Agenda - Council - 10/24/2006 - Laserfiche WebLink

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pavement marking stop bars, installation of any new crossing surface, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. ARTICLE II — RAILROAD OBLIGATIONS In consideration of the covenants of AGENCIES set forth herein and the faithful performance thereof, RAILROAD agrees as follows: 1. The RAILROAD will, using its own labor forces under applicable labor agreements, install the Crossing Signal Equipment and the new crossing surface at CR 83. The work will be performed at AGENCIES expense and in accordance with the MUTCD and the plans and specifications approved by AGENCIES and MNDOT. 2. BNSF will provide an interface box with contact terminals, at Agency's expense on the side of the railroad instrument cabin. 3 BNSF will operate and maintain, at its expense, the necessary relays and the .other materials required to preempt the highway traffic control signals with the grade crossing warning devices. 4. BNSF will to operate and maintain, at its expense, the railroad crossing warning devices up to the contact terminals in the interface box. 5. A detailed estimate of RAILROAD'S construction engineering, installation labor (including the costs, if any, of electrical service from a public utility) and material costs required for the Project are attached hereto as Exhibit "C" and incorporated herein. In the event construction for the Project has not commenced within six (6) months following the effective date of this Agreement, RAILROAD may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit "C ". In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit C not specifically mentioned therein may be included as a part of this Agreement upon written approval of AGENCIES, which approval will not be unreasonably withheld. 6. RAILROAD will furnish all labor, materials, tools and equipment for the railroad portion of the work required for the construction of the Project. 7. The RAILROAD will, at AGENCIES'S expense, dispose of all scrap from the RAILROAD'S work hereunder. 8. The RAILROAD will finalize and complete 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. 9. In consideration of the sum of XXXX Thousand and No /100 Dollars ($XX,000) and the faithful performance of the Agency's covenants contained herein, BNSF shall grant to Agency, its successors and assigns, an easement to enter upon and use that portion of BNSF's right -of -way (hereinafter the "Easement Area ") as is necessary to construct, and thereafter maintain, the grade crossing as shown on Exhibit A. The easement referenced in the preceding sentence shall be governed by a separate agreement between the parties hereto which shall be executed simultaneously with the execution of this Agreement. The parties hereto agree that Agency may not transfer, assign, convey, let or sublet any part of the Easement Area for any purpose whatsoever without the prior written consent of BNSF. Additionally, Agency understands and acknowledges that the Easement Area shall be granted without any promise or covenant of quiet enjoyment and without warranty of title. 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 Form 0104 Rev. 10/04 —221—