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BUILDING AMERICA' (W <br />written consent of the Railroad. <br />SECTION 11. <br />The City shall, when returning this agreement to the Railroad (signed), cause same to be <br />accompanied by such Order, Resolution, or Ordinance of the governing body of the City, passed and <br />approved as by law prescribed, and duly certified, evidencing the authority of the person executing <br />this agreement on behalf of the City with the power so to do, and which also will certify that funds <br />have been appropriated and are available for the payment of any sums herein agreed to be paid by <br />City. <br />SECTION 12. <br />The City and the Railroad agree to split equally the cost of maintenance of the automatic <br />grade- crossing protection as provided for in California Public Utilities Code Section 1202.2 and as <br />allocated by the Public Utilities Commission. <br />SECTION 13. <br />Upon execution and delivery of this Agreement, the City shall pay to the Railroad an <br />administrative handling charge of ONE THOUSAND DOLLARS ($1,000.00). <br />SECTION 14. <br />This agreement is supplemental to the Original Agreement, as herein amended, and nothing <br />herein contained shall be construed as amending or modifying the same except as herein specifically <br />provided. <br />IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to <br />be executed as of the day and year first hereinabove written. <br />UNION PACIFIC RAILROAD COMPANY <br />(Federal Tax ID #94- 6001323) <br />WITNESS: <br />ATTEST: <br />MARIA D. HUIZAR <br />CLERK OF THE CO CIL <br />Supplemental Public Road Xing <br />Form Approved, AVP -Law <br />PAUL G. FARRELL <br />Senior Manager Contracts <br />CITY OF SANTA ANA <br />X <br />r <br />Title: - <br />kPPROVED AS TO FORM. <br />G <br />Page 4 of 4 Laura titt Sheedovised January 28, 2010 <br />Assistant City Attorney <br />