Future At-Grade Crossings. The parties acknowledge that (i) local governments may desire to create future at-grade public crossings of the Freight Easement Property, and (ii) the Aptos Village Plan, dated February 23, 2010, specifically includes a future at-grade roadway crossing of the Freight Easement Property at approximately Milepost 12.55. Sierra shall, at no cost or expense to itself, cooperate with the efforts of any applicable local governments to secure PUC approval of such crossings; provided, however, that Sierra shall be entitled to raise any reasonable safety concerns related to such crossings. The fees and costs associated with the construction, maintenance, and repair of such crossings shall be set either by agreement between Sierra and the applicable local government (which agreement shall become a Sierra Agreement under Sections 4.2 and 4.3), or by the PUC pursuant to Public Utilities Code Section 1202, et seq.
Future At-Grade Crossings. The Parties acknowledge that local governments may desire to create future at-grade public crossings on the Property. Railway shall, cooperate with the efforts of any applicable local governments to secure PUC approval of any such crossings; provided, however, that Railway shall be entitled to raise any reasonable safety or operational concerns related to such crossings and shall be able to seek recovery of its costs for such cooperation from the entity seeking to create the crossing. The fees and costs associated with the construction, maintenance, and repair of such crossings shall be set either by mutual agreement between Railway and the applicable local government, or by the PUC pursuant to Public Utilities Code § 1202, et seq. Railway may negotiate terms for such crossing agreements subject to approval by VCTC, which shall not be unreasonably withheld. VCTC shall have final approval authority as to any new third-party crossing agreements.
Future At-Grade Crossings. Other than the Rights of Entry agreements and temporary construction crossings expressly described herein or in the Exchange Agreement, no at-grade vehicular or pedestrian crossings shall be created or permitted in connection with the West Haymarket Project, without the prior written consent of BNSF, whether as part of the initial development or in the future. The provisions of this Section 21 shall survive expiration or termination of this Master Agreement, the C&M Agreement, and the Exchange Agreement, and all Closings under the Exchange Agreement.
