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Res 2006-183
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Res 2006-183
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Last modified
5/13/2008 10:53:49 AM
Creation date
11/17/2006 9:25:31 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-183
Date
11/6/2006
Volume Book
170
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<br />Public Road Crossing DevelopersAgreement <br />Fonn Approved, A VP-Law 08082006 <br /> <br />8U1LDING AMERICA" ~ <br /> <br />, <br /> <br />Exhibit A <br />Exhibit A-I <br />Exhibit B <br />Exhibit B-1 <br />Exhibit C <br />Exhibit D <br />Exhibit E <br /> <br />Railroad Location Print <br />Detailed/Specification Drawings <br />Terms and Conditions <br />Insurance Requirements <br />Railroad's Estimate of Material and Force Account Work <br />Railroad's Minimum Requirements <br />Railroad Form of Contractor's Right of Entry Agreement <br /> <br />ARTICLE 2 -RAILROAD GRANTS RIGHT <br /> <br />For and in consideration of the compensation to be paid by the Developer as set forth in <br />Article 3 and in further consideration of the Developer's and City's agreement to perform and abide <br />by the terms of this Agreement, including Exhibits A, B, B-1, C and D, attached hereto and hereby <br />made a part hereof, the Railroad hereby grants to the Developer and the City, the right to establish, <br />construct, maintain, repair, renew, and use the Road as a public street over and across the Crossing <br />Area. <br /> <br />ARTICLE 3 -COMPENSATION <br /> <br />In consideration of the rights granted herein, the Developer hereby agrees to pay to the <br />Railroad the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), upon the <br />execution and delivery of this Agreement. <br /> <br />ARTICLE 4 - CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE <br /> <br />A. The Developer, or its contractors (and their respective subcontractors), as the case may be, <br />and/or the City's contractors (and their respective subcontractors), before commencing any <br />construction work on the Project, or any subsequent maintenance and repair work, within the <br />Crossing Area, or any other portion of Railroad's property, are required to; <br /> <br />. execute the Railroad's then current Contractor's RiJ!ht of Entrv AJ!reernent, attached <br />hereto as Exhibit E and hereby made a part hereof; <br />. obtain the insurance coverage described in Exhibit B-1 hereto attached; and <br />. provide to Railroad the insurance policies, certificates, binders and/or endorsements that <br />are required in Exhibit B-1. <br />B. The Developer and City acknowledge receipt of a copy of Railroad's current Contractor's <br />Right of Entry Agreement and confirm that they will inform their contractor(s) that it/they <br />and their subcontractors are required to execute such form of agreement before commencing <br />any work on any Railroad property. Under no circumstances will the Developer, the City or <br />their contractor(s) or any subcontractors be allowed on to Railroad's property without first <br />executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance <br />set forth therein and also providing to Railroad the insurance policies, binders, certificates <br />and/or endorsements described therein. <br /> <br />C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be <br />sent to: <br /> <br />Union Pacific Railroad Company <br />1400 Douglas Street MS1690 <br /> <br />Developer's Public Road Xing Agreement <br />Fonn Approved, A VP-Law - 05/0112006 <br /> <br />Articles of Agreement <br />Page 2 of 5 <br /> <br />revised May 30, 2007 <br />
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