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Belmont at Magnolia Traffic Signal Railroad Agreement5 executed in duplicate this day of 19l 1, by and between THIS AGREEMENT, P � UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the ,Railroad,), and CITY OF SAUNA, a municipal corporation ofthe State ofKansas (hereinafter the "Political Body'), WITNESSETH: RECITALS: The Political Body has requested the Railroad to remove four (4) existing cantilever signals from the intersection of Magnolia Road, Belmont Boulevard and Railroad's McPherson Branch at Milepost 547.96, DOT 815073N, in Salina, Saline County, Kansas which the Railroad is agreeable, but solely upon terms and conditions hereinafter set forth. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: 1. The Railroad shall furnish all labor, material, equipment and supervision to remove four (4) existing cantilever signals at the intersection of Magnolia Road, Belmont Boulevard and Railroads McPhereson Branch as set forth in Estimate of Material and Force Account dated June 6, 1999- marked Exhibit 'W'. 2. The Political Body agrees, at the Political Body's sole cost and expense to provide, install traffic signals and interconnect them with our signal control cabin, all detour signing, advanced warning signs, and pavement markings per Manual on Uniform Traffic Control Devices during removal of cantilever signals. 3. Upon the execution of this agreement, the Political Body shall pay the Railroad the sum of Thirteen Thousand Six Hundred Twenty Dollars ($13,620.00) as the Political Body's portion of the costs -of the work performed and materials supplied by the Railroad pursuant to Section i above. 4. The Political Body shall, at its sole cost and expense, construct, maintain, repair, and replace any new warning devices associated with Railroads removal of existing cantilever signals. 5. (a) Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company (ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. (b) In addition to the liability terms elsewhere in the Agreement, the Political Body shall indemnify and hold the Railroad harmless against and from all cost, liability, ,and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Political Body, its contractor, agents and/or employees, that causes or in any way or degree contributes to (1) any damage to or destruction of any tele -communications system by the Political Body, and/or its contractor, agents and/or employees, on Raih-oad's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or it contractor, agents and/or employees, on Railroad's property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). 6. The Political Body, for itself and for its successors and assigns, hereby waives any right of assessment against the Railroad, as an adjacent property owner, for any and all improvements made under this agreement. 7. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of the Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by express written agreement acceptable to the Railroad. 4 S. The Political Body shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political Body, passed and approved as by law prescribed, and duly certified, evidencing theauthority of the person executing this agreement on behalf of the Political Body with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by Political Body. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first hereinabove written. UNION PACIFIC RAILROAD jCONTANY By CHIEF ENGINEER CITY OF SALINA ATTEST: By X its (S Pursuant to Resolution/Order Dated 1 'u titi hereto attached.