Res 2006-183 - Laserfiche WebLink

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Public Road Crossing DevelopersAgreement , Form Approved, A VP-Law 08082006 BUILDING AMERICA" . E. Notwithstanding the Railroad's approval ofthe Plans, the Railroad shall not be responsible for the design, details, permitting or construction of the Structure, ARTICLE 8 -CITY TO DEDICATE ROAD AS PUBLIC STREET; DEVELOPER TO CLOSE EXISTING ROAD CROSSING Upon the completion ofthe construction of the Road, and in compliance with the City street construction standards: . the City will dedicate the Road as a public street and will incorporate the Road into its public street system, and . the Developer will close the existing private road crossing (DOT No. 447 655C) located at Railroad Mile Post 204.00 on the Austin Subdivision. ARTICLE 9 - DEFERRED SEASONING The Railroad and Developer acknowledge that conditions inherent in the constructlOn of the overpass grade separation structure may cause the complete destabilization of Railroad's trackage supported by new cuts or fills to be deferred beyond the construction period, and that Railroad's operation over the roadbed during the seasoning period will impose extraordinary maintenance costs in the event of caving, sliding, slipping, sinking or settling, including damage to rip-rapping or protective work in connection therewith, as well as settlement and consolidation of tracks and ballast, until the seasoning period is complete. Therefore, the Developer will pay to the Railroad, as a part of the consideration for this Agreement, all that part of the cost and expense of extraordinary maintenance (hereinafter referred to as "Deferred Seasoning") associated with the Project which can be attributed to failure of subgrade, settlement, and consolidation of subballast, or roadbed, or any combination thereof, which are incurred during the penod commencing immediately following completion of the work on the underpass by the Developer or its Contractor and ending one (1) year thereafter. The Deferred Seasoning costs aforesaid shall include reimbursement of the extra cost, in excess of normal maintenance costs, of maintaining embankments and that portion of said tracks above subgrade in accordance with acceptable maintenance standards, and will include cost of maintaining proper alignment, proper surface and use of ballast and other necessary materials. The work of such Deferred Seasoning shall normally be performed by the Railroad either with its own forces or through responsible contractors employed by Railroad. In the event major construction is required for Deferred Seasoning, the Developer, at its expense, may accomplish such major items by contract, subject to approval and inspection by the Railroad. ARTICLE 10 - THE RAILROAD'S SPECIFICATIONS The City and the Developer, at their expense, shall ensure that the Contractor shall comply with all of the terms and conditions contained in the Railroad's Minimum Requirements that are described in Exhibit D and other special guidelines that the Railroad may provide to the City and the Developer for this Project. ARTICLE 11- EFFECTIVE DATE; TERM This Agreement shall become effective as of the date first herein written, or the date work Developer's Public Road Xing Agreement Form Approved, A VP-Law - 05/0112006 Articles of Agreement Page 4 of 5 revised May 30, 2007