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OVERPASS AGREEMENT <br /> BNSF File No. BF10009376 <br /> Grand Avenue Park Ped/Utility Overpass <br /> U.S. D.O.T. No. To be assigned <br /> LS 050 <br /> MP 34.35 <br /> Bellingham Subdivision <br /> This Agreement ("Agreement"), is executed to be effective as of <br /> ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware <br /> corporation ("BNSF"), and the City of Everett., a political subdivision of the State of <br /> Washington ("Agency"). <br /> RECITALS: <br /> WHEREAS, BNSF owns and operates a line of railroad in and through the City of <br /> Everett., State of Washington; and <br /> WHEREAS, Agency desires to construct a new over-crossing at separated grade to be <br /> known as the Grand Avenue Park Pedestrian Overpass, D.O.T. No. To be assigned. <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements of the <br /> parties contained herein, the receipt and sufficiency of which are hereby acknowledged, <br /> the parties agree as follows: <br /> ARTICLE I) SCOPE OF WORK <br /> 1. The term "Project" as used herein includes any and all work related to the <br /> construction of the proposed Grand Avenue Park Pedestrian Overpass (hereinafter <br /> referred to as the "Structure"), more particularly described on the Exhibit A, which is <br /> attached hereto and incorporated herein, including, but not limited to, any and all <br /> changes to telephone, telegraph, signal and electrical lines and appurtenances, <br /> temporary and permanent track work, fencing, grading, alterations to or new <br /> construction of drainage facilities, preliminary and construction engineering and contract <br /> preparation. <br /> Agency must also install and maintain fencing which will direct pedestrians around the <br /> construction site. <br /> 1 <br /> 43 <br />