SOUTHERN PACIFIC - FT 079224 - Laserfiche WebLink

Approved as to form by General Counsel, October 1, 1976 [Re' - VI 3/19/811 1.001 PRIVATE C.S. 3441 RELMi,c; BO-66.0-Y(N) ROADWAY AGREEMENT 04to Aigre In putt made this /IMIL day of by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, 93 LEASE AUDIT NO. 19'1013 4a4;/ , 19 Fi, a corporation, hereinafter called "Railroad", and CITY OF PLEASACdTON, a municipal corporation of the State of California, 200 Bernal Avenue, Pleasanton, California 94566 , hereinafter called "Licensee"; JoHnirsePfh: In consideration of Seventy—five Dollars ($75) paid by Licensee, Railroad hereby permits Licensee (subject to the provisions hereof) to construct, maintain and use a private roadway across the tracks and upon property of Railroad at Mile Post 66.0, at or near Asco (Pleasanton) County of- Alameda, State of California , in the location illustrated on the attached print. (A-2112 dated December 19,r 19 80 ) 1. The permission herein granted is subject to all licenses, leases, easements, encumbrances and claims of title affecting said property of Railroad. Said roadway shall be a private one and shall not be for public use. 2. Commencing with the second year of the term of this agreement, Licensee shall pay to Rail- road the sum of Twenty Dollars ($20) per annum, payable annually in advance, but this provision shall not modify or amend in any way Railroad's right to terminate under provisions of Section 8 hereof. 3. Licensee, at Licensee's expense, shall: (a) construct and maintain said roadway in a good and safe condition, satisfactory to Railroad; (b) keep the roadway and track flangeways clear of all rubbish, debris and other material; (c) construct and maintain roadway, whistle and stop signs as designated by Railroad; (d) trim shrubbery as required to provide proper visibility to trains and vehicles; (e) install and maintain warning devices and make roadway changes required by public authority; (f) install and maintain such drainage facilities, barricades and fence gates as Railroad may designate, keeping such barricades and fence gates locked except when roadway is actually being used; (g) upon request, provide evidence of insurance of Licensee's liability under this agreement, in form and amount satisfactory to Railroad; and (h) reimburse Railroad for any expense in connection with any of the above, whether per- formed by Railroad or Licensee. 4. Licensee shall not perform any work on Railroad's property (except emergency repairs) unless Railroad's Division Engineer is given five (5) days' advance notice thereof and the approval of Railroad for such work is obtained in writing. 5. All vehicles shall comply with posted signs and in any event shall stop before entering the cros- sing area and ascertain that it is safe to proceed across the tracks before so doing. Licensee shall not ob- struct or interfere with the passage of Railroad's trains.