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HomeMy WebLinkAboutRailroad Construction Agreement Crossing No 811989MRAILROAD CONSTRUCTION AGREEMENT AAR/DOT CROSSING NO. 811989M THIS AGREEMENT, made and entered into this day of , 2022, by and between Eastern Idaho Railroad, LLC, a Limited Liability Company of the State of Idaho, hereinafter called the "Company" and the CITY OF Rexburg, hereinafter called the "City". GENERAL DEFINITIONS: The following definitions apply to this Agreement: Authorized User Any entity that has rights by permit, agreement, or contract to use Company property including tracks. Contractor Individual, partnership, firm, corporation, or any combination thereof including their respective officers, agents, employees and their respective subcontractors including officers, agents and employees that are contracted to perform work on the Project. Crossing At -grade highway -railroad crossing of railroad track(s) by a highway for use by highway traffic including pedestrians. Crossing Surface The highway surface area between the rails plus two feet outside of the rails of railroad track(s) of a Crossing. Job Site Area(s) of work on Company property as approved by the Company. Plans The completed Project plan that is assigned the Project Number as shown on the first page of this Agreement that have been approved in writing by the Company's Chief Engineer -Design or his authorized representative. The Plans are hereby made a part of this Agreement by reference. Project The work defined by the plans developed and approved by the Company and assigned the Project Number as shown on the first page of this Agreement. PURPOSE: The City and Company desire to improve the safety of an existing Railroad Crossing by installing a Railroad Grade Crossing Signal Type 2 and Type 1 with gates and widening the existing roadway and crossing at 71h South and South Yellowstone Highway located in Madison County by upgrading the materials of the Crossing Surface on 71h South and South Yellowstone Highway. The Company will provide and install Crossing Signals and associated items, remove existing Crossing Surface, install new Crossing Surface of insulated concrete planking, provide railroad flagging and other railroad protective services while working in the railroad right-of-way, removal of all railroad associated debris, construct foundations for new railroad gates, and perform other work associated with the railroad to complete the Project at Project expense. The Company will submit itemized invoices to the City for payment. The Company will maintain the Crossing and Crossing Signal at Company Expense. The City will remove existing culverts, install new culverts, remove and replace standard pavement markings, install new advance warning signs, and construct raised islands at Project expense. The City will construct and repave the proposed roadway up to the approach to the railroad crossing at City Expense. This Agreement sets out the terms and conditions for installation, operation, maintenance, and payment of the Crossing work of installing Crossing Signals, Crossing Surface Improvements of concrete planking, advance Crossing warning signs, and standard pavement markings. TERMS: 1. City and Company Contact Persons A) The Company is to submit billings, documents and coordinate all activities through the City's contact person of: Keith Davidson, PE City of Rexburg 35 North I" East Rexburg, ID 83440 208-359-3020 ext. 2320 The City may change its contact person by notifying the Company's contact person in writing. B) The City is to coordinate all activities on Company property through the Company's contact person of: Damien M. Williams- Division Engineer Eastern Idaho Railroad LLC 618 Shoshone St. Twin Falls, ID 83301 Telephone Number (208)-300-0870 or Cody Tracy - Roadmaster 618 Shoshone St. Twin Falls, ID 83301 Telephone number is (208)536-0826 The Company may change its contact person by notifying the City's contact person in writing 2. Installation of Crossing Signals and Crossing Surface by the Company A) The Company shall at Project expense, furnish all labor, materials, and equipment necessary for the