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Contract Number: BF-20583561 <br /> <br />13 of 59 <br />8) The construction of the Project will not commence until Agency gives BNSF's Manager <br />Public Projects thirty (30) days prior written notice of such commencement. The <br />commencement notice will reference BNSF's file number and D.O.T. Crossing No. <br />082586J and must state the time that construction activities will begin. <br /> <br />9) In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF, <br />MNNR and the Agency agree to the following terms upon completion of construction <br />of the Project: <br /> <br />A. Agency will own and be fully responsible for repairs, maintenance, future <br />construction or reconstruction of the 130TH Street North roadway. <br /> <br />B. Agency will maintain the elevation of the 130th Street North roadway <br />approaches to match the elevation on the railroad track crossing surfaces and <br />to be no more than three (3) inches above or six (6) inches below top -of-rail <br />elevation at a distance measured thirty (30) feet from the nearest rail. <br /> <br />C. Agency will maintain the advanced railroad crossing warning signs and <br />pavement markings and agrees to hold harmless and indemnify BNSF and <br />MNNR for any claims, damages or losses, in whole or in part, caused by or due <br />to the Agency’s failure to maintain the advanced warning signs and markings <br />or other requirements of the MUTCD. <br /> <br />D. Agency will do nothing and permit nothing to be done in the maintenance of the <br />130th Street North roadway, which will interfere with or endanger facilities of <br />MNNR. <br /> <br />E. It is expressly understood by Agency, BNSF, and MNNR that any right to install <br />utilities will be governed by a separate permit or license agreement between <br />the parties hereto. <br /> <br />F. MNNR will, at its sole cost and expense, operate and maintain the Crossing <br />Signal Equipment, Crossing Signal Control House, and the new crossing <br />surfaces, from end-of-tie to end-of-tie, in proper condition and the new crossing <br />surfaces, from end-of-tie to end-of-tie. <br /> <br />G. Notwithstanding the preceding provision, if any regulations, ordinances, acts, <br />rules or other laws subsequently passed or amended by the Agency or any <br />other governmental or legislative authority increase the Agency’s portion of <br />maintenance cost under this Agreement, BNSF and MNNR will receive the <br />benefit of any such regulations, ordinances, acts, rules or other laws and the