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HomeMy WebLinkAboutBNSF Railway Company - Railroad Crossing Construction and Maintenance - 2023. .W� 4 B/VSF RA/L WAY Contract Number: BF-20253718 GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT BNSF File No.: BF-20253718 Mile Post 272.34, 273.160 Line Segment 7600 U.S. DOT Number 026900R, 026904T San Diego Subdivision This Agreement ("Agreement'), is executed to be effective as of 00v E r{ao, a o a ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF") and the CITY OF NATIONAL CITY, a political subdivision of the State of California ("City"), collectively referred to as the "Parties". RECITALS WHEREAS, BNSF owns and operates a line of railroad in and through National City, State of California; WHEREAS, in the interest of aiding vehicular travel and public safety, the City is undertaking an improvement project along the existing Harbor Drive & Bay Marina Drive at -grade rail crossings, more specifically identified as the BNSF Line Segment 7600 and Milepost 272.34 & 273.16, and designated by D.O.T. No. 026900R, 026904T; the improvements consist of reconstructing the at -grade rail crossing surfaces and installation of railroad crossing signals and activation equipment within the now existing roadway easements and across the BNSF right-of-way as depicted on the Exhibit A, attached hereto; WHEREAS, the City desires to replace the highway traffic control signals with the at - grade crossing warning devices as depicted in Exhibit A; WHEREAS, BNSF agrees to allow the City to replace the highway traffic control signals with the at -grade traffic crossing and warning devices depicted in Exhibit A; WHEREAS, the City agrees that BNSF and its railway system will receive no ascertainable benefit from the installation of advance warning signs, pavement marking stop bars, or related crossing signal equipment (hereinafter collectively called, "Crossing Signal Equipment"), 1 of 59 i 7r J A93civsF- RAIL WAY Contract Number: BF-20253718 WHEREAS, the City also desires BNSF to install a new crossing surface at Harbor Dr with a new concrete and rubber crossing surface; WHEREAS, the City by this Agreement agrees to pay for the acquisition and installation of crossing signal equipment improvements and the new crossing replacement surface located at Harbor Dr. & Bay Marina Dr. with funds received by state and federal grants consistent with 23 U.S.C. § 130; WHEREAS, BNSF agrees to purchase and install, at the City's sole expense, the crossing signal equipment and the new crossing surface improvements described in the scope of work incorporated herein, and upon the terms and conditions set forth in this Agreement; WHEREAS, each recital shall be incorporated into this Agreement with the full force and effect applied as if in the body of the Agreement; and NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I — SCOPE OF WORK 1) The term "Project" as used herein includes any and all work related to the reconstruction of the at --grade rail crossing surfaces by City and installation of railroad crossing signals and activation equipment for the Bayshore Bikeway Segment 5 rp oject at U.S. D.O.T No. 026900R, 026904T, (hereinafter referred to as the "Crossing") by BNSF on behalf of the City , or particularly described in Exhibit A, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation and the permanent removal, closure, vacation, and to perform the at -grade crossings known as Harbor Drive & Bay Marina Drive, Milepost 272.34, 273.16, DOT No. 026900R, 026904T, Line Segment 7600, San Diego Subdivision, California Division. ARTICLE II — RAILROAD OBLIGATIONS In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF agrees as follows: 1) Upon City's payment to BNSF of an administrative fee in the sum of Two Thousand and No/100 Dollars ($2,500), together with the Temporary Construction License Fee 2 of 59 If .t I "Aft/.SF NAIL WAY Contract Number: BF-20253718 in the sum of Seventeen Thousand One Hundred and No/100 Dollars ($17,100), BNSF hereby grants to City, its successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a temporary non-exclusive license (hereinafter called, "Temporary Construction License") to enter upon and use the portion of BNSF's right-of-way as is necessary to reconstruct, widen and thereafter maintain, the Crossing as described further on Exhibit A-1, excepting and reserving BNSF's rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: A. Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said right-of-way; B. Construct, operate, maintain, renew and/or relocate upon said right-of-way, without limitation, such facilities as the BNSF may from time to time deem appropriate; and C. Otherwise use or operate the right-of-way as BNSF may from time to time deem appropriate. The term of the Temporary Construction License begins on the Effective Date and ends on the earlier of (i) substantial completion of the Project, or (ii) Temporary Construction License Duration, 12 months following the Effective Date. The Temporary Construction License and related rights given by BNSF to City in this provision are without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words herein contained. The Temporary Construction License is for construction of the Project only and shall not be used by City for any other purpose. City acknowledges and agrees that City shall not have the right, under the Temporary Construction License, to use the BNSF's right-of-way for any other purpose than construction. In the event City is evicted by anyone owning, or claiming title to or any interest in said right-of-way, BNSF will not be liable to City for any damages, losses or any expenses of any nature whatsoever. The granting of similar rights to others, subsequent to the date of this Agreement, will not impair or interfere with the rights granted to City herein. Upon City's payment to BNSF of the additional sum of Fifteen Thousand Four Hundred and No/100 Dollars ($15,400), such payment to be made within thirty (30) days of issuing the Notice to Proceed pursuant to Article III, Section 16 of this Agreement, and provided further that City is in compliance with the term and conditions of this Agreement, BNSF will grant to City, its successors and assigns, an easement (hereinafter called, the "Easement") to enter upon and use that portion of 3 of 59 f .00 RA~-2WAO= HAIL WA Y Contract Number: BF-20253718 BNSF's right-of-way as is necessary to use and maintain the Crossing, substantially in the form of Exhibit B attached to this Agreement. If City fails to pay BNSF within the thirty -day time period set forth in the preceding sentence, BNSF may stop construction of the Project until full payment is received by BNSF. 1) BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit D attached hereto and made a part hereof. In the event construction on the Project has not commenced within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit D not specifically mentioned therein may be included as a part of this Agreement upon written approval of the City, which approval will not be unreasonably withheld. Construction of the Project must include the following railroad work by BNSF: A. Procurement of materials, equipment and supplies necessary for the railroad work; B. Furnishing of flagging services during construction of the Project as required and set forth in further detail on Exhibit C, attached to this Agreement and made a part hereof; C. Furnishing engineering and inspection as required in connection with the construction of the Project; D. Installation of Crossing Signal Equipment and Crossing Signal Control House as shown on Exhibit A; E. Provide an interface box, with contact terminals, mounted on side of Crossing Signal Control House; and F. Make such changes in the alignment, location and elevation of its telephone, telegraph, signal and/or wire lines and appurtenances along, over or under the tracks, both temporary and permanent, as may become necessary by reason of the construction of the Project. 