HomeMy WebLinkAboutUNION PACIFIC RAILROAD COMPANY 3C -2006
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A-2006-232
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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.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment to
Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
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PATRICI~E<"~~ALY ~DAVIDN.~A .~
Clerk of the Council City Manager
APPROVED AS TO FORM:
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~ OSEPH W. FLET ER
City Attorney
UNION PACIFIC RAILROAD COMPANY
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