complete construction and installation of Crossing Signals and Crossing Surface at the Crossing as shownby detailed plan sheets labeled as Exhibit "A" and generalized standard drawings for a Crossing labeled as Exhibit "B" hereto attached and made a part of this Agreement. The Company will provide railroad flagging while working in the railroad right-of-way. The City will provide roadway traffic control outside the railroad right-of-way. The City will repave the roadway surface up to the approaches to the railroad Crossing. B) The position of the Crossing Signals and Crossing Surface at the Crossing shall be as shown by Exhibit "A" and Exhibit "B". Exhibit "A" and Exhibit "B" are intended to be complementary in describing and providing information for work by the Company. In the case of discrepancy Exhibit "A" will govern over Exhibit "B". C) The Company shall furnish at Project expense, such detailed plan sheets, specifications, lists of materials, and estimates of cost that may be required in addition to those prepared by the City. These plan sheets, specifications, lists, and estimates are hereby made a part of this Agreement by reference. D) The Company shall not begin installation of the Crossing Signals or Crossing Surface at the Crossing until authorization is received from the State. The Company shall begin and complete all work prior to September 30, 2022. The Company shall notify the City forty-eight (48) hours prior to the commencement of work by the Company on the Project. E) The Company shall notify the City in writing of the date when all work by the Company is completed on the Project. F) The Company and City shall make a joint inspection after the completion of all work by the Company on the Project. 3. Crossing Work by the City The City will fund the removal of existing crossing materials. The City will fund the insulated concrete planking and the installation thereof, furnish construction traffic control, perform minor road work including removal and replacement of road surfacing, and disposal of used crossing materials. 4. Flagging and Protective Services by the Company The Company, at its determination, may provide inspection, security, flagging, or other protective services as necessary for the protection of Company property or operations whenever there are City activities or Contractor operations on Company property. The cost of railroad flagging or other protective services provided by the Company will be at Project expense during Project construction and at City expense after completion of the Project. 5. Maintenance of Signs and Pavement Markings for the Crossing Maintenance of advance warning signs and pavement markings for the Crossing shall be by the City at its own expense. 6. City to Reimburse Company by Actual Cost A) The City will reimburse the Company a lump sum amount for the cost of work at Project expense. This lump sum amount for the work is a total of $683,980.00. Total estimated cost of the project is $683,980.00. Cost estimating information is labeled as Exhibit "B" hereto attached and made a part of this Agreement. B) The Company shall submit one billing to the City for reimbursement of Project expense within one hundred twenty (120) days after completion of the work. All billings shall include supporting documentation, applicable to the Project, used by the Company to substantiate the Project expenses. C) The City shall pay billing within ninety (90) days after receipt of the bill. D) Reference to the Project Number and AAR/DOT Crossing Number shall be indicated on all bills, correspondence, and records pertaining to this Project. 