1989 AGN MAY 02 I06 - Laserfiche WebLink

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,.gpprovcd as to form ;;i General Counsel December 1, 1983 UNDERGROUND OR OVERHEAD POWER AND/OR COMMUNICATION FACILITIES LEASE AUDIT N12 Oct 2.9 6 THIS AGREEMENT, made this 5th day of between SOUTHERN PACIFIC TRANSPORTATION COMPANY a corporation, Licensor, and CITY OF COLTON address: 650 North Cadena Drive, Colton, California 92314 WITNESSETH: April RELNIIS BJ -539.6 CS -2264 FEV. 1.85 SHEET 1 of , Licensee, Licensor, in consideration of Three—Hundred—Fifteen Dollars ($315.00) Document Preparation Fee paid by Licensee to Licensor, hereby permits Licensee (subject to the provisions hereof) to construct, maintain and operate AN OVERHEAD CROSSING OF A 12 KV ELECTRIC TRANSMISSION LINE (which together with its supports and appurtenances shall hereinafter be termed "facilities"), at or near rail station County of San Bernardino , State of California ' in the Colton location shown on the attached print. LADE -05, Sheet 1, dated January 24, 1989 2. The permission herein granted is subject to all existing and future licenses, leases, easements, encumbrar_ces and claims of title affecting said property of Licensor. Absence of markers does not constitute.a warranty by Licensor of no subsurface installations. 3. The facilities shall be installed and maintained by Licensee to the satisfaction of Licensor and in strict conformance to the attached plans and specifications noted thereon. Clearances with respect to existing and future tracks and other structures on Licensor's premises shall be provided by Licensee to conform with all applicable orders of governmental bodies and, in the absence of such orders, with the National Electrical Safety Code. Licensee shall take all precautions necessary to prevent in- terference by its facilities with existing or future railway signals, gates or safety devices, or the telephone, telegraph or other cir- cuits of Licensor, or of other persons on Licensor's premises with Licensor's consent, whether such interference be by leakage, in- duction or otherwise. Licensee shall assume the expense of insulating any wire lines and of any other alterations to any facilities on Licensor's premises required by reason of Licensee's facilities. Before performing any work in the vicinity of Licensor's tracks, or which would involve any excavation of Licensor's premises, Licensee shall give Licensor sufficient notice to permit Licensor to have its representative present. Prior to placing the facilities in service for any reason (testing or otherwise), Licensee shall contact Licensor's Signal Super- visor to permit Licensor's qualified signal personnel to be present at such time to perform as Licensor so determines any test (in- cluding the evaluation thereof) to Licensor's signal communication equipment (equipment) located in the vicinity of Licensee's facilities. If, in Licensor's opinion, it is determined from such tests that the operation of Licensee's facilities interferes with nor- mal and required operation of Licensor's equipment, Licensee shall be obligated to assume the cost of whatever measures are necessary for Licensor to place the equipment in a state for its normal and proper operation. If said facilities or any portion thereof are underground, project markers in form and size satisfactory to Licensor identify- ing the facility and its owner will be installed and constantly maintained by and at the expense of Licensee at Licensor's property lines or such locations as Licensor shall approve. Such markers shall be relocated or removed upon request of Licensor without expense to Licensor. _ Licensor reserves the right, at any time or times that Licensor deems it necessary, to require Licensee, at Licensee's expense, to reconstruct, alter or change the location of Licensee's facilities.