2025.10.06 CC Packet - Laserfiche WebLink

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Contract Number: BF-20583561 2 of 59 WHEREAS, the MNNR agrees to purchase and install, at AGENCY’S sole expense, the crossing signal equipment and the new crossing surface 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: ARTICLE I – SCOPE OF WORK 1) The term "Project" as used herein includes any and all work related to the installation of the new bituminous trail of the 130th Street North by Agency and installation of the bell and new crossing surface at U.S. D.O.T No. 082586J, (hereinafter referred to as the "Crossing") by MNNR, more particularly described on the Exhibit A, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and co nstruction engineering and contract preparation. ARTICLE II – RAILROAD OBLIGATIONS In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF agrees as follows: 1) Upon Agency’s payment to BNSF of an administrative fee in the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500), together with the Temporary Construction License Fee in the sum of One Thousand and No/100 Dollars ($1,000), BNSF hereby grants to Agency, its successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a temporary non-exclusive license (hereinafter called, “Temporary Construction License”) to enter upon and use the portion of BNSF’s right-of-way as is necessary to install a new bituminous trail and thereafter maintain, the Crossing as described further on Exhibit A-1, excepting and reserving BNSF’s rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: A. Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said right-of-way;