UNION PACIFIC RAILROAD CO. 3A -2004

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, . , , .' " A-2004-171 ;1-30-0'1 '-I c (lw j}- Lv. Nr:FI€i>J AMENDMENT TO SIGNAL INTERCONNECT AGREEMENT 4~'1 ' . f ~.,c.>~,,,j>-v THIS AMENDMENT, made and entered i to this t \.i~ day of ?ruo"st, 2004, by and between the Union Pacific Railroad ("Railroad") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of Cali fomi a ("City"). "/ RECIIALS A. The City and Railroad entered into that certain Signal Interconnect Agreement dated October 15,2002, hereinafter referred to as "said Agreement", for Union Pacific Railroad Company to provide railroad pre-emption for the three traffic signals to be installed for Alton/Maple Bike Trail at Main Street, Dyer Road and Flower Street. According to the agreement Union Pacific Railroad Company would modify their railroad equipment to provide the necessary railroad pre-emption to the traffic signals, and the City is required to reimburse Railroad for the total cost of the project. The Railroad had originally estimated total project costs at $31,714.00, however, the final cost is $14,861.00 more than the original estimate. B. The parties hereto now desire to amend the amount of compensation to be paid by City to Railroad. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: I. The "Compensation" section of said Agreement [Section I (d)] will be amended to read: ". . . total reimbursement by the City to the Railroad in an amount not to exceed $411, ~7~ 00 " 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.