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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: March 21, 1995
SUBJECT: Approve Drainage Agreement with The Atchison, Topeka and Santa Fe Railway Company
for Bridgehead Road Pump Station Modification Project.
Project No. 0662-6U4058-94
Specific Request(s) or Recommendation(s) & Background & Justification
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director to execute the Drainage Agreement with
The Atchison, Topeka and Santa Fe Railway Company (AT&SF Railway) for drainage
improvements in conjunction with the Bridgehead Road Pump Station Modification Project.
II. FINANCIAL IMPACT:
The consideration of payment is One and No/100 dollars ($1.00) as compensation for the rights
to regrade the drainage area owned by AT&SF Railway.
111. REASONS FOR RECOMMENDATION/BACKGROUND:
The Bridgehead Road Pump Station Modification Project will redirect pumped drainage flow to
Line "D" of Drainage Area 29G. To improve the drainage in the area, some minor work is required
on AT&SF Railway property, as part.of the improvement.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If the Drainage Agreement is not signed, the existing drainage flow will continue thereby reducing
the efficiency of the pump station system.
Continued on Attachment: SIGNATURE: r
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 21, 1995 APPROVED AS RECOMMENDED OTHER_
VOT OF SUPERVISORS
V7
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
CB:jlg:kd I hereby certify that this Is a true and correct copy of
g:\Design\BO\BO21.t3 an action taken and entered on the minutes of the
Orig.Div: Public Works(Design Division) Board of Supervisors on the date shown.
Contact: Christopher Bailey,313-2339 ATTESTED. March 21, 1995
cc: County Administrator
Attn:E.Kuevor PHIL BATCHELOR,Clerk of the Board
Auditor-Controller of Supervisors and County Administrator
Accounting
PW Accounting
M.Hollingsworth,Design By Ad Deputy
D.Regan,Design
J.Yee,Design
Pre-Approved Form
by General Counsel 11032471
AGREEMENT made as of this 9th day of
November, 1994, between THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY
COMPANY,a Delaware corporation(hereinafter
called "Santa Fe"), and CONTRA COSTA
COUNTY (hereinafter called "Second Party"),
party of the second part.
WITNESSETH:
1. That for and in consideration of the payment by Second Party to Santa Fe, in
advance, a one-time fee of One and No/100 Dollars ($1.00) as compensation for the rights and
privileges mentioned in this license and of the faithful performance of the covenants and
agreements herein set forth to be performed by Second Party, Santa Fe hereby licenses Second
Party to construct drainage improvements on that portion of the right of way of Santa Fe situated
near Bridgehead, Contra Costa County, California, shown by shading on the print hereto
attached, No. 1-04576, dated November 5, 1994, marked "Exhibit A" and made a part hereof.
2. In case Second Party shall use said right of way for any other purpose than
above mentioned, then Santa Fe, its successors and assigns may declare this license at an end
and prevent Second Party from using or remaining upon said premises, with or without process
of law.
3. Second Party agrees that he will, at his sole expense construct said drainage
improvements in a manner that conforms to the plans as pre-approved by Santa Fe. Should
Second Party fail or refuse within 15 days to comply with any request made by Santa Fe to so
do, Santa Fe may, at its option, perform such work, and in such event Second Party agrees to
promptly reimburse Santa Fe for the cost so incurred; but failure on the part of Santa Fe to
perform the obligations of Second Party, shall not release Second Party from liability hereunder
for loss or damage occasioned thereby.
4. Second -Party further agrees that it will at all times indemnify and save
harmless and defend Santa Fe against all claims, demands, actions or causes of actions, arising
or growing out of loss of or damage to property or injury to or death of persons or animals
which may occur upon said right of way, or upon the railway tracks adjacent thereto, resulting
in any manner from or in connection with construction of said drainage improvements, except
such loss, damage, injury or death be caused through the sole negligence or willful misconduct
of Santa Fe, its servants or employes, or otherwise, and that he will promptly pay to Santa Fe
the full amount of any loss or damage which Santa Fe may sustain, incur or become liable for
and all sums which Santa Fe may pay or be compelled to pay in settlement of any claim on
account thereof.
