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Section 1. To prepare plans and specifications for the <br />underpass described herein, which plans and specifications have <br />been submitted to the Railroads and have been approved in accordance <br />with the terms of the MOU. <br />Section 2. The City hereby acknowledges the title of the Railroads <br />in and to their premises, the right of way, and track involved herein, <br />and further agrees never to assail or resist the title as the result <br />of work performed pursuant to this agreement. In order to expedite <br />the commencement of the work provided for herein, the Railroads give <br />permission to the City and its contractors to enter upon Parcels A-1 <br />and A-2 and the proposed underpass easement areas of the Railroads' <br />property as shown on the drawing attached hereto, marked Exhibit A. <br />The permission shall commence upon award of contract for the work <br />provided herein by the City and after the contractor has provided the <br />insurance required in Article II, Section 11(b) hereof, and shall <br />extend for a period of two (2) years thereafter. <br />Section 3. To conform to the order of the California Public <br />Utilities Commission authorizing the construction of the underpass <br />with the capacity for railroad facilities described in this <br />agreement and to furnish to the Public Utilities Commission plans <br />of the underpass, approved by the Railroads, together with a copy <br />of this agreement. <br />Section 4. To acquire all rights of way necessary for con- <br />struction of the underpass. <br />Section 5. To do all necessary grading for the temporary <br />shoofly and, after completion of the underpass, to remove the <br />shoofly embankment, ballast and appurtenances. <br />5 <br />