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<br />TEMPORARY RIGHT-OF-ENTRY AGREEMENT <br /> <br />seRRA FORM NO.6 <br /> <br />SCRRA File No. <br /> <br />SCRRA Projectrrask No. <br /> <br />Subdivision <br /> <br />Mile Post <br /> <br />Thomas Guide Location <br /> <br />This Temporary Right-of-Entry Agreement ("Agreement") is between the Southern California Regional Rail <br /> <br />Authority (hereinafter referred to as "SCRRA"), and <br /> <br />(hereinafter referred to as "Contractor"). This Agreement is for entry upon, over, and under SCRRA and Member <br /> <br /> <br />Agency right of way ("Right of Way") at or near <br /> <br />in the City of or in the Unincorporated County of <br /> <br />(as such location is more specifically identified above) for the purpose of <br /> <br />(as shown on attached drawings). <br /> <br />1. Definitions <br /> <br />A. Contractor is an individual, firm, partnership or corporation, or combination thereof, private, <br />municipal or public, including joint ventures, which are referred to throughout this document by <br />singular number and masculine gender. For purposes of this agreement, Contractor also includes any <br />subcontractor, supplier, agent or other individual entering the Right of Way during performance of <br />work. <br /> <br />B. Indemnitees are SCRRA, Member Agencies, and Operating Railroad, and their respective officers, <br />commissioners, employees, agents, successors and assigns. <br /> <br />C. Operating Railroad is/are that specific passenger or freight-related railroad company(s) validly <br />operating on SCRRA and Member Agency track(s). Operating Railroads are any combination(s) of <br />the National Railroad Passenger Corporation, (AMTRAK) the Union Pacific Railroad Company, <br />(UPRR) and the Burlington Northern Santa Fe Corporation. (BNSF) <br /> <br />D. Property and Right of Way is defined herein to mean the real and/or personal property of SCRRA <br />and/or Member Agencies. <br /> <br />E. SCRRA is a five-county joint powers authority, created pursuant to State of California Public Utilities <br />Code Section 130255 and California Government Code Section 6500 et seq., to build and operate the <br />"Metrolink" commuter train system in the five-county area on rail rights-of-ways owned by the <br />Member Agencies. The five-county Member Agencies are comprised of the following: Los Angeles <br />County Metropolitan Transportation Authority (MTA), Ventura County Transportation Commission <br />(VCTC), Orange County Transportation Authority (OCT A), San Bernardino Associated Governments <br />(SAN BAG), and Riverside County Transportation Commission (RCTC). <br /> <br />F. SCRRA Railroad Employee (SRE) is a Southern California Regional Rail Authority employee <br />(SCRRA General Code of Operating Rules and Territory Qualified) providing warning to Public <br />Agency or Contractor personnel of approaching trains or on track equipment and who has the <br /> <br />seRRA FORM NO.6 <br /> <br />Pagelofl2 <br /> <br />7/12/2004 <br />