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Approved as to form CS -2260
<br />by General Counsel REV. 1-85
<br />December 1,. 1983 SHEET 1 of 3
<br />UNDERGROUND OR OVER EAI
<br />_ POWER ANI)/OR COMMUNICATIO14 FACILITIES
<br />E UD11T
<br />� RELMIS BJ-541.40—X(N)
<br />THIS AGREEMENT, made this �,p �t� day of A C J c„ sz, ,
<br />between SOUTHERN PACIFIC TRANSPORTATION COMPANY,
<br />a corporation, Licensor, and CITY OF COLTON, a municipaL corporation of the State of California,
<br />address: 650 North La Cadena Drive, Cotton, CaLifornia 92324 ,Licensee,
<br />WITNESSETH:
<br />1. Licensor, in consideration of Three Hundred Dot Lars ($300) -
<br />paid by Licensee to Licensor, hereby permits Licensee (subject to the provisions hereof) to construct, maintain and operate
<br />an overhead 12 KV power Line,
<br />(which together with its supports and appurtenances shall hereinafter be ter ed "facilities"), at or near Grand Terrace
<br />(Colton) , County of San Bernardino , State of Ca Li fornia , in the
<br />location shown on the attached print. LADE -05, sheet 1, dated M y. 13, 1988.
<br />2. The permissionherein granted is subject to all existing and future licenses, leases, easements, encumbrances and claims
<br />of title affecting said property of Licensor.
<br />Absence of markers does not constitute a warranty by Licensor of no subsurface installations.
<br />3 The facilities shall be installed and maintained by Licensee to the sat sfaction of Licensor and in strict conformance to
<br />the attached plans and specifications noted thereon. Clearances with respect to existing and future tracks and other structures on
<br />Licensor's premises shall be provided by Licensee to conform with all applicable orders of governmental bodies and, in the
<br />absence of such orders, with the National Electrical Safety Code.. Licensee E hall; take all precautions necessary to prevent in-
<br />terference by its facilities with existing or future railway signals, gates.or safety devices, or the telephone, telegraph or other' cir-
<br />cuits of Licensor, or of other persons on Licensor's premises with Licensor's cc nsent, whether such interference be by leakage, in-
<br />duction or otherwise. Licensee shall assume the expense of insulating any wire lines and of any other alterations to any facilities
<br />on Licensor's premises required by reason of Licensee's facilities. Before performing any work. in the vicinity of Licensor's
<br />tracks, or which would involve any excavation of Licensor's premises, Licensee shall give Licensor sufficient notice to permit
<br />Licensor to have its representative present.
<br />Prior to placing the facilities in service for any reason (testing or otherwise), Licensee shall contact Licensor's Signal Super-
<br />visor to permit Licensor's qualified signal personnel to be present at -such time to perform as Licensor so determines any test (in
<br />eludingthe evaluation thereof) to Licensor's signal communication equipment (equipment) located in the vicinity of Licensee's
<br />facilities. If, in Licensor's opinion, it is determined from such tests that the operation of Licensee's facilities interferes with nor-
<br />mal and required operation of Licensor's equipment, Licensee shall be obligated to assume the cost of whatever measures are
<br />necessary for Licensor to place the equipment in a state for its normal and proper operation_
<br />If said facilities or any portion thereof are underground, project markers in form and size satisfactory to Licensor identify-
<br />ing the facility and its owner will be installed and constantly maintained by and at the expense of Licensee at Licensor's property
<br />lines or such locations as Licensor shall approve. Such markers shall be relocated or removed upon request of Licensor without
<br />expense to Licensor.
<br />Licensor reserves the right, at any time or times that Licensor deems it n cessary, to require Licensee, at Licensee's expense,'
<br />to reconstruct, alter or change the location of Licensee's facilities_
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