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<br />B. <br /> <br />The parties now desire to set forth herein their <br /> <br />understandings and agreements relating to construction and <br /> <br />maintenance of the Structure. <br /> <br />AGREEMENT <br /> <br />NOW, THEREFORE, in consideration of the foregoing, the <br /> <br />parties agree as follows: <br /> <br />1. <br /> <br />Construction Costs. <br /> <br />The City shall furnish, or <br /> <br />cause to be furnished, at its sole cost and expense, all labor, <br /> <br />materials, tools, and equipment needed to complete the Structure. <br /> <br />The design and construction of the Structure shall comply with <br /> <br />all rules and regulations of the California Public Utilities <br /> <br />Commission regarding side clearances and vertical clearances, <br /> <br />including, but not limited to PUC's General Order 26D. <br /> <br />The <br /> <br />design and construction of the Structure shall also comply with <br /> <br />Railroad's Track Specifications and Guidelines for Grade <br /> <br />Separations and Any Other Encroachments, and Railroad's Right of <br /> <br />Way Standards for Longitudinal and Transverse Utility <br /> <br />Encroachments dated July 1, 1994 (except that cocnrete ties will <br /> <br />be used to complete the final track alignment), and shall be <br /> <br />subject to Railroad's approval. <br /> <br />2. <br /> <br />Real Property Conveyances. <br /> <br />As part of the project <br /> <br />contemplated in this Agreement, City shall legally abandon and <br /> <br />close to public use the existing grade crossing at Jefferson <br /> <br />Avenue PUC No. E-25.6. <br /> <br />Railroad shall grant to City a temporary <br /> <br />construction easement in the form attached to this Agreement as <br /> <br />Exhibit A. <br /> <br />City shall provide at its sole cost and expense all <br /> <br />217831.2 <br /> <br />. I-.... .."~T-- <br />