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g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br /> <br /> The general terms and conditions marked Exhibit B, are attached hereto and <br />hereby made a part hereof. <br /> <br />Section 2. RAILROAD GRANTS RIGHT <br /> <br /> For and in consideration of the sum of Fifty Six Thousand Dollars ($56,000) to be <br />paid by the Political Body to the Railroad upon the execution and delivery of this <br />Agreement and in further consideration of the Political Body’s agreement to perform and <br />comply with the terms of this Agreement, the Railroad hereby grants to the Political Body <br />the right to construct, maintain and repair the Roadway over and across the Crossing Area. <br /> <br />Section 3. ANNUAL SIGNAL MAINTENANCE <br /> <br /> Railroad shall maintain, in compliance with applicable laws or regulations as <br />determined by the Railroad, the crossing signals as long as they remain in place. Cost <br />of maintaining said signals shall be apportioned between the parties hereto in <br />accordance with Sections 1202.2 and 1231.1 of the California Public Utilities Code. <br />The precise manner and method of determining applicable charges, manner and <br />method of payment and other procedures under said sections shall be governed by the <br />statutes as supplemented by any applicable decisions of the statutes in the California <br />Public Utilities Commission. <br /> <br />Section 4. DEFINITION OF CONTRACTOR <br /> <br />For purposes of this Agreement the term “Contractor” shall mean the contractor or <br />contractors hired by the Political Body to perform any Project work on any portion of the <br />Railroad’s property and shall also include the Contractor’s subcontractors and the <br />Contractor’s and subcontractor’s respective employees, officers and agents, and others <br />acting under its or their authority. <br /> <br />Section 5. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE <br /> <br />A. Prior to Contractor performing any work within the Crossing Area and any <br />subsequent maintenance and repair work, the Political Body shall require the Contractor to: <br /> <br />· execute the Railroad's then current Contractor's Right of Entry Agreement <br />· obtain the then current insurance required in the Contractor’s Right of <br />Entry Agreement; and <br />· provide such insurance policies, certificates, binders and/or endorsements <br />to the Railroad. <br /> <br />B. The Railroad's current Contractor's Right of Entry Agreement is marked <br />Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms <br />that it will inform its Contractor that it is required to execute such form of agreement and <br />obtain the required insurance before commencing any work on any Railroad property.