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WHEREAS, the CITY and the RAILROAD desire to settle their respective rights and <br /> obligations with respect to the construction, reconstruction, operation, inspection and maintenance <br /> of the PROJECT through and across the FACILITIES, to provide for the PROJECT's impacts to <br /> the FACILITIES due to said construction, to determine the RAILROAD'S incurred costs resulting <br /> from the PROJECT and the method and manner of ascertaining those costs and the procedures <br /> for making payments therefore. <br /> NOW, THEREFORE, the parties hereto each in consideration of the foregoing <br /> representations and the mutual covenants and agreements herein, do hereby covenant and agree <br /> as follow: <br /> 1. PLANS, SPECIFICATIONS AND SCHEDULES <br /> For the purpose of identifying the plans, specifications, estimates and other documents, <br /> this project will be designated as "Brush College Rd OHB Grade Separation" which is at or near <br /> Illinois Central Railroad Company's Milepost 0.83, DOT#291384M, in Decatur, Illinois. <br /> 1.1. The PROJECT shall be accomplished in accordance with Exhibits A, B, and C, attached <br /> hereto and made a part hereof. The RAILROAD's anticipated portion of the work for the <br /> proposed PROJECT is limited to installing automatic lights and gates with CWT circuitry at <br /> Faries Parkway DOT/FRA# 291386B, relocating East Harrison Avenue DOT/FRA# <br /> 291834M crossing panel and surface materials and installing automatic lights and gates <br /> with CWT circuitry, and flagging as listed under 'WORK TO BE PERFORMED BY <br /> RAILROAD"within Exhibit A, shall be in accordance with the plans, specifications, and with <br /> the Special Provisions attached hereto as Exhibits A and B, respectively. RAILROAD shall <br /> not be responsible for securing any permits, rights, licenses, easements, permissions or <br /> other authority for the work reflected on Exhibits A and B. <br /> 1.2. The RAILROAD shall, if requested by CITY, prepare any required detailed drawings, plans <br /> and specifications as may be required for any required RAILROAD force account work <br /> related to the proposed PROJECT improvements, and shall perform or arrange for the <br /> performance of said items of work at CITY's sole cost, risk and expense, except as may <br /> otherwise be specifically provided for in this Agreement. <br /> 1.3. The CITY shall prepare any required detailed drawings, plans and specifications as may be <br /> required for any proposed improvements listed under "WORK TO BE PERFORMED BY <br /> CITY"on Exhibits A and B, and shall perform or arrange for the performance of said items <br /> - 2 - <br />