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BUILDING AMERICA' (V <br />UPRR Folder No.: 2232 -76 <br />UPRR Audit No. 232177 <br />SUPPLEMENTAL AGREEMENT <br />(EXISTING PUBLIC ROAD CROSSING IMPROVEMENT) <br />THIS SUPPLEMENTAL AGREEMENT is made as of the day of <br />Q rG , 204-0 , by and between UNION PACIFIC RAILROAD COMPANY, a <br />Delaware corporation, or its predecessor in interest, ( "Railroad ") and the CITY OF SANTA ANA, <br />a California municipal corporation with a mailing address at PO Box 1988, Santa Ana, CA 92702 <br />( "City "). <br />RECITALS: <br />By instrument dated March 8, 2004, the Railroad and Armstrong Ranch, LLC and Shea <br />Homes Limited Partnership (through its managing partner J. F. Shea, LLC), entered into an <br />agreement (the "Original Agreement "), identified in the records of the Railroad as Folder No. 2232- <br />76, Audit No. 232177, covering the installation of signal interconnect signal facilities for the existing <br />Raitt Street at -grade public road crossing, (DOT No. 903- 141E), at Railroad's Mile Post 522.04 on <br />it's Santa Ana Industrial Lead, in Santa Ana, Orange County, California ( "Roadway). <br />The City named herein is successor in interest to Armstrong Ranch, LLC and Shea Homes <br />Limited Partnership (through its managing partner J. F. Shea, LLC). <br />The City now desires to undertake as its project (the "Project ") signal improvements and re- <br />striping of the Roadway surface. The Roadway, as improved, where it crosses the Railroad's <br />property is the "Crossing Area ", as shown on the Railroad Location Print marked Exhibit A, and the <br />improvements to the Roadway are shown on the Detailed Print marked Exhibit A -1, each attached <br />hereto and hereby made a part hereof. <br />AGREEMENT: <br />NOW THEREFORE, in consideration of the premises and of the promises and conditions <br />hereinafter set forth, the parties hereto agree as follows: <br />SECTION 1. <br />The exhibits below are attached hereto and hereby made a part hereof. <br />Exhibit A Railroad Location Print <br />Exhibit A -1 Detailed Print <br />Exhibit B Railroad's Signal Material Estimate <br />Exhibit C Railroad Form of Contractor's Right of Entry Agreement <br />SECTION 2. <br />The Railroad, at City's expense, shall furnish all labor, material, equipment and supervision <br />for the Roadway improvements: <br />Supplemental Public Road Xing Page 1 of 4 revised January 28, 2010 <br />Form Approved, AVP -Law <br />