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<br />LAW DEPARTMENT APPROVED <br /> <br />Mile Post 31.79 <br />Line Segment 25 <br />U.S. DOT Number 082932W <br />SUB Staples <br /> <br />GRADE CROSSING SIGNAL INSTALLATION AGREEMENT <br /> <br />THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, "Agreement"), <br />is executed to be effective as of ,20_, by and between the City of Ramsey and Anoka County, <br />Political Subdivisions of the State of Minnesota, (hereinafter called, "AGENCIES"), and The BNSF Railway <br />Company, a Delaware Corporation (hereinafter called, "RAILROAD"); <br /> <br />WITNESSETH: <br /> <br />WHEREAS, in the interest of aiding vehicular travel and public safety, the AGENCIES are undertaking a <br />project to install railroad crossing signals and activation equipment known as cantilevers, flashing lights, gates and <br />simultaneous pre-emption with the Trunk Highway 10, (TH 10) MNDOT traffic signals; <br /> <br />WHEREAS, the project County State Aid Highway 83, (CSAH 83), also known as Armstrong Blvd., is <br />located at U.S. DOT crossing 082932W as indicated on exhibit "N" attached hereto and incorporated herein; <br /> <br />WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the' <br />installation of advance warning signs, pavement marking stop bars or crossing signal equipment (hereinafter <br />collectively called, "Crossing Signal Equipment"); <br /> <br />WHEREAS, AGENCIES also desires RAILROAD to replace the existing crossing surface at CSAH 83 <br />with a new concrete crossing surface, on the roadways new alignment; <br /> <br />WHEREAS, the AGENCIES are paying for the acquisition and installation of crossing signal eql1ipment <br />and the new crossing surface at CSAH 83 with local funds. <br /> <br />WHEREAS, the RAILROAD agrees to purchase and install, at AGENCIES sole expense, the crossing <br />signal equipment and the new crossing surface described in the scope of work herein, and. upon the terms and <br />conditions set forth below. <br /> <br />WHEREAS, Agencies desire to preempt the highway traffic control signals with the grade crossing <br />warning devices shown on Exhibit "NZ" which will be installed by the City's contractor, and owned and maintained <br />by the County; and <br /> <br />WHEREAS, RAILROAD will enter into separate agreement with the State of Minnesota and Anoka <br />County for the funding of installation, ownership and maintenance of traffic signal interconnect equipment. <br /> <br />WHEREAS, BNSF will allow the Agencies to preempt the highway traffic control signals with the grade <br />crossing warning devices shown on Exhibit "A~lsubjectto the mutual covenants contained in this Agreement;. <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained <br />herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: <br /> <br />ARTICLE I - SCOPE OF WORK <br /> <br />1 <br /> <br />Form 0104 Rev. 10/04 <br /> <br />-172- <br />