7. Working on Company Property by City A) All work to be done by the City on Company property shall be done in a manner satisfactory to the Company. The work shall be performed at such time and in such manner as not to damage the track or interfere unnecessarily with the movement of trains or traffic upon the track(s) of the Company. Work shall also be performed in a manner as to not interfere unnecessarily with the operations of Authorized Users. B) The City shall notify the Company at least ten (10) business days prior to the start of work on Company property to enable the Company to furnish railroad flagging or other protective services as might be necessary to ensure the safety of Company operations. C) The City is to consider recommendations made by the Company regarding activities or operations on Company property. The City is not relieved of any liability by accepting recommendations made by the Company. D) City representatives shall be suitably dressed to perform work safely and in a manner that will not interfere with vision, hearing, or free use of hands or feet when on Company property. Shirts are to be waist length with sleeves. Trousers are to cover the entire leg with any flare -legged style tied to prevent catching. Footwear shall be sturdy like work boots; no open toe shoe (like sandals), thin soled (like a tennis or walking shoe), or shoes with high heels are to be worn. Additionally the following personal protective equipment is to be worn: a) Protective headgear, commonly called a hard-hat, which meets the American National Standard- Z89.1, latest revision. It is suggested that all hard-hats be affixed with the entity's name or logo. b) Eye protection that meets American National Standard for occupational and educational eye and face protection, Z87.1, latest revision. Additional eye protection shall be provided to meet specific job situations such as welding and grinding. c) Hearing protection that affords protection from noise levels that may be occurring on the Job Site. 8. Indemnity by City and Insurance Furnished by City A) The City protects and holds harmless the Company and Authorized Users against all loss, liability, and damage arising from activities of the City on Company property. B) The City provides without expense to the Company and Authorized Users a minimum of five hundred thousand dollars ($500,000) of liability insurance for bodily or personal injury, death, or property damage or loss as the result of any one occurrence or accident, regardless of the number of persons injured or the number of claimants in accordance with Subsections 6-924 and 6-926 of Idaho Code. C) The City shall correct any damage to Company and Authorized Users' property caused by itself during Project activities or the failure to perform activities. 9. Maintenance and Operation of Crossing Signals and Crossing Surface A) The Company shall operate and maintain Crossing Signals in proper working condition, including such renewals as may be necessary thereafter, at its expense. B) If the Crossing Signals or their appurtenances are damaged, and if after a diligent effort by the Company documented in writing, the item for damages proves uncollectible from the person or persons responsible for such damage, the cost of the repair of the Crossing Signals shall be borne by the City. The City will not assume any liability for further damage or participate in any railroad flagging or other costs on account of the Crossing Signals being inoperative due to damage or replacement. If the damage to the Crossing Signals is caused by highway traffic, the City will cooperate with the Company in determining the location and identification of the parties responsible for such damage to the extent of making accident records available to the Company. C) In the event, the Company and the City agree that the Crossing Signals, because of age or obsolescence should be replaced, the cost of replacement shall be borne by the City and the Company at the participation ratio in effect at the time such replacement is proposed. D) The Company and the City shall maintain the Crossing Surface of Crossing as provided by law. Title 62 Idaho Code Chapter 3, Section 62-306 specifies that the area between the rails and a minimum distance of two feet outside the rails shall be maintained by the Company at its expense. 10. Moving and Relocation of Crossing If rearrangement, relocation, or alteration of the Crossing Surface is necessitated on account of improvements to railroad or City street facility, the party whose improvement causes such changes shall bear the entire cost thereof without obligation by the other party. 