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HomeMy WebLinkAboutRailroad Equipment Agreement 06/24/2004,;.: ~ . AGREEMENT TO PROVIDE RAILROAD CROSSING SIGNALlCROSSING SURFACE EQUIPMENT AT PINE STREET AND CENTRAL OREGON & PACIFIC RAILROAD This AGREEMENT, made this `~ ~. day of -~: vUL.- of 2004, by and between CENTRAL OREGON and PACIFIC RAILROAD, herein called "RAILROAD," and the City of Central Point, a municipal corporation of the State of Oregon, herein termed "CITY:" RECITALS: The parties hereto desire to set forth by this instrument their agreement with respect to the reconstruction of an at-grade crossing at the intersection of Pine Street and Central Oregon & Pacific Railroad, in conjunction"with the road construction. AGREEMENT; RAILROAD shall furnish all necessary materials, tools, equipment, and labor and shall perform the following work: a. Installation of ail necessary signal systems including automatic gate arms, together with necessary actuating and operating circuits and adequate instrument housing to; be controlled by constant warning time devices, hereinafter collectively referred to as "signals." b., ;Installation of .all materials for. said. signals, shall be in accordance with, RAILROAD.'s usual standards and in compliance with the Oregon Department of Transportation Rail Division Standards. c. Installation of all necessary crossing surface materials. d. Installation of all necessary end-of--track "bumper" post materials. 2. C[TY agrees with RAILROAD on a sum of Five Hundred Seventy Thousand, Nine Hundred Eighty Dollars ($570,980.00), upon execution of this agreement, which covers the cost and expense incurred by RAILROAD in furnishing materials and performing the work specified above. 3. The work to be performed by RAILROAD hereunder shall commence as soon as tabor and materials are available following execution of this instrument and shall be completed within thirty (30) days after roadway construction is completed. 4. After installation of said signals, RAILROAD shall maintain same so long as they remain in place. 5. Any contractor performing the work on the property of RAILROAD on behalf of the CITY, in, connection with work contemplated; hereunder shall execute RAILROAD :standard form of . Contractor's . right-of-entry agreement prior to commencing any work on RAILROAD premises. 6. This agreement shalt be binding upon and inure, to the benefit of the successors and assigns of RAILROAD and the assigns of CITY. r -~ IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. CENTRAL OREGON AND PACIFIC RAILROAD By: Printed Name: (~ p,y t~ ,t~ \r~.~lr~~e~S Title: ~ ~c- ~~ F I~ -.,... G.A ~ ~Gs_ ~ ~ c C ~ ~ ~~O `~ CENTRAL POINT CITY Printed Name: \'~C`+.. L~ ~ .~: ~ ~ i c. ~. cry ~7 Title: ~~ ~ ~