HomeMy WebLinkAbout74-026RESOZUTION N0. 74- 26
1tESOLUTION AUTHOZi.xZTNG AGREEMENT BETWEEN COUNTY OF BITTTE
ADFD SOUTHERI3 PACIE`IC COMPANY
RE
FOLSOM STREET CROSSING C-Z91.4, NORD
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BE IT RESOLVED by the Board of Sapervisors of the County of Butte,
State of Ca7.i~oxni.a, as follows:
7.. That said Board hereby approves that certain indenture made the I
19th day of February , 1974, by and between SOUTHERN PACIF~C CQM1'ANY '
and COUNTY OF BUTTE, covering the instiallation of automatic signal protection
at Southern Pacific Crossing C-191.4.
2. The Chaix7nan of this Board is hereby authorized to execute, on
behalf of the Coun~y of BueCe, said indeature, and his signature attested to by
the Clerk of this Board, and acknowledged.
3. Tfiat a certified copy of this Resolution be attached by Che Clerk
of said Board eo said indenture and ehe required copies thereof.
PASSED AND ADOPT~D by the Board of Super~visors of the County of ButCe,
State of California, this 19th day of Febxuary , 1974, by the
following vote:
AYES: Supervisors Cameron, Gi.lman, Ladd~ i~IcKi7.lop and Chairman Madigan
NOES: None
ABSENT: None
NOT VOTTNG: None
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hairman, Board Supervisors ~
County o~ Butke, ake of Ca7.ifornia i
ATTEST: Clark A. Nelson, County Clerk
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Clerk or Aeputy
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Mi.le Post C-191.4-C
THIS AGREEMEN'I', rnade this day of ~
1974, by and between SOUTHERN PACIFI~ ~~~~P~~~ATIOi~1 CONIPANY~ a
corporation, herein ~ermed "Railroad," and COUNTY OF BUTTE, a
political subdivision o~ the State of California, 7 County Center
Dr3.ve, Oroville, California 95965, herein ~ermed "Cou.nty";
RECITALS~ ... .
The parties hereto desire to evidence by this ~
instrument their agreements with respec~ to the
improvement of grade crossing and protectiv° devices
at the crossing of Folsom. Street, over tracks and
property of Railroad at or near I3ord, in ~he County
of Butte, State of Cali~ornia tCrossin; Ne. C-191.4).
AGREEMENT~ . -
NOW~.THEREFORE,. it is mutually agreed as foZlows:~ .
-~ 1. Rai.Iroad shall furnish al1 necessary Iabor, ma.~erials, -
too~s and equipment to install az~d shall instal~ two t2) flashing
light grade crossing sa.gnals equipped with au.tomatic gate arras,
together with ac~uating and opera~ing circv.its and adequate in-
s~Cxumen~ hous~.ng, hereinafter collectively refer~ed. to as "signa~s~4T
at said cross~ng. Said signals snall be located approximately as
~in.dicated on ~Che print o~ Railroad's Sacramen~o Di.vision Drawing
No. U-2539, dated March 15, 1973, attached-and rra.de a part hereof.
Such installation sha11 include the removal a~ the exi.sting crossing
signs. , :
2. Count~ agrees ~o reimburse Railroad for fi~ty percent
t50%) of a~1 cost and expense incurred by Railxoad in cannection with
the furnishing and instal.lation of said sigr,als and removal of the
existing crossin; signs. The estima~ed cost to County is $17;275.
3. Notwithstanding Che apportionment of canstruc~ion and. ,
maintenance costs to. be incurred by Railxoad as hereinabove set
~orth, should County be al.lot~ed Federal funds far al]. ar a por- -
Cion thereo~, Railroad. shall be xeimbursed in accordance ~rith _...
~ applicable laws and regulations; and Railroad's right.,to reim-
bursement sha11 not be l.a~mited by any other prova.sion of this ~
agreement. .
' County shal.l reitnburse or arrange for reimbursement to
~ Railroad promptly upon receipt of bi11s for Cour.tyts share of .
cpnstrucfiion expenses incurred by Railroad.
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Coi~.nty, upon being inforned that an allotment.of said £unds
has been made to County for construction or ~.nstallation herei~n.-
above contemplated, shall immediately no'tify Ra.i.lraad of such
allotment. . .
4, F]'pon completion of work ~or which County is obligated
to reimburse Railroad, Railroad sha13. submit to County a bi11
for sixty percent (60%) of Countyts share of the.estimated cast
to Railroad in performing such work, ~ahich bi11 Coun~y agrees to
pramptly pay. .
Upon compl.etion of final audit, should County's share of :
the actual cost and expense pro~cre to be rnore ar less Chan the
~ amount billed to Coun~y, the dif~erence sha11 ba promptly paid
by Covnty or prora~tly refunded by Railroad, as the case raay be.
~ 5. '£he work to be performed by Railroad hereund.er sha7.1 ~
be co~nenced as soon as ~abor and materials are avai~abZe,:'
foll.owing execution af this instrumant, and shall b2 completed .
ear thereafter. ~ '
raithin ane t ~- ) Y .. : _. _ _ _. ;.. .
6. After installation of said crossing pxotective signa.ls
has been completed, Railroad sha11 physical~y ma.intain them as :
~ong as they remain a.n place. ._
Irrespective of the source of constructian funds and the :
resultant method o~ apportioning the cost of constructing crossing
~ -protective signals, the cost a~ maintaining saic~ signals si~.ali
be borne and paid fifty percent ~50%) by Razlroad and fifty per-` --
cen~ t50%) by County; and CountyTS liability for such maintenance
cos~C sha11 be Zimited to s~ch funds as are set asid.e for a7.loca-
. tion by ~he California Fu.blic Utilit?es Commissian pursuant to
Sectio~n. 1231.1 0~ the California Public Utili~ies Gode, pravided.
' that if Fed.eral funds for maintenance become available Railroad
shai7. be reimbursed to th.e extent of such availabiliCy. The
pxecise manner and method of determining.apgiicab~e charges, n~anner
and ~nethod of payment and other procedures under said section.sha.~l
be govexzled by any applicable deczsions of the California Public
Utilities Cammission.
7a Any con.tractor performing work on Che.pzoperty of Railroad. _,
orx behalf of County in conn.ection with work conte:nplated. hereunder ~
sha~l execute Railroad's standard form o~ Contractor's Agreemen~
priox- to commencing any work on Razlroad's premises. :~`'-
~ 8. County shall ob~ain any go~vernmental authority whieh
may be requixed in. connection with Che work contemplated..
~
9, Railroad hereby permits County to entex upon the property
of l~ailroad at said ~ocation. to cotranence constrfacCion •wortc in ~
connection with the Folsam Street Crossing. Grantee agxees Co
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promptly execute Railroad's standard form of highway easement
with respect to said crossing upon presentation of same.
~0. County does not assume any 1.iabzlity f~r injury or
damage to any person or property ~ncident to or ~hat may arise
during and in consequence of the construction, re,~intenance an~
opexation of the signals referred to hexein. •
llo This agreement shall be binding upon a~d inure to the
benefit of the successors and assigns of Ra.ilro~~ and the assigns .
o~ County.
~N W~TNESS WHEREOF, ~he parties hereto hav~ caused. these
presen~s to be executed in dup~icate the day anct year first herein
written. .
SOUTHERN PACIFIC TR~~SYORTATTON COMi.'ANY
; : By ~ . ~ ~.. :.
, Tit e --
A-~ Rv^',':"~ A5 TC FG'R".4 .
8u'r'e County Counsel ,
. Daniel V. Blac4si~oc4 COZINTY' OF S[TTTE
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