11. Cessation of Operation of Crossing A) The Company shall be released from further maintenance and obligation if the Crossing Surface is rendered unnecessary, undesirable, or improper because of closure, relocation, separation of grades, or improvements in Crossing protection or Crossing Surface by agreement, negotiation, or by order of competent authority. B) In the event of cessation of operation of the Crossing Surface, the salvable items shall be disposed of by agreement of the parties hereto prior to removal of the Crossing Surface. 12. Choice of Law and Severability A) This Agreement shall be governed by and construed under the laws of the State of Idaho and the parties hereto consent to the jurisdiction of the state courts of Jerome County in the State of Idaho, in the event of any dispute with the City with respect to this Agreement. 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R T W H OO J" z • m N 2__ J z� �0 LA N 3 g{ o000 1i G U u CL chi 1 w W u A `l Q X X � ZIX apNmN JQ � Q O > �j105 'NIA V m 130S NI NI .81 'NIA w zi0 N30H .zl 'NIA o ¢0 � U 1105 11MON NI .9 W zllz 0 Q W .J W S31ON .N0113n8i5400 �o LLI Z > :4 a N-- - � c5 Z z O QA C ray C O � N U U If MEAM bb - so 4 8F I agSB- �a� SE�_xg �-- . .. w �a€ ig�ao- aggrg= $f s-gnt;s= e9§gi_ 8h6� -aas5@ - agr x^xI $:€__€--- c---- cr 1a .-33£~x` gggg 8888 W o '#EBfo g�SbSoy s 3 f-tee$$ £ ¢ �:iE ala$xe:5 F--'-' YBh hhha c� a.:sSR..:t'. 8.o aes-.o�a�I ?a< spa= -P-c-.c �.7u�.b��.a rs-.a .3Ri. - IV AMERICAN TRACK American Track 15 N Orange ST Salt Lake City UT 84116 385-229-4727 www.americantrack.com mhansen@americantrack.com March 2,2022 Damien Williams Watco Transportation Services, Inc. 420 Second Street South Twin Falls, Idaho 83301 RE: Rexburg Dear Damien: American Track is pleased to submit the following proposal for crossing rehabilitation Rexburg ID. AT will supply all necessary labor, equipment supervision and materials to complete the following: Scope of Work: Yellowstone & Pioneer 1) Remove track excavate grade and compact existing materials for ballast section. 2) Construct 160 TF of track utilizing New 136 RE rail, OTM including Pandrol plates new screw spikes galvanized E-clips. 3) New 7x9x8.5, 7x9x10 hardwood crossties. 4) Install 15 sets (121.875 ft.) set of insulated panellised concrete crossing. (18 set & 4 sets) 5) Perform 136 lb. Thermit welds. 6) Supply ballast. 7) Haul off and dispose of removed track materials (2500) 8) Mobilization of men and equipment Lump sum cost: $161,550.00 Clarifications This reflects both crossing to completed in one mobilization. This price reflects crossing rehabilitation to be completed with full road closures. All materials pricing is good for 15 days and subject to prior sale. All removed asphalt will be removed by others. This price excludes any additional subgrade soft spot repairs. This price excludes road closures, saw cutting, asphalt approaches and crossing stripping. This price is subject to fuel surcharge and quoted on February 2022 freight rates. We hope this proposal meets your approval. If you have any questions or need any further information, please contact me at your convenience. Sincerely, Mike Hansen Area Manager CDZmg one company many solutions Proposal Railroad Signal Division 1308 N. Walnut Street, Pittsburg KS 66762 Ph: (620) 231-6420 www.cdl-electric.com PROPOSAL SUBMITTED TO: PHONE: DATE: Eastern Idaho Railroad (EIRR) (208) 735-1049 March 28, 2022 STREET: JOB NAME: 618 Shoshone Street West W. 71h S., Str. (Pioneer Rd.), Rexburg, ID (811 989 M) CITY, STATE and ZIP CODE: JOB NUMBER: Twin Falls, ID 83301 RRP-748 RRP 748 W 7T" S Street (Pioneer Rd) Rexburg ID (811 989 M) — Roadway Grade Crossing Signal Protect A new railroad/roadway grade crossing warning signal system will be designed and installed specifically for the location listed above. It will include a new pre -wired grade crossing control shelter with prediction type circuitry and flashing light/gate signal assemblies, and cantilever structures with flashing lights. Due to the length of the island circuit, a separate DC island circuit will be used, and the approach detection will be made with predictor units. An advance traffic signal pre-emption feature (15 seconds maximum) will