Resolution No. 5920
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RESOLUTION NO. 5920
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF A PUBLIC ROAD CROSSING
AGREEMENT BY AND BETWEEN THE UNION PACIFIC
RAILROAD COMPANY AND THE CITY OF VERNON
FOR THE INSTALLATION AND USE OF A RAILROAD
CROSSING ON JEWEL AVENUE AT 37TH STREET
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WHEREAS, pursuant to Public Improvement Agreement
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No. 12 > approved by the City Council on October 16, 1990, the
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City of Vernon has agreed to make improvements to Jewel Avenue
as a public street; and
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WHEREAS, the turning radius at the southeast corner of
Jewel Avenue and 37th Street and the turning radius at the
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northeast corner of Jewel Avenue and Vernon Avenue are partially
within the right-of-way and tracks of the Union Pacific Railroad
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Company (hereinafter referred to as "UPRR"); and
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WHERRAS, UPRR has authorized a Public Road crossing
Agreement granting
to the City the right to establish,
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construct, maintain, repair, renew, and use a public highway at
grade on and across the crossing area.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1:
The City Council of the City of Vernon
hereby finds and determines that the recitals contained
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hereinabove are true and correct.
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SECTION 2:
The City Council of the City of Vernon
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hereby approves the Public Road Crossing Agreement by and
between UPRR and the City of Vernon, a copy of which has been
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presented to the City council concurrently with this resolution
and the City council hereby orders said Public Road Crossing
Agreement to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon
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hereby authorizes the Mayor and the City Clerk to execute said
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Agreement for, and on behalf of, the City of Vernon and to
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submit same to UPRR for execution and return.
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SECTION 4: The City Clerk of the city of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 7th day of May, 1991.
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"'" ...- ~ONIS C. MALB .G, Mayo
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MALKENHORST, City Clerk
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ATTEST:
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BRUCE V.
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 5920, was duly adopted by the city Council of the
6 City of Vernon at a regular meeting of the City Council duly
7 held on Tuesday, May 7, 1991, and thereafter duly signed by the
8 Mayor of the City of Vernon.
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II BRUCE V. MALKENHORST, City Clerk
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UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
B W ZANDBERGEN
ASSISTANT VICE PRESIDENT
81
J. A. ANTHONY
DIRECTOR-CONTRACTS
D. D; BROWN
DIRECTOR-REAL ESTATE SALES
D. H lIGHTWINE
DIRECTOR-FIELD OPERATIONS
R F. NIEHAUS
DIRECTOR-SPECIAL PROJECTS
W. F. SOMERVELL
DIRECTOR-JOINT FACILITIES
ROOM 1100, 1416 DODGE STREET
OMAHA, NEBRASKA 68179
(402) 271-3753
FAX (402) 271-5493
SEP - 3 1991
Crossing:Public
Ca - Vernon
Jewel Street
CITY OF VERNON
CITY HALL
4305 SANTA FE AVENUE
VERNON, CA. 90058
Attn: City Clerk
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Gentlemen:
Attached is your original copy of our agreement, fully executed on behalf of the Railroad Company. On
all future correspondence please refer to that audit number so we may find the agreement and minimize a delays.
The Railroad Company has authorized the installation of fiber optic cable facilities on its property in
certain areas. Prior to using the Railroad ColJl>any's property covered herein, you should thoroughly review the
terms and conditions of this document and contact the Railroad ColJl>any at 1-800-336-9193 to determine if a
fiber optic cable is buried on the subject property.
In cOlJl>liance with the Internal Revenue Service's new policy regarding their Form 1099, this is to advise
you that 13-6400825 is Union or Missouri Pacific Railroad Company's correct Federal Taxpayer Identification
Number and we are doing business as a corporation.
All future insurance notices, if insurance is required by the agreement, should be forwarded to:
Director - Contracts
Union Pacific Railroad Company
1416 Dodge Street - Room 1100
Omaha, Nebraska 68179
In accordance with the terms of this agreement, 48 hours in advance of entering the right of way you
should arrange to notify our Superintendent's office:
Manager-Administration and Purchasing
Union Pacific Railroad Company
5500 Ferguson Drive
Los Angeles, Ca 90022
~i~' O~
RICHARDA.H~S- .
