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UPRR/CITY OF SAN LEANDRO MOU REGARDING HUDSON LANE (POLAR WAY) STREET IMPROVEMENTS <br />Page 1 of 3 <br />MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made this _____ day of ______________ 2014, by and between Union Pacific Railroad Company (“UPRR”), a Delaware corporation, and the City of San Leandro (“City”). <br />RECITALS <br /> 1. UPRR mainline tracks in the City at the Hudson Lane (Polar Way) at-grade railroad crossing, DOT: 834260X, on the Oakland Subdivision, Milepost 15.69 (“Crossing”) is scheduled to have improvements in phases to benefit City and UPRR; 2. The tracks at the Crossing have not had train operations in many years. UPRR tracks at this location may be purchased by Alameda County. A ballot measure in Alameda County to acquire funding for UPRR tracks and underlying right of way (ROW), will be voted on in November 2014; 3. To progress the project at Crossing and to reduce any monetary contribution for project in the event the tracks at the Crossing are sold, UPRR and the City have agreed to cooperate in a phased installation of signals and track panel/crossing surface at the Crossing; 4. City bears all responsibility for its own and all UPRR actual costs associated with the Crossing project. City will reimburse UPRR within 30 days of receipt of an invoice for such costs; 5. In the event the Alameda ballot measure passes and the ROW is sold by UPRR, the railroad crossing improvements described under Phase 3 shall not be undertaken; <br />AGREEMENT Now, the parties agree as follows: <br />Section 1: Phased Construction: The Crossing project will proceed in a phased construction schedule in three phases as follows: <br />1.1 First Phase: Phase 1 work by UP: Temporary removal of two Standard #9 (flashing light signal assembly with automatic gate) warning devices at Crossing. Installation of crossbuck/stop sign assembly one on each approach to the crossing. Phase 1 work will not exceed $23,999.00 Phase 1 work by City: Installation of asphalt to widen approach at crossing over railroad tracks supervised by UPRR flagman at City expense. Installation of 4” conduits for future signalization of Crossing. Installation of paving, sidewalk and curb areas. Prior to commencing any work which involves any portion of the ROW, the City and any contractor, as appropriate, will sign