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<br />Public Road Improvement 12/04/00 <br />Estimated Costs <br />Form Approved-A VP Law <br /> <br />5. If Political Body's contractor(s) is/are performing any work described in Section 4 <br />above, then the Political Body shall require its contractor(s) to execute the Railroad's standard and <br />current form of Contractor's Right of Entry Agreement. Political Body acknowledges receipt of a <br />copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and <br />requirements, and will inform its contractor(s) of the need to execute the Agreement. Under no <br />circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises <br />without first executing the Contractor's Right of Entry Agreement. <br /> <br />6. Fiber optic cable systems may be buried on the Railroad's property. Protection of <br />the fiher optic cable systems is of extreme importance since any break could disrupt service to users <br />resulting in business interruption and loss of revenue and profits. Political Body or its contractor(s) <br />shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, <br />Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number <br />for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises <br />to be used by the Political Body or its contractor(s). If it is, Political Body or its contactor(s) will <br />telephone the telecommunications company(ies) involved, arrange for a cable locator, and make <br />arrangements for relocation or other protection of the fiber optic cable prior to beginning any work <br />on the Railroad's premises. <br /> <br />7. The Political Body, for itself and for its successors and assigns, hereby waives any <br />right of assessment against the Railroad, as an adjacent property owner, for any and all <br />improvements made under this agreement. <br /> <br />8. Covenants herein shall inure to or bind each party's successors and assigns; <br />provided, no right of the Political Body shall be transferred or assigned, either voluntarily or <br />involuntarily, except by express written agreement acceptable to the Railroad. <br /> <br />9. The Political Body shall, when returning this agreement to the Railroad (signed), <br />cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of <br />the Political Body, passed and approved as by law prescribed, and duly certified, evidencing the <br />authority of the person executing this agreement on hehalf of the Political Body with the power so <br />to do, and which also will certify that funds have been appropriated and are available for the <br />payment of any sums herein agreed to be paid by Political Body. <br /> <br />IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as ofthe <br /> <br />date.M;.'"'~~rT'- UMON <br /> <br />,/-,/ u\; \"q 10___ By <br /> <br />JaJIles G. Ross Title: <br />E;iecutive Director <br />}UbliC Works Agency <br />TTEST: <br /> <br />\ . . <br />. /-----:7i! <br />.-::;: ?~-L-<-_c::..e-~-<-. <br /> <br /> <br />-' . (,. <br />.'i~ (:...-"'\>\~ Jh...\c ,-\.....:-1 <br />Laura Stitt Shccd'y <br />Assistallt City Atlorncy <br /> <br />:YOF;2:;Gve. <br /> <br />Title: {~O yYt..t'~A <br /> <br />Pursuant to Resolution/Order <br />dated <br />hereto attached. <br /> <br /> <br />C:\D_.nd~131\MJ'DoamftJlIIDfi1l\W~ANA~ ., <br />