UNION PACIFIC RAILROAD - PRIVATE ROAD CROSSING AGMT

prior to the City's construction of these improvements. The City further agrees to post warning signs in prominent places at both entrances to the M.P. 41.7 Emergency Crossing advising persons that it is only for emergency use and non-emergency use shall be prohibited. UP, at the City's expense, shall construct and maintain the crossing surface as shown on Exhibit A. An estimate of the cost of construction of the crossing surface and installation of PUC private crossing signs is attached hereto as Exhibit B and incorporated herein by reference. The City, at its expense, shall be responsible for and maintain all of these improvements, except the crossing surface, in a safe, structurally sound, and sightly condition. UP, at the City's expense, shall be responsible for and maintain the surface crossing. Construction and maintenance of the improvements required under the terms of this Agreement which requires work to be done within twenty-five (25) feet on either side of the centerline of UP's main track at the M.P. 41.7 Emergency Crossing shall be performed only when a railroad employed flagger is present to ensure the safety of all workers and railroad operations. The cost of the flagger shall be the responsibility of City. The City agrees that the gates at both entrances to the M.P. 41.7 Emergency Crossing shall be kept locked at all times except when in use by the City's emergency vehicles and personnel, or for the purpose of training City personnel on emergency procedures, or for construction, maintenance and repair work on the M.P. 41.7 Emergency Crossing. The City further agrees that its employees shall only use the M.P. 41.7 Emergency Crossing in the event that City employees are unable to use Pleasanton Avenue due to an accident, fire, earthquake, or other emergency occurrence that prevents an emergency vehicle from passing safely on Pleasanton Avenue or during a training exercise. 2