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<br /> Public Highway Crossing 08/13/01
<br /> Standard Form Approved, A VP-Law
<br /> EXHIBIT B
<br /> TO NEW PUBUC HIGHWAY CROSSING AGREEMENT
<br /> TERMS AND CONDmONS
<br /> SECTION I - CONDITIONS AND COVENANTS
<br /> a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use
<br /> or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the
<br /> Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines
<br /> constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or
<br /> communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with
<br /> specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the
<br /> Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or
<br /> occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such
<br /> consent.
<br /> b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or
<br /> purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place tracks
<br /> upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the highway to conform with the rail line.
<br /> c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also
<br /> to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or
<br /> relating to the railroad property, unless the Political Body at its own expense settles with and obtains releases from such nonparties.
<br /> d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with
<br /> the right hereby granted, including, but not by way of limitation, the right to construct. reconstruct, maintain, operate, repair, alter, renew
<br /> and replace tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all kinds of equipment.
<br /> The Railroad further reserves the right to attach signal, communication or power lines to any highway facilities located upon the property,
<br /> provided that such attachments shall comply with Political Body's specifications and will not interfere with the use of the Crossing Area.
<br /> e) So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind
<br /> (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the
<br /> property as a component part of the Railroad's operating property.
<br /> f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the highway
<br /> and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other
<br /> property and rights at its own expense and without expense to the Railroad.
<br /> SECTION 2 -CONSTRUCTION OF HIGHWAY
<br /> a) The Political Body, at its own expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for
<br /> the Project. and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
<br /> b) Except as may be otherwise specifically provided herein, the Political Body, at its own expense, will furnish all necessary labor,
<br /> material and equipment. and shall construct and complete the highway and all appurtenances thereof. The appurtenances shall include,
<br /> without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right-of-way), and
<br /> all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the highway and the railroad tracks.
<br /> Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and
<br /> will leave the Crossing Area in a condition satisfactory to the Railroad.
<br /> c) The Railroad will receive no ascertainable benefit from the construction of the Project. and, except as may be specifically provided
<br /> herein, shall not be required to pay or contribute any part of the cost thereof. If the Project is to be financed in whole or in part by Federal
<br /> funds, all construction work by the Political Body shall be performed, and any reimbursement to the Railroad for work it performs shall
<br /> be made, in accordance with the applicable Federal acts, regulations, and this Agreement.
<br /> d) All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the highway and
<br /> all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Vice President-
<br /> Engineering Services of the Railroad or his authorized representative and in accordance with detailed plans and specifications prepared
<br /> by and at the expense of the Political Body, and approved in writing by the Railroad's Vice President-Engineering Services.
<br /> Page 1 Exhibit B
<br /> To New Public Highway Crossing Agreement
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