North Broadway Street Crossing Improvement Railroad Agreement11
0
THIS AGREEMENT, executed in duplicate this �. day of
qsA , 1990 , by and between UNION PACIFIC RAILROAD COMPANY, a
Utah Corpdration (hereinafter the "Railroad"), and CITY OF SALINA, a
municipal corporation of the State of Kansas (hereinafter the
"Political Body"), WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve
the existing North Broadway Street crossing, at grade, along
over and across the Railroad's Main Line track and right of
way at Mile Post 0.30 DOT No. 815 294R in Salina, Saline
County, Kansas to which the Railroad is agreeable, but solely
upon the 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:
I. The Political Body, at its sole cost, shall furnish the
rubber crossing material. The Railroad, at its sole cost,
shall furnish all labor, material, equipment and supervision
for, and shall (a) remove the existing prefab crossing and
(b) install rubber crossing, (c) install perforated drain
pipe and filter fabric, and (d) renew cross ties and ballast
all at the intersection of the Railroad's Main :Line track
with North Broadway Street Mile Post 0.30 in Salina, Saline
County, Kansas, as shown generally on Railroad's Print dated
January 25, 1990, attached hereto and marked Exhibit "A".
II. The Railroad, at its cost, shall maintain the crossing
between the track tie ends. If, in the future, the Political
Body elects to have the surfacing material between the track
tie ends replaced with paving or some surfacing material
other than timber planking, the Railroad, at the Political
Body's expense, shall install such replacement surfacing.
III. 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 as stated in Article I
above.
IV. The City, at its own cost and expense, will provide all
barricades, lights and flagmen or traffic control devices
necessary for detouring vehicular traffic for complete
closure at the crossing.
V. The City further agrees to allow the Railroad to drain
the crossing area into existing City Storm sewer manholes if
available.
VI. 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.
VII. Both parties agree to the requirements of Title VI of
the Civil Rights Act of 1964, which by reference is made a
part of this agreement.
VIII. 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 the authority of the person
executing this agreement on behalf of the Political Body with
the power to do so, 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 the 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 COMPANY
By
Gen -Director, Contracts & Real Estate
ATTEST: CITY OF SALINA
Ci y C1 rk Ma
Date 2 5 �n to Z Qo
(Seal)
Pursuan to Resolution ®-qlt
dated; c"266 199
hereto attach d.
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