RES 85505 - Laserfiche WebLink

completion date of Stage 1 within thirty (30) days after completion of Stage 1. 8. Maintenance Route. City and SPTCo shall provide suitable driveway openings, median openings and/or access points across SPTCo's operating right-of-way (not including parcels B, C, and D as shown on Exhibit A) to allow the convenient passage of railroad off track maintenance equipment. SPTCo shall grant to WPRR a nonexclusive easement for an unimproved roadway for the movement of off track maintenance equipment in the shaded area shown on Exhibit A ("Maintenance Easement"). SPTCo shall reserve said Maintenance Easement inits conveyance to City of a transverse crossing easement pursuant to Paragraph 13 for the at-grade crossing of Valley Avenue. 9. Field SUrveys. Railroads shall give prompt permission to agents of City to undertake engineering field surveys and foundation investigations as necessary for design of the said underpass. City will comply with ordinary railroad requirements for obtaining such rights-of-entry, including without limitation requirements for indemnifying railroads for all injuries or damages resulting from the presence of such agents. 10. Private Crossings. a. It is understood that this Agreement is based upon the parties' intention that private crossings in the vicinity serving Kaiser Sand & Gravel (approximate MP D-42.2 and MP BO-67.3 SP; 42.9 WPRR) ("Kaiser Private Crossing"), P.G.& E. Co. and Pleasanton Ready Mix Concrete, Inc. (approximate MP D-42.2 SP and BO-67.6 SP) and Pleasanton Garbage Service, Inc. (approximate MP BO-67.3 SP) will be closed to all vehicular and pedestrian traffic. b. City shall be responsible for providing adequate and reasonable alternate access, if required, to public streets for the users of said private crossings. c. City agrees that its amended or substitute application for a grade separation for the Valley Avenue Extension shall not modify or dilute portions of the PUC Decision 85-08-037 of August 7, 1985 pertaining to purported safety measures for the Kaiser private crossing. d. SPTCo and WPRR shall cooperate fully in City's efforts, and, upon request from City, will exercise any legal rights or options which either SPTCo or WPRR may have with respect to said private crossings. e. City will exercise best efforts to cause closure of the Kaiser private crossing and will work in cooperation with the railroads to cause such closure to take place in conjunction with completion of Stage 2 but in view of purported safety measures provided in Decision 85-08-037, this shall not be construed as a guarantee of closure. - 5 -