be included. Additionally, a DTMF signal control feature will be included to allow non -shunting "hi -rail" maintenance -of -way vehicles to remotely activate the warning devices as they traverse the crossing. Also, an additional entry-level predictor unit will be provided to modify the train detection at Trejo Street (to the East/North) as the existing train detection circuitry is not compatible with the train detection being proposed for W. 71h S. Street. The proposed warning system will be based on the information we have received from the City of Rexburg concerning the new grade crossing layout and a 20 M.P.H. train speed. Signal assemblies will include two each cantilever structures with 12" LED light units, and three conventional barrier gate assemblies. Two of the barrier gate assemblies will be mounted on the cantilever structures, and the third stand- alone gate assembly will be mounted within the median of the roadway. A total of two bells, proper signage for signal assemblies, and swing -away gate arm saving devices will also be included. Underground signal cable, insulated rail material, rail bonding, foundations, and grounding components will be included as well. New conduits will be furnished under the road and track as required. Also, a new AC meter service will be installed for this automatic warning system. After the installation of the proposed signal system is complete, dress stone and grass seed will be placed, as needed, to properly finish the installation. All installation work is to be performed during a single crew mobilization. The proposed pricing does not include any provisions for multiple crew mobilizations or any type of temporary warning devices. Commercial AC power (220V) must be readily available within 75' of the control shelter location. Any additional cost(s) associated with labor or material(s) to get 220-volt commercial power to the proposed AC meter service location is not included in this proposal and will be the responsibility of others at their expense. Any overhead or underground utilities that may interfere with the installation or proper operation of the proposed signal system must be relocated at the expense of others. C.D.L. Electric, Incorporated will not be responsible for any cost(s) associated with labor or material(s) required to relocate utilities at this location. All median and curb work is to be finalized and installed prior to the arrival of our installtion crew. The signal assembly to be installed within the median must have a permanent placement of rock, or removable pavers at the grade level surrounding the signal base to allow future access without removing concrete or asphalt. The future accessible area of the median in the proximity of the signal base is to measure a minimum of 48" in all directions of the mast. Continued on next page RRP-748 W. 7T" S. Street (Pioneer Rd.), Rexburg, ID (811 989 M) - Continued If concrete, asphalt, or any other type of roadway/walkway material must be removed for the proper installation and operation of the proposed signal system, then additional charges may apply. C.D.L. Electric, Incorporated will not be responsible for any cost(s) associated with labor or material(s) to replace concrete, asphalt or any other type of roadway/walkway material removed during the installation process of the proposed signal material. We propose to furnish material and labor in accordance with above specifications, for the sum of $522.430.00 (incl. 6% tax) Five Hundred Twenty -Two Thousand, Four Hundred Thirty Dollars and 00/100, includes estimated sales tax of 6.0% The price breakdown is as follows: Preliminary Engineering Services with Plan Preparation $2,500.00 Signal Material, Refer to Accompanying Material List (w/ Handling): $390,009.00 Labor w/ Expenses: $62,445.00 Equipment: $37,905.00 Total Sell Price $492,859.00 Sales Tax 6.0% (Est.) $29,571.00 Grand Total with estimated Sales Tax $522.430.00 Please Note the following: 1. Proposed Pricing is valid for One Hundred Eighty (180) days from the date of this Proposal, beyond 180 days prices are subject to change 2. Proposed pricing is based on Lump Sum invoicing and includes