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1967-0818_ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, THE_AgreementTHIS A�33ii:3::-"T, made this If zK day of a (I r, j 19 6 Z by and between THE. ATCHISON. TJFLK: ANP :;;LNTA Ft 't+Ai].nAY . O IPiM, a corporation, hereinafter referred to as "Santa Fe", and the CITY OF" SAH JUAN CAP16MM, a municipality in the State of California, here- inafter referred to as "City". WrTMSWTH: AERLAS, City proposes to construct Avenida Aeropuerto, at grade, across the right of way and track of Santa Fe, having a roadway width of 48 feet, the centerline, thereof crossing said track at Mile Post 198.8, Fourth District main track. ,ffiz:1MAS, Santa Fe is willing that City extend said street across its right of way and track at grade as a public street crooning, when authorised by the Public Utilities CosuaissiOA, State of California. NOW THN%UDRB IT IS A3REW: 1. Santa Fe will, at expense of City, prepare its track to receive paving, including placing header planks for roadway width of 48 feet, and raise or relocate its communication and signal lines and poles to proper side and overhead clearance of the proposed street. 2. Santa Fe will, at equal expense of Santa Fe and City. furnish and install two (2) flashing light signals supplemented by automatic crossing gates and necessary appurtenances. 3. City will, at its expense. (a) do all work except that apecifiad to be done by Santa Fe in above Paragraphs 1 and 2, necessary to said street construction, including adequate draine_Zc: facilities, and (b) relocate or protect by encasement or otherwise property or facilities of licensees of Santa Fe if said licensees require same. h. Work specified to ue done in above Paragraphs 1 and 2 by Santa Fe snail 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 1 presently estimated by Santa Fe to be TrJO THOU3^'47J THP:EE HUNDRED SE71-VITY TO (x2,372.00) DOLLARS, and, (b) one-half of the actual total cost of work specified in said Paragraph 2, which total cost is presently estimate, by Santa Fe to be FOU?TEEP? T;-IOU34ND SIX EKDRED NINETY SIX U14,696.00) LOLLAR3. . That upon completion of work to be done by Santa Fe, specified in Paragraphs 1 and 2 hereof, Santa Fe will render City a bill for City's share of the actual costs thereof and City will promptly reimburse Santa Fe for such costs. 6. After installation of railroad crossing protection signals and appurtenances under terms of this agreement, Santa Fe shal]_ physically main- tain same so long as they remain in place. The maintenance cost of said signals and appurtenances shall oe divided in the sane proportion as the cost of constructing such autom=atic grade crossing protection as provided in Section 2 hereof, in accordance with Section 1202,2 of the California Public Utilities Code. 7. Santa Fe will, at its sole expense, maintain the street paving betwoen Lines two feet outside of and parallel with the rails of the track. 8. City will maintain, of its sole expense, any improvement with said street extension and public: crossing otter than specified to be :vain- t ir& by Santa Fe in ParoZraph 7 hereof. -2- 9. City, or City's Contractor, will comply with �;anta re's rules arra regulations and the instructions of Santa re's representatives in relation to proper manner of protecting Sant& Fe's track and traffic wing thereon, as well as wires, signals and other facilities or property of Santa Fe, or its tenants or licensees, at or in vicinity of the work during the period of con- struction of said street extension, and shall perform the work in a manner satisfactory to Santa Fe or its designated representative, and at such times as shall not endanger or interfere with safe operation of ;Tanta Fe's track and other facilities. IN t'ITNES5 kIMBDF, the CITY OF SAN JUAN CAPISTRANO has caused these presents to be executed by its duly qualified officials pursuant to auUxw- ity regularly granted them by its City Council and TH ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY has executed these presents both as of day and year first above written. ATTEST s // THE ATCHISON, TOPEKA A= SANTA FE: Un;"T COMPANY BY-- z ---- It Awls= no CVAC21 MOON CITY OF SAN JOAN CAPISTRANO By Its - 3 -