SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) (2) - 2008

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21, 2006. The CITY shall follow SCRRA's Quiet Zone Implementation Guidelines, which are attached as Exhibit C and are incorporated herein by reference as though fully set forth, unless otherwise specifically excluded, supplemented by the terms of this Agreement, or are otherwise not applicable as determined by SCRRA. Except to the extent that the CITY elects to contract for any part of the construction of the PROJECT, Section 2.9, "Insurance" of SCRRA's Quiet Zone Implementation Guidelines is hereby excluded from this Agreement; provided, however, that the CITY shall maintain adequate reserves and /or appropriate limits of insurance coverage to meet its defense and indemnification obligations as set forth herein and in SCRRA's Quiet Zone Implementation Guidelines; how the CITY satisfies these obligations shall be left to the CITY's discretion. With respect to Section 2.8, "Indemnification ", the CITY's defense and indemnity obligations as set forth in Section 2.8 shall remain as stated, with the exception that its defense and indemnity obligations will not extend by contract to the Operating Railroads. Pay SCRRA a yearly maintenance fee of $31,200 dollars, which is to include the costs at all the crossings that currently have exit gates to be constructed as a part of this project, (which represents one hour @$200 1hour per month, for each of the exit gates within the PROJECT, to be augmented by 4% per annum beginning in fiscal year 2011), for all maintenance and repair and regulatory required testing of the exit gates and the traffic detection loops associated with said exit gates, necessary for the CITY to achieve Quiet Zone Status from the FRA as per the current FRA's Use of Locomotive Horns at Highway -Rail Grade Crossings Final Rule (49 CFR Parts 222 and 229). The CITY will pay the maintenance fee, once per annum, within thirty (30) days of receipt of the invoice from SCRRA, which maintenance is set forth in SCRRA's Quiet Zone Implementation Guidelines. 9. To notify SCRRA five (5) working days in advance of any maintenance of a roadway, sidewalk or median islands, if that maintenance activity is to occur within the right -of -way. Any SCRRA flagging, TCE, or inspection deemed by SCRRA to be required to protect SCRRA tracks or the traffic moving thereon shall be paid for by CITY. 10. To control or remove at CITY expense weeds, trees, shrubbery or other vegetation located within the CITY easement or on or about the CITY crossing easement area so that it does not become a fire hazard; obstruct visibility of railroad signs and signals along the right -of -way and at highway -rail crossings; obstruct visibility of trains or rail equipment; interfere with railroad employees performing normal trackside duties; prevent proper functioning of signal and communication lines or impede railroad employees visually inspecting moving equipment. If CITY may not lawfully perform the control or removal work, CITY shall reimburse SCRRA for the cost of performing such control or removal. 11. Except as provided for in Paragraphs 10 and 11 of Section I, CITY shall maintain and repair, at CITY's expense, any pavement, street improvement, street lighting, traffic signals, sidewalks, curb and gutter, raised medians and traffic striping and signage within or on the approaches to the crossing. This work shall be done OCTA Safety Enhancement Project Page G of 14 Construction and Maintenance Agreement City of Santa Ana