HomeMy WebLinkAboutAT & SF Railway Company; 1972-12-12; (5)*
THIS AGREEMENT, made and entered into this
- day of
19 7*1* ^ *n<* between THE ATCHISOH, TOfEKA
AKD SANTA FE RAILWAY COMPANY, a Delaware cor-
poration! hereinafter designated "Santa Fe",
and the CITY OF CARLSBAD, & municipality in
the State of California, hereinafter desig-
nated "City".
IT IS AGREED by the parties hereto as follows:
1. Santa Fe shall install automatic crossing gates with
flashera at the TAMARACK AVENUE crossing of Santa Fe's Main Line des-
ignated by California Public Utilities Commission as Crossing No.
2-230.1.
2. Such work shall be performed as soon as practicable,
considering availability of materials and manpower, and in consider-
r
ation thereof the City will pay to Santa Fe, as its share of the
coat thereof, one-half of the actual total cost which total cost is
presently estimated by Santa Fe to be SEVENTEEN THOUSAND SIX HUNDRED
SEVENTY Dollars ($17,670.00).
3. That all work covered by this agreement shall con-
form to requirements of the Public Utilities Commission of the State
of California.
4. After installation of railroad crossing protection
signals and appurtenances under terms of this agreement, Santa Fe
shall physically maintain same so long as they remain in place*
The maintenance cost of said signals and appurtenances shall be
shared equally by City and Santa Fe in accordance with Section
1202.2 of the California Public Utilities Code, except that City's
liability therefore shall be limited to such funds as are set aside
for allocation to the Public Utilities Commission pursuant to Sec-
tion 1231.1 of the Public Utilities Code.
5. Santa Fe will at its expense maintain that portion
of the crossing lying between rails of its track and for two feet
outside thereof.
- 2 -
6. City will maintain at its sole expense any street
improvement within said crossing, other than specified to be main-
tained by Santa Fe in Paragraphs 4 and 5 hereof*
III WITNESS WHEREOF, THE CITY OF CARLSBAD has caused these
presents to be executed and attested by its duly qualified and auth-
orized officials pursuant to authority regularly granted them by its
City Council and THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
has executed these presents both as of the day and year first above
written*
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By
Assistant to General Managei
CITY OF CARLSBAD
By_
^^^^Its
ATTEST:
(71 - 3 -
T