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03-27-2024 Council Packet
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03-27-2024 Council Packet
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<br />3 <br /> <br />become electrically charged due to electrical induction. The development of an <br />electric charge results in a potential difference between the metal installation and <br />the ground, which can result in electrical shocks when the item is touched. <br />Placement of such metallic installation should take into consideration the shock <br />potential during the; construction, intended use AND future maintenance activities. <br /> Items which become charged must be connected to a grounding rod or grounding <br />system to prevent shocks. <br /> <br />(m) The ground elevation within the property limits shall not be increased above the <br />existing grade. Stockpiling of soil and/or material within the Easement Area will <br />not be permitted. Any proposed grade changes required for the site must be <br />reviewed and approved by Xcel Energy prior to the start of construction. <br /> <br /> Fill around or above existing structures is not permitted. The grade around the <br />structures must provide for surface water runoff – no surface water ponding around <br />structures will be permitted. Any cost related to the adjustment of Xcel Energy’s <br />facilities will be at the licensee’s expense. <br /> <br />(n) There shall be no fuel tanks stored or refueling of vehicles and equipment within <br />the easement. <br /> <br /> <br />4. Access Granted “As Is”. Licensee shall accept the Property in “as is” condition and upon <br />the termination of this agreement shall surrender the Property in substantially the same <br />condition in which it was at the beginning of the occupancy. NSP makes no specific or <br />implied disclosure or warranty as to the presence or location of hazardous materials on the <br />Property. <br /> <br />5. Access Parties’ Responsibilities. The Access Parties shall obey all NSP written rules and <br />regulations made known to them prior to their entry as well as reasonable oral instructions <br />related to safety as such are made known to the Access Parties during their presence on the <br />Property. <br /> <br />6. Access Party’s Sole Risk. All materials, equipment, work, and installations of any nature <br />brought upon the Property by any Access Party shall be at the risk of that Access Party. <br />Neither NSP nor any party acting on NSP’s behalf shall be responsible for any damage or <br />loss or destruction of such items brought to the Property and all Access Parties hereby <br />release NSP from all claims arising out of loss, damage or destruction of such items. <br /> <br />7. Non-Interference. Licensee’s use of the Property shall not interfere with NSP’s <br />utilization of the Property for NSP’s business purposes in any way. <br /> <br />8. Default. If any default is made by Licensee of any term or condition contained herein, or <br />if this Agreement is terminated as provided in Section 2 above, it shall be lawful for NSP <br />to declare the Term ended, to enter the Licensed Property, either with or without legal <br />process, and to remove Licensee or any other person or persons occupying the Licensed
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