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<br />LAW DEPARTMENT APPROVED <br />FOR TKDA USE ONLY <br /> <br />CROSSING SURFACE INSTALLATION AGREEMENT <br /> <br />BNSF RIGHT-OF-WAY <br />CO. 26 <br />nOT NO. 0817491\1 <br />MP 44.524 <br /> <br />I his Crossing Surface Installation Agreement (hereinalkr called. tms '.'\f.,'Teement") is entered into <br />effectiyc as of __, 200_. by and between CASS COUNTY. ;-';ORTH DAKOTA (hereinailer <br />called. "Agency") and BNSF RAIL\VA Y ( 01\1PANY {herl'lI1after called. the ,.( 'ompany"), <br /> <br />WHEREAS, Company operates a freIght transportatIOn system by fad \\ ith operations throughout <br />the l lnited States and Canada; and <br /> <br />WHEREAS, Agency and Company desire to replace the e:\l;.lmg erossmg surfaC(' at <br />( '0. 2(, with a new concrete and rubber cflbsing surlaee; <br /> <br />NOW. THEREFORE, in eonsideration of the mutual eovenants and agreements of the parties <br />contained herein. the receipt and sufficiency of which is hereby acknowledged. the parties abTfee as <br />follows: <br /> <br />I. Company Work. The <. 'ompany \vill install a new concrete \.'rossing surface for a width <br />of R feet from the edge of the pavement on the East side of the tracks to the edge of the pavement on <br />the West side of the tracks. The new crossing surface will adequately coyer all vehicular driving lanes at <br />Co.26. The Company will perform all necessary track upgrades to accommodate the new crossing <br />surface. <br /> <br />2. Pavment~ Invoicin!!. Upun execution of this Agreement by both parties hereto. <br />Company will send Agency an invoice detailing the total amount owed hy Agency for the new <br />crossing surface. <br /> <br />Agency agrees to pay Company Five Hundred and No:) 00 Dollars ($ 500 ) per foot for the new crossing <br />surface. Agency's total cost for the new cflIssmg surface is Sixteen Thousand and NOlI 00 Dollars <br />($..16.000 ). <br /> <br />3. ~laintenance of the Crossin!! Surface. Allcr installatIon of the new crossing surface is <br />completed. the Company will maintain. at its own cost and expense. the crossmg surface in a satisfactory <br />manner for the useful life of the crossing surface material. Notwithstanding the preceding sentence, the <br />('ompany shall be entitled to receive an\' l:ontribution toward the cost of such maintenance made <br />available by reason of any existing or future laws. ordinances, regulattons. orders, bTfants, or other means <br />(lr sources. <br /> <br />4. Drailla!!e. The Agency agrl'l'';; to alhm the Company l\) dnlln \\ater ii'om the Co.2h <br />railroad crossing area into existing Agency storm sewers, If such storm St'wer,. are available. Drain pipes <br />and tiltc:r f~lbric necessary for such drainage \\ ill be fUDllShed and instailed by the Company. <br /> <br />Form 0108 Rev. 01/20/05 <br />