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1973-1221_ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, THE_AgreementWITNESSETH: THIS AGRLEKENT, made and entered into this -LI 47 day of D e c d! M %p 19 13 by and between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware cor- poration, hereinafter designated "Santa Fe", and the CITY OF SAN JUAN CAPISTRANO, a muni- cipality in theState of California, herein- after designated "City". WHEREAS, City proposes a program of widening and improve - meat to a paved width of 90 feet that portion of DEL OBISPO STREET on each side of and including the crossing of Santa Fe's tracks, designated by Public Utilities Commission, State of California, as crossing No. 2-197.4, and; WHEREAS, Santa Fe and City are in accord as to said pro- gram, and Santa Fe is willing that City, or City's Contractor, do all work under said program except preparation of Santa Fe's tracks to receive planking, placing of planking and installation of auto- matic crossing protectidn. NOW THEREFORE IT IS AGREED: 1. City, or City's Contractor, will do all work under said program, including placing of pavement within track area of said crossing, except that work hereinafter specified to be done by Santa Fe. 2. City, or City's Contractor, will comply with Santa Fe'sanles and regulations and instructions of Santa We represen- tatives in relation to proper manner of protecting Santa Fe's track and traffic moving thereon, as well as wires, signals and other property of Santa Fe, or its tenants or licensees, at or in vicinity of the work during the period of construction of said improvement, and shall perform the work in a manner satisfactory to Santa Fe or its designated representatives, and at such times as shall not en- danger or interfere with safe and timely operation of Santa Fe's tracks and other facilities. 3. Santa Fe will, at its expense, prepare its tracks to receive paving, including placing of planking to width of exis- ting crossing being average of 54 feet. 4. Santa Fe will, at expense of City, place planking, in addition to that specified to be placed in above Paragraph 3, to accommodate paved roadway width of 90 feet, plus pedestrian walkways, and remove existing box culvert. - 2 - 5. Santa Fe will, at equal expense to Santa Fe and City, remove existing crossing protection and install four (4) Model 10 type crossing gates and flashers. 6. Work specified to be done in above Paragraphs 4 and 5 by Santa Fe shall be done as soon as practicable, considering completion of said program, availability of materials and manpower, and in consideration thereof City will pay to Santa Fe, (a) the actual total cost of work specified in said Paragraph 4 presently estimated by Santa Fe to be SIX THOUSAND SIX HUNDRED SIXTEEN Dol- lars ($6,616.00), and (b) one-half of the actual total cost of work specified in said Paragraph 5, which total cost is presently esti- mated by Santa Fe to be TWENTY FIVE THOUSAND TWO HUNDRED FORTY THREE Dollars ($25,243.00). 7. That upon completion of the work specified in above Paragraphs 4 and 5, Santa Fe will render City a bill for its costs and City will promptly reimburse Santa Fe for such costa. 8. Santa Fe will, at its expense, maintain street pav- ing between rails of the tracks and for two feet outside thereof. 9. After installation of railroad crossing protection signals and appurtenances under terms of this agreement, Santa Fe shall physically maintain same so long as they remain in place. The maintenance cost of said signals and appurtenances shall be divided - 3 - in the same proportion as the cost of constructing such automatic grade crossing protection as provided in Section 5 hereof, in accor- dance with Section 1202.2 of the California Public Utilities Code. 10. City will at its expense maintain any street im- provement within said crossing other than specified to be maintained by Santa Fe in above Paragraph S. IN WITNESS WHEREOF, THE CITY OF SAN JUAN CAPISTRANO has caused these presents to be executed by its duly qualified and auth- orized officials pursuant to authority regularly granted them by its City Council and THE ATCHISON$ TOPEKA AND SANTA FE RAILWAY COMPANY has executed these presents both as to year and day first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY Assistant to General ATTEST: y4