4 of 59 v 1 L_ RAIL WA Y Contract Number: BF-20253718 2) BNSF will perform all railroad work set forth in Article II, Section 2 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements 3) City agrees to reimburse BNSF for work of an emergency nature caused by City or City's contractors in connection with the Project which BNSF deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval City and City agrees to fully reimburse BNSF for all such emergency work. 4) BNSF may charge City for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. 5) During the construction of the Project, BNSF will send to the City periodic invoices detailing the costs of the railroad work performed by BNSF under this Agreement. The City must reimburse BNSF for completed force -account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, BNSF will send City a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D. Pursuant to this section and Article IV, Section 7 herein, the City must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to the City under this section. For purposes of computing the time limits prescribed by the California Government Code Section 911.2 for the presentment of a claim against the City the cause of action for failure to reimburse BNSF for the costs of the Railroad work performed by it pursuant to this Agreement shall be deemed to have accrued one hundred and eighty (180) days of the date of the final invoice. 5of59 1 lap B/VSF RAIL WA Y Contract Number: BF-20253718 ARTICLE III — CITY OBLIGATIONS In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows: 1) The City must furnish to BNSF plans and specifications for the Project. Said plans (reduced size 11" x 17"), showing the plan and profile of the roadway work on BNSF right-of-way and marked as Exhibit A, attached hereto and made a part hereof, must be submitted to BNSF for the development of railroad cost estimates. 2) The City must make any required application and obtain all required permits and approvals for the construction of the Project. 3) The City must acquire all rights of way necessary for the construction of the Project. 4) City must make any and all arrangements, in compliance with BNSF's Utility Accommodation Manual (http://www.bnsf.com/communities/fags/pdf/utility.pdf), for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project. 5) The City must construct the Project as shown on the attached Exhibit A and do all work ("City's Work") provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF as outlined in the below. The City must furnish all labor, materials, tools and equipment for the performance of City's Work. The principal elements of City's Work are as follows: A. Design and Reconstruction/Construction of Harbor Dr & Bay Marina Dr; B. Installation of a pavement marking stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, "MUTCD"); C. Installation of advance warning signs in accordance with the MUTCD; D. Perform all necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's right-of-way.; E. Construct suitable drainage, both temporary and permanent; 6 of 59 C AV L B/VSF RAIL WAY Contract Number: BF-20253718 F. Provide all barricades, lights, flagmen or traffic control devices necessary for preventing vehicular traffic from using a portion of the Crossing, during the installation of the concrete crossing surfaces, and also during the installation of the Crossing Signal Equipment; G. Construct asphalt/concrete roadway surface on approaches to each track. Roadway surface will match elevation of the Main (and Siding) Track crossing surface(s) and remain level to a point at least thirty (30) feet from nearest rail. Any concrete headers will be constructed no closer than 5-6" (preferably 6'-0") from centerline of each track to provide for a minimum of 11'-0" (preferably 12'-0") opening for track and railroad crossing surface; H. Perform job site cleanup including removal of all construction materials, concrete debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF; I. Provide BNSF in writing with the total time required from start of preempt cycle of highway traffic control signals until arrival of the train at the highway -rail crossing; J. Connect the highway traffic control signals to the contact terminals in the interface box including all necessary cable and conduit; and K. Install the new highway traffic control signals. 6) The City will approve the location of the signals and signal bungalow prior to the installation by BNSF. 7) The City must have advanced railroad crossing signs and standard pavement markings in place at the crossing shown on Exhibit A (if the same are required by the MUTCD) prior to the acceptance of this Project by the City. 8) The City must provide to the BNSF's Manager of Public Projects written notice to proceed ("Notice to Proceed") with the railroad portion of the work after receipt of necessary funds for the Project. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written Notice to Proceed is received from City. 9) The City's Work must be performed by the City or City's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities. 7 of 59 s "~ SA#= RA/L WA Y Contract Number: BF-20253718 10) For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the City, City shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, the City shall: comply with all of BNSF's applicable safety rules and regulations; require any City employee performing maintenance to complete the safety training program at the BNSF's Internet Website "www.contractororientation.com"; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF's Risk Management Department, Railroad Protective Liability insurance. 11) The City must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, the City must require its contractor(s) to notify BNSF's Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF railway tracks. 12) The City must include the following provisions in any contract with its contractor(s) performing work on said Project: A. The City and its contractors are placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSF's property or right-of-way. The locations of these Lines have been included on the plans based on information from the telecommunications companies. The City and its contractors will be responsible for contacting BNSF and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The City's contractors must mark all Lines shown on the plans or marked in the field in order to verify their locations. The City's contractors must use all reasonable methods when working in the BNSF right-of- way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. B. Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering representative to stop construction at no cost to the City or BNSF until these items are completed. C. The Contractor will be responsible for the relocation of any facilities or Lines determined to interfere with the construction. The City's contractor must cooperate fully with all telecommunications company(ies) in performing such relocations. 8 of 59 "~.4dWAIF= R.41 i WA Y Contract Number: BF-20253718 D. In addition to the liability terms contained elsewhere in this Agreement, the City's contractors hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to: (1) any damage to or destruction of any Lines by contractor, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. 