5. It is further mutually agreed that this license may be terminated by either party
upon thirty (30) days' notice in writing to be served upon the opposite party, stating therein the
day of the month that such termination will take place; and upon the expiration of the time
specified in such notice, the existence of this license and all rights and privileges of Second
Party hereunder shall absolutely cease and Second Party shall thereupon, without further notice
or demand, remove forthwith from said right of way and leave it in a condition that conforms
to the plans as pre-approved by Santa Fe.
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6. Any notice hereunder to be given by Santa Fe to Second Party shall be deemed
to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to
Second Party at Contra Costa County Public Works Department, 255 Glacier Drive, Martinez,
California 94553-4897. Any notice to be-given hereunder by Second Party to Santa Fe shall
be deemed to be properly served if the same be deposited in the United States Mail, postage
prepaid, addressed to Santa Fe's Asset Management Department, P. O. Box 1738, Topeka,
Kansas 66601-1738.
7. No termination or cancellation of this license shall relieve or release Second
Party from any liability or obligation (whether of indemnity or otherwise) which may have
attached or accrued previous to or which may be accruing at the time of such termination or
cancellation.
8. It is further agreed that neither Second Party, his heirs, legal representatives,
successors or assigns, nor any subsequent assignee, shall assign this license or any interest
herein, without first securing the written consent of Santa Fe in each instance, and that at the
option of Santa Fe this license shall be forfeited by any such unauthorized assignment, transfer
or lease or by any assignment or transfer thereof by operation of law.
9. It is further agreed that upon the expiration of this license, or in case Second
Party shall in any manner fail to comply with the terms and conditions hereof, Second Party
shall, upon demand, without notice, cease to use or remain upon said premises and shall leave
said right of way in a condition that conforms to the plans as pre-approved by Santa Fe, and in
case Second Party shall fail within thirty (30) days after the date of such expiration, termination
or demand to so do, then Santa Fe may at its election do so for the account-and at the sole cost
of Second Party and Second Party agrees to promptly reimburse Santa Fe the amount of such
cost.
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10. It is expressly understood and agreed that Second Party shall use said right of
way without interference or damage to the pipe lines, electric transmission lines, telephone lines,
telegraph lines and other facilities of like character, existing or constructed during the
continuance of this license upon, under or across said right of way. Second Party hereby agrees
that he will indemnify and save harmless Santa Fe and its licensees from and against any liability
for any such interference or damage.
11. It is further expressly understood and agreed that this instrument constitutes
a license only to use said right of way for constructing drainage improvements and shall not be
construed as granting to said Second Party any right of possession, estate, title or interest
whatsoever in or to said right of way or any part thereof. In case of the eviction of Second
Party by anyone owning or claiming title to or any interest in said right of way, Santa Fe shall
not be liable to Second Party for any damage of any nature whatsoever.
12. Any contractor or subcontractor performing work on or in connection with the
drainage improvements shall for the purpose of this license, be conclusively deemed to be the
servant and agent of Second Party acting on behalf and within the scope of such contractor's or
subcontractor's employment for Second Party.
13. It is further agreed that this license shall be binding upon the Second party,
his heirs, legal representatives, successors and assigns, and shall inure to the benefit of the
successors and assigns of Santa Fe.
14. No alteration or variation of the terms of this Agreement shall be valid unless
made in writing and signed by both parties hereto and no oral understanding or agreements not
incorporated herein shall be binding to any of the parties hereto.
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15. Disputes regarding the interpretation of this Agreement shall be resolved in
the California courts according to California law.
16. Unless terminated earlier pursuant to the terms and conditions herein stated,
this Agreement shall expire upon acceptance by Santa Fe of the constructed improvements.
IN WITNESS WHEREOF, the parties have executed this license in duplicate the
day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By � -
.000-
Title A46S• D3rootor-Asset Management
(Santa Fe)
CONTRA COSTA COUNT
Title 7�
(Second Party)
22�Y
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- 5 -
1543W 11032471.279/2228
+ A.M. FILE NO. 11032471
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY 0
AND o
COUNTY OF CONTRA COSTA tn
TOPEKA, KANSAS V-19_
SCALE: 1 IN. _ _JOOFT. MAP -
STOCK TON SUED I V. PARCEL - a
DATE 11/05/1994
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DESCRIPTION:
A SITE CONTAINING 2.000 SO. FT.
( 0. 05 AC. ) . MORE OR LESS SHOWN SHADED.
AT BRIDGEHEAD
COUNTY OF CONTRA COSTA STATE OF CA CTF
A.M. DRAWING NO. 1- 04576