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2 <br />AGREEMENT: <br /> <br />NOW, THEREFORE, it is mutually agreed by and between the parties hereto as <br />follows: <br /> <br />Section 1. EXHIBIT B <br /> <br /> The general terms and conditions marked Exhibit B, are attached hereto and <br />hereby made a part hereof. <br /> <br />Section 2. RAILROAD GRANTS RIGHT <br /> <br />For and in consideration of the sum of Fifty Three Thousand Five Hundred <br />Seventy Dollars ($53,570.00) to be paid by the Political Body to the Railroad upon the <br />execution and delivery of this Agreement and in further consideration of the Political <br />Body’s agreement to perform and comply with the terms of this Agreement, the Railroad <br />hereby grants to the Political Body the right to construct, maintain and repair the Roadway <br />over and across the Crossing Area. <br /> <br />Section 3. DEFINITION OF CONTRACTOR <br /> <br />For purposes of this Agreement the term “Contractor” shall mean the contractor or <br />contractors hired by the Political Body to perform any Project work on any portion of the <br />Railroad’s property and shall also include the Contractor’s subcontractors and the <br />Contractor’s and subcontractor’s respective employees, officers and agents, and others <br />acting under its or their authority. <br /> <br />Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE <br /> <br />A. Prior to Contractor performing any work within the Crossing Area and any <br />subsequent maintenance and repair work, the Political Body shall require the Contractor <br />to: <br /> <br />• execute the Railroad's then current Contractor's Right of Entry Agreement <br />• obtain the then current insurance required in the Contractor’s Right of <br />Entry Agreement; and <br />• provide such insurance policies, certificates, binders and/or endorsements <br />to the Railroad. <br /> <br />B. The Railroad's current Contractor's Right of Entry Agreement is marked <br />Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms <br />that it will inform its Contractor that it is required to execute such form of agreement and <br />obtain the required insurance before commencing any work on any Railroad property. <br />Under no circumstances will the Contractor be allowed on the Railroad's property without <br />first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the <br />EXHIBIT 2 <br />  <br />  <br />City Council 15 – 10 4/21/2026