13)The City must require compliance with the obligations set forth in this agreement, including Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Article III and IV; and (ii) the provisions set forth in Exhibit C and Exhibit C-1, attached hereto and by reference made a part hereof. 14)Except as otherwise provided below in this Section 13, all construction work performed hereunder by City for the Project will be pursuant to a contract or contracts to be let by City, and all such contracts must include the following: A. All work performed under such contract or contracts within the limits of BNSF's right-of-way must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; B. Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; C. No work will be commenced within BNSF's right-of-way until each of the prime contractors employed in connection with said work must have (i) executed and 9 of 59 B/VSIc RA/Z WA Y Contract Number: BF-20253718 delivered to BNSF an agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSF's approval of the required insurance; D. If it is in City's best interest, the City may direct that the construction of its Project be done by day labor under the direction and control of the City, or if at any time, in the opinion of the City, if one of its contractors has failed to prosecute with diligence the work specified in and by the terms of said contract, City may terminate its contract with the contractor and take control over the work and proceed to complete the same by day labor or by employing another contractor(s) provided; however, that any contractor(s) replacing the original contractor(s) must comply with the obligations in favor of BNSF set forth above and, provided further, that if such construction is performed by day labor, the City will, at its expense, procure and maintain on behalf of BNSF the insurance required by Exhibit C-1. E. To facilitate scheduling for the Project, the City shall have its contractors give BNSF's Roadmaster 90 days advance notice of the proposed times and dates for work windows. BNSF and the City's contractor will establish mutually agreeable work windows for the Project. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the contractor's expenses for the Project. 15)City must advise the appropriate BNSF Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. Additionally, City must notify BNSF's Manager Public Projects, in writing, of the date on which City and/or its Contractor will meet with BNSF for the purpose of making final inspection of the Project. 16)TO THE FULLEST EXTENT PERMITTED BY LAW, CITY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (1) THE USE, OCCUPANCY OR PRESENCE OF CITY, ITS 10of59 4& R.4/LWAY Contract Number: BF-20253718 CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE CITY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF CITY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) CITY'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO CITY PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO CITY PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI) CITY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE BY CITY, OR (VII) AN ACT OR OMISSION OF CITY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY CITY WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. 17)The City agrees to provide BNSF for the performance of their work with one of the following credit enhancements guaranteeing the total amount of City's financial obligations (including, without limitation, liquidated damages, indemnity obligations and other expenses) under this Agreement: A. Irrevocable Bank Letter of Credit drawn upon a bank satisfactory to BNSF; B. Surety Bond underwritten by an insurance company listed in the Department of Treasury Federal Register with terms acceptable to BNSF, in BNSF's sole discretion; or C. A posted cash deposit via wire transfer to a BNSF deposit account. Any irrevocable letter of credit or surety bond provided to BNSF pursuant to this provision shall have a minimum term of eighteen (18) months. The bank issuing the letter of credit and the insurance company issuing the surety bond shall notify BNSF thirty (30) days prior to the expiration date of the letter of credit or the surety bond. 11 of 59 s ►~.sue RAILWAY Contract Number: BF-20253718 Upon expiration of any surety bond or letter of credit, the City must immediately provide BNSF with a substitute letter of credit, surety bond or cash deposit as set forth above until the City's financial obligations to BNSF are fully and finally satisfied. Any cash deposit provided under this provision will be held in a non -interest bearing account in the name of BNSF. If the City's financial obligations at the end of the Project are less than the amount of the cash deposit, BNSF shall refund any remaining sum to City. The City should forward the letter of credit or the surety bond to BNSF's Manager of Risk Management, 2500 Lou Menk Drive, AOB-1, Fort Worth, Texas 76131 (phone: 817-352-3485). If posting a cash deposit pursuant to this provision, contact BNSF Manager of Risk Management to obtain the BNSF account information. ARTICLE IV — JOINT OBLIGATIONS IN CONSIDERATION of the premises, the parties hereto mutually agree to the following: 1) All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior to the commencement of any such changes or modifications. 2) The work hereunder must be done in accordance with the Exhibit A and the detailed plans and specifications approved by BNSF. 3) The City must require its contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work in accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations of either BNSF or its related railroads, or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such redirecting their labor forces to other matters. The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision 12 of 59 "~"A#= AA/L WA Y Contract Number: BF-20253718 and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4) BNSF will have the right to stop construction work on the Project if any of the following events take place: (i) City (or any of its contractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) City (or any of its contractors), in BNSF's opinion, prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) City fails to pay BNSF for the Temporary Construction License or the Easement pursuant to Article II, Section 1 of this Agreement. The work stoppage will continue until all necessary actions are taken by City or its contractor to rectify the situation to the satisfaction of BNSF's Division Engineer or until proof of additional insurance has been delivered to and accepted by BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, BNSF may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: National City City Manager 1243 National City Blvd National City, CA 91950 5) The City must supervise and inspect the operations of all City contractors to ensure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of BNSF. If BNSF determines that proper supervision and inspection are not being performed by City personnel at any time during construction of the Project, BNSF has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will not proceed until City corrects the to BNSF's reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify the City's City Manager for appropriate corrective action. 