Contract Representative
PHC 880706
Form Approved, AVP-Law
JEWEL. PX
el7Y
COdA./'TERPARr
New
Public Road Crossing
At Vernon, Los Angeles County, California
M.P. 4.70 San Pedro Branch
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Ll THIS AGREEMENT, made and entered into as of the [tfi.., day of
~. ~ 19 q/, by and between UNION PACIFIC RAILROAD COMPANY, a Utah
corporation (hereinafter the "Railroad"), and the CITY OF VERNON, a municipal
corporation of the State of California (hereinafter the "Political Body"),
WITNESSETH:
RECITALS:
The Political Body desires to undertake as its project the
widening and improvement of the existing public road crossing at
Jewel Avenue in the City of Vernon, Los Angeles County, California
(hereinafter the "Project").
The Political Body desires the right to use for the Project
that portion of the right of way of the Railroad at Mile Post 4.91
and 4.99 (hereinafter the "Crossing Area") shown outlined in heavy
black lines on the attached print dated February 21, 1991, marked
Exhibit "A" and Legal Description marked Exhibit "CR.
AGREEMENT:
NOW THEREFORE, it is mutually agreed by and between the parties
hereto as follows:
Article I. RAILROAD COMPANY GRANTS RIGHT.
For and in consideration of the Political Body's agreement to
perform and abide by the terms of this Agreement, including Exhibits "A" , "B",
and "C", attached hereto and hereby made a part hereof, the Railroad hereby
grants to the Political Body, the right to establish, construct, maintain,
repair, renew, and use a public highway at grade on and across the Crossing
Area, together with the right of entry to control and remove from the
Railroad's right of way, on each side of the Crossing Area, weeds and vegeta-
tion which may obstruct the view of motorists approaching the Crossing Area to
trains approaching the Crossing Area.
The above legal description marked Exhibit "C" were prepared by
Political Body to identify the location of its portion of property for public
street and sidewalk purposes across the Railroad right-of-way as granted by
this Agreement. The Railroad does not warrant the accuracy of the legal de-
scriptions.
Article II. CERTIFICATE OF INSURANCE.
(a) Before any work on the Premises begins, the Political Body (as
defined in Section 8(a) of Exhibit "B" to this agreement) will provide the
Railroad with a Certificate issued by its insurance carrier providing the
insurance coverage required pursuant to Exhibit "B-1" of this agreement in a
policy containing the following endorsement:
"Union pacific Railroad Company is named as additional insured with
respect to all liabilities arising out of Insured's performance of
the work."
(b) The Political Body WARRANTS that this agreement has.been thor~
oughly reviewed by its insurance agent(s)/broker(s) and.that said
agent(s)/broker(s) has been instructed to procure insurance coverage and an
endorsement as required herein.
Article III. WORK TO BE DONE BY THE RAILROAD COMPANY.
The Railroad may make any and all changes, alterations or relocations,
whether temporary or permanent, and may provide flagging and other protective
services and devices, which in the Railroad's judgment may be or become neces~
sary or expedient because of the Project.
Article IV. EFFECTIVE DATE: TERM.
This Agreement shall become effective as of the date first herein
written, or the date work commences on the Project, whichever is earlier, and
shall continue in full force and effect until terminated as herein provided.
Article V. AGREEMENT SUPERSEDES.
This Agreement supersedes and cancels any agreement between the
parties covering the Crossing Area described herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed in duplicate as of the date first herein written.
}1;{.1l1 . ~
By
RAILROAD COMPANY
WITNESS:
A
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CITY OF VERNON, California
ATTEST:
Title:
~r!~(~;J
Its Mayor
(Seal)
APPROVED AS TO FORlf J_
BY \), \7/ \?u'~
DA V 10 B. BREARLEY
CITY ATTORNEY In '
nATED '5 IIi /1
Pursuant to Resolution/Order
No. 5920 dated May 7
1991, hereto attached.
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EXHIBIT A
UNION PACIFC RAILROAD COMPANY
lSTA8USH,.,I!HT NO'
Vernon, California
Milepost 4.91
To accompany agreement with city
of Vernon covering Rights area for
Jewel Avenue.
*** LEG END ***
Perm. Rights Area shown outlined black
Office - Director Contracts
February 21, 1991 Scale: no scale
. - PH( '880 JQ6 ,
form, Approved, AVP-law
EX!ll-'li..L~
pub I i L.~ i ghway Cross L'!9.
