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<br /> Public Highway Crossing FarB 05!01/2006 BUILDING
<br /> Standard Form Approved, AVP-Law
<br /> EXHIBIT B
<br /> TO PUBLIC ROAD CROSSING AGREEMENT
<br /> TERMS AND CONDITIONS
<br /> SECTION 1 - CONDITIONS AND COVENANTS
<br /> a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrences. The Clty shall not use or
<br /> permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the
<br /> City shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines construded
<br /> on ttte Railroad's property by or under authority of the City for the purpose of conveying eledric power or communications inddental
<br /> to the City's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the
<br /> Railroad, and in such manner as not adversely to affed communication or signal lines of the Railroad or its licensees now or
<br /> hereafter located upon said property. No nonparty shall be admitted by the City to use or occupy any part of the Railroad's property
<br /> without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.
<br /> b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or
<br /> purposes in such manner as not unreasonably to interfere with its use as a public highway. in the event the Railroad shall place
<br /> tracks upon the Crossing Area, the City shall, at its sole cost and expense, modify the highway to conform with the rail line.
<br /> c) The right hereby granted is subjed to any existing encumbrances and rights (whether public or private), recorded or not, and also
<br /> to any renewals thereof. The City shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating
<br /> to the railroad property, unless the City at its own expense settles with and obtains releases from such nonparties.
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<br /> ~ d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent
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<br /> ~ with the right hereby granted, including, but not by way of limitation, the right to constn~d, reconstrud, maintain, operate, repair, alter,
<br /> ~ renew and replace tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all kinds of
<br /> equipment. The Railroad further reserves the right to attach signal, communication or power lines to any highway fadlities located
<br /> upon the property, provided that such attachments shall comply with City's specifications and will not interfere with the use of the
<br /> Crossing Area.
<br /> e) So far as it lawfully may do so, the City will assume, bear and pay all taxes and assessments of whatsoever nature or kind
<br /> (whether general, local or spedal) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against
<br /> the property as a component part of the Railroad's operating property.
<br /> f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the
<br /> highway and Its appurtenances, or for the performance of any work in connedaon with the Projed, the City will acquire all such other
<br /> property and rights at its own expense and without expense to the Railroad.
<br /> SECTION 2 - CONSTRUCTION OF HIGHWAY
<br /> a) The City, at its own expense, will apply for and obtain all public authority required bylaw, ordinance, rule or regulation for the
<br /> Project, and will famish the Railroad upon request with satisfactory evidence that such authority has been obtained.
<br /> b) Except as may be otherwise spedficalty provided herein, the City, at its own expense, will famish all necessary labor, material
<br /> and equipment, and shall construd and complete the highway and all appurtenances thereof. The appurtenances shall Include,
<br /> without limitation, all necessary and proper highway warning devices (except those Installed by the Railroad within its right-of--way),
<br /> and all necessary and proper drainage fadlities, guard rails or barriers, and right of way fences between the highway and the reilroad
<br /> tracks. Upon completion of the ProJed, the City shall remove from the Railroad's property all temporary strudures and false work,
<br /> and will leave the Crossing Area in a condition satisfactory to the Railroad.
<br /> c) The Railroad will receive no ascertainable benefit from the construdion of the Project, and, except as may be specifically
<br /> provided herein, shall not be required to pay or contribute any part of the cost thereof. If the Project is to be financed in whole or in
<br /> part by Federal funds, all construdion work by the City shall be performed, and any reimbursement to the Railroad for work it
<br /> performs shall be made, in accordance with the applicable Federal acts, regulations, and this Agreement.
<br /> d) All construction work of the City upon the Railroad's property (including, but not limited to, construction of the highway and all
<br /> appurtenances and all related and inddental work) shall be performed and completed in a manner satisfadory to the Vce President
<br /> Engineering Services of the Railroad or his authorized representative and in accordance with detailed plans and specfcations
<br /> prepared by and at the expense of the City, and approved in writing by the Railroad's Vice Presiderrt-Engineering Services.
<br /> Public Highway Crossing F~c6 Page 1 of 5 Exhibit B
<br /> Standard Form Approved, AVP-Law - 05/018006 Terms and Conditions
<br /> To Public Road Crossing Agreement
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