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. <br /> : - <br /> . � � � � •: , <br /> . , . , . <br /> � <br /> THIS AGREEMENT, made thia �7� day of , 1989� by <br /> and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, <br /> herein termed "Railcoad", and CITY OF REDWOOD CITY, a municipal DUP���A�� <br /> ORlG�NAL <br /> corporation of the State of California. herein termed "City"; <br /> RECITALS: <br /> The parties hereto desire to evidence by this instrument <br /> their aqreements with respect to the improvement of gcade <br /> crosaing and warning devicea at the crosaing of Seaport Couct <br /> over tracks and property of Railroad at or near Redwood City� in <br /> the County of San Mateo� State of Californ3a. <br /> _,-,. <br /> AGREEMSNT: � <br /> 1. By aeparate instrument� Railroad will grant to City an <br /> easement for street or highway purposes at said location. <br /> 2. Warning devicea ahall be, installed at said croasing purauant <br /> to a separate agreement to be entered into by Railcoad and State of <br /> California Department of Tranapoctacion. <br /> i <br /> 3. Railroad ahall furniah the necessacy labor� materials� tools <br /> and equipment and ahall perform the following work: <br /> (a) remove existing croasing surface; and <br /> (b) prepare track and install AC paving through the new croasing <br /> area. <br /> City agrees to reimburse Railcoad for all coat and expense <br /> incurred by Railcoad in connection with furniahing of materials and <br /> perfocming the work specified in Section 3. <br /> 4. City ahall deposit with Railroad the sum of Nineteen <br /> Thousand Nine Hundred Seventy-six Dollars ($19,976), which ia the <br /> eatimated coat to Railroad in furnishing materiala and performing the <br /> work speci£ied above. Upon completion of vork contemplated, the <br /> difference between said depoait and the actual coat to Railroad shall <br /> be promptly paid by City or refunded by Railroad, as the case may be. <br /> 5. After inatallation of said aignal has been completed, � <br /> Railroad ahall maintain same so long as it cemains in place. The cost <br /> of maintaining said aignale shall be apportioned between the pacties <br /> in accordance with Sectiona 1202.2 and 1231.1 of the California Public <br /> Utilities Code. A preciee manner and method of determine applicable <br /> ' charges, manner and method of payment and othec procedurea under said <br /> Sectiona shall be governed by any'applicable deciaion of the <br /> Califocnia Public Utilities Commisaion. <br />