Sect ion I.
CONDITIONS AND COVENANTS.
(a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances.
The Political Body shall not use or permit use of the Crossing Area for any purposes other than thosedescril?ed in
this Agreement. Without I imiting the foregoing, the Pol itical Body shal I not use or permit use of the Crossing
Area for railroad purposes,.or for gas, oll.or gaSOline pipe lines. Any lines.construct~d on the Railroad:s ;
pro~rty by or under authority of the Political Body for the purpose of conveYing electric power or coomunlcatlons
InCidental to the Political Body's use of the property for highway purposes shall be constructed in accordance
with specifications and requirements of the Railroad, and in such manner as not adversely to affect coomunication
or signal I ines of the Rai I road or its I icensees now or hereafter located upon said property. No non~rty shall
be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's
written consent. Nothing herein shall obligate the Railroad to give such consent.
(b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be
required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a pUblic
highway. In the event the Railroad shall place tracks upon the Crossing Area, the Political Body shall, at its
sole cost and expense, modify the highway to conform with the rail line.
(c) The right hereby granted is subject to any existing encumbrances and rights (whether pUblic or
private), recorded or not, and also to any renewals thereof, The Political Body shall not damage, destroy or
Interfere with the property or rights of nonparties in, upon or relating to the railroad property, unless the
Political Body at its own expense settles with and obtains releases from such nonparties.
(d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area
for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right
to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and .
appurtenances on the property; also the right to cross the Crossing Area with all kinds of equipment. The
Railroad further reserves the right to attach signal, coomunication or power lines to any highway facilities
located upon the property, provided that such attachments shall comply with Political Body's specifications and
will not Interfere With the use of the Crossing Area.
(e) So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and
assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against
the Cr~ssing Area, excepting taxes levied upon and against the property as a component part of the Railroad's
operating property.
(f) If any property or rights other than the right hereby granted are necessary for the construction,
maintenance and use of the highway and its appurtenances, or for the performance of any work in connection with
the Project, the ~olitical Body Will acquire all such other property and rights at its own expense and without
expense to the Railroad.
Section 2. CONSTRUCTION Of HIGHWAY.
(a) The Pol itical Body, at its own expense, wi II apply for and obtain all publ ic authority required by
law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory
evidence that such authority has been obtained.
(b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense,
will furnish all necessary labor, material and equipment, and shall construct and complete the highway and all
appurtenances thereof. The appurtenances shall include, without I imitation, all necessary and proper highway
warning devices (except those installed by the Railroad within its right-of-way>, and all necessary and proper
drainage facilities, guard rails or barriers, and right of way fences between the highway and the railroad
tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all
temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
(c) The Railroad will receive no ascertainable benefit from the construction of the Project, and,
except as may be specifically provided herein, shal I not be required to payor contribute any part of the cost
thereof, If the Project is to be financed in whole or in part by Federal funds, all construction work by the
Political Body shall be performed, and any reimbursement to the Railroad for work it performs shall be made, in
accordance with the applicable Federal acts, regulations, and this Agreement.
(d) All construction work of the Political Body upon the Railroad's property (including, but not
limited to, construction of the highway and all appurtenances and all related and Incidental work) shall be
performed and completed in a manner satiSfactory to the Chief Engineer of the Railroad or his authorized
EXHIBIT B
Page I of 5
0589n
'. .poc' aa0'706'
Form Approved, AVP-Law
representative and in accordance with detailed plans and specifications prepared by and at the expense of the
Political Body, and approved in writing by the Rai lroad's Chief Engineer. .
(e) All construction work of the Political Body shal I be performed diligently and completed within a
reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within such
further period of time as may be specified in writing by the Railroad's General Manager. No part;of the Project
shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such
reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the
vicinity of the work wi II be in constant or frequent use during progress of the work and that IOOvement or stoppage
of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes
the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the
Rai I road.
(f) If the Project includes construction of a structure over which trains are to be operated, or for
which the Railroad has any responsibility for maintenance, the Political Body shall furnish the Railroad permanent
reproducible prints of all design and shop drawings as soon as possible after approval by the Chief Engineer of
the Railroad or his authorized representative. Upon completion of construction, the Political Body shall furnish
the Rai I road two sets of "as constructed" prints and, in addition, upon request of the Chief Engineer of the
Railroad, "as constructed" permanent reproducible prints of all or any portion of the structure.
