Agmt 2005 Hudson ICS - Laserfiche WebLink

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receipt of this payment, City agrees to enter into the Railroad Crossing Agreement. Owner agrees to indemnify and hold the City, its employees and officers from and against Liabilities incurred by City in Article S.C. and Exhibit B, Section 5 of the Railroad Crossing Agreement (consisting of costs that exceed the railroad estimate for the signal arm relocation as well as future costs of maintenance and repair of the relocated signal arm device). In addition, Owner (or its Contractor) shall pay any fees required by Union Pacific pursuant to Exhibit D (Contractor's Right of Entry Agreement) of the Railroad Crossing Agreement, as well as any flagging costs required under Article 5 of the Railroad Crossing Agreement. City agrees to seek any required PUC approvals from the PUC to construct a b0-foot wide crossing, consisting of two 12-foot traffic lanes, two 5-foot bicycle lanes, an 11-foot median and two 6.5- foot sidewalks. City will enter into an agreement with Union Pacific to acquire the rights for the wider crossing configuration and for Union Pacific to undertake the necessary additional improvements required by the wider crossing. As a precondition to City being obligated to enter into such an agreement with Union Pacific, Owner shall have paid to City any and all amounts required to acquire the rights for the wider crossing and compensate Union Pacific for any additional improvements needed to facilitate the wider crossing. The parties agree that no work on the Project will commence until the City has acquired the additional rights from Union Pacific. In the event that City cannot reach agreement with Union Pacific for the additional rights and crossing work required by the wider crossing or the PUC fails to give a required authorization for the wider crossing, City will be under no obligation to complete the public crossing process and will refund to Owner such amounts to be paid hereunder that have not either been paid to Union Pacific or used for inspections. 6. Location of Construction Yard. Owner agrees to locate any construction yard for the storage of equipment, vehicles, supplies and materials, or the preparation or fabrication thereof, to be used in connection with the installation of improvements for said project or the construction of buildings therein, in such a manner so as to cause a minimum of inconvenience to persons living in the areas immediately adjacent to said project, including installation of appropriate fencing and screening, and to obtain the STANDARD PUBLIC IMPROVEMENT AGREEMENT Page 4 of 16 G:A_LD\_Address\400 Hudson Ln -Hudson PropertyU 155057_3.DOC 1155057.3