HomeMy WebLinkAboutResolution No. 6166RESOLUTION NO. 6166
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE SIGNING OF A
TEMPORARY ACCESS AGREEMENT WITH NORTHWESTERN
PACIFIC RAILROAD COMPANY
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES
as follows:
The Mayor and City Clerk are authorized to execute, on behalf
of the City of San Rafael, a Temporary Access Agreement with North-
western Pacific Railroad Company in conjunction with the City's
Francisco Boulevard West Bridge Replacement Project, a copy of which
is attached hereto and incorporated herein by this reference.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 17th day of August, 1981, by the
following vote, to wit:
AYES: COUNCILME.MBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
JE LEONCINI, City Clerk
ti
.-Ar"IGINAL
THIS AGREEMENT, made this �-q Itt- day of ,
1981, by and between NORTHWESTERN PACIFIC RAILROAD C MPANY, c.
corporation herein termed "Railroad," and CITY OF SAN RAFAEL, a
municipal corporation of the State of California, herein termed
"city".
WITNESSETH:
1. Railroad hereby permits City, subject to the provisions hereof, to
construct, maintain and use a temporary access roadway upon and across
property of Railroad, at or near San Rafael, in the County of Marin, State
of California, in the location shown on the print of Railroad's Drawing A-
1621, dated July 2, 1981, attached and made a part hereof.
2. The permission herein given is subject to all licenses, leases,
easements, encumbrances and claims of title affecting said property.
Railroad reserves the right to construct, reconstruct, maintain and use
existing and future transportation, communication and pipeline facilities
in, upon, over, under, across and along said access roadway.
3. City, at City' -s expense, shall construct and maintain said roadway
in a good and safe condition satisfactory to Railroad.
City, at City's expense, shall keep the roadway clear of all rubbish,
debris and other material, construct and maintain roadway signs as
designated by Railroad, and install and maintain such drainage facilities
and barricades as Railroad may designate.
City agrees to reimburse Railroad for any expense incurred by Railroad
in connection with the construction, maintenance and use of said access
roadway by City.
4. City shall pay for all materials joined or affixed to said
property and for all labor performed upon said property at City's inst:3:lce
or request, and City shall not permit or suffer any mechanics' liens or
materialmen's liens of any kind or nature to be enforced against the
property of Railroad for any such work done or materials joined or affixed
thereto.
5. As a part consideration for the permission herein given, City
shall pay to Railroad the sum of Five Hundred Dollars ($500) per month (or
portion thereof), payable monthly in advance.
6. Insofar as it lawfully may, City agrees to release and indemnify
Railroad from and against all liability, cost and expenses for loss of
or damage to property of either party hereto, or third persons, and for
injuries to or death of the agents, employees or invitees of City, or
third persons, or the employees of Railroad, caused by or arising out of
the presence, construction, maintenance, use or removal of said access
roadway, regardless of any negligence or alleged negligence on the part
of any employee of Railroad. The term "Railroad," as used in this
section, shall include the successors and assigns and affiliated companies
of Railroad and the officers and employees thereof.
7. This agreement is effective as of the date first herein written
and may be terminated by either party by giving thirty (30) days' notice
to that effect to the other party. If City makes default with respect
to any covenant or condition on City's part hereunder, Railroad may forth-
with terminate this agreement by notice to City.
8. Upon termination of this agreement, the permission herein granted
shall terminate and City, at City's expense, shall leave Railroad's prop-
erty in a neat, safe and clean condition to the satisfaction of Railroad.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
NORTHWESTERN PACIFIC RAILROAD
COMPANY,
By
i e) Assistant Manap?
Contract Dept.
CITY OF SAN RAFAEL,
yor
By.
Clerk
WTFAIWd.
CITY ATT )i NE`{
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