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( ( 9)) J ONES LANG <br />LASALLE. <br />October 20, 2010 10 - 41576 <br />Mr. Thomas Phare <br />City of Louisville <br />749 Main Street <br />Louisville, CO 80027 <br />Dear Mr. Phare: <br />Sincerely, <br />1. A Certificate of Insurance as required in the agreement. <br />Camille Barbosa <br />Contract Specialist <br />Enclosures <br />15 <br />00 <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 return both <br />copies with original signature for completion on part of BNSF Railway Company ( "BNSF ") to this office, <br />along with the following requirements: <br />• A check in the amount of $3,100.00 payable to BNSF Railway Company which covers the <br />contract fee and processing fee. <br />You should have been or will be contacted by EBIX, the BNSF's Insurance Tracking Company. If <br />you have not, and you have any questions regarding any of the insurance requirements, please <br />contact Aimee Austin, via fax, at 951 - 652 -2882. If you have not done so, please fax the following <br />insurance documents to Ms. Austin: <br />2. 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 the <br />contract and including an additional $1,000.00 with your check. <br />PLEASE ADVISE IF THIS PROJECT IS ARRA FUNDED. <br />3017 Lou Menk Drive, Suite 100 <br />Fort Worth, Texas 76131 -2800 <br />tel +1 817- 230 -2600, fax +1 817 306 -8265 <br />Acceptance and deposit of any check by BNSF does not constitute an agreement between BNSF and <br />Licensee for the requested license. BNSF shall not be obligated to hold the check in a separate fund, but <br />may commingle the funds with other funds of BNSF, and in no event shall BNSF be responsible for <br />interest on said funds. <br />The enclosed permit is not a binding agreement and shall become binding only when, and if, it is <br />executed by you and fully - approved and executed by BNSF Railway _Company_ _Upon - completion _on .. <br />behalf of BNSF, one fully executed counterpart will be returned for your records. <br />The specifications /plans you provided may differ from BNSF's minimum specification <br />requirements. Therefore, prior to your installation, please review the Exhibit A to determine the <br />specifications necessary for your installation. <br />Please be informed that if contracts, fees, and insurance are not returned within sixty (60) days, the <br />processing fee will increase to $1,200.00. <br />