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<br />Public Road Xing Developer's Overpass ExB
<br />Approved AVP-Law 08082006
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<br />e) Suspension of Work. If at any time the Developer and the City's engineers or the Vice President-Engineering Services of the
<br />Railroad or their respective representatives shall be of the opinion that any work of the Developer and the City is being or is about to
<br />be done or prosecuted without due regard and precaution for safety and security, the Developer and the City shall immediately
<br />suspend the work until suitable, adequate and proper protective measures are adopted and provided
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<br />f) Removal of Debris. The Developer and the City shall not cause, suffer or permit material or debris to be deposited or cast upon,
<br />or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the
<br />Railroad's property by the Developer and the City at the Developer and the City's own expense or by the Railroad at the expense of
<br />the Developer and the City. The Developer and the City shall not cause, suffer or permit any snow to be plowed or cast upon the
<br />Railroad's property during snow removal from the Crossing Area.
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<br />g) Explosives, The Developer and the City shall not discharge any explosives on or in the vicinity ofthe Railroad's property without
<br />the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the
<br />Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or
<br />facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property
<br />or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or
<br />other persons, or cause damage to or interference with the facilities or operations on the Railroad's property The Railroad reserves
<br />the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives
<br />as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate,
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<br />h) Excavation. The Developer and the City shall not excavate from existing slopes nor construct new slopes which are excessive
<br />and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks
<br />of the Railroad. The Developer and the City shall not do or cause to be done any work which will or may disturb the stability of any
<br />area or adversely affect the Railroad's tracks or facilities, The Developer and the City, at its own expense, shall install and maintain
<br />adequate shoring and cribbing for all excavation and/or trenching performed by the Developer and the City in connection with
<br />construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a
<br />manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered,
<br />including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.
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<br />i) Drainaae. The Developer and the City, at the Developer and the City's own expense, shall provide and maintain suitable
<br />facilities for draining the Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect
<br />upon property of the Railroad. The Developer and the City, at the Developer and the City's own expense, shall provide adequate
<br />passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from
<br />the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Developer and the
<br />City, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or
<br />property of others. The Developer and the City shall not obstruct or interfere with existing ditches or drainage facilities
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<br />j) Notice. Before commencing any work, the Developer and the City shall provide at least ten (10) days prior notice (excluding
<br />weekends and holidays) to the Railroad's Manager-Track Maintenance,
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<br />k) Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property, Protection of the fiber optic cable
<br />systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of
<br />revenue and profits. Developer and the City shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.rn.
<br />Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to
<br />determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Developer and the City If it is,
<br />Developer and the City will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make
<br />arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises_
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<br />SECTION 7 - INTERIM WARNING DEVICES
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<br />If at anytime it is determined by a competent authority, by the Developer and the City, or by agreement between the parties, that
<br />new or improved train activated warning devices should be installed at the Crossing Area, the Developer and the City shall install
<br />adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until
<br />the construction or reconstruction of the Structure has been completed.
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<br />SECTION 8 - OTHER RAILROADS
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<br />All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad
<br />company lawfully using the Railroad's property or facilities,
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<br />SECTION 9 - REMEDIES FOR BREACH OR NONUSE
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<br />a) If the Developer and the City shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in
<br />addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the
<br />Structure and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or
<br />jeopardize the Railroad's employees, and the Developer and the City will reimburse the Railroad for the expenses thereof.
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<br />Public Road Xing Developer's Overpass ExB
<br />Approved AVP-Law 05/01/2006
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<br />Page 3 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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