Agenda - Council - 03/22/2005 - Laserfiche WebLink

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ARTICLE II - RAILROAD OBLIG,,ATIONS In consideration of the covenants of AGENcIE~.S set forth herein and the faithful performance thereof, RAILROAD agrees as follows: I. The RAILROAD will, using !t~ Own lab°r forc~slUnder applicable labor agreements, install the Crossing Signal Equipment and the new crossM§ surface al CR $6~ The work will be perf~ormed at AGENCIES expense and in accordance with the MUTCD and tl;~ plans and~s~ecifications approved by AGENCIES and MNDOT. 2. A detailed estimate of RAILROAD!S C0ns~ truction engineering, installation labor (including the costs, if any, of electrical service fi.om a pub!i~.~ utility) and-matecial .costs required for the' Project are attached hereto as Exhibit "C" and incorporated herein, lin the even:t Con~tmction for the Project has not commenced within six (6) months following the effective date of this Agreement, !LAILROAD may, in its sole and absolute discretion, revise the cost esthnates set forth in said E .~ibit '!C". Iff such: ~vent, the revised cost estimates will become a part of this Agreement as though originally set ~h herein, iAny item of work incidental to the items listed on Exhibit C not specifically mentioned therein may bo included as a pm !of this Agreement upon written approval of AGENCIES, which approval will not be~unreasonal/l~t withheld; 3. RAILROAD will furnish Mil labor, materials, tOols and equipment for the railroad portion of the work required for the construction of the Project. . 4. The RAILROAD will, at ~GENCIES'S expense, dispose of all scrap fi.om the RAILROAD'S work hereunder. 5. The RAILROAD will finali~ :and c°mPl~te billing of all incurred costs under this Agreement no later than one (1) year following installation of the Crossing Signal Equipment and the new crossing surface. 6. In consideration of the sum: of Fourteen ThOUSand and No/100 Dollars ($14,000) and the faithful performance of the Agency's covenants contained liereini BNSF shall grant to Agency, its successors and assigns, an easement to enter upon and'use that portion Of BNSF's fight-of-way (hereinaf[er the "Easement Area") as is necessary to construct, and thereafter maintain, th~ grade ~rossing as shown on Exhibit A. The easement referenced in the preceding sentence shall be g0fierned by a .separate agreement between the parties hereto which shall be executed snnultaneously w~th the execution of tMs A~eement. The parties hereto agree that Agency may not transfer, assign, convey, let or sublet .~4a. y Part:of ~he EaSement Area for any purpose whatsoever without the prior written consent of BNSF. Additionally, AgenCylunderS ~qnds and acknowledges that the Easement Area shall be granted without any promise or coven~mt of quiet enjOyment and without warranty of title. Agency understands and agrees that BNSF maintains its fight ~ use~ relOchte or :maintain raikoad track or tracks or other railroad facilities now located upon the Easement Area,;Or to com~'uct and- thereafter maintain, use and relocate any additional track or tracks or any other railroad facilities Whatsoev{r as BI~sF may desire upon or across said Easement Area. The parties further agree that if Agency ceases to use tlieEaSement Area, or any part thereof, for the purposes set forth in this Agreement, Agency will immediat, ~ly (i). deliver pos$ession of the entire Easement Area to BNSF; (ii) release and vacate the Easement Area occupied bY the publi~ road; (iii) permanently close the pUblic road or otherwise restore the Easement Area to its condition prior to ~he com~truction of the Project. ARTICLE 1~ - AGENCIES OBLIGATIONS [n consideration of the covenants of RAILKOADiset forth herein and the faithful performance thereOf, AGENCIES agrees as follows: 1. AGENCIES must Perform, atAGENCIE$'s expense, the following work: a) Installation of a pav,ement marking stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, "MUTCD,). b) Installation of advance warning s. igns in. accordance with the MUTCD. · ' : :2 Form 0104 Rev. 10/04