Laserfiche WebLink
TillS AGREEb~;]NT, made as of this day of <br /> · .. , 1977 <br />between the CITY OF LAKEWOOD, OHIO (a municipal corporation of the State of <br /> <br />Ohio), ("City"), and NORFOLK AND WESTERN RAILWAY COMPANY (& Virginia <br />corporation), ("Railway"). <br /> <br />WITNESSETH: <br /> <br /> WHEREAS, City desires to improve the surface of certain crossings <br /> at grade of public streets and railroad tracks of Railway more particularly <br /> identified on Exhibit A attached hereto and made a part hereof; and <br /> <br /> W~LEPd~iAS, such improvements require the installation of new full <br /> depth timber crossings and T-Core crossings as shown on said Exhibit A, <br /> necessary anchoring hardware, drain pipe and rubber pads for each tie; and <br /> <br /> WIIEREAS, City bas requested Railway to obtain and install the said <br /> materials to improve said crossings; and <br /> <br /> WHEREAS, pursuant to Ordinance No. , adopted <br /> the Council of the City of Lakewood has authorized the Director of Public -' <br />Works to enter into the within contract, which Ordinance No. is <br />particularly identified as Exhibit B (attached hereto and made a part <br />hereof); and <br /> <br /> WUEREAS, the parties hereto desire to cooperate in improving the <br />crossings aforesaid; <br /> <br /> NOW TIIEREFORE, for and fn consideration of the mutual covenants <br />hereinafter stipulated to be kept and performed, it is agreed between the <br />parties as follows: <br /> <br /> (1) Railway shall obtain on behalf of City the materials necessary <br /> to effectuate the improvements contemplated. <br /> <br /> (2) (a) Railway shall at its expense remove existing crossing <br />materials as necessary to accomplish the repairs or renewals replacing fouled <br />ballast and unsuitable ties if required and installing drainage pipes if <br />appropriate. Railway shall thereafter install new crossings as shown on said <br />Exhibit A, necessary anchoring hardware and rubber pads for each tie. <br /> <br /> (2) (b) Final crossing elevations shall be approximately equal to <br />or not more than 3 inches above the existing highway profile at that <br />crossing. <br /> <br /> (3) Railway shall furnish City itemized invoices for the said <br />materials whfcb invoices shall be paid by City within sixty (60) days of <br />receipt of the same. Such invoices may be submitted by Railway as materials <br />are secured. <br /> <br /> (4) City shall cooperate with Railway by permitting temporary <br />closings of cro~;~ng~ d.rfng construction work. Any detour signs shall be <br />the responsibility of City. <br /> <br />Exhibit A <br /> <br /> <br />