|
Permit No. CFVR 110216
<br /> Page] of 9
<br /> CONTRACTOR OCCUP'A�NCY/ACCESS AGREEMENT
<br /> This Agreement(hereinafter"Agreement")made this I l✓, day of NufaLl 2011 by and between California
<br /> Northern Railroad, its successors, assigns or affiliated companies (hereinafter "RAILROAD"), whose address is 1801
<br /> Hanover Dr, Suite D, Davis, CA, 95616 and Mountain Cascade, Inc. (hereinafter"CONTRACTOR"), whose address is
<br /> P.O.Box 5050,Livemore,CA 94551.
<br /> WITNESSETH:
<br /> 1. Upon payment of a one-time fee of$1500 and compliance with the provisions herein contained, RAILROAD hereby
<br /> permits CONTRACTOR to enter the property of RAILROAD, at or near Mile Post 93.61, at or near the Town of
<br /> Vernalis, in the County of San Joaquin, State of CA, for purpose of installation, maintenance, renewal or removal
<br /> (hereinafter referred to as "WORK"),of access for use of existing access road for construction purposes In order to
<br /> install an underground 90" casing under tracks (hereinafter"Stricture"). Said permit is granted for a period not to
<br /> extend beyond 60 days from the date of execution of this Agreement by RAILROAD. Provided,however,this permit
<br /> may be canceled by RAILROAD at any time CONTRACTOR is deemed by RAILROAD not to be in compliance with any
<br /> of the terms herein.
<br /> 2. The term"Contractor"shall be used to identify the party that will perform the WORK as described in Section 1,whether or
<br /> not Contractor is signatory to CFNR 110216A. If Contractor is other than Mountain Cascade,Inc.,Contractor warrants to
<br /> RAILROAD that Contractor(hereinafter termed "Third Party"), has entered into a"Contract" with Mountain Cascade,
<br /> Inc.covering the WORK to be performed in connection with Structure at said location(s).
<br /> 3. As additional consideration, CONTRACTOR agrees to reimburse RAILROAD for all cost and expense incurred by
<br /> RAILROAD in connection with the WORK. Such costs and expenses shall include,but are not limited to, fiimishing of
<br /> inspectors,watchmen and flagmen as RAILROAD deems necessary to protect its property,tracks,engines,trains and cars
<br /> and the operation thereof, the installation and removal of any necessary falsework beneath the tracks of RAILROAD and
<br /> the restoration of RAILROAD property. No vehicular crossing over RAILROAD'S tracks shall be installed or used by
<br /> CONTRACTOR without prior written permission of RAILROAD.
<br /> 4. CONTRACTOR shall give RAILROAD at least five(5) days' notice in advance of any work done upon or adjacent to
<br /> RAILROAD property under this Agreement. CONTRACTOR shall notify RAILROAD General Manager, Don Sell at
<br /> 1801 Hanover Dr, Suite D , Davis, CA, 95616, phone 530-753-7826, in advance of the start of the WORK, give the
<br /> General Manager notification of the date said WORK is completed,and also the date the Contractor's work is accepted by
<br /> Third Party.Upon completion of the WORK,CONTRACTOR shall promptly remove from RAILROAD property all tools,
<br /> equipment and materials placed thereon by CONTRACTOR and CONTRACTOR'S agents.CONTRACTOR shall restore
<br /> RAILROAD property to the same state and condition as when CONTRACTOR entered thereon and shall leave said
<br /> property in a clean and presentable condition. CONTRACTOR,after completion of construction or termination of work,at
<br /> its sole cost,hereby agrees to restore in a good and workman like manner all property disturbed by CONTRACTOR use or
<br /> construction or maintenance activities from the date of execution of this document. Said restoration shall include,but not
<br /> be limited to, any and all harm, damage or injury done to RAILROAD property and/or to any other public or private
<br /> 'property by acts or occurrences subject to Federal,State or local environmental enforcement or regulatory jurisdiction,and
<br /> shall include necessary and appropriate testing and cleanup.
<br /> 5. CONTRACTOR'S work shall be performed in accordance with plans and specifications approved by RAILROAD and in
<br /> such manner and at such times as shall not endanger or interfere with the safe operation of the tracks and other facilities of
<br /> RAILROAD at said location.No materials,tools or equipment shall be stored within ten(10)feet of the centerline of any
<br /> track. The regulations of RAILROAD and the instructions of its representatives shall be complied with relating to the
<br /> proper manner of protecting the tracks, pipelines, wire lines, signals and all other property at said location, the traffic
<br /> moving on such tracks and the removal of tools, equipment and materials.Provided, no bailment shall be created by the
<br /> storage of any materials,tools or equipment on RAILROAD property.
<br /> 6. Before said WORK, CONTRACTOR shall, at its sole cost and expense, obtain all necessary authority from any public
<br /> authorities having jurisdiction in the premises, and shall thereafter observe and comply with the requirements of such
<br /> public authority or authorities and all applicable laws and regulations. CONTRACTOR shall secure written approval by
<br /> RAILROAD of plans and/or specifications submitted to RAILROAD prior to the commencement of any WORK.
<br />
|