02-09-11 Council Agenda - Laserfiche WebLink

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Law Department Approved 08 -36053 LICENSE FOR BICYCLE PATH /PEDESTRIAN WALKWAY THIS LICENSE "License made as of the day of 2011 "Effective Date by and between BNSF RAILWAY COMPANY, a Delaware corporation "Licensor and CITY OF LITTLE CANADA, a municipal corporation "Licensee NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, licenses, easements, liens or other encumbrances, and upon the terns and conditions sot forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications a pedestrian walkway "the Walkway across or along the area of Licensor's property shown on the attached Drawing no.1- 43660, dated April 18, 2008, revised July 8, 2009 and marked Exhibit "A" and "A -1" and made a part hereof, situated at or near Little Canada, County of Ramsey, State of Minnesota, Line Segment 0218, Mile Post 7.87 "Premises for the purposes specified in Section 3 below. Licensee must also adhere to the stipulations as set forth on the attached Exhibit "C 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use Premises exclusively as a site for construction and maintenance of a Walkway or Path as shown on the Drawings and Specifications. Licensee shall not use the Premises for any other purpose. Licensee shall not use or store hazardous substances, as defined by the Comprehensive Environmental Response, Compensation, and Liability Act, as amended "CERCLA or petroleum or oil as defined by applicable Environmental Laws on the Premises. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable to refund Licensee any compensation paid hereunder, except for the pro -rata part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the Walkway [or the "Path") or entering the Premises on behalf of Licensee, shall be deemed agents of Licensee for purposes of this License. 3 Form 419; Rev. 04/26/06