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, SOJTHERN P~CIFIC TRANSPOREATICN ,ORIGINAL <br />· CLD No. 20782 Audit No. <br /> <br /> THIS AGREEMENT is made this day of , 19 , by <br /> <br /> and between THE WESTERN PACIFIC RAILROAD COMPANY, a Delaware corporation <br /> (hereinafter called "Western Pacific"); SOUTHERN PACIFIC TRANSPORTATION <br /> COMPANY, a Delaware corporation (hereinafter called "Southern Pacific"); <br /> and the CITY OF PLEASANTON, a body politic and corporate and a political <br /> subdivision of the State of California (hereinafter called "City"). <br /> <br /> The Southern Pacific and the Western Pacific are sometimes collectively <br /> called "Railroads". <br /> RECITALS. <br /> <br /> The Railroads own and operate lines of railroad in and through <br /> <br /> the City of Pleasanton, California. The City and the Railroads are <br /> parties to a Memorandum of Understanding ("MOU") executed November 20, <br /> 1985, a copy of which is attached, providing for the construction <br /> of a crossing at separated grades on Valley Avenue at Western <br /> Pacific Mile Post 42.77 so that Valley Avenue will pass under the <br /> right of way and tracks of the Railroads in the City of Pleasanton. <br /> This agreement shall not be construed to amend the terms of the MOU. <br /> The grade separation is to be constructed instead of a grade <br /> crossing at this location as permitted in Decision No. 85-08-037 <br /> of the California Public Utilities bommission. The grade separation <br /> for Valley Avenue is hereafter referred to as an underpass and as <br /> used herein the term "underpass" shall include the bridge structure <br /> and approaches thereto, the railroad shoofly built for the temporary <br /> use of the Railroads during construction, the highway and approaches <br /> <br /> 1 <br /> <br /> <br />