Laserfiche WebLink
7 <br /> 10.2.2 City shall make available to BNSF, as is and at no cost to BNSF, <br /> approximately twenty-five thousand (25,000) cubic yards of soil that is owned by City <br /> and currently stored in the vicinity of the 41st Street Overpass. BNSF will be <br /> responsible, at its own cost, for transporting such soil to the site of its construction for the <br /> Replacement Facilities. BNSF has made its own determination as to the suitability of <br /> such soil for BNSF's intended purposes. City makes no warranties or representations as <br /> to the characteristics of such soil or as to its suitability for BNSF's purposes. <br /> 10.3 Construction Schedule for Replacement Facilities. BNSF agrees that it will cause <br /> the Replacement Facilities to be constructed on or before (the "Construction Period"): <br /> 10.3.1 December 31, 2007: for the Connecting Track between MP 1782.0 of <br /> Scenic Sub and MP 0.5 of C Line that will be connecting directly to the Mainline Track ; <br /> or <br /> 10.3.2 December 31, 2008: for the Rehabilitation Track and the portion of the <br /> Connecting Track associated with the Rehabilitation Track between MP 1782.3 and MP <br /> 1781.2 of Scenic Sub. <br /> Notwithstanding the foregoing, however, the Construction Period shall be extended for the <br /> period of any delays caused by or related to: (a) events of Force Majeure (defined below) or <br /> events described under Section 4.1.2, (b) restrictions imposed by any Governmental Authorities, <br /> and (c) any other delays in construction not proximately caused by BNSF. <br /> 10.4 Removal of Removal Tracks. Subject to extension for events of Force Majeure or <br /> events described under Section 4.1, , restrictions imposed by any Governmental Authorities and <br /> any other delays not proximately caused by BNSF, BNSF shall remove the Removal Tracks on <br /> or before December 31, 2008; provided, however, BNSF shall, on or before December 31, 2007, <br /> remove the Removal Track within the area designated as the "Simpson Access Area" at MP 6.6 <br /> of NP Main on Exhibit A or build a temporary crossing for City's use within the Simpson <br /> Access Area. <br /> 10.5 Reimbursement of Costs. <br /> 10.5.1 As a material consideration for BNSF entering into this Agreement and in <br /> addition to the Exchange Compensation, City agrees to reimburse BNSF, up to a total <br /> reimbursement of $7,044,000 ("Reimbursement Cap") for all hard and soft costs, <br /> expenses and fees associated with: (i) the design and construction of the Replacement <br /> Facilities and (ii) the removal and disposal of the Removal Tracks (collectively, the <br /> "Replacement Costs"). All costs and expenses that are the obligation of City under this <br /> Agreement shall be at the sole cost of City and shall not be included in the <br /> Reimbursement Cap, including without limitation the cost of the Survey and any updates <br /> to the Survey under Section 3.1.1, all costs incurred under Section 4, and any costs or <br /> expenses of obtaining the Regulatory Approvals and/or fulfilling City's obligations <br /> pursuant to the City Environmental Obligations and the Mitigation Obligations. BNSF <br /> Exchange Agreement -18- / 5 DRAFT 5/23/06 • <br />