UNION PACIFIC RAILROAD - NEW PUBLIC HIGHWAY CROSSING AGREEMENT

Public Highway Crossing 20040510 UPRR Folder No.: 2017 -95 Non-Standard Form Approved, AVP -Caw Agreement Number NEW PUBLIC HIGHWAY CROSSING AGREEMENT Valley Avenue Mile Post 40.43 Oakland Subdivision Pleasanton, Alameda County, California THIS AGREEMENT is made and entered into as of the ck day of b A t 1. r 200 4- by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation to be addressed at Real Estate Department, 1800 Farnam Street, Omaha, Nebraska 68102 (the "Railroad and (the) CITY OF PLEASANTON, a municipal corporation of the State of California to be addressed at P.O. Box 520, Pleasanton, CA 94566 (the "Political Body RECITALS: The Political Body desires to undertake as its project the construction of the new Valley Avenue grade separation (hereinafter the "Project The Political Body desires the right to use for the Project that portion of the right -of -way of the Railroad located in Pleasanton, Alameda County, California at Mile Post 40.43 on Railroad's Oakland Subdivision (the "Crossing Area shown on the prints and legal description, marked Exhibit A attached hereto and hereby made a part hereof. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1 RAILROAD GRANTS RIGHT For and in consideration of the Political Body's agreement to perform and abide by the terms of this Agreement, including Exhibits A, B, B -1 and C, attached hereto and hereby made a part hereof, the Railroad hereby grants to the Political Body, the right to establish, construct, maintain, repair, renew, and use a public highway grade separation over and across the Crossing Area, together with the right of entry to control and remove from the Railroad's right -of -way on each side of the Crossing Area, the weeds and vegetation which may obstruct the view of motorists approaching the Crossing Area to any trains that may also be approaching the Crossing Area. ARTICLE 2 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE A. If the Political Body will be hiring a contractor or contractors to perform any work involving the Project (including initial construction and any subsequent relocation or maintenance and repair work), the Political Body shall require its contractor(s) to (i) execute the Railroad's then current Contractor's Right of Entry Agreement; (ii) obtain the insurance coverage described in Exhibit B -1 hereto attached; and (iii) provide the insurance policies, certificates, binders and /or endorsements to Railroad that are required in Exhibit B -1 before allowing any of its contractor(s) and their respective subcontractors to commence any work in the Crossing Area or on any other Railroad property. B. The Political Body acknowledges receipt of a copy of Railroad's current Contractor's Right of Entry Agreement, attached hereto as Exhibit D and hereby made a part hereof, and confirms that it will inform its 2017 -95 City of Pleasanton, CA Articles of Agreement revised May 12, 2004 Valley Avenue Page 1 of 3