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Public Highway Crossing w/ Highway Grant 08/13/01 UP Real Estate Folder No.: 2069-13 Form Approved, A VP-Law estimated cost for the Railroad's work associated with the Project is SIXTY THOUSAND SIX HUNDRED SIXTY- THREE HUNDRED DOLLARS ($60,663.00). B. The Political Body acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or its contractor(s) in connection with flagging or other protective services provided by Railroad employees in connection with the Project. All of such costs incurred by Railroad are to be paid by the Political Body or its contractors as determined by the Railroad and the Political Body. If it is detennined that the Railroad will be billing the Political Body's contractors directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any of its contractor(s) within thirty (30) days of contractor's receipt of billing. C. If the Estimate provides for the Railroad to install public crossing warning signals and/or gates, the Railroad, at its cost and expense, shall maintain and repair such warning devices; PROVIDED, HOWEVER, that such maintenance and repair shall not negate the Railroad's eligibility for any federal, state, local, or other public funds that may become available for the maintenance and repair of such warning devices and PROVIDED, FURTHER, that the cost of repair or replacement resulting from damage caused by the general public that is not recovered by the Railroad from the person or entity causing such damage shall be borne entirely by the Political Body. D. The Political Body agrees to reimburse the Railroad for one hundred percent (100%) of all actual costs incurred by Railroad in connection with the Project including, but not limited to, actual costs of procurement of materials, manpower and deliveries to the job site and the Railroad's normal and customary additives associated therewith. ARTICLE 7 - EFFECTIVE DATE; TERM This Agreement shall become effective as of the date first herein written, or the date work commences on the Project, whichever is earlier, and shall continue in full force and effect until terminated as provided in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed induplicate as of the date first herein written. COMPANY By ATTEST: lQ~ '-;" ~ .J ~~'" \) ~ By Title: (Seal) ~nlorder No. 03-lstro: ~ ,2003 hereto atta ed. 2069-13rev City of Redwood City, CA Articles of Agreement revised June 11,2003 Bloomquist Street Page 3