Section 3. JNJURY AND DAMAGE TO PROPERTY.
If the Political Body, in the performance of any work contemplated by this Agreement or by the failure
to do or perform anything for which the Political Body is responsible under the proviSions of this Agreement,
shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or uSing
the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political
Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the
Railroad's Chief Engineer.
Section 4. PAYMENT FOR WORK BY THE RAILROAD COMPANY.
(ar Bi lis for work and materials shall be paid by the Pol itical Body prOOl>tly upon receipt thereof.
The Railroad will submit to the Political Body current bills for flagging and other protective services and .
devices during progress of the Project, The Railroad will submit final billing for flagging and other protective
services within one hundred and twenty (120) days after completion of the Project, prOVided the Political Body
advises the Railroad of the commencement of the 120-day period by giving the Railroad written notification of
completion of the Project.
(b) The Railroad may contract for the performance of any of its work by other than railroad forces.
The Rai I road shall notify the Political Body of the contract price within ninety (90) days after it is awarded.
Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the
Railroad for the alOOunt of the contract.
Section 5. MAINTENANCE.
(a) If the Project involves a grade crossing:
, (I) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be
maintaIned, repaired and renewed, the entire Crossing Area, except the portions between the track tie ends, which
shall be maintained by and at the expense of the Railroad.
(2) If, in the future, the Political Body elects to have the surfacing material between the track
tie ends, or between tracks if there IS IOOre than one railroad track across the Crossing Area, replaced with
paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall
Install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is
necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the Political Body
shall bear the expense of such repairs or replacement,
(b) If the Project involves a public highway crossing under the Railroad's tracks:
(I) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be
maintained, repaired and renewed, the entire substructure of the highway-railroad grade separation structure.
(2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained
and repaired, the entire superstructure of the highway-railroad grade separation structure.
(c) If the Project involves a public highway crossing over the Railroad's tracks, the Political Body
sha!l, a! its own.sole expense, maint~in, repair, and renew, or cause to be maintained, repaired, and renewed, the
entire highway-railroad grade separation structure.
EXHIBIT B
P~g~ 2 of 5
0569n
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'.PHC 880706
Form.Approv~d, AVP-Law
Sect ion 6.
CHANGES IN GRADE.
If at any time the Railroad shall elect, or be required by competent .authority to, raise or lower the
grade of all or any portion of the track or tracks located on the Crossin9 Area, the Po itical Body shall, at its
own expense, conform the pUblic highway in the Crossing Area to conform with the change of grade of the trackage.
Section 7. REARRANGEMENT OF WARNING DEVICES.
If the change or rearrangement of any warning device installed hereunder is necessitated for pUblic or
Railroad convenience or on account of improvements for either railroad, highway or both, the parties will
apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a
competent authority before the change or rearrangement is undertaken.
Section 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS.
It is understood and recognized that safety and continuity of the Railroad's operations and
communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected
and assured, and in order that accidents may be prevented and avoided, it IS agreed with respect to all of said
work of the Pol itical Body that the work wi I be performed in a safe manner and in conformity with the following
standards:
(a) Definitions. All references in this Agreement to the Political Body shall include the Political
Body's contractors, subcontractors, officers, agents and employees, and others actln9 under its or their
authority; and all references in this Agreement to work of the Political Body shall Include work both within and
outside of railroad property.
(b) Compliance With Laws. The Political Body shall comply with all applicable federal, state and local
laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are
consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the
officers, agents, ~ oyees and property of the Railroad and the public in general. The Political Body (without
limiting the generality of the foregoing) shall comply with all ap~licable state and federal occupational safety
and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is
performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws,
regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged
against the Railroad, the Political Body shall reimburse and Indemnify the Railroad for any such fine, penalty,
cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body
further agrees In the event of any such action, u~n notice thereof being provided by the Railroad, to defend such
action free of cost, charge, or expense to the Railroad.
(c) No Interference or Delays. The Political Body shall not do, suffer or penmit anything which will
or may obstruct, endanger, Interfere With, hinder or delay maintenance or operation of the Railroad's tracks or
facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of
others lawfully occupying or using the Rai Iroad's property or facilities.
(d) Supervision. The Political Body, at its own expense, shall adequately police and supervise all
work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the
safety of.whom or of which the Railroad may be responsible, or to property of the Railroad. The responSibility of
the Political Body for safe conduct and adequate policing and supervision of the Project shall. not be lessened or
otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in
performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance
by the.Political Body With any requests or recommendations made by such representatives. If a representative of
the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and
rec~ndations made by such representative for the safety and protection of the Railroad's property and
operat IOns.
(e) Suspension of Work. If at any time the Political Body's engineers or the Chief Engineer of the
Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being
or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body
shal! il1"Jrediately suspend the work untj I suitable, adequate and proper protective measures are adopted and
prov Ided. ,
. (f) Removal of Debris. The Political Body shall not cause, suffer or penmit material or debris to be
depoSited or cast upon, or~ide or fall upon any property or facilities of the Railroad; and any such material
and debris shall be pr~tly removed from the Railroad's property by the Political Body at the Political Body's
own expense or by the RaIlroad at the expense of the Political Body. The Political Body shall not cause, suffer
or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.
(g) EX~losives. The Political Body shall not discharge any ex~losives on or in the vicinity of the
Railroad's proper y Without the prior consent of the Rai Iroad's Chief Engineer, which shall not be given if, in
the sole discretion of the Railroad's Chief Engineer, such discharge would be dangerous or would interfere with
the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall
EXHIBIT B
Page ~ of S
0589n
. .PHC 880706 .
form Approved, AVP-law
be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that
the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or
interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to
impose such conditions, restrictions or limitations on the transportation, handling, storage. security and use of
explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary. desirable ~r
appropriate. In addition to any conditions, restrictions or limitations as may be specifically imposed:
(I) Unless the Railroad's Chief Engineer agrees otherwise, the Political Body shall provide no
less than 48 hours notice, excluding weekends and holidays, before discharging any explosives.
(2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be
discharged on the same day during daylight hours, and at mutually acceptable times.
(3) The Political Body, at its own expense, shall take all precautionary measures and construct
all temporary shelters necessary to guard against danger of damage, destruction or interference arising out of or
connected with any blasting or any transportation, handling, storage, security or use of explosives.
(4) The Political Body shall require explosives to be transported, handled, stored or otherwise
secured and used in a manner satisfactory to the Railroad and in accordance with local, state and Federal laws,
rules and regulations, including, without limitation, United States Department of labor, Bureau of labor
Standards, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U--"Blasting and the Use of
Explosives"; and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR
Part 1910, SUbpart H--"Hazardous Materials".
(h) Obstructions to View. Except as otherwise specifically provided herein, the Political Body shall
not cause or permit the view along the tracks of the Railroad to be obstructed, nor place any combustible material
on the premises, nor erect any structures thereon. If public law or regulation requires control or removal of
weeds or vegetation on each Side of the Crossing Area. the Pol itical Body wi II perform such control or retroval
work without expense to the Railroad or, if the Political Body may not laWfully perfonm the control or retroval
work, reimburse the Railroad for the cost of perfonming such control or remova. If the crossing is not equipped
with automatic train activated warning devices with gate arms:
(I) The Political Body shall control or remove weeds and vegetation within and on each side of the
Crossing Area so that the view of approaching motorists to approaching trains is not obstructed by weeds or
vegetatIOn; and
(2) Insofar as it may lawfully may do so, the Political Body will not permit non-parties to
construct sight obstructing buildings or other permanent structures on property adjacent to the right-of-way.
(i) Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes
which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between
existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any
work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities.
The Political Body, at its own expense, sha I install and maintain adequate shoring and cribbing for all
excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other
work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the
Railroad's Chief Engineer to Withstand all stresses likely to be encountered, including any stresses resulting
from vibrations caused by the Railroad's operations in the vicinity.
(j) Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain
suitable faciliTies for draining the highway and its appurtenances, and shall not suffer or permit drainage water
therefrom to flow o~ collect upon property of the Railroad. The Political ~y, at the Political.Body's ~n. .
expense, shall prOVide adequate passageway for the waters of any streams, bodies of water and drainage facilities.
(either natural or artificial, and including water from the Rai road's culvert and drainage facilities), so that
said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or
caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others.
The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.
(k) Notice. Before commencing any work, the Political Body shall provide 48 hours prior notice
(excluding weekends and holidays) to the Rai road's Chief Engineer.
(I) Fiber~tic Cables. Fiber optic cable systems may be buried on the Railroad's property.
Protection of the fl r optiC caole systems is of extreme importance since any break could disrupt service to
users resulting in business interruption and loss of revenue and profits. Po itical Body shall telephone the
Railroad at 1-800-3~-9193 (a 24-hour number) to detenmine if fiber optic cable is buried anywhere on the
Rai Iroad's premises to be used by the Pol itical Body. If it is, Pol itical Body wi I I telephone the
telecommunications company(ies) Involved, arrange for a cable locator, and make arrangements for relocation or
other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.
EXHIBIT B
Pctg~ 4 of5
0589n
. urHC '880;06
Fo~m Approved, AVP-Law
Section 9.
INTERIM WARNING DEVICES.
If a1 anytime it is detenmined by a competent authority, by the Political Body, or by agreement
between the parties, that new or improved train activated warning devices should be installed at the Crossing
Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate
vehicular control measures to protect the motoring pUblic until the new or improved devices have been installed.
Section 10.
OTHER RAILROADS.
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad
and any other railroad company lawfully using the Railroad's property or facilities.
Section II. REMEDIES fOR BREACH OR NONUSE.
(a) If the Political Body shall fail, refuse or neglect to perfonm and abide by the tenms of this
Agreement, the Railroad, in addition to any other rights and remedies, may perfonm any work which in the judgment
of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace, endanger
or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the
Political Body will reimburse the Railroad for the expenses thereof. .
(b) Nonuse by the Political Body of the Crossing Area for pUblic roadway purposes continuing at any
time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this
Agreement and of all rights of the Political Body hereunder.
(c) The Political Body will surrender peaceable possession of the Crossing Area upon tenmination of
this Agreement. Tenmination of this Agreement shall not affect any rights, obligations or liabilities of the
parties, accrued or otherwise, which may have arisen prior to termination.
Section 12. MODIFICATION - ENTIRE AGREEMENT.
No waiver, modification or amendment of this agreement shall be of any force or effect unless made in .
writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of
such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not
affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and
made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and
supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work
or any part thereof.
Section 13.
ASSIGNMENT; SUCCESSORS AND ASSIGNS.
fhis Agreement shall not be assigned without the written consent of the Railroad. SUbject hereto, this
Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns.
EXHIBIT B
Page 5 of 5
0589n
P!1ClPHf 'INS 880706
fXHIBIT B-1
Publ ic Road
Insurance Requirements
,
Political Body and/or~its Contractor/Subcontractor shall, at its own and/or its
Contractor's/Subcontractor's sole cost and expense, procure the following kinds of insurance and .
promptly pay when due all premiums for that insurance. If it so elects, Railroad shall have the right
to obtain such insurance and Political Body shall promptly reimburse Railroad for that expense. The
following insurance shall be kept in force during f~e Ii fg €If tki3 ^~re.:....."l. ~'fU:",.
General Public Liability insurance providing bodily injury, including death, personal injury
and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or
claim and a general aggregate limit of at least l4,OOO!000. This insurance shall provide Broad
Form Contractual LiabIlity covering the indemnity provisions contained in this Agreement,
Underground Hazard, Broad Form Property Damage, a waiver of governmental inmJOity (ISO Form Gl 24
14 or equivalent), severability of interests and narm Railroad as an additional Insured with
respect to all liabilities arising out of Political Body's obligation to Railroad in the
Agreement. If coverage is purchased on a "claims made" basis it shall provide for at least a three
(3) year extended reporting or discovery period, which shall be invoked should insurance covering
the tirm period of this Agreement be cancelled.
AutOlOObi Ie Publ ic Liabi I ity insurance providing bodi Iy injury and property damage with a
combined single limit of at least $2,000,000 each occurrence or c aim. ThIS insurance shall
provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor
vehicles including hired and non-owned! mobile equipment to the extent it may be excluded from
general I iabi lity insurance, severabi llty of interests and narm Rai I road as an additional insured
with respect to all liabilities arising out of Political Body's Obligation to Railroad in the
Agreement.
Worker's Compensation insurance covering the statutory liability as determined by the
compensation laws of the state(s) affected by this Agreement and E~ oyers' Liability with a limit
of at least $1,000,000. Also compliance with all laws of states which require participation in
their state workers' compensation fund.
Railroad Protective Liability insurance naming Railroad as insured with a combined single
limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy form shall be
MR-MSHTO with broad form coverage for "Physical Damage to Property" (ISO Form Gl 00 30) or as
revised ISO-RIMA (Form CG 00 35) and include pollution arisin~ out of fuels and lubricants brought
to the job site (ISO form CG 31 or equivalent>. If the Lloyd s London policy form is used, limits
shall be $3,OOO!000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date
sha!1 b~ determined by adding the length of the original policy period plus one year to the policy
expiratIon date.
The Political Body and/or its Contractor/Subcontractor hereby waives its right of subrogation,
as respects the above insurance policy(ies), against Railroad for pa~nts made to or on behalf of
employees of Political Body or its agents and for loss of its owned or leased property or property under
its care, custody and control while on or near Railroad's right-of-way or other real property.
Political Body's and/or it Contractor's/Subcontractor's insurance shall be primary with respect to any
insurance carried by Railroad.
Political Body and/or its Contractor/Subcontractor shall furnish to Railroad certificate(s) of
insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate
original of any of those policies. The Insurance correany(ies) iSSUing such policy(ies) shall notify
Rai I road in Writing of any material alteration including any change in the retroactive date in any
"claims~de" policies or substantial reduction of aggregate limits, if such limits apply, or
cancellation thereof at least thirty (30) days prior thereto.
The insurance policy(ies) shall be written by a reputable insurance company or companies
acceptable to Railroad or with a current Best's Insurance GUide Rating of B and Class VII or better.
Such insurance company shall be authorized to transact business in the state(s) affected by this
Agreement.
Exhibit B-1
Page I of I
06760
LEGAL DESCRIPTION
The real property located in the city of Vernon, County of Los
Angeles, state of California, more particularly described as
follows:
Parcell;
That portion of Lot 5 of Chipley and Baker Tract, in the
City of Vernon, in the County of Los Angeles, state of
California, as shown on map filed in District Court Case
No. 2672, and being the same as Clerk's Filed Map No. 65
on file in the office of the County Recorder of said
County, and that portion of the Rancho San Antonio, in
said city, County and State, as per map recorded in Book
1, Page 389 of Patents, in said office 'of the County
Recorder, described as follows:
Beginning at the ~outheasterly corner of the land
described in the Grant Deed to the City of Vernon;
recorded February 2, 1967, in Book D3548, Page 605 of
Official Records, in said office of the County Recorder,
said corner being a point in the westerly line of the 17
feet ~ide strip of land (now a right-of-way of the Union
Pacific Railroad Company) lying westerly of and adjacent
to the westerly line of Lot 2, Tract No. 2455, in said
Ci ty , county and State, as shown. on the map of said
Tract, recorded in Book 32, Pages 47 and 48 of Maps;
thence southerly along the westerly line of said 17 feet
wide strip to the true point of beginning at the
beginning of a tangent curve, concave northeasterly and
having a radius of 44.25 feet, said curve being tangent
at its easterly terminus. to a line parallel with and
distant 5.00 feet northerly, measured at right angles
from the northerly line of East Vernon Avenue, 40 feet
wide, as shown on the map of said Tract No. 2455; thence
southeasterly along said curve to an intersection with
the easterly line of said 17 feet wide strip; thence
southerly along said easterly line of the 17 feet wide
strip to said northerly line of East Vernon Avenue;
thence westerly along said northerly line to said
westerly line of the 17 feet wide strip; thence northerly
along said westerly line to the TRUE POINT OF BEGINNING.
Earcel 2:
That portion of Lot 5 of Chipley and Baker Tract, in the
City of Vernon, in the County of Los Angeles, State of
california, as shown on map filed in District Court Case
No. 2672, and being the same as Clerk's Filed Map No. 65.
E).~.b;r L
Pc.. 1.. 0+ 2..
. '..
on file in the office of the County Recorder of said
County; and that portion of the Rancho San Antonio, in
said City, County and State, as per map recorded in Book
1, Page 389 of Patents, in said office of the County
Recorder of said County described as follows:
Commencing at the intersection of the westerly line of
Lot 2 of Tract No. 2455, in said City, County and State,
as per map recorded in Book 32, Pages 47 and 48 of Maps,
in said office of the County Recorder, with the southerly
line of the land described in the Grant Deed to the City
uf Vernon recorded May 10, 1966, as Instrument No. 509
of Official Records, in said office of the County
Recorder: thence easterly along said southerly line 39 ~ 72
feet, more or less, to the easterly terminus of a curve
concave southeasterly, having a radius of 42 feet and a
central angle of 60., said curve being tangent at said
easterly terminus to said southerly line and tangent at
its westerly terminus to a curve, concave easterly and
having a radius of 135.50 feet, which last curve is
tangent at its southerly terminus to the westerly line
of the 17 feet wide Union Pacific Railroad Right-of-way
whiCh lies westerly of and adjacent to the westerly line
of sdid Lot 2 as shown on the map of said Tract No. 2455;
thence southwesterly along said curve of radius 42 feet,
t.hrough said central angle of 60. an arc distance of
~J.98 le~t to said tangent curve of radius 135.50 feet;
th\i!r~cc :.)uuLhwesterly along said last mentioned curve to
an int~L'~e-.;tion with the westerly line of said Lot 2 and
the TRUE POINT OF BEGINNING; thence continuing
southwesterly along said curve of radius 135.50 feet to
said point of tangency in the westerly line of the Union
Pacific Railroad Company Right-of-Way: thence northerly
along said westerly line to the southwesterly corner.of
the land described in the Easement Deed to the City of
Vernon, recorded March 9, 1972, in BOOK D5385, paqe 199
of said Official Records; thence easterly 17 teet along
t~e southerly line of said last mentioned deed to said
westerly line of Lot 2, Tract 2455; thence southerly
along said westerly line to the TRUE POINT OF BEGINNING.
E)l.h,b;-r c..
PL7 2. of 2.
CITY COUNCIL ~ OFFICERS
BRUCE V. MALKENHORST
LEONIS C. MALBURG, Mayor '
THOMAS A. YBARRA, Mayor Pro-Tem City Administrator~City Clerk
Wm. "BILL" DAVIS DAVID B. BREARLEY,
H. "LARRY" GONZALES City Attorney
W. MICHAEL McCORMICK
VICTOR H. VAITS,
TELEPHONES Director of Community Services
CITY CLERK ................583-8811 KENNETH J. DEDARIO
POLICE DEPT . ..............587-5171 Director of Water & Power
FIRE DEPT 583-4821 LARRY SPADT,
BUILDING DEPT 583-8811 Fire Chief
PUBLIC WORKS DEPT........ 583-8811
HEALTH DEPT . .............583-8811 CITY HALL LOUISROSENKRANTZ
Police Chief
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 In Reply Refer to:
April 30, 1991
City Council
City of Vernon
Honorable Members:
Transmitted herewith is the proposed Crossing Agreement for Jewel
Avenue from Union Pacific. Railroad. This has been reviewed by the
Director of Community Services and the City Attorney, and it is
hereby recommended that said agreement be approved and executed.
Very truly yours,
G//G~~~
Bruce V. Malkenhorst
City Clerk
BVM/hr
„~,~i~> ~
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~ `yam
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` 2
April 17, 1991
TO: David B. Brearley, City Attorney
FROM: Victor H. Vaits, Director of Community Services ~v
SUBJECT: JEWEL AVENUE DEDICATION - UNION PACIFIC RAILROAD
Please review the proposed crossing agreement for Jewel
Avenue from Union Pacific Railroad. I believe that it is similar
to the Slauson and Malburg Way agreement. If acceptable please
approve as to form and forward to Gloria for Council approval.
VHV:ps
Attach~me~nt
cc:G''Gloria/memo onl
Y
~~1 l
s-=
a1
. - -
-
ray 8 , _ 1991
To: Victor Vaits, Director of Community Services
From: Gloria J. Orosco, Chief Deputy .City Clerk
Re: RAILROAD, CROSSING AGREEMENT - JEWEL AVENUE
Dear Victors
Enclosed herewith are two duplicate originals of the. above referenced
agreement and a copy of .Resolution No. 5920 which approves same.
P1'ease forward the agreements to the proper representative of `Union
Pacific Railroad for execution, and instruct them to return one'-:fully
executed agreement to my attention.
Thank you.
GJ0/hr
Enclosures