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CROSSING SURFACE INSTALLATION AGREEMENT <br /> <br /> <br /> <br />BNSF File No.: BF10009482 <br />Mile Post 36.75 <br />Line Segment 25 <br />U.S. DOT Number 917432K <br />Staples Subdivision <br /> <br /> <br /> <br />This Crossing Surface Installation Agreement (hereinafter called, this “Agreement”) is entered <br />into effective as of , 20__, by and between City of Elk River (hereinafter called, <br />“AGENCY”) and BNSF Railway Company (hereinafter called, “BNSF”). <br /> <br />WHEREAS, BNSF operates a freight transportation system by rail with operations throughout the <br />United States and Canada; and <br /> <br />WHEREAS, AGENCY desires to replace the existing Main 2 concrete crossing surface at 171st <br />St with a new concrete crossing surface; <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties <br />contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as <br />follows: <br /> <br />1. BNSF Work. The Company will install a new concrete crossing surface for a width of <br />10 feet from the edge of the pavement on the south side of the tracks to the edge of the pavement on the <br />north side of the tracks. The new crossing surface will adequately cover all vehicular driving lanes at <br />171st St. The Company will perform all necessary track upgrades to accommodate the new crossing <br />surface. <br /> <br />2. Payment; Invoicing. Upon execution of this Agreement by both parties hereto, <br />Company will send Agency an invoice detailing the total amount owed by Agency for the new crossing <br />surface. Company shall send to Agency a final invoice upon completion and Agency shall pay the final <br />invoice within 30 days of receipt. <br /> <br />Agency’s ESTIMATED total cost for the new crossing surface is sixty-seven thousand four hundred and <br />six and No/100 Dollars ($67,406.00). <br /> <br />3. Maintenance of the Crossing Surface. After installation of the new crossing surface is <br />completed, BNSF will maintain, at its own cost and expense, the crossing surface, against normal wear <br />and tear, in a satisfactory manner for the expected life of the crossing surface. Notwithstanding the <br />preceding sentence, BNSF shall be entitled to receive any contribution toward the cost of such <br />maintenance made available by reason of any existing or future laws, ordinances, regulations, orders, <br />grants, or other means or sources. <br /> <br />4. Vehicular Traffic during Installation. The AGENCY shall provide, at its own cost and <br />expense, all necessary barricades, lights or traffic control devices for detouring vehicular/pedestrian <br />traffic at the 171st St Street crossing during installation of the new crossing surface.