Agenda - Council - 10/28/2008 - Laserfiche WebLink

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granted without any promise or covenant of quiet enjoyment and without warranty oftitIe. Agency understands and agrees that BNSF maintains its right to use, relocate or maintain railroad track or tracks. or other railroad facilities now located upon the Easement Area, or to construct and thereafter maintain, use and relocate any additional track or tracks or any other railroad facilities whatsoever as BNSF may desire upon or across said Easement Area. The parties further agree that if Agency ceases to use the Easement Area, or any part thereof, for the purposes set forth in this Agreement, Agency will immediately (i) deliver possession of the entire Easement Area to BNSF; (ii) release and vacate the Easement Area occupied by the public road; (iii) permanently close the public road or otherwise restore the Easement Area to its condition prior to the construction of the Project. ARTICLE III - AGENCIES OBLIGATIONS In considerati<;m ofthe covenants of RAILROAD set forth herein and the faithful performance thereof, AGENCIES agrees as follows: 1. AGENCIES must perform, at AGENCIES'S expense, the following work: a) Installation of a pavement marking stop bar in accordance with the MUTCD. b) Installation of advance warning signs in accordance with the MUTCD. 2. The AGENCIES or MNDOT must provide BNSF in writing, the total cycle time required from the start of the preempt cycle of highway traffic control signals on Trunk Highway 10, until the arrival of the train at the highway-rail grade crossing. MN must approve the total cycle time. a) BNSF will enter into separate agreement with :MNDOT for placement of all necessary cable. and conduit on Railroad property. b) The Agency or its contractor will connect the highway traffic control signals to the contact terminals in . the interface box including all necessary cable and conduit c) The Agency or its contractor must install the new highway traffic control signals. d) MNDOT, at their expense, install the highway traffic control signals up to and including connection to the contact terminals in the interface box in~luding all necessary cable and conduit e) Following installation of the traffic control signals, the Agency will own, operate and maintain, at its expense, the highway traffic control signals up to and including connection to the contact terminals in the in the interface box including all necessary cable and conduit. 3. The AGENCIES will approve the location of the signals and signal bungalow prior to installation by RAILROAD. 4. Actual costs for engineering, materials and labor (including third party charges for the installation of electrical service) associated with the installation of the Crossing Signal Equipment and the new crossing surface must be paid by the AGENCIES. 5. In the event the services of a consultant are needed after execution of this Agreement due to any exigency of the RAILROAD and the Project, the AGENCIES and the RAILROAD :will mutually agree, in writing, as to the selection of a consultant and the applicable scope of work to be performed by such consultant. All work performed hereunder by any consultant and any resulting costs must be paid by AGENCIES as a part of the costs for the Project. 3 Form 0104 Rev. 10/04 -173-:-