Agenda - Council - 06/26/2007 - Laserfiche WebLink

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In consideration of the sum of . and No /100 Dollars ($ ) 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 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. 2. BNSF, at the sole cost and expense of Agency, shall furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit B attached hereto and made a part hereof. In the event construction on the Project has not commenced within twelve (12) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit B . 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 B not specifically mentioned therein may be included as a part of this Agreement upon written approval of Agency, which approval shall not be unreasonably withheld. Construction of the Project shall include the following railroad work by BNSF: (a) Preliminary engineering, design, and contract preparation; (b) Furnishing of such flagging services as may be necessary for the safety of BNSF's property and the operation of its trains during construction of the Project; (c) Installation of 128LF on two tracks, for a total of 256 LF of concrete crossing surface material including upgrades to the track to accommodate new concrete crossing surface material, to adequately include all vehicular driving lanes. (d) XXXXX 3. BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost basis, when BNSF, in its. sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements. 4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or Agency's .contractor in connection with the Project which BNSF deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all such emergency work. At Grade Crossing Agreement without Signals 2 Form 010 ;Rev. 10/03 -339—