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Public Road At -Grade Crossing Agreement ExB
<br />BUILDING AMERICA" Standard Form Approved, AVP -Law — 3/10/05
<br />EXHIBIT B
<br />TO PUBLIC ROAD AT GRADE 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 encumbrances. The Political Body shall
<br />not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the
<br />foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe
<br />lines. Any lines constnicted on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric
<br />power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in
<br />accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or
<br />signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the
<br />Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall
<br />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 Political Body shall, at its sole cost and expense, modify the highway to conform with the rail line.
<br />c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and
<br />also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in,
<br />upon or relating to the railroad property, unless the Political Body at its own expense settles with and obtains releases from such
<br />nonparties.
<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
<br />with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, 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 facilities located
<br />upon the property, provided that such attachments shall comply with Political Body's specifications and will not interfere with the use
<br />of the Crossing Area.
<br />e) So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature
<br />or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and
<br />against 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 />Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire
<br />all such other property and rights at its own expense and without expense to the Railroad.
<br />SECTION 2. CONSTRUCTION OF ROADWAY
<br />a) The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for
<br />the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
<br />b) Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor,
<br />material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall
<br />include, without limitation, all necessary and proper highway waming devices (except those installed by the Railroad within its right
<br />of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad
<br />tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and
<br />false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
<br />c) All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway
<br />and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant
<br />Vice President Engineering - Design of the Railroad or his authorized representative and in accordance with the Plans, and other
<br />guidelines furnished by the Railroad.
<br />d) All construction work of the Political Body shall be performed diligently and completed within a reasonable time, and in any event
<br />Public Road At -Grade Crossing Agreement Ex13 Terms of Agreement Exhibit B
<br />Standard Form Approved, AVP -Law — 3/10/05 Page 1 of 4 To Public Road At -Grade Crossing Agreement
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