Contracts & Agreements_32-2017 - Laserfiche WebLink

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CONSENT AGREEMENT- SAFETY IMPROVEMENTS RAILROAD CONTRIBUTION This consent agreement ("Agreement") between the City of Redlands, a municipal corporation ("City") and Union Pacific Railroad ('Railroad") serves as the Railroad's limited consent, subject to each and all of the terms, provisions and conditions contained herein for City to enter upon Railroad's property only as necessary for the City's performance of work related to the certain improvements at the Crossing that is depicted and described on Exhibit A ARTICLE 'I — GRANT OF LICENSE The license hereby granted to City shall commence on February 21, 2017, and continue for twelve(12)months,or until such time as City has completed its work set forth in this Agreement on Railroad's property, whichever is earlier It is understood and recognized that safety and continuity of Railroad's operations and communications must be adequately safeguarded, protected and assured City shall coordinate all of its work with the following Railroad representative or his duly authorized representative (the "Railroad Representative') Alexander Popovici The City represents and warrants that any and all of the work to be performed by City and its contractor(s) on or near the Crossing will be performed in accordance with the terms and conditions of this Agreement Further, it is understood and recognized that any and all work performed by City pursuant to this Agreement shall be done to the satisfaction of Railroad and in accordance Exhibit "A" and with City's plans and specifications for said work Each and every agreement made and/or consent granted by the Railroad pursuant to this instrument are made and/or granted on the condition that City adheres strictly to the terms, provisions, conditions, limitations, and covenants set forth herein If City hires any contractor(s)to perform any work on any portion of the Railroad's property, then City shall require each contractor to execute Railroad's then current form of Contractor's Right of Entry Agreement (the 'CROS") A draft CROE is attached in Exhibit °B " Under no circumstances will the City's contractor be allowed onto Railroad's premises without first executing the CROS, providing proof of the insurance required in the CROS, and abiding by the advance notice required in the CROS Railroad agrees to waive its administrative handling fee for the CROE In consideration of the City's cooperation and agreement to comply with the terms and conditions of this Agreement, any flagging or inspection work to be performed by Railroad and will be done at the Railroad's sole cost and expense Additionally, Railroad agrees to pay to City Eight Thousand_Dollars ($8,000) in connection with the City's work set forth in this Agreement, as depicted and described on Exhibit A City, after taking all actions necessary to complete the work will submit a written notice of completion and a billing statement for said amount, addressed to the undersigned at the Railroad After receipt of the above mentioned notice of completion and billing statement, the Railroad, in its sole discretion, shall inspect the Crossing to confirm completion of the work described in Exhibit A If said work is completed to Railroad's satisfaction and in accordance Exhibit A and with City's plans and specifications for said work, Railroads payment to City will be due and payable to the City within thirty (30) days after the later of (i) the date of completion of the work described in Exhibit A, and (it)the date City submits to Railroad its notice of completion and billing statement Railroad shall not be required to contribute any additional funding to the City 1