98-83 Contract w/ Norfolk to improve RR grade crossings

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AGREEMENT THIS AGREEMENT, made as of this day of , 1983 between the CITY OF LAKEWOOD, OHIO (a municipal corporation of the State of Ohio), ("City"), and NORFOLK AND WESTERN RAILWAY COMPANY (a Virginia Corporation), ("Railway"). WITNESSETH: WHEREAS, City desires to improve the surface of certain crossings at grade of public streets and railroad tracks of Railway more particularly identified on Exhibit A attached hereto and made a part hereof; and, WHEREAS, such improvements require the installation of new full depth timber crossings, T-Core crossings and rubber crossings, necessary anchoring hardware, drain pipe and rubber pads for each tie; and, WHEREAS, City has requested Railway to obtain and install the said materials to improve said crossings; and, WHEREAS, pursuant to Ordinance No. , adopted , 1983, the Council of the City of Lakewood has authorized the Director of Public Works to enter into the within contract, which Ordinance No. is particularly identified as Exhibit B (attached hereto and made a part hereof); and, WHEREAS, the parties hereto desire to cooperate in improving the crossings aforesaid; NOW THEREFORE, for and in consideration of mutual covenants hereinafter stipulated to be kept and performed, it is agreed between the parties as follows: (1) Railway shall obtain on behalf of City the materials necessary to effectuate the improvements contemplated. (2) (a) Railway shall at its expense remove existing crossing materials as necessary to accomplish the repairs or renewals replacing fouled ballast and unsuitable ties if required and installing drainage pipes if appropriate. Railway shall thereafter install new crossings as agreed to by the City, necessary anchoring hardware and rubber pads for each tie. (2) (b) Final crossing elevations shall be approximately equal to or not more than 3 inches above the existing highway profile at that crossing.