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2008-286
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2008-286
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crossing installation attached hereto as Exhibit B and incorporated by reference . When the <br /> RAILWAY determines that the replacement of the new SURFACE is more economical than its <br /> continued maintenance, the RAILWAY shall have the exclusive option to replace the SURFACE <br /> with a comparable or improved structure . The replacement costs of the new SURFACE shall be <br /> the sole responsibility of the COUNTY. The COUNTY shall, at its sole expense, maintain and <br /> replace the remainder of the road inside the RAILWAY ' S right-of-way, plus any paving which <br /> may be located between the ends of the ties . If such work is required due to replacement of the <br /> SURFACE, the COUNTY shall perform such work in accordance with the time and operational <br /> requirements of RAILWAY . The COUNTY will give prior notice to RAILWAY of all work to <br /> be performed by it at or near the CROSSING SITE and no such work shall be performed by <br /> COUNTY without the prior approval of RAILWAY . All work performed by the COUNTY shall <br /> be conducted at such times and in such manner as to not interfere or impede the operations of <br /> RAILWAY . The RAILWAY shall provide a construction watchman at said CROSSING SITE <br /> while work is being performed by the COUNTY under the provisions of this Agreement, at the <br /> sole expense of the COUNTY . <br /> 11 . In addition to the crossing installation, the RAILWAY will upgrade the existing <br /> North Gifford control point with new electronics and signal equipment that will integrate with <br /> the new 53rd Street grade crossing WARNING DEVICES , at the sole cost of the COUNTY . <br /> Installation cost are estimated to be $ 227 , 000 . 00, as shown on the estimate for North Gifford <br /> Upgrades attached hereto as Exhibit B and incorporated by reference . <br /> 12 . The COUNTY agrees , acknowledges and understands that the RAILWAY reserves <br /> the right to make any changes at any future time in its existing tracks or other facilities , including <br /> xr rrr ; a Page 5 <br />
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