Resolution 2019-58 - Laserfiche WebLink

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Colorado PUC E-Filings System RAILWAY GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (Dillon Road, Louisville, Colorado) BNSF File No.: BF10015651 Mile Post 18.35 Line Segment 476 U.S. DOT Number 244798M Front Range Subdivision THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, "Agreement"), is executed to be effective as of 1(,)ec. u , 20 f.9 by and between the City of Louisville, a Political Subdivision of the State of Colorado, a Municipal Corporation, (hereinafter called, "AGENCY"), and BNSF RAILWAY COMPANY, a Delaware Corporation (hereinafter called, "RAILROAD" or "BNSF"); WITNESSETH: WHEREAS, in the interest of aiding vehicular travel and public safety, the AGENCY desires to upgrade the railroad crossing signals and activation equipment at Dillon Rd, U.S. DOT crossing 244798M (the "Crossing"), as indicated on Exhibit "A", attached hereto and incorporated herein; WHEREAS, the City submitted an application with the Colorado Public Utilities Commission (the "Commission") to upgrade the railroad crossing signals and activation equipment at the Crossing ("Application"), which Application received Commission approval on August 18, 2019; WHEREAS, the AGENCY will preempt the highway traffic control signals with new grade crossing warning devices subject to the mutual covenants contained in this Agreement; WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the advance warning signs, pavement marking stop bars or crossing signal equipment (hereinafter collectively called, "Crossing Signal Equipment"); WHEREAS, the Colorado Department of Transportation (CDOT) is funding a portion of the project utilizing Federal -aid funds, and AGENCY is funding a portion of the project with local funds to pay for the acquisition and installation of Crossing Signal Equipment described in the scope of work herein at the Crossing; WHEREAS, the RAILROAD agrees to purchase and install, at CDOT/AGENCY'S sole expense, the Crossing Signal Equipment, and upon the teens and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: