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Public Highway Crossing 20040510
<br /> Non Standard Form Approved, AVP -Law
<br /> EXHIBIT B
<br /> TO NEW PUBLIC HIGHWAY CROSSING AGREEMENT
<br /> TERMS AND CONDITIONS
<br /> SECTION 1 CONDITIONS AND COVENANTS
<br /> a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not
<br /> use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the
<br /> foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe
<br /> lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric
<br /> power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in
<br /> accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or
<br /> signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the
<br /> Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall
<br /> obligate the Railroad to give such consent.
<br /> b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or
<br /> purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place
<br /> tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the highway to conform with the rail line.
<br /> c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and
<br /> also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in,
<br /> upon or relating to the railroad property, unless the Political Body at its own expense settles with and obtains releases from such
<br /> nonparties.
<br /> d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent
<br /> with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter,
<br /> renew and replace tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all kinds of
<br /> equipment. The Railroad further reserves the right to attach signal, communication or power lines to any highway facilities located
<br /> upon the property, provided that such attachments shall comply with Political Body's specifications and will not interfere with the use
<br /> of the Crossing Area.
<br /> e) So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature
<br /> or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and
<br /> against the property as a component part of the Railroad's operating property.
<br /> f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the
<br /> highway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all
<br /> such other property and rights at its own expense and without expense to the Railroad.
<br /> SECTION 2 CONSTRUCTION OF HIGHWAY
<br /> a) The Political Body, at its own expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation
<br /> for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
<br /> b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense, will furnish all necessary labor,
<br /> material and equipment, and shall construct and complete the highway and all appurtenances thereof. The appurtenances shall
<br /> include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its
<br /> right -of -way), and all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the highway
<br /> and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary
<br /> structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
<br /> c) The Railroad will receive no ascertainable benefit from the construction of the Project, and, except as may be specifically
<br /> provided herein, shall not be required to pay or contribute any part of the cost thereof. If the Project is to be financed in whole or
<br /> in part by Federal funds, all construction work by the Political Body shall be performed, and any reimbursement to the Railroad for
<br /> work it performs shall be made, in accordance with the applicable Federal acts, regulations, and this Agreement.
<br /> d) All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the highway
<br /> and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vice
<br /> President Engineering Services of the Railroad or his authorized representative and in accordance with detailed plans and
<br /> H: DATA \Favwite&Public Road Crossing Agreements \2017- Page 1 of 5 Exhibit B
<br /> 95rev City of Pleasanton, CA Valley Ave.doc
<br /> To Public Road Crossing Agreement
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