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MIDEPARTMENT OF TRANSPORTATION MnDOT Agreement No. 1033695 STATE OF MINNESOTA RAILROAD CROSSING SIGNAL USDOT Number: 463542M Total Obligation: $ 259,085.85 State Project Number(SP): 62-00217 Anticipated Federal Aid: $ 233,177.27 Federal Project Number: RRS 6221(104) Total Local Agency Obligation: $ 25,908.58 CFDA: 20.205 Railroad: Minnesota Commercial Railway Company Location: CSAH 12 (10th St NW), New Brighton, Ramsey, MN Local Agency: City of New Brighton This agreement (Agreement) made and entered into by and between State of Minnesota through its Commissioner of Transportation, (State),the Minnesota Commercial Railway Company, (Company, and the City of New Brighton, (Local Agency). RECITALS 1 CSAH 12 (10th St NW), as now established, crosses the track of the Company at grade in New Brighton, Ramsey, MN, the location of the crossing and railway track shown on the attached print, marked Exhibit A. 2 The State, Local Agency and the Company desire that this grade crossing be provided with new railroad flashing light signals, gates, cantilevers, constant warning circuitry and LED lenses (Project), and the Company is willing to install, maintain and operate such signals upon the terms and conditions set forth in this Agreement. 3 The State, pursuant to Minnesota Statute Section 161.36, is authorized to cooperate with the United States Government in contracting for the construction, improvement and maintenance of transportation in the state of Minnesota,financed in whole or in part by federal monies. 4 The Federal Highway Administration (FHWA), when acting in cooperation with the State of Minnesota, is authorized by Section 130 of Title 23 of the United States Code to make Federal Aid available for the purpose of eliminating hazards at railroad grade crossings within the State of Minnesota. 5 The State, pursuant to Minn. Stat. §219.26, has reviewed the proposed selection of warning devices for the railroad grade crossing and has determined that the proposed selection is appropriate for the crossing. AGREEMENT TERMS 1. Term of Agreement,Survival of Terms and Incorporation of Exhibits 1.1. Effective Date: This Agreement will be effective on the date State obtains all required signatures under Minn.Stat.§16C.05,subdivision 2.Company shall not begin work under this Agreement until this Agreement is fully executed and Company has been notified in writing by State's Project Manager to begin the work. 1.2. Expiration Date: This Agreement will expire four years after this Agreement is fully executed,or when all obligations have been satisfactorily fulfilled, whichever occurs first. The State or Local Agency will not pay for work after the expiration of the Agreement. The Company agrees to complete such work at its own expense. 1.3. Survival of Terms: All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, but not limited to the following clauses: 3. Future Responsibility;