6) Pursuant to this section and Article II, Section 6 herein, City must reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement 13 of 59 B/VSF R.4/[WAY Contract Number: BF-20253718 (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes), less BNSF's Share as set forth in Article IV, Section 6 herein. BNSF's share must be paid upon completion of the Project. In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorneys fees pursuant to California Civil Code Section 1717, as well as other litigation costs, including expert witness fees. The prevailing Party shall also be entitled to recover all actual attorneys fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. 7) All expenses detailed in statements sent to City pursuant to Article II, Section 6 herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal -Aid Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. The parties mutually agree that BNSF's preliminary engineering, design, and contract preparation costs described in Article Il, Section 2 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement. 8) The construction of the Project will not commence until City gives BNSF's Manager Public Projects thirty (30) days prior written notice of such commencement. The commencement notice will reference BNSF's file number and D.O.T. Crossing No. 026900R, 026904T and must state the time that construction activities will begin. 9) In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF and the City agree to the following terms upon completion of construction of the Project: A. The City will own and be fully responsible for repairs, maintenance, future construction or reconstruction of the Harbor Drive & Bay Marina Drive roadway, including the portion of roadway located between the tracks. B. The City will maintain the elevation of the Harbor Drive & Bay Marina Drive roadway approaches to match the elevation on the railroad track crossing surfaces and to be no more than three (3) inches above or six (6) inches below top -of -rail elevation at a distance measured thirty (30) feet from the nearest rail. C. The City will maintain the advanced railroad crossing warning signs and pavement markings and agrees to hold harmless and indemnify BNSF for any claims, damages or losses, in whole or in part, caused by or due to the City's failure to maintain the advanced warning signs and markings or other requirements of the MUTCD. 14 of 59 Contract Number: BF-20253718 D. City will do nothing and permit nothing to be done in the maintenance of the Harbor Drive & Bay Marina Drive roadway, which will interfere with or endanger facilities of BNSF. E. It is expressly understood by City and BNSF that any right to install utilities will be governed by a separate permit or license agreement between the Parties. F. BNSF will, at its sole cost and expense, operate and maintain the Crossing Signal Equipment, Crossing Signal Control House, and the new crossing surfaces, from end -of -tie to end -of -tie, in proper condition. G. Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the Agency or any other governmental or legislative authority increase the Agency's portion of maintenance cost under this Agreement, BNSF will receive the benefit of any such regulations, ordinances, acts, rules or other laws and the Agency's increased portion of maintenance costs will be incorporated into and made a part of this Agreement. H. If a railway or highway improvement project necessitates rearrangement, relocation, or alteration of the Crossing Signal Equipment, Crossing Signal House, or the new crossing surface installed hereunder, the costs for such rearrangement, relocation or alteration will be the responsibility of the party requesting such changes. I. If any of the Crossing Signal Equipment is partially or wholly destroyed, then such repair and/or replacement costs must be distributed among the parties as follows: i) BNSF must, at its sole cost and expense, replace or repair such Crossing Signal Equipment and/or Crossing Signal House. Except for the new warning devices added to protect the Bike path. ii) City must, at its sole cost and expense, reimburse to replace or repair the dedicated bike path Crossing Signal Equipment. J. BNSF will operate and maintain, at its expense, the necessary relays and other materials required to preempt the highway traffic control signals with the grade crossing warning devices. 15 of 59 .B/VSF' RAILWAY Contract Number: BF-20253718 K. BNSF will operate and maintain, at its expense, the railroad crossing warning devices up to the contact terminals in the interface box. L. City will own, operate and maintain, at its expense, the highway traffic control signals up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. 10) The City must notify and obtain prior authorization from BNSF's Manager of Public Projects before entering BNSF's right-of-way for Inspection and Maintenance purposes and the BNSF Manager of Public Projects will determine if flagging is required. If the construction work hereunder is contracted, City must require its prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as the same may be revised from time to time. City will be responsible for its contractor(s) compliance with such obligations. 11) Any books, papers, records and accounts of the Parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the Project construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto, as well as the State of California and the Federal Highway Administration, for a period of three (3) years from the date of final BNSF invoice under this Agreement. 12) The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the Parties. Notwithstanding the preceding sentence, neither Party may assign any of its rights or obligations without the prior written consent of the other Party which shall not be unreasonably withheld. 13) In the event construction of the Project does not commence within one year of the Effective Date, this Agreement will become null and void. Either Party may extend such time with the consent of the other which shall not be unreasonably withheld. 14) Neither termination nor expiration of this Agreement will release either party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. 15) To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited by, or held to be invalid under, applicable 16 of 59 B/VSF' NAIL WAY Contract Number: BF-20253718 law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 16) This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is the full and complete agreement between BNSF and City with respect to the subject matter herein and supersedes any and all other prior agreements between the parties hereto. 17) Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: BNSF: BNSF's Manager Public Projects 740 E Carnegie Dr San Bernardino, CA 92408 City: National City Manager 1243 National City Blvd National City, CA 91950 SIGNATURE PAGE FOLLOWS 17of59 B/V.SF RA /L WA Y Contract Number: BF-20253718 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials or representatives as of the day and year first above written. Approved as to form: City Att n BNSF RAILWAY COMPANY By: Craig Printe amen u S Seyn Titl . /Z / CITY AVP Enggineering Services & Structures City Of Nat' �Ciity By: ) Printed Name: S JAP% F, I % 0 Q,-v Title: City Manger 18 of 59 ~.gWAO= RAILWAY Exhibit A 19 of 59 Contract Number: BF-20253718 BAYSHORE BIKEWAY SEGMENT 5 National City GENERAL NOTES APRM4 a MY PLAYS n M CITY txCMG a M Ott a W11W4 an Oo6 MI m4ANh CRaAAIpx a M PRDECr AS A NIgF. W lUM a [aOlEl[K$ MOMMY, aSlal, AW [a41RUCnW s1AWMNS APROND STMpARaS W BGMS SOBSD. IT 4 M MMVN58NTY a M EMGRER- _AAA m GRCB -_ OVR M .- a M -1. I ALL N GTMK➢ ERW ME ERaN 1 OE➢AA I ia1 ALL REBOADENT qq M PUBLIC Ralf -a -WY Aw Au GApxC GFWipxs a INWF PYORAR. 