Future Highway Uses Sample Clauses

Future Highway Uses. It is the parties’ mutual intent to avoid any action with respect to the design, construction, or operation of the PRIVATE RAIL LINE that negatively impairs the functionality of the I-15 for highway uses. The parties agree with respect to the design, construction, or operation of the PRIVATE RAIL LINE to mutually cooperate, in conjunction with FRA and FHWA, to harmonize the shared use of state rights-of-way for both highway and high-speed passenger rail purposes. 6.4.1 LESSEE will incorporate in the PLANS any changes to the future use of the I-15 corridor for highway purposes that are known as of the EFFECTIVE DATE. Specifically: (i) where the PROJECT passes under existing overcrossings, and where reasonably practicable, LESSEE will design and construct its RAIL IMPROVEMENTS with sufficient horizontal clearance to allow CALTRANS to widen its structures by constructing additional bridge columns on either side of the existing overcrossing without having to rearrange LESSEE’S RAIL IMPROVEMENTS. LESSEE may assume the future bridge columns would, to the extent feasible, be designed to be constructed parallel to tracks and in line with the existing bridge columns, and that CALTRANS will design any widening to conform to current standards and regulatory requirements, including those of the CPUC; and (ii) where reasonably practicable, LESSEE will design any new overcrossing structures constructed for the PROJECT as part of the REARRANGED HIGHWAY FACILITIES to provide sufficient span for at least one additional highway lane on I-15 in each direction without adjustment of the RAIL IMPROVEMENTS. The parties agree that the PLANS approved by CALTRANS for initial construction of the PROJECT will be deemed to satisfy all requirements of this paragraph. 6.4.2 Subject to the terms of this LEASE, if a future public project for highway purposes affecting the I-15 corridor, (such as an overcrossing seismic retrofit, work on an existing or new overcrossing, or transverse utility crossing,) requires temporary occupancy or a proposed additional use of any portion of the PROPERTY in use by LESSEE, CALTRANS and LESSEE will diligently and timely work together in good faith, each at its own expense, to identify engineering solutions that give reasonable consideration to SHS uses and use for connectivity between the SHS and the local public roadway transportation systems, that will not materially impact LESSEE’s use and operation of the PROPERTY for railroad purposes (with it being u...