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Public Highway At -Grade Crossing 06/01/10 „
<br />Standard Form Approved, AVP -Law BUILDING AMERICA
<br />EXHIBIT D
<br />TO PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT
<br />GENERAL 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 City shall
<br />not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting
<br />the foregoing, the City shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe
<br />lines. Any lines constructed on the Railroad's property by or under authority of the City for the purpose of conveying electric
<br />power or communications incidental to the City's use of the property for highway purposes shall be constructed in accordance
<br />with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal
<br />lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the City to
<br />use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the
<br />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
<br />convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the City shall, at its
<br />sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.
<br />C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or
<br />unrecorded, and also to any renewals thereof. The City shall not damage, destroy or interfere with the property or rights of
<br />nonparties in, upon or relating to the Railroad's property, unless the City at its own expense settles with and obtains releases
<br />from such 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
<br />inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain,
<br />operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the
<br />Crossing Area with all kinds of equipment.
<br />E. So far as it lawfully may do so, the City will assume, bear and pay all taxes and assessments of whatsoever nature or
<br />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.
<br />F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use
<br />of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the City 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 City, 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 City, 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
<br />shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad
<br />within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the
<br />Roadway and the railroad tracks. Upon completion of the Project, the City shall remove from the Railroad's property all
<br />temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
<br />C. All construction work of the City upon the Railroad's property (including, but not limited to, construction of the
<br />Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner
<br />satisfactory to the Assistant Vice President Engineering- Design of the Railroad or his authorized representative and in
<br />compliance with the Plans, and other guidelines furnished by the Railroad.
<br />Public Highway At -Grade Crossing 06/01/10 Page 1 of 5 Exhibit D
<br />Standard Form Approved, AVP -Law General Terms and Conditions
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