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<br />Public Road Xing Developer's Overpass ExB
<br />Approved A VP-Law 080852006
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<br />BUILDING AMERICA' In
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<br />EXHIBIT B
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<br />TO PUBLIC ROAD CROSSING DEVELOPER'S OVERPASS AGREEMENT
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<br />TERMS AND CONDITIONS
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<br />SECTION 1 - CONDITIONS AND COVENANTS
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<br />a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances, The Developer and the City
<br />shall 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 Developer and the City shall not use or permit use of the Crossing Area for railroad purposes, orfor gas, oil or gasoline
<br />pipe lines Any lines constructed on the Railroad's property by or under authority of the Developer and the City for the purpose of
<br />conveying electric power or communications incidental to the Developer and the City's use of the property for highway purposes shall
<br />be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect
<br />communication or signal lines of the Railroad or its licensees now or hereafter located upon said property No nonparty shall be
<br />admitted by the Developer and the City to use or occupy any part of the Railroad's property without the Railroad's written consent.
<br />Nothing herein shall obligate the Railroad to give such consent
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<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 Developer and the City shall, at its sole cost and expense, modify the highway to conform with the
<br />rail line,
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<br />c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also
<br />to any renewals thereof The Developer and the City shall not damage, destroy or interfere with the property or rights of nonparties
<br />in, upon or relating to the railroad property, unless the Developer and the City at its own expense settles with and obtains releases
<br />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
<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 Developer and the City's specifications and will not interfere with
<br />the use of the Crossing Area.
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<br />e) So far as it lawfully may do so, the Developer and the City will assume, bear and pay all taxes and assessments of whatsoever
<br />nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon
<br />and against the property as a component part of the Railroad's operating property
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<br />f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the
<br />Structure and its appurtenances, or for the performance of any work in connection with the Project, the Developer and the City will
<br />acquire all such other property and rights at its own expense and without expense to the Railroad,
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<br />SECTION 2 - CONSTRUCTION OF STRUCTURE
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<br />a) The Developer and the City, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or
<br />regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained
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<br />b) Except as may be otherwise specifically provided herein, the Developer and the City, at its expense, will furnish all necessary
<br />labor, material and equipment, and shall construct and complete the Structure and all appurtenances thereof The appurtenances
<br />shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between
<br />the Structure and the railroad tracks. Upon completion of the Project, the Developer and the City shall remove from the Railroad's
<br />property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad
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<br />c) All construction work of the Developer and the City upon the Railroad's property (including, but not limited to, construction of the
<br />Structure and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the
<br />Assistant Vice President Engineering - Design of the Railroad or his authorized representative and in accordance with the Plans, the
<br />Railroad's Minimum Requirements set forth in Exhibit D and other guidelines furnished by the Railroad,
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<br />d) All construction work of the Developer and the City shall be performed diligently and completed within a reasonable time, and in
<br />any event within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in
<br />writing by the Railroad's Assistant Vice President Engineering - Design, No part of the Project shall be suspended, discontinued or
<br />unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify It is
<br />understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work
<br />and that movement or stoppage of trains, engines or cars may cause delays in the work of the Developer and the City The
<br />Developer and the City hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay
<br />shall be made against the Railroad,
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<br />Public Road Xing Developer's Overpass ExB
<br />Approved A VP-Law 05/01/2006
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<br />Page 1 of 4
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<br />Exhibit B
<br />Terms and Conditions
<br />To Public Road Crossing Developer's Overpass Agreement
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