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<br />, <br /> <br />EYJIIPIT "A" <br /> <br />THIS AGREEMENT, made this <br /> <br />day of <br /> <br />, 19 e e, by <br /> <br />and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, <br /> <br />herein termed "Railroad., and CITY OF REDWOOD CITY, a municipal <br /> <br />corporation of the State of California, herein termed .City.: <br /> <br />RECITALS: <br /> <br />The parties hereto desire to evidence by this instrument <br />their agreements with respect to the improvement of grade <br />crossing and warning devices at the crossing of Seaport Court <br />over tracks and property of Railroad at or near Redwood City, in <br />the County of San Mateo, State of California. <br /> <br />AGREEMENT: <br /> <br />1. By separate instrument, Railroad will grant to City an <br />easement for street or highway purposes at said location. <br /> <br />2. Warning devices shall be installed at said crossing pursuant <br />to a separate agreement to be entered into by Railroad and State of <br />California Department of Transportation. <br /> <br />3. Railroad shall furnish the necessary labor, materials, tools <br />and equipment and shall perform the following work: <br /> <br />(a) remove existing crossing surface~ and <br /> <br />(b) prepare track and install AC paving through the new crossing <br />a rea. <br /> <br />City agrees to reimburse Railroad for all cost and expense <br />incurred by Railroad in connection with furnishing of materials and <br />performing the work specified in this Section 3. <br /> <br />4. City shall deposit with Railroad the sum of Nineteen <br />Thousand N1ne Hundred Seventy-six Dollars ($19,976), which is the <br />estimated cost to Railroad 1n furnishing materials and performing the <br />work specified above. Upon completion of work contemplated, the <br />difference between said deposit and the actual cost to Railroad shall <br />be promptly paid by City or refunded by Railroad, as the case may be. <br /> <br />5. After installation of said signal has been completed, <br />Railroad shall maintain same so long as it remains in place. The cost <br />of maintaining said signals shall be apportioned between the parties <br />in accordance with Sections 1202.2 and 1231.1 of the California Public <br />Utilities Code. A precise manner and method of determine applicable <br />charges, manner and method of payment and other procedures under said <br />Sections shall be governed by any applicable decision of the <br />California Public Utilities Commission. <br /> <br />10961 <br />