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<br /> Public Highway Crossing 08/13/01
<br /> Standard Form Approved, A VP-Law
<br /> 1) Unless the Railroad's Vice President-Engineering Services agrees otherwise, the Political Body shall provide no less than 48
<br /> hours' notice, excluding weekends and holidays, before discharging any explosives.
<br /> 2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day
<br /> during daylight hours, and at mutually acceptable times.
<br /> 3) The Political Body, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary
<br /> to guard against danger of damage, destruction or interference arising out of or connected with any blasting or any transportation,
<br /> handling, storage, security or use of explosives.
<br /> 4) The Political Body shall require explosives to be transported, handled, stored or otherwise secured and used in a manner
<br /> satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including, without limitation,
<br /> United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29 crn Part 1518,
<br /> Subpart U -- "Blasting and the Use of Explosives"; and Occupational Safety and Health Administration Occupational Safety and
<br /> Health Standards, 29 crn Part 1910, Subpart H -- "Hazardous Materials".
<br /> h) Obstructions to View. Except as otherwise specifically provided herein, the Political Body shall not cause or permit the view along
<br /> the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures thereon. If public
<br /> law or regulation requires control or removal of weeds or vegetation on each side of the Crossing Area, the Political Body will perform
<br /> such control or removal work without expense to the Railroad or, if the Political Body may not lawfully perform the control or removal work.
<br /> reimburse the Railroad for the cost of performing such control or removal. If the crossing is not equipped with automatic train activated
<br /> warning devices with gate arms:
<br /> l) The Political Body shall control or remove weeds and vegetation within and on each side of the Crossing Area so that the view
<br /> of approaching motorists to approaching trains is not obstructed by weeds or vegetation; and
<br /> 2) Insofar as it may lawfully may do so, the Political Body will not permit non-parties to construct sight obstructing buildings or other
<br /> permanent structures on property adjacent to the right-of-way.
<br /> i) Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create
<br /> hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad.
<br /> The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the
<br /> Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all
<br /> excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring
<br /> and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Vice President-Engineering
<br /> Services to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's
<br /> operations in the vicinity.
<br /> j) Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the
<br /> highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad.
<br /> The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water
<br /> and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said
<br /> waters may not. because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow
<br /> or damage the property of the Railroad or any part thereof. or property of others. The Political Body shall not obstruct or interfere with
<br /> existing ditches or drainage facilities.
<br /> k) Notice. Before commencing any work, the Political Body shall provide at least ten (10) days prior notice (excluding weekends and
<br /> holidays) to the Railroad's Manager-Track Maintenance.
<br /> 1) Fiber OPtic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems
<br /> is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits.
<br /> Political Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday,
<br /> except holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried anywhere
<br /> on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies)
<br /> involved, mange for a cable locator, and make mangements for relocation or other protection of the fiber optic cable prior to beginning
<br /> any work on the Railroad's premises.
<br /> SECTION 9 - INTERIM WARNING DEVICES
<br /> If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or
<br /> improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary
<br /> warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved
<br /> devices have been installed.
<br /> Page 4 Exhibit B
<br /> To New Public Highway Crossing Agreement
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