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1988-1004_AT / SF RAILWAY COMPANY_AgreementAGENCY COPY AGREEMENT (Railroad Realignment Engineering Work) THIS AGREEMENT is made this 4th day of October , 1988, by and between the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "Agency", and THE ATCHISON, TOPEKA & SANTA FE RAILWAY CO., hereinafter referred to as "Railroad". WITNESSETH: Whereas, the National Railroad Passenger Corporation (Amtrak), the State of California (CalTrans), and the City of San Juan Capistrano have entered into an agreement providing for the funding for construction of both the realignment of railroad track and the construction of a new bridge within the City of San Juan Capistrano; and Whereas, said agreement and construction activity affects the property and equipment of the Railroad; and Whereas, the Agency proposes to contract for the engineering work with a consulting engineering firm for said construction work; and Whereas, the Railroad is agreeable to the Agency's request to contract for the engineering of said work, NOW, THEREFORE, BE IT MUTUALLY RESOLVED between Agency and Railroad as follows: Agency to Contract for Engineering Work. The parties agree that the San Juan Capistrano Community Redevelop- ment Agency shall administer that portion of the project relating to the design and engineering for the realignment of track and relocated bridge within San Juan Capistrano. In addition, Agency assumes all responsibility for acquisition of right-of-way to accomplish the ultimate construction of the project. Agency agrees to assume full responsibility for compliance with applicable federal rules and regulations, including maintenance of records for audit by City, State and Federal auditors. The parties agree and understand that the Agency shall enter into one or more consulting agreements with a consulting engineering firm for the design work for said construction activity. 2. Payment for Engineering Services. The parties agree and understand that funding for said engineering work shall be provided by governmental grant funding which presently is held in the custody and control of Amtrak. 3. Railroad Reserves Right of Review and Approval of Plans. Railroad reserves the right to review and approve the final design and engineering plans and specifications for the realignment of track and relocated bridge produced by the consulting engineering firm prior to the commencement of I- AGREEMENT construction. Agency shall expeditiously make available to Railroad the final design and engineering plans for said construction upon receipt of said plans from the consulting engineering firm. Railroad agrees to review for approval said plans within a reasonable period of time after receipt from Agency. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers in multiple counterparts on the day and year first above written. ATTEST: tfaryAn i over, Agency t' Ser.r tar APPROVED AS TO FOIU.1: John R. Shaw, Agency Attorney 9/21/88 2 - AGREEMENT SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY By ep en r'J u Yian Title: Executi e Director THE ATCHISON, TOPEKA do SANTA FE RAILWAY CO. / k i Aa;t. Gen. Nlir. IAaintenan,e 0 0 `The Atchison, Topeka and Santa Fe Railway Company One Santa Fe Plaza 5200 East Sheila Street Los Angeles, California 90040 May 1, 1989 File: 11008768-18 City of San Juan Capistrano 31831 Gamine Gap4-� �L¢oo *t1AN10 San Juan Capistrano, CA 92675 Gentlemen: 213/267-5429 Enclosed is C.E. Drawing No. 1-07606, dated October 19, 1988, last revised August 12, 1987, which shows the correct location andInst a.' 1„fico of your facility. If your records agree with the enclosed print, as to the location of your facilities on the Railway Company's property, please acknowledge your receipt and acceptance of the print by signing in the space provided below and return both copies for execution on behalf of Santa Fe, after which a fully executed copy will be returned for your records. Please contact General Supervisor Maintenance Bruce Vaughan, in San Bernardino, Telephone (714) 387-1234 (referring to his File 11008768), at least five days in advance of time you desire to begin the installation. The advance notice is requested so that we may make arrangements for "railroad - flagging -protection, inspection and supervision” as necessary. SanmFe However, because of the possibility of prior commitments on our staff, it should be specifically noted that there may be some occasions when inspection, etc., cannot be scheduled within above -noted five (5) day period, and the installation will have to be delayed in these unusual instances. Very truly yours, Q. W. Torrpin, General Manager By C/';w. F. M. Curtis Contract Aide THE ABOVE IS UNDERSTOOD AND ACCEPTED: CITY OF SAN JUAN CAPISTRRAANO' By //L�r�j6_ cy-� Title tfrr /F 61A)ax Date A4,4y Zq , 19-2, APPROVED AND EXECUTED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By Title Assistaht Manager of Contiu 64 -- Date� / , TTF A Santa Fe Southem Pacific Company n _ vw EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CITY OF SAN c/UAN CAPISTRANO CHICAGO, ILLINOIS SCALE: 1 IN. TO 50 FT. CALIFORNIA DIV. 5AN olggo SUBDIV DATE: AUGusr 12, 1987 REV156 p i ocTOBE R I9, IgS% _70 } E n�lvin 7rock �[os Angeks ----- R/W U�— ne - E.S. 1441+40.2 MP. 197+11(o2.O N. G. wee CHIEF ENGINEER DESCRIPTION APPROVED ro tJ>, �O a 2 5 c E.S. 1441+34.0 MP. 197+111o4.2 DESCRIPTION OF PIPELINE PIPELINE SHOWN BOLD - _ R/W une ro nlot/booi aty-. VENTS: NUMBER SIZE — HEIGHT OF VENT ABOVE GROUND NOTE: CASING TO BE JACKED OR DRY BORED ONLY AT SAN JUAN CAPISTRANO, ORANCaE COUNTY, CALIFORNIA C.E. DRAWING NO. 1-07�oOCo DIV. DWG NO. DIV. FILE NO. , G. M. FILE NO. 110087(08 Afivs 19 H CARRIER CASING CARRIER CASING PIPE PIPE PIPE PPE e... ... ...... 20; SIZE: Z .. ^� LENGTH ON R/W: - N/A WA CONTENTS: � WORKING PRESSURE: N/A PPE MATERIAL: steel BURY: BASE/RAIL TO TOP OF CASING g"� ��n' SPECIFICATION / GRADE: o a BURY: NATURAL GROUND WALL THICKNESS: 3.0 o..wa• BURY: ROADWAY DITCHES 3'-O' Min. COATING: None Wa a CATHODIC PROTECTION None VENTS: NUMBER SIZE — HEIGHT OF VENT ABOVE GROUND NOTE: CASING TO BE JACKED OR DRY BORED ONLY AT SAN JUAN CAPISTRANO, ORANCaE COUNTY, CALIFORNIA C.E. DRAWING NO. 1-07�oOCo DIV. DWG NO. DIV. FILE NO. , G. M. FILE NO. 110087(08 Afivs 19 H