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N-20'I 2-04'I <br />ROE 880702 <br />Form Approved, AVP-Law <br />O: P waC2? <br />Ke,^ny Nguyen <br />Folder No. 02713-88 <br />RIGHT OF ENTRY AGREEMENT <br />THIS AGREEMENT is made and entered into as of January 24, 2012, by and between <br />UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and <br />CITY OF SANTA ANA, to be addressed at 20 Civic Center Plaza, M-43, Santa Ana, CA 92701 <br />(hereinafter the "Licensee"). <br />IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: O? <br />For purposes of this Agreement, all references in this Agreement to the Licensee shall <br />include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under <br />its or their authority. <br />Article 1. DEFINITION. OF LICENSEE. <br />Article 2. RIGHT GRANTED: PURPOSE. <br />The Railroad hereby grants to the Licensee the right, during the term hereinafter stated <br />and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter <br />upon and have ingress to and egress from the portion of Railroad's property in the vicinity of Mile Post <br />5.22, Santa Ana Ind Ld Subdivision, at or near Santa Ana, California, for the purpose of installing <br />sidewalk, curb, gutter and wheelchair ramps for pedestrian safety. The right herein granted to Licensee is <br />limited to those portions of the Railroad's property specifically described herein in the location shown on <br />the print marked Exhibit A, attached hereto and hereby made a part hereof, or designated by the Railroad <br />Representative named in Article 4. <br />Article 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. <br />The terms and conditions contained in Exhibits B and C, hereto attached, are hereby <br />made a part of this Agreement. <br />Article 4. ALL EXPENSES TO BE BORNE BY LICENSEE; <br />RAILROAD REPRESENTATIVE_ <br />The Licensee shall bear any and all costs and expenses associated with any work <br />performed by the Licensee, or any costs or expenses incurred by the Railroad relating to this Agreement. <br />All work performed by Licensee on Railroad's property shall be performed in a manner satisfactory to the <br />representative local Manager of Track Maintenance of the Railroad or his authorized representative <br />(hereinafter the Railroad Representative): <br />JOSE A_ RUBIO <br />MGR SIGNAL MNTCE <br />11406 LOS NIETOS RD <br />Santa Fe Springs, CA 90670 <br />Work Phone: 626/8 935-7681 <br />Fax: 402 233-2113 <br />Cell Phone: 562 318-4153 <br />KENNETH W_STUART <br />MGR TRACK MNTCE <br />11406 S Los Nietos Rd <br />Santa Fe Sprgs, CA 90670 <br />Work Phone: 909/8 685-2469 <br />Cell Phone: 402 990-5220 <br />Folder No. 02713-88