2 a iNE3F P.,WS Bi M aR a WnWK aR OR5 WI .WMR2E MY qE A A E PGIGY(O W R A Y4D PEANT INS ff111 ®E0. ). 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C*R LEGEND — sAwaNUE Gvwln LErE EIDe1ka50p1TfOR CONSTRUCTION NOTES O1 PNTEOT W PEACE OI ADAAT TO Faas1 Raga O SAMOR PER OETAa a ST4ET a O EVE5111UOf e1EW 1• AsnuLLi ORSR a• QA4 I ALnREG1E EASE SEF 1YPIGLL CRD4 SE<IMiI PER CETNL W SNEFT 1 O9 CONSTRUCT AC WRE PER OETM M SIEET a O CORSTNUCr Q' CUMB PER DETNL C ON SNEEr a IS mNSTRUCT PAVEMENT SECTIW - SY AC OVER aY CLA4 D T ON 11IE w5f 1ENSM - RENFORCEAENi OR APPROVED EWAL 1p BE T pFRLNN ON PREPARED SUBCRADE O CONSTRUCT TVTE I Y RN ON CURB PER WRW F08. CURB SHALL BE ANCHORED WTH STEEL DOREES AND REWFORONG STEEL ® t>NIC STD. N0. a RR wARMNG OENCE TO BE INSTALLED BY BHSf fORLE5 © CONSTRUCT TROEGTEU DOMES PER SMSD G-]0 © SEE PLANTRNO PINTS �. © CONSTRUCT FULL DEPTH E.S• POR1LARn CEMENT CONCETE SECRON. CONCRETE lax 10 BF I— PA ® FULL DEPTH PAVEMENT 1ANIORCE OR CATEIRUCTgM SS• AC OVER RS• ClA4 P AGOEGTE BASE. IO E PPROKD�EWAt BE UHDERLNN W PMRMFO SU ' ® ` CC—... P.— TO Be i.— D NY MR. CPCES 61 FURENSH AND INSTALL RR TERMWATXON BOA. 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Eba: PRo ¢ELM-,P CIRCUrvi�BRENER Fax0.µ Ncrui a IUE TESEEAnDTPA-IPCI—BREAKER 1ITW IERE01 o fFLIBX AND A SML ITEMS rANTADE -TM EaTNDpt°�4EETE. vls­iREailE�atP�Oiet rEEnE NWtTRaLEfl NO Ai„EaREOYAWxc KTR NwtovEo EOUNA alou�TprvED&uL TBtwNEDY �BrIS: FOT'Es. eO+—FRON.E� l_TTtov�atal rerE=Gnat ABBREVIATIONS LIST DETAILA NY ALL /J uatEEN ARRON SIGN LEGEND ' T �T TwOP [E.D TIA RED ti DETAIL B: MEDIAN POLE MOUNTING DETAIL RR INTERCONNECT CIRCUITS: vEN TrR- raaFsicCON L.r. wRNnlraaRx: weRTDPei BnurEs sICNAL :SRAM: mE�zuA wua,.o siAr�icm��E rwrl�,TrE wrEs R—) WEVE CUTTER 6IONAL W BNSF SIGNAL HOUBE µEU VrxTL'1 CONTROLLERCABWET BUP. 6UPERNsoar nRcu.. roRNNLr aEN,,EVERsecaEwTpNOF we OLLER O.IDEawl `rlrr�R f Nr mrtiRalErz vAEENvrvi�UT av,w ncTNE srAi xtiwvu, L.g xc got low No� I IT IT FFF PUCE iNE 1RARLCCwiRUL SICNu N ANALL FED ftA&L IT HEALTH 1-1T rYat 1 aoseD TOvaalxB wlwr r,tv HERE Is rr+ IssDE vent Tre iM ao ILE HNDNARE Fuse a: POAER --I � DECWUTIVN OF RE5PONSIBLE CNAROE PO® "'�` NATIONA6 CITY "aa&$1pnM B-mrm.B �. 1 Dl,a ® IorBi rwY°o vvm, ter• pWTi1D1EB AY 8E01 5 � n H11lpl Dn ast curTel p• p• ey p• �� "� In suit TRAISBC lDIML RAN ,•RARA n oRE CITY DF NATIONAL CIIY SGIE 1•�ffi p IC*R Xs g � I�NkW-70-0 COPYRIGHT 2023 BNSF PAIL WAY COMPANY. ALL RIGHTS RESERVEQ BNSF RA IL WA Y COMPA N Y iR IB MN �j� 12B' MIN. A IB 3MPN �5B' MIN.�iI 1 � gB' MIN. L�I ASE >a MP. 2J2.IB BTH STREET QQ_® _ CAS -2 m ( iN { R(8' / M.P. 2J2.60 CIVIC CENTER DRIVE � Mr. HARBOR DRIVE GOT - 926 RBB A PROJECT- 94014 d•TB• O BIDIRECTIONAL 1 RAILROAD eucALOW CONTROL MECHANISM g IVPR HUH i BELL [caNTRGL CJ1tROL PO CONNECTION METER CANTILEVER t SCOPE OF WORK REPLACE: FLASHERS. GATES, CANTILEVERS S BUNGALOW CONTROL DEVICES, CONSTANT WARNING 6 AVO PREEMPTION SALVAGE:NONE RED a IN Vft" 1 • O/T MnnILE. POST�272.344 Tarc ama 0 t 1 � COP✓RIOHI 2823 BNSF RAILWAY COMPANY. ALL RIGHtS RESERVEO. BNSF RA IL WA Y COMPA NY 50' MIN. � 12W MIN. 50' MIN. a � ►-Ct 'KING s j� RING 10 L0 IIL R/� � 1 J R RING to r g axa M.P. 213.16 BA Y MARINA OOT • 026 904 t PROJECT- 94015 DRAWING SYMBOLS GENERAL INFORMATION NATIONAL CITY, CA 8x8 O STREET STREET BAY MARINA emIROSSIDNAL LINE SEGMENT 7400 RAILROAD PREEMPT CONTROLCROSSING MECMMNISM NARROW r MILEPOST 273.16 i ' D DOVISION CAL[ ORNIA fiEu CROSSING mNIRVY NC PDMR WIO R CTIONnL CAD slNc SUBDIVISION SAN DIEGO CONNECTION MEi R CONTROL FICE IENEXA, KS ALE NOT TO SCALE TE !FILE 11/03/2023 INSOLATEo 94015-STATESKETCH--CGN JOINTSAW AMW RED - IN VILLOW • RJT SCOPE OF WORK REPIAC E: FLASHERS, GATES & BUNGALOW CONTROL DEYICES�STOP ANO WAIT 8 AOYAN[E PRE SALVAGE: NONE RA/t WAY Exhibit A-1 Contract Number: BF-20253718 Easement Agreement Form 704CM, Rev. 03/23/2019 79727B Itn San E, k1g. , .tF 0 ,\tF S '6 'tO NATIONAL CITY, CA St 79727A td I Elie St St ASr~.AWA='- RA Ac WAY Bartiett&West COORDINATE 9VSTEM.,QU EXHIBIT "A" REVISION 1 DRAWN BVJNC DRAWING NO 79727A COORDINATE SYSTEM. SA-2 AA '1SCALE 1 IN = 50 FT At999 1 E i.•, '. .' 4-a" s M► g , y 32 670490 ` w 1a .. es e" k� a G TO: NATIONAL CITY BIKE TRAIL AT. NATIONAL CITY SAN DIEGO COUNTY, CA w- 114254 1-1 PERMANENTEASEMENT San Ppo TEMPDRARY EASEMENT E] AMiNTDFWAYUNE Sand. — PAACELUNES TRACK s �i EXHIBIT "A" xLn' RW F 1IIEBOOJ MAP AF FFRENCE STP � Y6507 IjAI RW 9 ♦ �a jA �t y o SFr a � D 1{� O II 1 KI, 14 ;1 ^O •�a W CALIFORNIA DIVISION SAN DIEGO SUBDIVISION • L.S. 76OD-4 VAL.SEC. 48190 ATBSF RY CA-07&08, MAP 40 MEASVREMENT$BASEDON PROVIDED SURVEYS SEC., T,R SEIM PF I9I MEASUREMENTS TAKEN OSURVEY DATE: 6/14/2023 IN MEASUREMENT MP 272.35 REVISION 1 DRAWN BY-JNC DRAWING NO 79727E EASEMENT AGREEMENT FOR HARBOR DRIVE GRADE-CROSSSING (C&M Agreement) THIS EASEMENT AGREEMENT FOR THP.HpRBOR DRWE GRADE -CROSSING ("Easement Agreement") is made and entered into as of the t day of ZVng4 Ot L3E2 2024 ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation 7hevicinity ntor ), and the CITY OF NATIONAL CITY, a political subdivision of the State of California ("Grantee"). A. Grantor owns or controls certain rea► property situated at or near of National City, San Diego County, State of California at Mile Post 273.45, as described or depicted on Exhibit "A" attached hereto and made a part hereof (the "Premises"). B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement dated as of November 20, 2023 concerning improvements on or near the Premises (the "C&M Agreement"). C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the Easement Purpose (as defined below). D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this instrument which terms shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for whatever reason, no longer in effect. NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1 Granting of Easement. 1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to herein as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict accordance with the terms of this Easement Agreement and the C&M Agreement. 1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders, including Environmental Laws (defined below) and zoning laws (collectively, "Laws"). Grantee may not make any alterations or improvements or perform any maintenance or repair activities within the Premises except in accordance with the terms and conditions of the C&M Agreement. 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and any other parties who may obtain written permission or authority from Grantor: (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and Easement Agreement Form 704CM; Rev. 03/23/2019 (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement Purpose. Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of this Easement Agreement, shall be perpetual. Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the Improvements. Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above -described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to Easement Agreement Form 704CM; Rev. 03/23/2019 be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi - governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor, including all of Grantor's legal fees and expenses. Section 7 Environmental. 7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any Environmental Laws. 7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation. 7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur during the term of this Easement Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during the construction or subsequent maintenance of the Improvements, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. 