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Deed - Montague Ave, RR crossing - File 256, 1953
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Deed - Montague Ave, RR crossing - File 256, 1953
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9/1/2022 5:13:34 PM
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CM City Clerk-City Council
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Deed
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12-,-52 <br />' � r <br />In the event Railroad shall at any time so require, Grantee, <br />at its expense, shall reconstruct or alter said structure or make <br />changes in the location thereof upon receipt of written notice from <br />Railroad so to do. <br />5. Grantee, its agents and employes, shall have the pri- <br />vilege of entry on said property for the purpose of constructing, <br />reconstructing, maintaining and making necessary repairs to said <br />structure. Grantee agrees to keep said property in a good and safe <br />condition free from waste, so far as affected by Grantee's operations, <br />to the satisfaction of Railroad. If Grantee fails to keep said pro- <br />perty in a good and safe condition free from waste, then Railroad may <br />perform the necessary work at the expense of Grantee, which expense <br />Grantee agrees to pay to Railroad upon demand. <br />6. In the event any work upon or in connection with said <br />structure or its appurtenances, to be done upon or adjacent to the <br />tracks and property of Railroad, should be let to a contractor by <br />Grantee, such work shall not be begun until such contractor shall have <br />first entered into an agreement with Southern Pacific Company, satis- <br />factory to Southern Pacific Company and indemnifying Railroad from and <br />against all claims, demands, costs, loss, damage and liability grow- <br />ing out of the performance of work to be done by such contractor. <br />Said contractor shall furnish, at the option of and without ex- <br />pense to Railroad, a reliable surety company's bond, in an amount and <br />in a form satisfactory to Southern Pacific Company, guaranteeing the <br />faithful performance of all the terms, covenants and conditions con- <br />tained in said agreement to be entered into with Southern Pacific <br />Company by said contractor and a certified copy of a policy of Public <br />Liability and Property Damage Insurance, within limits specified by, <br />and in a form satisfactory to, Southern Pacific Company, covering the <br />contractual liability assumed by contractor in said agreement to be <br />entered into with Southern Pacific Company by said contractor. <br />7. Grantee agrees to reimburse Railroad for any and all <br />-3- <br />
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