UNION PACIFIC RAILROAD COMPANY 3C -2006

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.' . A-2006-232 INSUE,'\NCE :1Ui ;~,r1i':i~~j \tIORK ;\,~.Al,Y F Cl.U;i\ 01 CC:Ui4CH ATE: 1-11-<:;1 o Ai/If. U) (b.R1tlorU AMENDMENT TO IMPROVEMENT AGREEMENT AT GRADE CROSSING FOR MAIN STREET Dot 761253h M.P. 520.20, LOS NIETOS SUBDIVISION THIS AGREEMENT, executed in duplicate this 21" day of August, 2006, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "UPRR") and CITY OF SANTA ANA, a municipal corporation of the State of California (hereinafter the "City"). RECITALS: A. The City and UPRR entered into that certain Improvement Agreement dated October 12,2005 hereinafter referred to as "said Agreement", for UPRR to improve the existing crossing at Main Street, at Mile Post 520.20, Los Nietos Subdivision, DOT No. 761253H, in the City of Santa Ana. B. Said Agreement requires City to reimburse UPRR fifty percent of the total cost of the project. The original estimate of City share was $58,301.00, however, the final cost of the project was more than the original estimate and City's share of the cost has correspondingly increased. C. The parties wish to amend said Agreement to increase the City's contribution to the final cost of the crossing improvements. WHEREFORE, for and in consideration of the mutual and respective covenants and promises hereafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties agree as follows: I. Section 2 of said Agreement shall be amended to increase the total cost of the improvements to One Hundred Fifty Four Thousand, Two Hundred Sixty Dollars ($154,260.00). City's share of those total costs shall be increased to Seventy Seven Thousand, One Hundred Thirty Dollars ($77,130.00). 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. II II