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14 <br /> ' B IN—di <br /> A World of Real Estate Knowledge <br /> May 31,2007 <br /> City of Everett Tracking#: 05-29401 <br /> David H.Davis–Project Engineer <br /> 3200 Cedar Street <br /> Everett,Washington 98201 <br /> Dear Mr. Davis: <br /> Enclosed please find duplicate counterparts of the requested contract for execution by an official <br /> authorized to execute contract agreements on behalf of your company. Please execute and <br /> return all copies with original signature for completion on part of BNSF Railway Company <br /> ("BNSF')along with the following requirements: <br /> 1. A check in the amount of$5,000.00 payable to BNSF Railway Company which covers <br /> the contract fee(s). <br /> 2. A separate check in the amount of$29,782.00 payable to BNSF Railway Company which <br /> covers costs associated with the removal and construction of At-Grade Private crossings. <br /> 3. A separate policy for Railroad Protective Liability Insurance as required in the agreement <br /> (ORIGINAL POLICY MUST BE PROVIDED). BNSF Railway Company will be the only <br /> insured party; OR; <br /> In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may <br /> participate in the BNSF's Railroad Protective Policy by checking the appropriate box in <br /> the contract and including an additional $500.00 with your check. <br /> You should have been or will be contacted by IDS, the BNSF's Insurance Tracking <br /> Company. If you have not, and you have any questions regarding any of the insurance <br /> requirements,please contact Lori Orona,via fax,at 951-766-2299. <br /> Sample certificate(s)of the required insurance is enclosed for your review. <br /> Acceptance and deposit of any check(s) by BNSF does not constitute an agreement between <br /> BNSF and Licensee for the requested license. BNSF shall not be obligated to hold the check in a <br /> separate fund, but may commingle the funds with other funds of BNSF, and in no event shall <br /> BNSF be responsible for interest on said funds. <br /> The enclosed permit is a not binding agreement and shall become binding only when, and if, it is <br /> executed by you and fully approved and executed by The BNSF Railway Company. Upon <br /> completion on behalf of BNSF, one fully executed counterpart of each contract will be returned for <br /> your records. <br /> Please be informed that if contracts, fees, and insurance are not returned within sixty(60) days, <br /> the processing fee(s)will increase to$600.00. <br /> Sincerely, <br /> (,CL; RkAAC 6207106(A_ie Alexander <br /> Real Estate Administrator <br /> I 4 4 Enclosure <br /> 3017 Lou Menk Drive,Suite 100 <br /> Fort Worth,Texas 761.31-2800 The Srnuhach Company <br /> (SI7)230-2600 Fax(817)306.8129 provides global coverage through <br /> www.sriuhach.com DTZ Sraubach Tie Leung. <br />