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NILES - PLEASANTON TRACK CONSOLIDATION PROJECT <br />from the State of California in the allocated amount of $5,000,000 will be on <br />the basis of 75% to CITY and 25% to COUNTY. <br />5. That the final sharing of the grade separation funds to be received <br />from the State of California in the allocated amount of $5,000,000 will be based <br />upon the percentage relationship that the total cost of the portion of the com- <br />pleted project located within CITY, and the total cost of the portion of the <br />completed project located within the <br />total combined cost of <br />CITY and COUNTY. Upon <br />the completed <br />determination <br />unincorporated area of COUNTY, bear to the <br />project located within the said areas of <br />of the final percentage entitlement of each <br />party hereto, any refund due either CITY or COUNTY because of an advance over- <br />payment made under the authority of paragraph 4 above will be made promptly by <br />the party that was overpaid. <br />6. That those costs incurred by the two railroad companies involved <br />associated with permanent track relocations and the temporary rerouting of rail <br />traffic of The Western Pacific Railroad Company onto tracks of the Southern Pacific <br />Transportation Company, including track connections, signals and communications <br />changes, and other work associated therewith, as described in subparagraphs 6a <br />through 6e, Part I, of the aforesaid four -party agreement executed on March 23, <br />1982, shall be considered attributable to the project as a whole, and shall be <br />shared in the same percentage relationship as set forth in paragraph 5 above. <br />7. That this agreement shall be subject (a) to the geographic limitations <br />imposed by the State of California- County of Alameda agreement obligating the <br />State's payment of the allocated amount of $5,000,000 for expenditure on the <br />aforesaid track consolidation project, (b) to the method by which the State will <br />provide payment of the funds as set forth within the aforesaid State - County agree- <br />ment, and (c) to any other relevant provisions contained within the aforesaid <br />State - County agreement. <br />8 That CITY reserves the right to assign its construction inspectors on <br />CITY's portion of the project with the express understanding and condition that <br />said CITY's inspectors shall work under the direction of COUNTY's resident con- <br />struction inspector. <br />9. That CITY and COUNTY will be represented in matters concerning this <br />-6 <br />