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CITY ORIGINAL <br />Agreement Number <br />Improvements to Existing Public Grade Croce. <br />at Milepost L-16.20 - Coast Subdivision <br />San Leandro, California <br />THIS AGREEMENT, executed in duplicate this L�day ofJana <br />1998, by <br />and between UNION PACIFIC RAILROAD COMPANY, a Utah corporag an address <br />of 1416 Dodge Street, Omaha, Nebraska 68179, (hereinafter the "Railroad CITY OF <br />SAN LEANDRO, a municipal corporation of the State of California havinss of 835 <br />East 14th Street, San Leandro, California 94577 (hereinafter the "City"), WITNESSETH: <br />RECITALS: <br />Whereas Fairway Drive crosses the branch main track and right-of-way owned by <br />Railroad at Milepost L-16.20, Coast Subdivision, consisting of three (3) track(s) in the CITY OF <br />SAN LEANDRO, California; and <br />Whereas City, by entering this Agreement with Railroad, does not purport to own any <br />interest in, or have any control over, said branch track and right-of-way at the Fairway Drive <br />crossing where said improvements are to be made; and <br />Whereas the City and Railroad have ascertained that the Fairway Drive crossing is in need <br />of repair, and Railroad has agreed to repair said Fairway Drive crossing upon the terms and <br />conditions hereinafter after forth. <br />AGREEMENT: <br />NOW, THEREFORE, in consideration of the promises and conditions hereinafter set <br />forth, the parties hereto agree as follows: <br />1. The Railroad shall furnish all labor, material, equipment, and supervision for, and <br />shall replace the existing asphalt crossing surface with a concrete crossing and modify the <br />adjoining roadway approaches, including, but not limited to, rail ties and other track materials, <br />and ballast, concrete curb, gutter, and sidewalk, and asphalt pavement at the intersection of the <br />Railroad's Coast Subdivision with Fairway Drive at Milepost L-16.20 in San Leandro, California <br />(hereinafter the "work"). <br />2 The limits of work performed on City roadways shall be as shown on the attached <br />"Exhibit A" or as modified by City during construction. All work within City right-of-way shall <br />be performed in accordance with City standard plans and specifications. <br />3. In reconstruction of the rails, the Railroad shall assure that the elevation of the <br />replaced rail is no lower than the rail elevation as it now exists, or no more that four inches (4 ") <br />Railroad Crossing Agreement Page 1 <br />May 4, 1998 <br />