HomeMy WebLinkAboutAT & SF Railway Company; 1972-02-25;CITY C)RXGINAL
TEIS AGBS~, made thts
of
between ‘Rig A,%aIS@i, Toplbl[b m SAWTA Fg g&%-
MAP C-m, a Delaware corporation, herein-
after referred to ae *Santa He”, and the CITY
OF CARLSBAD, a municipality in the State of
California, hereinafter referred to as ‘TXty”.
WHW City proposes to conlrtruct Cannon goad at grade
acrom the right of way and track of Santa Fe, having a roadway width
of 82 feet between curbs, the canterline thereof crossing said track
at Xile Post 231.4, Fourth Distrtct Malta Track.
W%REAS Santa Fe is willing that City extend said street
acrotm its right of way and track at grade aa a public street crm-
sing, when authorized by Decirion of the Public Utllitier CaemLerion,
State of California.
mu m- IT Is Acauiwt
I. Sdmta Fe wi.11, at appease of CLty, (a) prepare it6
track to receive paving, place crossing planks for roadway width of
82 feet, (b) raise or relocate its commnicatlon and rignal lfnee
and poles to proper slide and overhead clearance of the proposed street
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and Cc) inrrtall four (4) Standard RI. 8 ftarhlrrg light rignalm, sup-
plemented by four (4) automatic crasaing gater.
2, City will, at it8 e%pmse, (a) do all work e%cept that
specified to be dcme by Santa Fe in above Paregrcsph 1, necereary to
said street conutruction, including adequate drainage ‘facilitfer,
(b) S-dOCUte or protect by encasam~t or otherwire property or f8Cil-
tttee of licenseee of Santa Fe i% said licemew requira JBBUBB~
3, Senta Fe will do the work specified in abva Paragraph
1, as soon ae practicable, considering completion of aaid street con-
struction, availability of materiale and manpower, and in coneider-
ation thereof, Cfty will pay to Santa Fe the act&, cost themof,
premntly eetimted by Santa Fe to be 3MUEY OBlK THOUSAISP FXVP. IJIMD-
RRD FOURTRm Bollare, ~$31,314&0>.
4. Santa Fe &all submit to City a bill for sixty per-
cent (60%) of Clty*e ohare of the estimated cost upon completion of
work contemplated which bill City agrees to proraptly pay0 City shall
pay the City’e share of the actual cost on completion of audit lerars
credit for the sum previouely paid. Should the actual coat prove
upon completion of audit to be more or leea than euch estimated cost,
the City’8 share of the difference &all be promptly paid by City
or refunded by Santa Fe, as the caae may be.
5. After Wetrallation of r&ilroePd crossing protwticm
signale and appurtenances under terms of thiai agreaemt, Santa Fe
shall physically nraintain 444x11 80 long a4 thay rmn4in in place. The
raatatwwnce co4t of 4aid silgn414 4nd appwteanancee 4hall be barnco by
the City pursur;nt to the provi4ion4 of Section 1202.2 of the Car&if-
ornia Public Utilitiee Code.
6. Santa Fo will, 4t it4 oole expenra, maintain the strrret
paving between line4 two feet outrside of and parallel with the rail4
of the track.
7. CLty will matntein, at itb solai expen4a, any tnprovs-
mamt with mid street eutabnsion and public crossing other than spe-
cified to be aaaintaiaed by Santa Fe in P4tagrnph 6 hereof.
8, City, or City's Contrac&m, will casaply with Santa
F4’4 rule4 and regulation4 and the in4tructlons of Santa Fe'4 rapre-
crentativee in relation to proper manner of protecting &ants Fe’e track
and traffic movfng thereon, as well as wire4$ stgnale and other frcfl-
itiee or property of Santa Fe, or it4 temmte or lic4nrcaee, at or in
vicinity of the wurk during tha period of construction of maid etreat
exteneion, md 4halI perform the work in 4 -4r satlefactory to
Santa Fe or fte dasignuted rapreoentatfve, atnd at ouch time8 84 shall
not andaager or intarfere with safe opisratfon of Santa Fe*8 track
and other fecilltlaa,
9. Thie a$mmaent euparcadee urd cancels that certaiu
document between Senta Fe and City covcrrfng propoohd coxaretructiun of
a 64 foot wtde croslring at the sgse location as muthorfmd by P~ieion
No. 75951 of the Public Util$tle, ColaarL44ion.
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IN WXTNWS IWRBOF, the CITY 08 CARLSBAD h44 cauead them
preemnta to be axecutm¶ by its duly quallficad officiale pursuant to
authority rsgplarly granted them by itlp City Councfl and THE ATCHlSOH,
TOPEKA MD 8mA FE RAfWM CoMFMly hae excscutsd them pr%44Xkt8 both
a8 of the day and yaw firet above written.
TWtATClWQPO,TOPBXAIAlPDSAaTA F6&sfU4AYUMWSY
BY
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ATTEST; -
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