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i <br />CLD No. 20782 <br />CI% dF PLEASANTON ORIGMAT_ . <br />Audit No. <br />THIS AGREEMENT is made this oZ 9tA day of , 19 96 by <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 />The Southern Pacific and the Western Pacific are sometimes collectively <br />called "Railroads". <br />RECITALS. <br />The Railroads own and operate lines of railroad in and through <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 Commission. 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 />/D-2FS-S� <br />