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11. Costs. <br /> <br /> a. In recognition of the fact that all of the <br /> crossings which are the subject of the application will be <br /> new public crossings, the entire cost of construction and all <br /> other project costs, excluding track work changes described <br /> in paragraph 3(b) (Busch Road crossing), paragraph 6 <br /> (modification of shoofly) or paragraph 7 (realignment of <br /> SPTCo tail track), will be borne by City. <br /> <br /> b. In the event of any litigation regarding closure of <br /> the private crossings described in paragraph 10, City will be <br /> responsible for the cost and control of the litigation. <br /> Should it become necessary, City will be responsible for <br /> paying any money judgment which the court may levy upon the <br /> railroads or the City as a result of such litigation. <br /> Railroads shall cooperate fully in such litigation and shall <br /> make railroad staff time available if reasonably necessary as <br /> part of any such litigation. City shall provide railroads <br /> with reasonable advance notice of any proposed settlement and <br /> City shall not settle without consent of railroads, which <br /> consent shall not unreasonably be withheld. Railroads shall <br /> consent to a proposed settlement which permits Kaiser <br /> continued use of the Kaiser Private Crossing for right turn <br /> only access on to Stanley Boulevard to a date no later than <br /> June 30, 1995 and which otherwise does not adversely affect <br /> railroads. <br /> <br /> 12. Future Service to Industries. If the railroads should <br />in the future desire to serve industries from the SPTCo tail <br />track (Section 7), the City shall not oppose any efforts by the <br />railroads to serve these new industries from the track facilities <br />remaining after implementation of this agreement. <br /> <br /> 13. Railroad Right-of-Way Crossings. SPTCo and WPRR shall <br />grant to City their usual form of easements for the areas <br />reasonably needed for the transverse crossings of operating <br />railroad right-of-way for the Valley Avenue and Busch Road <br />crossings at the locations shown in PUC Application No. 83-12-29, <br />as amended or substituted. Such easements may include a <br />reservation for communications purposes (including but not <br />limited to fiber optic cable and appurtenances). <br /> <br /> 14. Right of Entry to Construct Stage 1. WPRR and SPTCo <br />shall grant the City a right of entry to construct Stage 1 <br />subject to execution by City of the usual forms of agreement used <br />by the railroads, following authorization of the project by the <br />California Public Utilities Commission. <br /> <br /> 15. Conveyance of Property for Portion of Valley Avenue. <br />SPTCo shall convey to City all its right, title and interest to <br />Parcels A-1 and A-2 as shown on Exhibit A, except fee title below <br />500 feet without the right of surface entry and a reservation <br />within Parcel A-2 only for communication purposes (including but <br />not limited to fiber optic cable and appurtenances). SPTCo shall <br />convey Parcels A-1 and A-2 prior to City's commencement of Stage <br /> <br /> - 6 - <br /> <br /> <br />