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GRADE CROSSING SIGNAL INSTALLATION AGREEMENT <br />BNSF File No.: BF10008355 <br />Mile Post 34.51, 35.66, 36.75 <br />Line Segment 25 <br />U.S. DOT Number 082936Y, 082938M, 917432K <br />Staples Subdivision <br />THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter <br />called, "Agreement"), is executed to be effective as of , 20, by and between <br />the City of Elk River (hereinafter called, "AGENCY"), and BNSF RAILWAY COMPANY, a <br />Delaware Corporation (hereinafter called, "RAILROAD"); <br />WITNESSETH: <br />WHEREAS, in the interest of aiding vehicular travel and public safety, the AGENCY is <br />undertaking a project to install/relocate railroad crossing signals and activation equipment known <br />as Flashers/Gates and Pedestrian Gates; <br />WHEREAS, the project at 171s' Street is located at U.S. DOT crossing 917432K will <br />include an installation of pedestrian gates and surface installation as indicated on Exhibit "A", <br />attached hereto and incorporated herein; <br />WHEREAS, the project at 165th Avenue is located at U.S. DOT crossing 082938M will <br />include signal relocation and surface installation to accommodate the roadway widening as <br />indicated on Exhibit "A", attached hereto and incorporated herein; <br />WHEREAS, the project at Jarvis Street is located at U.S. DOT crossing 082936Y will <br />include signal relocation and surface installation to accommodate the roadway widening as <br />indicated on Exhibit "A", attached hereto and incorporated herein; <br />WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit <br />from the installation of advance warning signs, pavement marking stop bars or crossing signal <br />equipment (hereinafter collectively called, "Crossing Signal Equipment"); <br />WHEREAS, the AGENCY is paying for the acquisition and installation/relocation of <br />crossing signal equipment at 171St Street, 165th Avenue and Jarvis Street. <br />WHEREAS, the RAILROAD agrees to purchase and install, at AGENCY'S sole <br />expense, the crossing signal equipment and the new crossing surface described in the scope of <br />work herein, and upon the terms and conditions set forth below. <br />1 <br />