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LEASE AU I'1' <br />S. P. TELECOM No. a 12 3a5 <br />CALL BEFORE YOB! DIG UNDERGROUND OR OVERHEAD <br />1 -800 -AT -FIBER POWER AND/OR COMMUNICATION FACILITIES <br />CON'TROL NO. <br />Relmis: BB -490.86 <br />THIS AGREEMENT, made this 1,$ day of 1lpizll._ , 1991, <br />between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, <br />Licensor, and CITY OF COLTON, a corporation, address: 650 N. LA CADENA <br />DRIVE, COLTON, CALIFORNIA 92324. <br />, Licensee; <br />WITNESSETH: <br />1. Licensor hereby permits Licensee (subject to the provisions <br />hereof) to construct, maintain and operate overhead power line crossing <br />(which together with its supports and appurtenances shall hereinafter <br />be term "facilities"), at or near Slover, County of San Bernardino, <br />State of California, in the location shown on the attached print of <br />Drawing No. BB -490.86, dated February 9, 1991. <br />3. Upon execution hereof, Licensee shall pay -,o Licensor the sum <br />of THREE HUNDRED EIGHTY FIVE AND N0:100 DOLLARS ('385.00) partially to <br />defray cost of handling. <br />3. The permission herein granted in subject to all licenses, <br />leases, easements, encumbrances and claims of title affecting said <br />property of Licensor. <br />Absence of markers does not constitute warranty by Licensor of no <br />subsurface installations. <br />4. The facilities shall be installed and maintained by Licensee <br />to the satisfaction of Licensor and in strict conformance to the <br />attached plans and specifications noted thereon. Clearances with <br />respect to existing and future tracks and other structures on <br />Licensor's premises shall be provided by Licensee to conform with all <br />applicable orders of governmental bodies and, in the absence of such <br />orders, with the National Electrical Safety Code. Licensee shall take <br />all precautions necessary to prevent interference by its facilities <br />with existing or future railway signals, gates or safety devices, or <br />the telephone, telegraph or other circuits of Licensor, or of other <br />persons on Licensor's premises with Licensor's consent, whether such <br />interference be by leakage, induction or otherwise. Licensee shall <br />assume the expense of insulating any wire lines and of any other <br />alternations to any facilities on Licensor's premises required by <br />reason of Licensee's facilities. Before performing any work in the <br />vicinity of Licensor's tracks, or which would involve any excavation of <br />Licenser's premises, Licensee shall give Licensor sufficient notice to <br />permit Licensor to Have its representative present. <br />Prior to placing the facilities in service for any reason (testing <br />or otherwise), Licensee shall contact Licensor's local Signal <br />Supervisor to permit Licenser's qualified signal personnel to be <br />present at such time to perform as Licensor so determines any test <br />