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Agmt 2005 Union Pacific Railroad Company
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Agmt 2005 Union Pacific Railroad Company
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Last modified
6/5/2019 9:42:29 AM
Creation date
8/6/2009 1:22:58 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/4/2005
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PERM
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Reso 2005-148
(Approved by)
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\City Clerk\City Council\Resolutions\2005
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UPRR Folder No.: 2264-86 <br />BUILDING AMERICA <br />limited to those portions of Railroad's property specifically described herein, or as designated by the <br />Railroad Representative named in Article 4. <br />ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A, B, &C. <br />The terms and conditions contained in Exhibit A, Exhibit B, and Exhibit C, attached <br />hereto, are hereby made a part of this agreement. <br />ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD <br />REPRESENTATIVE. <br />A. The Contractor shall bear any and all costs and expenses associated with any work performed <br />by the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. <br />B. The Contractor shall coordinate all of its work with the following Railroad representative or <br />his or her duly authorized representative (the "Railroad Representative"): <br />James T. Howard <br />Manager Track Maintenance <br />Union Pacific Railroad Company <br />3 784 7 Shinn Street <br />Fremont, CA 94536 <br />Phone: (209) 942-5274 <br />Fax: (209) 942-5258 <br />C. The Contractor, at its own expense, shall adequately police and supervise all work to be <br />performed by the Contractor and shall ensure that such work is performed in a safe manner as set <br />forth in Section 7 of Exhibit B. The responsibility of the Contractor for safe conduct and adequate <br />policing and supervision of the Contractor's work shall not be lessened or otherwise affected by the <br />Railroad's approval of plans and specifications involving the work, or by the Railroad's collaboration <br />in performance of any work, or by the presence at the work site of the Railroad Representative, or <br />by compliance by the Contractor with any requests or recommendations made by the Railroad <br />Representative. <br />ARTICLE 5 - TERM; TERMINATION. <br />A. The grant of right herein made to Contractor shall commence on the date of this agreement, <br />and continue until , unless sooner terminated as herein provided, <br />(Expiration Date) <br />or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. <br />Contractor agrees to notify the Railroad Representative in writing when it has completed its work <br />on Railroad property. <br />B. This agreement may be terminated by either party on ten (10) days written notice to the other <br />party. <br />CROE Agreement - 04/01/05 Articles of Agreement October 6, 2005 <br />Form Approved - AVP Law Page 2 of 4 <br />
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