Laserfiche WebLink
It is the Railroad's intent and the City's desire to retire said crossing by removing rails, ties, and <br />ballast, and replacing removed track with standard asphalt pavement, curb, and sidewalk. If said <br />track removal can be accomplished in the time allocated in this section, this agreement shall <br />terminate. <br />9. The Railroad, at its sole cost and expense, shall maintain the crossing between the <br />track tie ends. If, in the future, the City elects to have the surfacing material between the track tie <br />ends replace, the Railroad, at the City's sole expense, shall install such replacement surfacing. <br />10. The City, for itself and for its successors and assigns, hereby waives any right of <br />assessment against the Railroad, as an adjacent property owner, for any and all improvements <br />made under this Agreement. <br />11. Covenants herein shall inure to or bind each party's successors and assigns; <br />provided, no right of the City shall be transferred or assigned, either voluntarily or involuntarily, <br />except by express written agreement acceptable to the Railroad. <br />12. Each Party to this Agreement (the City and the Railroad) shall indemnify, defend <br />and hold harmless the other Party to this Agreement, its directors, board members, <br />representatives, agents, and employees from and against all claims, injury, suits, demands, liability, <br />losses, damages and expenses, whether direct or indirect (including any and all costs and expenses <br />in connection therewith), arising out of such Party's act or omissions with this Agreement. <br />13. Litigation arising out of or connected with this Agreement may be instituted and <br />maintained in the courts of the State of California only, and the parties consent to jurisdiction over <br />their person and over the subject matter of any such litigation, in those courts and consent to <br />service of process issued by such courts. <br />14. Director of Engineering and Transportation or his designee shall be the <br />representative of the city for purposes of this Agreement and may issue all consents, approvals, <br />directives and agreements on behalf of the City, call for by this Agreement, except as otherwise <br />expressly provided in this Agreement. <br />15. All notices and written communications sent by one party to the other shall be <br />personally delivered or sent by registered or certified U.S. Mail, postage prepaid, return receipt <br />requested to the following addresses indicated below: <br />If to the City: Engineering and Transportation Department <br />CITY OF SAN LEANDRO <br />835 East 14th Street <br />San Leandro, CA 94577 <br />If to the Railroad: Richard C. Gonzales <br />UNION PACIFIC RAILROAD <br />19100 Slover Avenue <br />Bloomington, CA 91263 <br />Railroad Crossing Agreement Page 3 <br />May 4, 1998 <br />