7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above - stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in Section 9. Section 8 Default and Termination. 8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific 3 Easement Agreement Form 704CM; Rev. 03/23/2019 performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or remove any interference with the activities or property of Grantor, or anyone or anything present on the rail corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement Agreement. 8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect Grantor's ability to enforce any section of this Easement Agreement. 8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises are restored as required by Section 9. 8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to, and not in limitation of, any other remedies that Grantor may have under the C&M Agreement, at law or in equity. Section 9 Surrender of Premises. 9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement, whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense, immediately perform the following: (a) remove all or such portion of Grantee's Improvements and all appurtenances thereto from the Premises, as Grantor directs at Grantor's sole discretion; (b) repair and restore any damage to the Premises arising from, growing out of, or connected with Grantee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Grantee; and (d) leave the Premises in the condition which existed as of the Effective Date 9.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement Agreement. Termination will not release Grantee from any liability or obligation under this Easement Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Grantee's Improvements are removed and the Premises are restored to the condition that existed as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon any termination of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect until the Premises are surrendered. Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 10 or any other section of this Easement Agreement. Easement Agreement Form 704CM; Rev. 03/23/2019 Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide Grantee with a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of receipt of such notice. Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to Grantee. Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in recordable form and shall not be placed on public record and any such recording shall be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to conform such form to local recording requirements. The Memorandum of Easement shall be recorded in the real estate records in the county where the Premises are located. If a Memorandum of Easement is not executed by the parties and recorded as described above within 30 days of the Effective Date, Grantor shall have the right to terminate this Easement Agreement upon notice to Grantee. Section 14 Miscellaneous. 14.1 All questions concerning the interpretation or application of provisions of this Easement Agreement shall be decided according to the substantive Laws of the State of California without regard to conflicts of law provisions. 14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of Grantee herein contained shall be the joint and several covenants and agreements of such parties. This instrument and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon each of the parties hereto and their respective legal representatives, successors and assigns and shall run with and be binding upon the Premises. 14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 14.5 This Easement Agreement and the C&M Agreement, which is incorporated herein, is the full and complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Grantee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 14.6 Time is of the essence for the performance of this Easement Agreement. Section 15. Administrative Fee. Grantee acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Easement Agreement signed by Grantee to Grantor's Broker a processing fee in the amount Easement Agreement Form 704CM; Rev. 03/23/2019 l of $2,500.00 over and above the agreed upon acquisition price. Said fee shall be made payable to BNSF Railway Company by a separate check. Witness the execution of this Easement Agreement as of the date first set forth above. Easement Agreement GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Print a : Dean Title: erector Right -of -Way and Real Estate Management GRANTEE: CITY OF NATIONAL CITY, a political subdivision of the State of California Form 704CM; Rev. 03/23/2019 EXHIBIT "A" Premises Easement - Exhibit A Form 704CM; Rev. 03/23/2019 VS�anDiego s A a 79727B M°i ma L t y/ 11tfi St x a a N �DeWeY 51 .. 1 3 N � tZt 4 E t5th St y 9 � 11th St 2th P R 9 t" o m m 9 � Q�d^ m Geittet Dt loth St £t5th tglh E St m St 1 W Gih m ,? t St F lgthst n m �@ E 8 tS St Sth St gt o i9 A{ pih Y EZ o t ' tpth �.16lh a W tlth "M t\' St 1 71 ,y ii"�,, p St" ` �1 th ' 1'�'" l.' , G n 5l St,�""$ *"s•"�". 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No 12196,003 MAP REFERENCE STA. 506506 R/w - DRAWN BYJNC DRAWING NO. 79727A COORDINATE SYSTEM: CA SCALE:1 IN = SOFT LEGEND: L--1 PERMANENTEASEMENT ® TEMPORARYEASEMENT 1.. .J RIGHT OF WAY UNE PARCEL LINES TRACK REVISION 1 PCL-12 In EXHIBIT "A" ILI TI'. - BW Pro). No.12196003 MAP REFERENCE. STA. - 506507 RNV ti C yA CALIFORNIA DIVISION SAN DIEGO SUBDIVISION - L.S. 7600-4 VAL.SEC. 48190 AT&SF RY CA-07&08, MAP 40 MEASUREMENTS BASED ON PROVIDED SURVEYS SEC., T, R SEIM (S) MEASUREMENTS TAKEN OFF SURVEY DATE: 6/14/2023 (M)MEASUREMENT MP 272.35 DRAWN BY:JNC DRAWING NO. 79727E EXHIBIT "B" MEMORANDUM OF EASEMENT Easement - Exhibit B Form 704CM; Rev. 03/23/2019 MEMORANDUM OF EASEMENT THIS MEMORANDUM OF EASEMENT is hereby executed this h/_ day of 2024, by and between BNSF RAILWAY COMPANY, a Delaware corporation (" ranto ), whose address for purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 7613 , and the CITY OF NATIONAL CITY, a political subdivision of the State of California ("Grantee"), whose address for purposes of this instrument is 1243 National City Boulevard, National City, California 91950, which terms "Grantor" and "Grantee" shall include, wherever the context permits or requires, singular or plural, and the heirs, legal representatives, successors and assigns of the respective parties: WITNESSETH: WHEREAS, Grantor owns or controls certain real property situated in National City, San Diego County, California, as described on Exhibit "A" attached hereto and incorporated herein by reference (the "Premises'); WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated , 2024 (the "Easement Agreement") which set forth, among other things, the ter of an easement granted by Grantor to Grantee over and across the Premises (the "Easement"); d WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the Easement Agreement of record. For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement over and across the Premises. The term of the Easement, unless sooner terminated under provisions of the Easement Agreement, shall be perpetual. All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated herein by this reference for all purposes as though written out at length herein, and both the Easement Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or document. This Memorandum of Easement is not intended to amend, modify, supplement, or supersede any of the provisions of the Easement Agreement and, to the extent there may be any conflict or inconsistency between the Easement Agreement or this Memorandum of Easement, the Easement Agreement shall control. END OF PAGE — SIGNATURE PAGE FOLLOWS Easement - Exhibit B Form 704CM; Rev. 03/23/2019 4 1 1 IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to as of the date and year first above written. