 3 .