Agmt 2000 Union Pacific Railroad Co

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4 , 6.0 Covenants herein shall inure to or bind each party's successors and assigns, provided, no right of the City shall be transferred or assigned, either voluntarily or involuntarily, except to express written agreement acceptable to the Railroad. 7.0 The City shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order, Resolution or Ordinance of the governing body of the City, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the City with the power to do so, and which will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by the City. 8.0 The Director of Engineering and Transportation or his designee shall be the representative of the City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided by this Agreement. 9.0 All notices and written communications sent by one party to the other shall be personally delivered or sent by registered or certified U. S. Mail, postage prepaid, return receipt requested, to the following addresses indicated below: If to the City: William K. Algire, Director Engineering and Transportation City of San Leandro 835 East 14 Street San Leandro, CA 94577 If to the Railroad: Patrick A. Kerr Manager, Industry & Puglia Projects 10031 Foothills Boulevard Roseville, CA 95747 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first herein above written. UNI • ' ' � 1 IC RAILROAD COMPANY By: — i Title: L 'n Jersen,Cfief Engineer West CITY OF SAN LEAN I t 1 By: OPIttaite Tit jr!!VJermanis, City Manager UPRR/City of San Leandro: Public Crossing Agreement Page 3