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17-130.01 UPRR: North Sullivan ITS City #17-130.01 SUPPAGR.DOC 980220 Form Approved,AVP-Law Audit: 287037 Folder: 03063-82 SUPPLEMENTAL AGREEMENT rfr 44HIS SUPPLEMENTAL AGREEMENT is entered into on the /J day of , 20;0, between UNION PACIFIC RAILROAD COMPANY ("Licensor") and CITY OF SPOKANE VALLEY, whose address is 10210 E. Sprague Ave, Spokane Valley, Washington 99203 ("Licensee"). RECITALS: Whereas, by instrument dated October 11, 2017, Licensor and Licensee, or their predecessors in interest, entered into an agreement("Basic Agreement"), identified as Audit No. 287037,at SPOKANE VALLEY,WASHINGTON. Whereas Licensor is renewing the approval of the installation of an overhead fiber optic wireline crossing to allow Licensee to install its facility. AGREEMENT: NOW,THEREFORE,IT IS AGREED by and between the parties hereto as follows: Article 1. CONSENT TO WORK. This Supplemental Agreement will serve as notification that the Railroad Company approves of your intentions to install an overhead fiber optic wireline crossing in accordance with Exhibit A. Article 2. NOTICE OF COMMENCEMENT OF WORK/RAILROAD REPRESENTATIVE /SUPERVISION/FLAGGING/SAFETY. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Railroad, by calling the Response Management Communication Center at (888) 877-7267 before commencing any work. In all other situations, the Licensee shall notify the Railroad at least ten (10) days (or such other time as the Railroad may allow) in advance of the commencement of any work upon property of the Railroad in connection with the construction,maintenance,repair, renewal, modification, reconstruction, relocation or removal of the Wireline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial and any subsequent work with the following employee of Railroad or his or her duly authorized representative (hereinafter "Railroad Representative" or"Railroad Representative"): UP.info@railpros.com Kevin F. Duffy (877)-315-0513 x. 116 MGR I SIGNAL MNTCE 77870 HERMISTON-HINKLE RD Suite 7 HERMISTON, OR 97838 208-241-8196 kfduffy@up.com Article 3. EFFECTIVE DATE. This Supplemental Agreement shall be effective as of April 01,2020. Article 4. AGREEMENT SUPPLEMENT. Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein. Article 5. ADMINISTRATIVE HANDLING CHARGE. Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the Licensor an administrative handling charge of Two Thousand Five Hundred DOLLARS($2,500.00). IN WITNESS WHEREOF,the parties have executed this Supplemental Agreement as of the day and year first written. UNION PACIFIC RAILROAD COMPANY CITY OF SPOKANE VALLEY Y By: By: �n I W 1�1e Kylan rawford Name Printed: Ark rk Ca(AUJb1 Sr Mgr Real Estate Contr s Title: (A.Y /1/101P.r