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CITY OF ROSEVILLE AGREEMENT P-OS-06 This Agreement, made and entered into by and between the City of Roseville, hereinafter referred to as "CITY" AND MINNESOTA COMMERCIAL RAILWAY COMPANY, hereinafter referred to as the "RAILWAY." WIT'NESSETH: That, WHEREAS, the City proposes to reconstruct and improve: South Qwasso Boulevard, Roseville, intersection between the roadway of the parties to this agreement WHEREAS, The City proposes to have the Railway install an improved crossing surface with a prefabricated cement panel crossing at the location shown on the plan attached hereto and marked Exhibit " B , and, WHEREAS, the parties hereto desire to set forth the terms and conditions for reconstruction of said crossing, and, WHEREAS, the work herein proposed to be performed by the Railway will be completed with the roadway closed to vehicular traffic, NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreement as hereinafter contained, the parties hereto agree as follows: Section 1- The "Standard Clauses for Highway-Railroad Agreements" attached as Exhibit "A" are made a part of this agreement, Section 2- The parties hereto shall construct, or cause to be constructed, the following items of work: 1. Work by the Railway: The Railway shall furnish, or cause to be furnished, all of the labor, materials and work equipment required to perform and complete: a. The removal of the existing grade crossing surface and preparation of the track structure, b. The installation of the cement panelized crossing, c. Incidental work necessary to complete the items herein above specified, but not including the road approaches to the crossing. Section 4- In compliance with the Federal Highway Program Manual, Volume 6, Chapter 6, Section 2, Subsection 1, dated April 25, 1975, as amended and supplemented, which determine Railway benefit and liability, the proposed grade crossing improvement meets Classification 1 of Paragraph 5(b), a category "not considered as a benefit to the COMPANY." Section 5- Upon completion of this project, the City shall maintain the roadway and crossing approaches up to the track ties (or panelized crossing over the track ties) at its expense. The Railway shall operate and maintain its track, the crossing over its ties and the crossinglwarning devices in accordance with Federal or State law as it shall be necessary from time to time in the future while it operates its line of railroad over such trackage and