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24. Assignment. This Agreement will not be assigned without the prior written consent of <br />City. <br />25. Additional Terms and Conditions. This Agreement is subject to the following additional <br />terms and conditions, if any: The City has or will enter into separate agreements with Union Pacific <br />Railroad associated with required improvements to the Niles Subdivision at Halcyon Drive rail crossing. <br />Any demands for payment from Union Pacific Railroad shall be transferred to Owner for prompt payment. <br />Failure to pay Union Pacific Railroad upon demand will be considered a Breach of Agreement. Owner will <br />be eligible for an impact fee credit to the Development Fee for Street Improvements (DFSI) according to San <br />Leandro Municipal Code §7-11-125. Said credit is available for required rail crossing improvements that <br />extend beyond 14-feet from the right-of-way line. Said credit cannot exceed the total DFSI due from Owner. <br />STANDARD PUBLIC IMPROVEMENT AGREEMENT Page 13ofl5