HomeMy WebLinkAboutBNSF Railway Company - Railroad Crossing Construction and Maintenance - 2025"~.'di/=
RAILWAY
Contract Number: BF20253718-A-0001
Amendment Number: 1
FIRST AMENDMENT TO GRADE CROSSING CONSTRUCTION AND MAINTENANCE
AGREEMENT
THIS AMENDMENT AGREEMENT (hereinafter called "Amendment") is dated ,
by and between City of National City, a political subdivision of the State of California ("CITY"),
and BNSF RAILWAY COMPANY, a Delaware Corporation ("RAILROAD").
WITNESSETH:
WHEREAS, Railroad, City and SANDAG are parties to an agreement dated 11/20/2023. This
agreement, also referred to as Railroad's Contract Number BF20253718, together with any and
all modifications, supplements and amendments thereto, being hereinafter referred to as the
"Agreement"; and
WHEREAS, the parties hereto desire to amend certain provisions of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants exchanged herein and other good
and valuable consideration, the adequacy of which is hereby acknowledged, Parties agree to
amend the Agreement as follows. This First Amendment will be upon the same terms and
conditions provided in the Agreement, except as the same are hereby modified and supplemented.
Wherever there is any conflict between this First Amendment and the Agreement, the provisions of
this First Amendment are paramount, and the Agreement will be construed accordingly:
1. Due to delays, it is desired by the Parties to extend the Term of the Temporary Construction
Easement
2. Term of the Amendment. This First Amendment shall commence upon the date the last
required signature is affixed hereto (Effective Date) and shall remain in full force and effect through
the term of the Agreement, as amended, unless terminated at an earlier date pursuant to the
provisions of the Agreement, or pursuant to federal or state statute, rule, or regulation.
3. Amendments. As of the Effective Date of this First Amendment, the following portion of
the Agreement is amended as follows:
A. Item 1" in Article II, of the original Agreement is hereby deleted in its entirety and
replaced with the following :
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"NSF
RA / L WA Y
Contract Number: BF20253718-A-0001
Amendmcnt Number: 1
Upon SANDAG's payment to RAILROAD of an administrative fee in the sum of Two Thousand
Five Hundred and No/100 Dollars ($2,500), together with the Temporary Construction License
Extension Fee in the sum of seventeen thousand one hundred and No/100 Dollars
($17,100.00), RAILROAD hereby grants to CITY, its successors and assigns, upon and subject
to the terms and conditions set forth in the Agreement, an extension to the temporary non-
exclusive license (hereinafter called, "Temporary Construction License") to enter upon and use
the portion of RAILROAD's right-of-way as is necessary to complete the Project, excepting and
reserving RAILROAD's rights, and the rights of any others who have obtained, or may obtain,
permission or authority from RAILROAD. The term of the Temporary Construction License
Extension begins on the Effective Date of this amendment and ends on the earlier of (i)
substantial completion of the Project, or (ii) December 31, 2026.
Except as amended herein, the terms and conditions of the Agreement remain in effect.
Capitalized terms not defined herein have the same meaning as set forth in the
Agreement.
Remainder of page intentionally left blank. Signatures on the following page.
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B~SF -
RAILWAY
Contract Number: BF20253718-A-0001
Amendment Number: 1
IN WITNESS WHEREOF, RAILROAD and CITY have entered into this First Amendment as of the
date first written above.
Approved as to form by:
City Attorney
BNSF RAILWAY COMPANY
By:
Printed Name:
Title:
National
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Title: """ G %" M R N g G icy
By: �
Print Name: 3'AOe K J. f2
City Attorney
Date: ?�/If/Zap
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