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' A-2001-134 COPY O : PV'A C3) COST SHARING AGREEMENT THIS AGREEMENT, made and entered into this %t�'- day of tJr;V&xbe-,p , 2005, by and between Union Pacific Railroad Company, a Delaware corporation, hereinafter referred to as "Railroad" and the City of Santa Ana, a municipal corporation, organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "City". RECITALS: The parties hereto desire to set forth by this instrument their agreement with respect to the improvements of an at -grade crossing of Warner Avenue where it crosses the tracks of Railroad at or near Santa Ana, County of Orange, State of California (Crossing MP-51910) on the Santa Ana Industrial Lead. WHEREFORE, in consideration of the mutual and respective covenants and promises, and subject to all the terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. OBLIGATIONS OF RAILROAD A. Railroad shall furnish the necessary labor and materials, tools and equipment to perform, and shall perform or cause to be performed, the following work, attached hereto as Exhibit A, and made a part hereof. 1. Relaying of rail. 2. Resurfacing and reconditioning of track in crossing area. 3. Installation of concrete panel (200') crossing surface. B. Railroad shall obtain all required permits and licenses to complete the work, including a street work permit issued by the Public Works Agency of the City of Santa Ana. C. Railroad shall ensure the work complies with all applicable laws and local requirements. Railroad shall permit the City of Santa Ana or its designee(s) to examine and inspect the work.