1971-0802_WESTPORT - APARTMENT HOME CO._AgreementAGREEMENT FOR INSTALLATION OF RAILROAD GRADE CROSSING
Tentative Tract No. 7160 - La Zanja Grade Crossing
THIS AGREEMENT, made and entered into this 2nd day of
August, 1971, BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO, a
Municipal Corporation, hereinafter referred to as "City", and
WESTPORT - APARTMENT HOME CO., a Limited Partnership, hereinafter
referred to as "Developers".
PV 'T1PDT.C.
A. Developers have submitted to City for approval,
tentative map for Tract No. 7160, and desire to provide a grade
crossing of the Santa Fe Railway at the westerly extension of
La Zanja.
B. City must process the application for the crossing
to be submitted to the State Public Utilities Commission and
enter into an agreement with the railroad for construction of
the crossing and protection facilities, but budget limitations
will not permit the expenditure of City funds for the improvements
comtemplated in time to be of benefit to Developers.
TERMS:
NOW THEREFORE, in consideration of the mutual covenants
herein contained and other good and valuable consideration, the
parties agree as follows:
A. Developers shall pay all costs for the construction,
installation and improvement of a railroad grade crossing of the
track of the Atchison, Topeka and Santa Fe Railway Company at its
intersection with the westerly extension of La Zanja, LESS the
contribution of the Railway Company of its share of the cost of
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the safety devices involved, LESS the contribution of the State
of California of its share of the cost of the safety devices
involved and LESS the amount City may share, if any, in said
grade crossing.
B. City shall make application to the Public Utilities
Commission of the State of California for said grade crossing
and endeavor to secure from the State of California and credit
to Developers the proper share of the State of California of the
costs of the safety devices involved.
C. The Developer shall deposit $16,000 with the City of
San Juan Capistrano, said amount being the estimated cost as
prepared by the Railroad. In lieu of a cash deposit the Developer
may furnish a surety bond or other suitable financial guarantee
acceptable to the City.
D. Developer shall dedicate all necessary right of way
for the construction of the public street and the necessary right
of way for an interim access from the westerly side of the railroad
crossing to the boundary of currently approved tract maps.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year hereinabove first
written.
CITY OF SAN JUAN CAPISTRANO
Mayor
"City"
ATTEST: WESTPORT - APARTMENT HOME CO.,
a Limited Partnership
BY: WESTPORT HOME BUILDERS, INC.,
Gral a tner
'City Clerk,
City of San Juan Capistrano `nw
BY: !W1
BY:
"Developers"
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