8.3. SR 04-04-2016 - Laserfiche WebLink

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GRADE CROSSING SIGNAL INSTALLATION AGREEMENT BNSF File No.: BF10008898 Mile Post 38.46 & 38.67 Line Segment 0025 U.S. DOT Number 082943J & 082944R Staples Subdivision THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, "Agreement"), is executed to be effective as of , 2016 by and between the CITY OF ELK RIVER, a Political Subdivision of the State of Minnesota, (hereinafter called, "AGENCY'), and BNSF RAILWAY COMPANY, a Delaware Corporation (hereinafter called, "RAILROAD"); WITNESSETH: WHEREAS, in the interest of aiding vehicular travel and public safety, the AGENCY is undertaking a project to install railroad crossing signals and activation equipment known as four quadrant gates, flashing light signals controlled by constant warning time circuitry, and vehicle loop detection; WHEREAS, the project consisting of the installation of four quadrant gates, flashing light signals controlled by constant warning time circuitry, and vehicle loop detection is located at U.S. DOT crossing 082943J & 082944R as indicated on Exhibit "A", attached hereto and incorporated herein; WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the installation of advance warning signs, pavement marking stop bars or crossing signal equipment (hereinafter collectively called, "Crossing Signal Equipment"); WHEREAS, the AGENCY is paying for the acquisition and installation of crossing signal equipment at Main Street& Jackson Avenue "with State and Federal funds pursuant to 23 U.S.C. § 130"; WHEREAS, the RAILROAD agrees to purchase and install, at AGENCY'S sole expense, the crossing signal equipment described in the scope of work herein, and upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1