License Agreement for Private Crossing
--------------------, referred to as RAILROAD, and --------------------, referred to as OWNER, agree:
RAILROAD grants to OWNER a license to construct, maintain and use a private crossing on the line of the RAILROAD, located at the mile marker of the RAILROAD line described.
Said private crossing shall be constructed and maintained as shown on the attached plan. The contractor and materials shall be approved by the RAILROAD. The contractor shall provide a surety bond and public liability insurance, including coverage deemed sufficient by the RAILROAD for crossing liability, in a minimum amount of $ ( & no/100 dollars). Such construction shall be scheduled and completed to provide the minimum disruption to the operation of the RAILROAD.
OWNER shall construct such signs and warnings as may be required by the RAILROAD. In addition, upon notice to the OWNER, if any subsequent government regulations or tariff terms require changes or improvements to the crossing, OWNER shall construct the same at its sole expense.
In the event of any changes to RAILROAD's right of way, the OWNER at its expense shall upon notice from the RAILROAD, make such changes, or, alternatively, shall pay to the RAILROAD a sum, in advance, estimated by the RAILROAD as necessary to construct such changes.
Said license shall only permit OWNER, OWNER's employees and others who are necessary to OWNER's use of OWNER's property. This license is personal to the OWNER, and nothing herein shall be construed as granting any general license. OWNER shall insure that only those who are authorized to use the crossing do so.
RAILROAD may establish, from time to time, general regulations for the use of private licensed crossing, and OWNER shall comply with the same.
OWNER shall maintain either crossing liability insurance or a bond, with a licensed surety company, satisfactory to the RAILROAD with a minimum limit of $ ( & no/100 dollars) providing for liability insurance or indemnity for railroad crossing liability.
RAILROAD may in its sole discretion discontinue this license upon 90 days notice to OWNER. OWNER agrees within 7 days of the termination to remove the crossing, or to pay to RAILROAD the cost of removal. Any contractor selected by OWNER shall provide bond as is provided above.
This license is personal to the OWNER, and may not be assigned, transferred or sub-let without the consent of the RAILROAD.