estimated sales tax 3. Preliminary Engineering Services and Material may be invoiced separately 4. Terms: Net Due 30 Days from Invoice Date 5. This proposal may be withdrawn by us if not accepted within One Hundred Eighty (180) days 6. Pricing is based on one crew mobilization for this project only 7. Crew labor will be paid per their standard pay wages with overtime when applicable, and include standard benefit package as outlined in their employee handbook 8. Pricing is based on crew being allowed to work unrestricted hours seven days per week 9. Any planned road and/or curb work must be completed prior to the arrival of our installation crews 10. If traffic control for the public roadway, other than typical "Crew Working" type signage is mandated by a third party, then other charges may apply 11. When applicable, existing automatic warning system will be removed and transported to nearest railroad yard Authorized Signature: Mark E. Smallwood Senior Project Manager mark.smallwood@cdl-electric.com (502) 608-9855 Continued on next page RRP-748 W. 7T" S. Street (Pioneer Rd.), Rexburg, ID (811 989 M) - Continued ITEM DESCRIPTION CITY. U/M CONTROL SHELTER, ALUM., W/ FNDS, FAN, AC ITEMS & ACCESSORIES 1 EA WIRE KIT PACKAGE INCLUDING: SSCCIII-A, 40 AMP 1 EA WRENCH, AAR TERMINAL TYPE 1 EA GROUND STUD KIT 3 EA ARRESTER 1 LT EQUALIZER 1 LT ARRESTER BASE, 4-POST 1 LT TEST LINK, 1" 1 LT TEST LINK, 2-3/8" 1 LT PLUG, TWIST -LOCK TYPE FOR CHARGER 2 EA RELAY, MCKR (NON -VITAL) MAINTAINER CALUP.O. LIGHTS, w/ BASE 1 EA POWER -OFF LIGHTS 2 EA STICKER, LOCATION/CONTACT INFORMATION 1 EA PREDICTOR, GCP 3000+ 2 TRK RED. 1 EA SHUNT, NBS, NARROW BAND 4 EA CHARGER, BATTERY 12/20, 20 AMP 1 EA CHARGER, BATTERY 12/40, 40 AMP 1 EA BATTERY, GNB, 264 A.H., 50G11 6 CL BATTERY, GNB, 368 A.H., 5OG15 7 CL BATTERY ELIMINATOR, 2TC 1 EA RELAY, VITAL 500 OHM 5 EA RELAY, VITAL 4 OHM 1 EA SOCKET W/ TEST POST 6 EA RESISTOR, 15 WATT ADJ, 8 OHM 1 EA RESISTOR, 15 WATT ADJ, 5 OHM 1 EA VIDEO MONITORING PACKAGE - WATCO STD. 1 EA DTMF CONTRLLER W/ ANTENAA PKG. 1 EA SHOP WIRING HDW., WIRE, TERM. EYES, TAGS, ETC. 1 LT SERVICES, SHOP WIRING & TESTING SERVICES 1 LT GATE ASSEMBLY, JCT. BOX, MAST, MECH., SIGN, CWTS. & 12" 2W LEDS 1 EA GATE ASSEMBLY, MECH. CWTS. & MTG. HDW. 2 EA CANTILEVER ASSEMBLY -COMBO TYPE, WALK -OUT 2 EA LIGHT ASSEMBLY 12" LED 2-WAY 3 EA LIGHT ASSEMBLY 12" LED 1-WAY 4 EA BELL, ELECTRONIC 12V TYPE FOR 4"/5" MTG. 2 EA GATE HEATER, 24V 3 EA GATE ARM, HI STRIPING, REDIWHITE ALTERNATING, (ADJ) W/ HDW 3 EA LIGHT KIT FOR GATE ARM 4" LED TYPE 3 EA GATEKEEPER, SWING -A -WAY GATE ARM DEVICE 3 EA FOUNDATION, GALVANIZED STEEL 48" DEEP W/ 36" SQ. PLATE 1 EA FOUNDATION FORM, CANTILEVER POUR -IN -PLACE 2 EA Continued on next page RRP-748 W. 7T" S. Street (Pioneer Rd.), Rexburg, ID (811 989 M) - Continued WIRE, #10 AWG T.C. BLUE FOR WIRING SIGNALS 1 CABLE, U.G. SIGNAL 7 COND. NO. 14 AWG SOLID 1 CABLE, U.G. SIGNAL 7 COND. NO. 6 AWG SOLID 1 CABLE, U.G. SIGNAL 12 COND. NO. 14 AWG SOLID 1 CABLE, U.G. SIGNAL 3 COND. NO.4 / GND FOR AC POWER 1 TRACK WIRE NO. 6 TW. PR. DUPLEX 1 BOND STRAND, S8 (3/16") TINNED SIGNAL STRAND W/ 4/64" BLACK INS. 1 GROUND ROD, COPPER, 5/8" DIAMETER, 8' LENGTH - POINTED 4 TRACK CONNECTOR "BOOTLEG", WELD -WEB, 3/16" DIA., W/ 1" TAB, 4" 1 BOND, CADWELD 3/16" X 7-1/2" TAB 1 RETAINER CLIP, CABLE (3/8" MAX. DIA.) TO RAIL - PERPINDICULAR 1 LOCK, RAILROAD STD. 10 INSULATED RAIL JOINT, POLY -BAR, BOLT -ON 4 SHUNT BOX ASSEMBLY 4 TRAFFIC SIGNAL INTERFACE BOX 1 PREDICTOR, ENTRY-LEVEL UPGRADE PACKAGE, TREJO STREET 1 MISC. MATERIAL FOR FIELD INSTALLATION 1 ENGINEERING SERVICES / CIRCUIT PLANS / AS -IN-SERVICE PLANS NOTE; Some Proposed Material Items May Be Substituted With Equal Or Better Items LT LT LT LT LT LT LT EA LT LT LT EA EA EA EA LY LT LT EXHIBIT "C" EASEMENT GRANTED TO THE CITY RECORDING REQUESTED BY Jerry Merrill, Mayor of City of Rexburg And When Recorded Mail To: Name: Jerry Merrill Mayor of City of Rexburg Street Address: PO Box 280 City & State: Rexburg, Id 83440 EASEMENT THIS easement is made as of the day of , between EASTERN IDAHO RAILROAD, LLC. ("Company"), and THE CITY OF REXBURG, ("City"). The Company does hereby grant unto the