2007/06/20 Council Agenda Packet

A Law Department Approved Tracking#: 05-29401 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises or the Crossing, Licensor shall not be liable to refund Licensee any compensation paid hereunder or for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the Premises or the Crossing, or entering the Premises on behalf of Licensee, shall be deemed agents of Licensee for purposes of this Agreement. TERM 6. This Agreement shall commence on the Effective Date and shall continue for a period of twenty-five(25)years, subject to prior termination as hereinafter described. COMPENSATION 7. Licensee agrees to pay to Licensor in advance: (a) Consideration payment in the amount of Five Thousand and No/100 Dollars ($5,000.00). (b) Estimated cost of construction and removal of the Crossing in the amount of Twenty Nine Thousand Seven Hundred Eighty Two and No/100 Dollars ($29,782.00). If actual construction costs exceed this estimate by more than one hundred dollars ($100.00), the excess costs (over $100.00) shall be paid by Licensee within thirty (30)days of the date billed. 8. Licensee agrees to pay to Licensor from time to time within thirty (30) days after bills are rendered therefor the entire cost of maintaining the Crossing, including, but not limited to the expense incurred by Licensor resulting from the necessity to remove and replace the Crossing in connection with resurfacing or maintaining Licensor's right of way and tracks including but not limited to the furnishing of Licensor's Flagman and any vehicle rental costs incurred. The cost of flagger services provided by the Railway,when deemed necessary by the Railway's representative, will be borne by the Licensee. The estimated cost for one (1) flagger is $600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. 9. Licensee agrees to pay to Licensor the entire cost of constructing, installing, performing, maintaining, repairing, renewing, and replacing any cattle guards, farm gates or barriers, track drainage facilities, traffic signs or devices, whistle posts, stop signs or other appurtenances shown on Exhibit "A", or any such appurtenances or warning signs and devices that may subsequently be required to be upgraded by Licensor, by law, by change Form 432;Rev.04/26/05 i 41, - 2of13 -