UNION PACIFIC RAILROAD CO. 1 - 2003

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Public Road Improvement 12/04~0 E~im~ed Costs Form Approved-AVP Law 5. ff Political Body's contractor(s) is/are performing any work described in Section 4 above, then the Political Body shall require its conU-actor(s) to execute tho Railroad's standard and current form of Coatmctor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Cen~racto~s Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its conWactor(s) of the need to execute tho Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the Contrac~r's Right of Entry Agreement. 6. Fiber optic cable systems may be buried on thc Railroad's property. Protection of thc fiber optic cable systems is of extreme importanoe sinc~ any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall telephone thc Railroad during normal business hours (7:00 a~m. to 9:00 p.m., Control Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on thc Railroad's premises to be used by thc Political Body or its contractor(s), flit is, Political Body or its contactor(s) will telephone thc telecommunications company(ies) involved, arrange for a cable locater, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. 7. Thc Political Body, for itself and for its suc~ssors and assigns, hereby waives any right of assessment against the Railroad, as an adjacent property owner, for any and all improvements made under this agreement. 8. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of the Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by express written agreement acceptable to the Railroad. 9. Thc Political Body 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 Political Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person execating this agreement on behMf of tho Political Body with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by Political Body. IN WITNESS WHEREOF, the pardes hereto have duly executed this Agreement as of the date and year first bereinabove writ~n. UNION PACIFIC RAILROAD COMPANY Title: U['[[?--~ [ 13ll ll'l'l CITY OF SAN,T~ ANA Title: r let Assistant City Pursuant to Resolution/Order dated , hereto attached.