1998 AGN MAR 17 I19 - Laserfiche WebLink

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MEMORANDUM OF UNDERSTANDING REPAIR AND REMOVAL OF GRADE CROSSINGS IN CITY OF COLTON 1. PARTIES AND DATE. This Memorandum of Understanding ("MOU") is made and entered into this 17th day of February , 1998 by and between Union Pacific Railroad Company ("UPRR:'), a Utah corporation with its principal place of business located at 1200 Corporate Center Drive, Monterey Park, California 91754, and the City of Colton ("City"), a municipal organization operating under the laws of the State of California and located at 650 North La Cadena Drive Colton, California 92324. 2. RECITALS. 2.1 UPRR, as successor in interest to Southern Pacific Transportation Company ("SP"), has applied to the City for a permit to construct a new track connection from the Burlington Northern and Santa Fe Railway main line to the former SP main line (hereinafter referred to as the "New Track Project"). 2.2 The City has requested that certain grade crossing repair and removal work be accomplished on the SP San Bernardino and Riverside branches within the jurisdictional boundaries of the City as part of the overall New Track Project (hereinafter referred to as the "Repair Work"). The Repair Work is more particularly described in Exhibits "A' and `B" attached hereto and incorporated herein by reference. UPRR is willing to perform the portion of the Repair Work described in Exhibit "A" attached hereto at its sole cost and expense as a condition to receiving its permit to construct the New Track Project ("hereinafter referred to as the "UPRR Work"). The City shall provide that portion of the repair Work described in Exhibit "B" attached hereto (hereinafter referred to as the "City Work"). 2.3 UPRR and City desire to enter into this MOU to allocate responsibility and to establish a schedule for the Repair Work to be accomplished. 3. TERMS. 3.1 UPRR promises and agrees to furnish all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the UPRR Work at its sole cost and expense to the reasonable satisfaction of the City's Public Works Department. UPRR shall ensure that all UPRR Work is performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals performing such work in the State of California. RVPUB\DRD\36454