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1 <br />Contractor's Right of Entry Public Project No. 0685975 <br />Projects Form Approved 02/09/2022 <br /> <br /> <br />EXHIBIT D <br />TO <br />PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT <br />CONTRACTOR'S <br />RIGHT OF ENTRY AGREEMENT <br /> <br />THIS AGREEMENT is made and entered into as of the day of , <br />20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and <br /> , a <br />("Contractor"). <br /> <br />RECITALS: <br />corporation <br /> <br />Contractor has been hired by to <br />perform work relating to (the “Work”) <br />with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost <br /> on Railroad's [Subdivision or Branch] [at or near DOT No. <br /> located at or near , in County, State of , <br />as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby <br />made a part hereof, which Work is the subject of a contract dated between Railroad <br />and . <br /> <br />Railroad is willing to permit Contractor to perform the Work described above at the location described <br />above subject to the terms and conditions contained in this agreement <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: <br /> <br />ARTICLE 1 - DEFINITION OF CONTRACTOR. <br /> <br />For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's <br />contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For <br />purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of <br />Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. <br /> <br />ARTICLE 2 - RIGHT GRANTED; PURPOSE. <br /> <br />Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject <br />to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and <br />egress from the property described in the Recitals for the purpose of performing the Work described in the <br />Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property <br />specifically described herein, or as designated by the Railroad Representatives named in Article 4. <br /> <br />ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. <br /> <br />The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a <br />part of this agreement. <br />EXHIBIT 2 <br />  <br />  <br />City Council 15 – 31 4/21/2026