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Form C.S. 2260 <br />UNDERGROUND POWER <br />DISTRIBUTION FACILITIES <br />Relmis: 13-537.20-X <br />THIS AGREEMENT, made this day of , 1994, <br />between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, <br />Licensor, and CITY OF COLTON, a Public Body, address: 650 N. LaCadena <br />Drive, Colton, California 92324, Licensee; <br />WITNESSETH: <br />1. Licensor <br />hereby permits Licensee <br />(subject to the <br />provisions <br />hereof) to construct, <br />maintain and operate <br />an underground <br />power <br />distribution line, <br />(which together with its <br />supports and <br />appurtenances <br />shall hereinafter be termed <br />"facilities"), <br />at or near <br />COLTON, County <br />of San Bernardino, State of <br />California, in <br />the <br />location shown <br />on the attached print of Drawing <br />No. B -537.20-X, <br />dated <br />5-16-94. <br />2. Upon execution hereof, Licensee shall pay to Licensor the <br />sum of FOUR HUNDRED FORTY-FIVE AND NO/100 Dollars ($445.00), <br />partially to defray cost of handling. <br />:71 permission herein granted is 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 <br />no 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 <br />take all precautions necessary to prevent interference by its <br />facilities with existing or future railway signals, gates or safety <br />devices, or the telephone, telegraph or other circuits of Licensor, <br />or of other persons on Licensor's premises with Licensor's consent, <br />whether such interference be by leakage, induction or otherwise. <br />Licensee shall assume the expense of insulating any wire lines and of <br />any other alterations to any facilities on Licensor's premises <br />required by reason of Licensee's facilities. Before performing any <br />work in the vicinity of LJ- censor's tracks, or which would involve any <br />excavation of Licensor's premises, Licensee shall give Licensor suf- <br />ficient notice to permit Licensor to have its representative present. <br />