Laserfiche WebLink
5 <br />Public Highway At-Grade Crossing Agreement <br />DOT DOT# 980280H, Project 0787250 <br />Railroad's standard specifications and requirements, including, without limitation, <br />American Railway Engineering and Maintenance-of-Way Association ("AREMA") <br />standards and guidelines. Railroad has no obligation to supply additional land for any <br />Non Railroad Facilities and does not waive its right to assert preemption defenses, <br />challenge the right-to-take, or pursue compensation in any condemnation action, <br />regardless if the submitted Non Railroad Facilities plans and specifications comply with <br />Railroad's standard specifications and requirements. Railroad has no obligation to permit <br />any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. <br /> <br /> B. Upon Railroad's approval of submitted Non Railroad Facilities plans and <br />specifications, Railroad will attempt to incorporate them into new agreements or <br />supplements of existing agreements with Non Railroad Facilities owners or operators. <br />Railroad may use its standard terms and conditions, including, without limitation, its <br />standard license fee and administrative charges when requiring supplements or new <br />agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence <br />before a supplement or new agreement has been fully executed by Railroad and the Non <br />Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree <br />in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be <br />Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, <br />and (iii) supplement this Agreement with terms and conditions covering the Non Railroad <br />Facilities. <br /> <br />Section 10. EFFECTIVE DATE; TERM; TERMINATION <br /> <br />A. This Agreement is effective as of the Effective Date first herein written and <br />shall continue in full force and effect for as long as the Roadway remains on the Railroad’s <br />property. <br /> <br />B. The Railroad, if it so elects, may terminate this Agreement effective upon <br />delivery of written notice to the Political Body in the event the Political Body does not <br />commence construction on the portion of the Project located on the Railroad’s property <br />within twelve (12) months from the Effective Date. <br /> <br />C. If the Agreement is terminated as provided above, or for any other reason, <br />the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in <br />connection with the Project up to the date of termination, including, without limitation, all <br />actual costs incurred by the Railroad in connection with reviewing any preliminary or final <br />Project Plans. <br /> <br />Section 11. CONDITIONS TO BE MET BEFORE <br /> POLITICAL BODY CAN COMMENCE WORK <br /> <br />Neither the Political Body nor the Contractor may commence any work within the <br />Crossing Area or on any other Railroad property until: <br /> <br />(i) The Railroad and Political Body have executed this Agreement.