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8I Consent Calendar 2019 0122
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8I Consent Calendar 2019 0122
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1/17/2019 6:13:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/22/2019
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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law <br /> 2 <br />sufficient to allow for the reconstruction of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body for the Project. The <br />additional portion of Railroad’s property that Political Body needs for the Project is shown <br />on the print marked Exhibit A-2 and also described in the legal description marked Exhibit <br />A-3, with each exhibit being attached hereto and hereby made a part hereof (the “Crossing Area”). <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, it is mutually agreed by and between the parties hereto as <br />follows: Section 1. EXHIBIT B <br /> <br /> The general terms and conditions marked Exhibit B, are attached hereto and <br />hereby made a part hereof. <br /> <br /> <br />Section 2. GRANT OF EASEMENT <br /> Upon completion of the execution of this Agreement and Railroad’s receipt from <br />Political Body of ONE THOUSAND SEVEN HUNDRED DOLLARS($1,700), the Railroad <br />shall execute and deliver to the Political Body a limited non-exclusive roadway easement in <br />the Easement Deed marked Exhibit F, attached hereto and hereby made a part hereof, for <br />the property described and shown on Exhibits A-2 and A-3. <br /> <br />Section 3. ANNUAL SIGNAL MAINTENANCE <br /> <br /> Railroad shall maintain, in compliance with applicable laws or regulations as determined by the Railroad, the crossing signals as long as they remain in place. Cost 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 statutes as supplemented by any applicable decisions of the statutes in the California 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 Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others <br />acting under its or their authority. <br />
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