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ROS: 880702 it
<br /> Spl. Form Approved, AVP-Law
<br /> by THB 6/2/90.
<br /> SPECIAL AGREEMENT
<br /> THIS AGREEMENT is made and entered into as of the day of July,
<br /> 1990, by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation
<br /> (hereinafter the "Railroad"); and SECURITY OWNERS CORPORATION, a California
<br /> corporation, of °555 Escobar St. , Martinez, CA 94553;attention: Mr. [Phillip E. '
<br /> Busby, President')- phone: (415)228-5872, FAX: (415)228-5884; and KAUFMAN & BROAD,
<br /> f a California corporation, of 2105 Lancey Drive- Suite 1, Modesto,lt CA 95355,
<br /> attention: Mr. Robert Knobel, V.P. - Director of Operations, phone. (209)
<br />( 523-4503, FAX: (209) 523-4626 (hereinafter collectively called..-the-11pevelop�er-l'
<br /> as their respective interests may appear) . U. R. R. �fl.
<br /> RECITALS
<br /> Union Pacific Railroad Com an AUdit t�e,�_.�. �"�-�
<br /> p y (the "Rai 1 road") owrisan,uunder round 4 "
<br /> diesel fuel transmission line which runs through the intersection of18th Street
<br /> and Fresno Ave. ,', in Stockton, CA. Security Owners Corporation and', Kaufman &
<br /> Broad (the "Developer") are in the process of constructing a sanitary
<br /> sewer/storm drain trunk line project that will pass through this intersection.
<br /> In order to facilitate Licensee's installation of it's sewer/storm flunk line,
<br /> Developer has requested Railroad's permission to temporarily cut, cap, remove
<br /> and reinstall a ;�segment of Railroad's diesel fuel line, taking all possible
<br /> precautions not to release, spill or leak any of the contents thereof.`
<br /> IL
<br /> IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
<br /> I. DEFINITION OF DEVELOPER.
<br /> For purposes of this agreement, all references in this agreement to
<br /> the Developer 9ha71 include the Developer's contractors, subcontractors,
<br /> officers, agents and employees, and others acting under its or their authority.
<br /> II. RIGHT GRANTED; PURPOSE.
<br /> The Railroad hereby grants to the Developer the right, during the term
<br /> hereinafter stated and upon and subject to each and all of the terms, provisions
<br /> and conditions herein contained, to excavate and expose a section of Railroad's
<br /> four - inch diesel fuel line located in the vicinity of the intersection of 8th
<br /> Street and Fresno Avenue, at or near Stockton, California, as shoran on the
<br /> attached print, furnished by Developer, marked Exhibit "B", for the purpose of
<br /> cutting and capping , each end of the pipe, and removing a section of the pipe
<br /> that shall be reinstalled by the Developer at a later time. The right herein
<br /> granted to Developer is limited to those portions of the Railroad's property
<br /> specifically described herein, or designated by the Railroad representative
<br /> named in Article 4.
<br /> III. TERMS AND CONDITIONS CONTAINED
<br /> IN EXHIBITS A AND A-1.
<br /> ii
<br /> The ter ms and conditions contained in Exhibits A and A-1, hereto
<br /> attached, are hereby made a part of this agreement.
<br /> v4 M�
<br /> Articles of Agreement
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