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<br />NEW PEDESTRIAN <br />CROSSING AGREEMENT <br /> <br />AUDIT <br /> <br />Flower Street Pedestrain Crossing - DOT #761 682L <br />Mile Post 520.77- Santa Ana Industrial Lead <br />Santa Ana, Orange County, California <br /> <br />THIS AGREEMENT (the "Agreement") is made and entered into this '2.\ ~~ day of <br />j~\.... , 200-2, among UNION PACIFIC RAILROAD COMPANY, a Delaware <br />~ be addressed at 1400 Douglas Street, MS1690, Omaha, NE 68179-1690 <br />(hereinafter the "Railroad"); and the CITY OF SANTA ANA, a Charter City and Municipal <br />Corporation, to be addressed at PO Box 1988, M-36, Santa Ana, CA 92702 (hereinafter <br />"Licensee"). <br /> <br />RECITALS: <br /> <br />The Licensee is participating in the construction, operation and <br />maintenance of the new Flower Street at-grade pedestrain crossing (the <br />"Pathway"), and will assume ownership, maintenance and operation <br />responsibilities for the portion of the Pathway, which crosses and encroaches <br />upon the Railroad's right of way. <br /> <br />The proposed Pathway will intersect and cross at-grade track( s) owned by <br />the Union Pacific Railroad Company at Mile Post 520.77 on the Santa Ana <br />Industrial Lead having a DOT Crossing Number 761682L in the location as <br />shown location print and described in the legal description each marked Exhibit <br />A, hereto attached and hereby made a part hereof (the "Crossing" or the <br />"Property"). The term Crossing shall also include all Crossing appurtenances <br />such as, but not limited to, all applicable fencing, warning signs, pedestrian and <br />bicycle control gates and other related improvements that are part of the final <br />Crossing plans and specifications that have been approved by Railroad in writing. <br /> <br />The Railroad has reviewed and approved the plans and specifications for <br />the proposed Crossing. The final design plans and specifications of the Crossing, <br />as prepared by the Licensee at its cost and accepted by Railroad in writing, are <br />attached hereto as Exhibit B, and hereby made a part hereof (the "Plans"). <br /> <br />The parties desire at this time to provide for the design, construction, use, <br />maintenance and repair of the Crossing. <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, for and in consideration of the premises, and other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties <br />hereto do hereby agree as follows: <br />