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. <br /> . �+� � �. •: � <br /> THIS AGREEMENT, made Chia �7� day of , 1989, by <br /> and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, <br /> herein termed "Railroad"� and CITY OF REDWOOD CITY, a municipal DUPLICAT� <br /> OR!GINAI: <br /> corporation of the State of California, herein termed "City"; � <br /> R6CITALS' <br /> The partiea hereto desire to evidence by thia inetrument <br /> their agreementa with ceapect to the improvement of grade <br /> ccossing and warning devicea at the crossing of Seaport Couct <br /> over tracka and property of Railroad at or neac Redwood City� in <br /> the County of San Mateo, State of California. <br /> AGR6BMENT: � ^� <br /> 1. By separate instrument� Railroad will grant to City an <br /> eaeement for atreet or highway purpoaes at said location. <br /> 2. Warning devicea shall be installed at said croasing purauant <br /> to a sepacate agreement to be entered into by Railroad and State of <br /> California Department of Tranaportation. <br /> 3. Railroad shall furniah the necessary labor, materials, tools <br /> and equipment and ahall perfocm the following work: <br /> (a) cemove exiating croasing surface; and <br /> (b) prepace track and install AC paving through the new croeaing <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 /> performing the work apecified in this Section 3. <br /> 4. City shall depoait with Railroad the aum of Nineteen <br /> Thousand Nine Hundred Seventy-six Dollars ($19,976), which is the <br /> eatimated coat to Railroad in furniahing materials and performing the <br /> work apecified above. Upon completion of work contemplated� the <br /> difference between said depoait and the actual cost to Railroad ahall <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 shall maintain same so long as it remains in place. The coat <br /> of maintaining said aignals shall be apportioned between the pacties <br /> in accocdance with Sectiona 1202.2 and 1231.1 of the California Public <br /> Utilities Code. A preciae manner and metAod of determine applicable <br /> chargea, mannec and method of payment and othec procedures under said <br /> Sectiona ahall be governed by any applicable deciaion of the <br /> California Public Ucilitiea Commission. <br />