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• <br /> 7 <br /> incorporated herein by this reference. City's obligation to deliver the Mitigation Plan Compliance <br /> Letter to BNSF under this Section 4.2 shall be in addition to, and not in limitation of, City's <br /> continuing Mitigation Obligations (defined below) for the Replacement Facilities described in <br /> Section 12 below. <br /> 4.3 Intentionally Deleted. <br /> 4.4 Removal of Improvements From City Property. Prior to the Closing Date, City, at <br /> City's sole cost and expense, shall remove all improvements, rubbish and debris from the City <br /> Property, other than the structures and facilities that are retained as part of the City Reserved Rights <br /> under Section 9.2 below. Such improvements to be removed by City consist of the following: the <br /> GTS Drywall Building on Parcel 10; and all portions of the parking lot, pole lights and other <br /> improvements located on Parcel 12. Upon such removal and prior to the Closing Date, City further <br /> agrees to grade and otherwise restore the surface of the City Property to its existing grade. <br /> 4.5 Closure of Junction Avenue Crossing. On or before the Closing Date, City <br /> covenants and agrees to permanently close and, completely vacate the pedestrian and vehicular <br /> crossing located at Junction Avenue (the "Junction Avenue Crossing"), which Junction Avenue <br /> Crossing is depicted on Exhibit A. As part of the Closing, City agrees to quitclaim to BNSF any <br /> interest it may have in the Junction Avenue Crossing and sign any other documents reasonably <br /> requested and provided by BNSF. Prior to the Closing, City shall deliver to BNSF evidence <br /> satisfactory to BNSF ("Junction Avenue Closure Documentation") that the Junction Avenue <br /> Crossing has been permanently closed, and completely vacated by City to BNSF's satisfaction so <br /> that BNSF may safely remove the crossing surface. <br /> 4.6 Two-Lane Pacific Avenue Crossing. <br /> 4.6.1 Revised Pacific Avenue Crossing. The two-lane Pacific Avenue at-grade <br /> crossing located east of Interstate Highway 5 (the "Two-Lane Pacific Avenue <br /> Crossing"), is depicted on Exhibit A. The Two-Lane Pacific Avenue Crossing will remain <br /> open in an improved two-lane configuration as depicted on Exhibit J ("Revised Pacific <br /> Avenue Crossing") attached and incorporated herein by this reference. The Revised <br /> Pacific Avenue Crossing includes the following features, subject to final approval of the <br /> construction plans by BNSF prior to commencement of construction: perpendicular street <br /> approaches; traffic lights on Pacific Avenue (eastbound) and Chestnut Street (southbound); <br /> center median; emergency loops; cantilevered gates; and such other features as are <br /> reasonably required by BNSF to accomplish the Revised Pacific Avenue Crossing. The <br /> approved construction plans will indicate those features which are the responsibility of the <br /> City to construct and those features which,upon approval by BNSF, are the responsibility of <br /> BNSF to construct. <br /> 4.6.2 Construction at City Expense. The City will pay all design and construction <br /> expenses for the Revised Pacific Avenue Crossing, and such expenses shall not be included <br /> in the Reimbursement Cap (defined below). For its expenses in constructing and installing <br /> any portion of the Revised Pacific Avenue Crossing, BNSF shall present an invoice to the <br /> Exchange Agreement 3 -7- DRAFT 5/23/06 <br />