City, and unto its successors and assigns an EASEMENT, 100 foot wide Public Right of Way, on, along and over the property (hereinafter the "Property") situated in Madison County, State of Idaho, as more particularly described by an Exhibit E, hereto attached and hereby made a part hereof this instrument, for sole purpose of constructing, widening, using, maintaining, repairing and renewing this location as located at the Yellowstone Branch of the Yellowstone Subdivision on the Northern Division at railroad milepost 24.93 in the City of Rexburg, Idaho. The easement granted herein is made subject to (if not incommoding the use by the City) the prior and continuing right and obligation of the Company, its successors and assigns, to use all of the Property in the performance of its duty as a common carrier and for all general railroad purposes, and there is reserved unto the Company, Its successors, assigns, licensees and lessees, the right to construct, maintain, use, repair, reconstruct, renew and operate existing and future transportation, communication, pipeline, fiber optics and wire line facilities and appurtenances in, upon, over, under, across, and along the Property. The Company may also move equipment of all types on, along and over the Property. The easement granted herein is made subject to (if not incommoding the use by the Company) the prior and continuing right and obligation of the City, its successors and assigns, to use the Property in the performance of its duty as a common carrier and for all general purposes, and there is reserved unto the City, Its successors, assigns, licensees and lessees, the right to construct, maintain, use, repair, reconstruct, renew and operate existing and future transportation, communication, pipelines, fiber optics and wire line facilities and appurtenances in, upon, over, under, across, and along the Property. The easement granted herein is limited to such rights as the Company may have in the Property and is granted without warranty, express or implied, and the Company makes no covenant or warranty for quiet possession or against encumbrances. The easement granted herein is also made subject to all outstanding leases, licenses and other outstanding rights, including, but not limited to, those for communication lines, pipelines, wire lines, and fiber optic lines and the right of renewals and extensions of the same, and subject also to all conditions, limitations, restrictions, encumbrances, reservations or interests of any person or entity which may affect the Property whether recorded or unrecorded. The City shall not damage or interfere with the property of rights of any authorized user (entity that has rights by permit, agreement, or contract to use the Property including tracks) related to the Property, unless the City, as its own expense, settles with and obtains releases from such authorized user. The Company further reserves unto itself, its successors, assigns, licensees and lessees, the right to attach signal, communication or power lines including signboard facilities and appurtenances to any public facilities located upon the Property; provided that such attachments will not interfere with the use of the public facility and written approval is received from the City. In the event the City discontinues the use of the Property for the purposes set forth herein for a period of three (3) consecutive years, the easement right granted herein shall cease and terminate and the Company's title to the Property shall be freed from the burden of the easement granted herein. Rights granted herein by the Company do not allow the City to authorize the use or occupancy of the Property by another party except for Contractors hired by the City. IN WITNESS WHEREOF, the Company has caused this Easement to be duly executed as of the date first herein written. STATE OF ) ss. COUNTY OF EASTERN IDAHO RAILROAD, LLC. By: Title: ACKNOWEDGMENT On this day of , 2022, before me, the undersigned, a Notary Public in and for said county, personally appeared SEAL known to me, as the for EASTERN IDAHO RAILROAD, LLC. Name of Notary Public Residing in (City, State) My commission expires on: