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<br />. <br /> <br />1-66= I jB4:';"'." <br /> <br />. ' <br /> <br />.' , <br /> <br />such systems shall not unreasonably interfere with the rights granted to the public <br />herein. <br /> <br />7, Any plans for construction or maintenance of such systems shall be <br />furnished to the City prior to the work being performed in order for the City to <br />determine in good faith whether or not such work would unreasonably interfere with <br />the drainage facilities. City, at least five (5) days prior to performing any digging <br />activities on the premises of Grantor, must call 1-800-ATFIBER (available 24 hours) <br />to receive a Southern Pacific Telecommunications Company control number. Grantee <br />will be advised if a telecommunication system is buried anywhere on or about the <br />premises of Grantor in the location where Grantee will perform such digging activities. <br />If there is a telecommunications system, Grantee will be advised as to the owner of <br />the telecommunications system and provided instructions on arranging for a cable <br />locator and will be' advised whether relocation or other protection for the <br />telecommunications system is required prior to beginning any work on the premises of <br />Grantor. <br /> <br />8. It is understood that if culverts are constructed as provided in Paragraph <br />3 above, said culverts shall be dedicated to the public. Reconstruction, maintenance <br />and operation of the culverts upon completion of the construction of the culverts shall <br />be performed by Grantee in compliance with all applicable laws. <br /> <br />9. Grantee shall bear the entire cost and expense of maintaining, <br />reconstructing and removing said culverts on said property, Grantee agrees that all <br />work upon or in connection with said culverts shall be done at such times and in such <br />manner as not to interfere in any way whatsoever with the operations of Railroad. The <br />plans for and the reconstruction or removal of said culverts shall be subject to the <br />approval of Railroad. Grantee agrees to give Railroad five (5) days written notice <br />prior to commencement of any work of construction or reconstruction. In the event <br />Grantee proposes to reconstruct or remove the culverts and such reconstruction or <br />removal cannot feasibly be completed without interference with Railroad's operations, <br />then District shall obtain Railroad's consent to such reconstruction or removal. <br /> <br />10. Grantee, its agents and employees, shall have the privilege of entry on <br />said property for the purpose of reconstructing, maintaining and making necessary <br />repairs to said culverts. Grantee agrees to keep said property and the culverts in good <br />and safe condition, free from waste, so far as affected by Grantee's operations. <br /> <br />11. In the event any work upon or in connection with said culverts or its <br />appurtenances, is to be done upon or adjacent to the tracks and property of Railroad, <br />and in the event such work should be let to a contractor by Grantee, such work shall <br />not begin until such contractor shall have first (i) entered into an agreement with <br />Railroad indemnifying Railroad against all claims, liability, cost and expense growing <br />out of the work to be done by such contractor, and (ii) obtained insurance in form and <br />amounts satisfactory to Railroad. <br /> <br />O:\CLP\Southem Paciflc\Dralnage Easement (Exh, F) <br /> <br /> <br />3 <br />