HomeMy WebLinkAboutContracts & Agreements_20-1968THIS AGREEMENT, made this day of , 1967;
by and between SOUTHERN PACIFIC COMPANY, a corporation, herein
termed "Railroad", and the CITY OF REDLANDS, a municipal corporation
of the State of California, herein termed "City".
RECITALS:
The parties hereto desire to evidence by this instrument
their agreement with respect to the installation of protective
devices at the crossing of Eureka Street, over the tracks and
property of Railroad at or near Redlands, in the county of San
Bernadino, state of California.(Crossing #BP-547.71).
AGR EEIMENT :
NOW, THEREFORE, it is mutually agreed as follows:
1. Railroad shall furnish all necessary labor, materials, tools
and equipment, to install and shall install two flashing light grade
crossing signals equipped with automatic gate arms, together with nec--
cessary actuating and operating circuits and adequate instrument housing
at said crossing. Said signals shall be located approximately as indi-
cated in red on the print of Railroad's Los Angeles Division Drawing A--
8006, Sheet No. 11 dated October 12, 1966, attached and made a part
hereof.
Such installation shall include the removal of the existing
crossing signs indicated in yellow on said print.
2. City agrees to reimburse Railroad for 50% of all cost and expense
incurred by Railroad in connection with the furnishing and installation
of said flashing light signals with automatic gate arms and appurtenances
hereinafter collectively referred to as "signals", and the removal of
the existing crossing signs.
8. Railroad shall submit to City a bill for its share of the esti-
mated cost upon completion of installation, which bill City agrees to
promptly pay. Should the actual cos+, prove, upon completion of audit,
to be more or less than such estimated cost, the difference shall be
promptly paid by City or refunded by Railroad, as the case may be.
4, Af ter nstalJ anon o said signals has been co aplc:tcd,
Railroad shall maintain same so lone as they remain in place.
Cost of maintaining said signals shall be borne and paid for by
the parties hereto in accordance with Sections 1202.2 and 1231.1
or the California Public Utilities Code. The liability of the
City of Redlands to pay said maintenance shall be limited to that
amount appropriated by the State Legislature pursuant to Section.
1231.1. The precise manner and method of determining applicable
charges, manner and method of payment and other procedures under
said sections shall be governed by any applicable decisions of the
California Public Utilities Commission.
5. The work to be performed by Railroad hereunder shall be
commenced as soon as labor and materials are available following
execution of this instrument and the issuance by the California
Public Utilities Commission of an order or resolution approving
the apportionment of the cost of maintaining said signals, and
shall be completed within one (1) year thereafter.
6. This agreement shall be binding upon and inure to the benefit
of the successors and assigns of Railroad, and the assigns of. City.
IN WITNESS W.i�EREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
SOUTHERN PACIFIC COMPANY
By .
(Title)
Attest
Assistant Secretary
CITY OF REDLANDS
By
Ivlayor
By
Clerk, Board of Superva sons
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RESOLUTION NO. 2695
A RESOLUTION OF THE CITY OF REDLANDS PROVIDING CROSSING
PROTECTION AT THE INTERSECTION OF EUREKA STREET AND
SOUTHERN PACIFIC RAILROAD CROSSING NO. BP-547.71
WHEREAS, the Southern Pacific Company desires to install
crossing protection at the intersection of Eureka Street and
Crossing No. BP-547.71; and
WHEREAS, the City of Redlands desires to provide for the
safety and welfare of the motoring public; and
WHEREAS, the crossing protection proposed by the Southern
Pacific Company would accomplish the mutual objective of the
Railroad and the City,
BE IT THEREFORE RESOLVED that the City Council of the City
of Redlands hereby approves the agreement prepared by the
Southern Pacific Company to accomplish this objective, and the
Mayor and the City Clerk are hereby authorized to sign said
agreement on behalf of the City of Redlands.
ADOPTED, SIGNED AND APPROVED this 6th day of August, 1968.
F
Vice ayor of the Ci of n
ands
ATTEST:
Cit erk
APPROVED FOR FORM:
s/ Edward F. Taylor
City Attorney