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: rris Title: Director Real Estate STATE OF TEXAS § COUNTY OF TARRANT § / This instrument was acknowledged before me on the ('" day of iVO2024, by Dean Ferris as Director Right -of -Way and Real Estate Management of BNSF RAILW COMPANY, a Delaware corporation. / Public appointment expires: 4-.1' RHONCASURTON rr\w�Nctary IC=3474626 sty Commission Expires .F` September 21, 2024 09 Easement - Exhibit B Form 704CM; Rev. 03/23/2019 l GRANTEE: CITY OF NATIONAL CITY, a political subdivision of the State of California By:--�— Name: Title: ^0r�� STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of 202_, by (name) as (title) of a Easement - Exhibit B Notary Public My appointment expires: (Seal) Form 704CM; Rev. 03/23/2019 It k CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of e ) �02 , ZOZ before me, _� Date Here Insert Name and Title of the Officer personally appeared 0►'\ Alo(-I-t S o n Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �1pM/�Y. HUSSAIII 14 Noary —11 w01ic • CAMOrnle San Gieto CouMv m �omfsslon r 2430598 My Comm. EVIro Dec I I, 2026 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Sigcratidre o�-Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer - Title(s): Partner - Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer - Title(s): Partner - Limited I General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT EASEMENT APN 559-160-14 THOSE PORTIONS OF BLOCK 292 AND TENTH AVENUE AS SHOWN ON THE MAP OF NATIONAL CITY IN THE CITY OF NATIONAL CITY, ACCORDING TO MAP NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISC STAMPED "LS 6000" IN A CURB OUTLET SHOWN AS "STATION 20" ACCORDING TO RECORD OF SURVEY MAP NO. 16668 FILED IN THE OFFICE OF THE COUNTY RECORDER ON JULY 25, 2000 WHICH BEARS SOUTH 13034'46" EAST 4827.71 FEET FROM A BRASS DISC STAMPED "LS 6000" IN A CURB OUTLET SHOWN AS "STATION 17" ACCORDING TO SAID RECORD OF SURVEY; THENCE NORTH 22032'58" EAST 1918.19 FEET TO THE NORTHEAST CORNER OF LAND INCLUDED IN A DEED TO THE SAN DIEGO UNIFIED PORT DISTRICT RECORDED DECEMBER 28, 1994 AS DOCUMENT NUMBER 1994- 0735221 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID LAND PER DEED SOUTH 72°10'05" WEST 19.04 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 72°10'05" WEST 30.54 FEET; 2. THENCE LEAVING SAID NORTHERLY LINE NORTH 07°01'51" WEST 90.88 FEET TO A POINT IN THE EASTERLY SIDELINE OF THE EASTERLY SIDELINE RIGHT OF WAY OF MARINA WAY (HARRISON AVENUE) BEING A STREET EASEMENT IN FAVOR OF THE CITY OF NATIONAL CITY RECORDED DECEMBER 21, 1999 AS DOCUMENT NO. 1999-0824172 OF OFFICIAL RECORDS AS SHOWN ON RECORD OF SURVEY MAP NO. 17520 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002; 3. THENCE ALONG SAID EASTERLY SIDELINE NORTH 85°58'24" EAST 16.82 FEET TO AN ANGLE POINT IN SAID EASTERLY SIDELINE AND THE WESTERLY SIDELINE RIGHT OF WAY OF THE SAN DIEGO & ARIZONA EASTERN RAILWAY, SAID POINT ALSO BEING THE BEGINNING OF A 1253.11-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 63°22'51" WEST; 4. THENCE LEAVING SAID EASTERLY SIDELINE SOUTHEASTERLY ALONG SAID WESTERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °43'42" A DISTANCE OF 37.80 FEET; 5. THENCE LEAVING SAID WESTERLY SIDELINE SOUTH 07'OV51" EAST 48.86 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2,384 SF, MORE OR LESS (BASED ON GROUND DISTANCES). SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF. PAGE 1 OF 2 i EXHIBIT "A" LEGAL DESCRIPTION PERMANENT EASEMENT APN 559-160-14 THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35 (UNLESS OTHERWISE NOTED). DIVIDE DISTANCES SHOWN BY 1.00002970 TO OBTAIN GROUND DISTANCES. SAND ,,. 2-1-2024 J EL. RIIPINEN L 7942 PAGE 2OF2 � s sTq�F OF CAI./ A BRASS DISC STAMPED EXHIBIT IS 6000" SHOWN AS STATION 17 ON ROS 16668 � \ E'LY LINE OF A STREET EASEMENT REC. 12/21/1999 AS DOC. N0. \ 1999-0824172 O.R. AS SHOWN ON ROS 17520 1 \ NATIONAL CITY MAP 348 BOCK 292 APN 559-160-14 L\ � o� �l M p.�j U Q II Z a � S 83°31_23_' E(R) �(c�OSEOi17, 35' 0 20 40 80 , � I LINE TABLE LINE NO. DIRECTION LENGTH L1 S 7210'05" W 19.04' L2 S 72-10'05" W 30.54' L3 N 07'01'51" W 90.88' L4 N 85'58'24" E 16.82' L5 S 07'01'51" E 48.86' L6 S 7210'05* W 28.49' L7 N 85'58'24" E 13.94' »B» LAND S offil l 0. 79�2 OF CA0 T.P.TCO.B. E'LY E NE COR. LAND PER DD1 VI 6� .� 0, �L �• / T. P.0.6. /fj N'LY LINE .��� / PE �.9/ 9 \ LAND PER DD1 � ��T P O B — �� W'LY TCE ti ry v -1cv/ BLOCK 291 v P.O.B. \ A BRASS DISC STAMPEDo \ IS 6000" SHOWN AS \ LEGEND STATION 20 ON ROS \ 16668 \ ®PERMANENT EASEMENT (PE) \ AREA = 2,384 SQ. FT., MORE OR LESS \ CONSTRUCTION EASEMENT (TCE) \\ ®TEMPORARY AREA = 2,254 SQ. FT., MORE OR LESS \ P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING DD1 DEED TO SAN DIEGO UNIFIED PORT DISTRICT REC. 12/28/1994 AS DOC. NO. 1994-0735221 O.R. CONTROL POINT PER ROS 16668 SHEET 1 OF 1 SHEETS BNSF RAILWAY � 1* = 40 DRAWN BY: KA DATE:2-1-24 " , CHECKED BY: JR DATE:2-1-24 PERMANENT EASEMENT & TEMPORARY DOC. NO. REVISED BY: DATE: CONSTRUCTION EASEMENT APN 559-160-14 DWG. NO. REVISED BY: DATE: BURLINGTON NORTHERN AND SANTA FE RAILWAY It EXHIBIT "A" PERMANENT EASEMENT APN'S 555-090-02-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT-OF-WAY LYING SOUTHWESTERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE AS SHOWN ON CALTRANS RIGHT-OF-WAY MAP LO 9559 ON FILE AT CALTRANS DISTRICT 11 OFFICE AND ON RECORD OF SURVEY MAP NO. 20257 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON AUGUST 1, 2008 AS FILE NO. 2008-0412499 OF OFFICIAL RECORDS AND LYING EASTERLY OF THE UNNUMBERED LOT EAST OF THE ALLEY IN BLOCK 268 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY OCTOBER 2, 1882. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE WITH THE WESTERLY LINE OF SAID ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT-OF-WAY AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT BEING THE BEGINNING OF A 1280.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 61055'51" WEST; 1. THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2029'04" A DISTANCE OF 55.50 FEET; 2. THENCE LEAVING SAID SOUTHWESTERLY RIGHT-OF-WAY LINE NORTH 57034'41" WEST 33.41 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE AND THE BEGINNING OF A NON -TANGENT 5679.65-FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 87°54'38" EAST; 3. THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0018'28" A DISTANCE OF 30.50 FEET TO THE POINT OF BEGINNING. AREA = 427 SF, MORE OR LESS (BASED ON GROUND DISTANCES). SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35 (UNLESS OTHERWISE NOTED). DIVIDE DISTANCES SHOWN BY 1.00002970 TO OBTAIN GROUND DISTANCES. ■ v 4 RIIPINEN LS SHEET 1 OF 1 SHEETS EXHIBIT "B" N SEE DETAIL P.O.B. \ 0 icon \>13N WOi N N r' r-id-1 \ G O LL cn I II � �p �s \ cr o q� S 87'54-38" E(R) --A1 , N -k sss � ¢NSS¢�� 1�1 o �010 ,Z� o\\ SW'LY DETAIL RIGHT-OF-WAY SCALE: 1" = 40' 7A S� 00 LINE AS SHOWN O C�S� ON LO 9559 T' 2 AND ROS 20257 441 � C6 c \ Z J �0 \ \ C-4' .L - - f- �m LEGEND 794ti ®PERMANENT EASEMENT Q F OF AREA = 427 SQ. FT., MORE OR LESS P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGINNING 0 50 100 200 0 CONTROL POINT PER ROS 16668 SHEET 1 OF 1 SHEETS BNSF RAILWAY ��~in = 100 DRAWN BY: KA DATE:2�1�2024 . , CHECKED BY: JR DATE:2/1/2024 DOC. NO. PERMANENT EASEMENT REVISED BY: DATE: APN 555-090-02-00 owc. No. REVISED BY: DATE: BURLINGTON NORTHERN AND SANTA FIE RAILWAY I J i "~�Ar.' r RAILWAY Contract Number: BF-20253718 EXHIBIT "C-1" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: Agency Project: Account Name, a/an State or Country of Formation Type of Organization (hereinafter called "Contractor"), has entered into an agreement (hereinafter called "Agreement") dated , 20_, with AGENCY for the performance of certain work in connection with the following project: . Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and property (hereinafter called "Railway Property"). The Agreement provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for National City (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does hereby agree with Railway as follows: 1) RELEASE OF LIABILITY AND INDEMNITY A. Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of B/V`SF AA/L WAY Contract Number: BF-20253718 Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF RAILWAY B. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. C. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. D. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. J I .IS~-Md1 'A0= RAILWAY Contract Number: BF-20253718 E. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. 2) TERM A. This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. 3) INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability "CGL" Insurance i) The policy will provide a minimum of $2,000,000 each occurrence and an aggregate limit of at least $6,000,000 but in no event less than the amount otherwise carried by the provider. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following: (1) Bodily Injury and Property Damage (2) Personal Injury and Advertising Injury (3) Fire legal liability (4) Products and completed operations ii) This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: (1) definition of "Insured Contract" will be amended to remove any exclusion or other limitation for any work being done within 50 feet of RAILWAY's V .B~S'F RAIL WA Y Contract Number: BF-20253718 property. (2) Waiver of subrogation in favor of and acceptable to RAILWAY; and (3) Additional insured endorsement in favor of and acceptable to RAILWAY and include coverage for ongoing operations and completed operations; and (4) Separation of insureds; and (5) The policy will be primary and non-contributing with respect to any insurance carried by RAILWAY. iii) It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. iv) No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance i) The insurance will provide minimum coverage with a combined single limit of at least $1,000,000 per accident, and include coverage for, but not limited to the following: (1) Bodily injury and property damage (2) Any and all vehicles owned, used or hired ii) The policy will include the following endorsements or language, which will be J / I "~J�A#= 14A11 WAY Contract Number: BF-20253718 indicated on or attached to the certificate of insurance: (1) Waiver of subrogation in favor of and acceptable to RAILWAY; (2) Additional insured endorsement in favor of and acceptable to RAILWAY; (3) Separation of insureds; (4) The policy shall be primary and non-contributing with respect to any insurance carried by RAILWAY, C. Workers Compensation and Employers Liability Insurance i) Workers Compensation and Employers Liability insurance including coverage for, but not limited to: (1) Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. (2) Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. ii) This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: (1) Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance i) Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: (1) Endorsed to include the Pollution Exclusion Amendment (2) Endorsed to include the Limited Seepage and Pollution Endorsement. (3) Endorsed to remove any exclusion for punitive damages. .B/VHF RA/LWAY Contract Number: BF-20253718 (4) No other endorsements restricting coverage may be added. (5) The original policy must be provided to the Railway prior to performing any work or services under this Agreement. (6) Definition of "Physical Damage to Property" shall be endorsed to read: 'means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. E. Other Requirements: i) Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. ii) Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. iii) Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. iv) Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, any self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self - insured retention or other financial responsibility for claims. v) Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative t r 1 RAILWAY Contract Number: BF-20253718 evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF(a�certfocus.com www.certfocus.com vi) Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. vii) Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. viii)lf coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. ix) Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. x) Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. xi) If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and IQ "A~454= RAILWAY Contract Number: BF-20253718 conditions as Contractor is required to release, defend and indemnify Railway herein. xii) Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. xiii)The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. xiv) In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. xv) These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. xvi) For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 4) SALES AND OTHER TAXES A. In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the t r r RAILWAY Contract Number: BF-20253718 performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. B. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway's sole cost and expense, contest in Contractor's own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. C. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. 5) EXHIBIT "C" CONTRACTOR REQUIREMENTS A. The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit "C" attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any 10 1 Y' B/VS'F RAILWAY Contract Number: BF-20253718 damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (http://www.bnsf.com/communities/fags/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 6) TRAIN DELAY A. Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. B. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. C. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. D. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. 4 �* s Asr~ ►'F " RAILWAY Contract Number: BF-20253718 E. Contractor and its subcontractors must give Railway's representative Four (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. F. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. SIGNATURE PAGE FOLLOWS h to B/VSF RAILWAY Contract Number: BF-20253718 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer the day and year first above written. BNSF RAILWAY COMPANY Account Name Signature: Signature: Printed Name: Title: Date: Accepted and effective this Contact Person: Address: C ity: State: Fax: Phone: E-mail: Printed Name: Title: Date: Zip: Y iA ., "~.d,WF' RAILWAY Exhibit D BNSF COST ESTIMATE Contract Number: BF-20253718 National City Bayshore Bikeway Segment 5 Bay Marina - 24th St LS 7600 MP 273.16 San Diego Sub DOT# 026904T Harbor Dr LS 7600 MP 272.34 San Diego Sub DOT# 02690OR Flagging — 60 Days @$1,800 per day $ 108,000 Administration $ 50,000 Inspection/Coordination/Cutover Support $ 180,000 Track Work $ 80,000 Signal Work $ 1,040,677 Contingency @ 20% $ 284,735 TOTAL $ 1,750,412 Note: This is an estimate only. BNSF will bill on an actual cost basis.