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GRADE CROSSING SIGNAL INSTALLATION AGREEMENT <br />BNSF File No.: BF10011783 <br />Mile Post 176.30 <br />Line Segment 7655 <br />Dyer Road <br />U.S. DOT Number 026711U <br />Irvine Industrial Lead Subdivision <br />THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter <br />called, "Agreement"), is executed to be effective as of 201_, by and between the <br />City of Santa Ana, a charter city and municipal corporation duly organized and existing under <br />the Constitution and laws of the State of California, herein represented and acting through its <br />City Council (hereinafter called, "AGENCY"), and BNSF-RAILWAY COMPANY, a Delaware <br />Corporation (hereinafter called, "RAILROAD"). <br />WITNESSETH: <br />WHEREAS, in the interest of aiding vehicular travel and public safety, the AGENCY is <br />undertaking a project to install railroad crossing signals and activation equipment at the Dyer <br />Road crossing; <br />WHEREAS, the Dyer Road crossing is located between Red Hill Avenue and Pullman <br />Street at U.S. DOT crossing 026711U as indicated on Exhibit "A", attached hereto and <br />incorporated herein; <br />WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit <br />from the installation of advance warning signs, pavement marking stop bars or crossing signal <br />equipment (hereinafter collectively called, "Crossing Signal Equipment"); <br />WHEREAS, the AGENCY is paying for the acquisition and installation of items 8, 9 and <br />11 listed under the Construction Notes section of Exhibit `B-1 ", attached hereto and incorporated <br />herein, said items are hereinafter collectively called "Crossing Signal Equipment" at Dyer Road <br />crossing; <br />WHEREAS, the RAILROAD agrees to purchase and install, at AGENCY'S sole <br />expense, the said Crossing Signal Equipment described in the scope of work herein, and upon the <br />terms and conditions set forth below; <br />EXHI_11 <br />