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R/E Form No 3669— Revised 9/61 PIPE LINE CROSSING PERMIT NO 92997
<br />THIS AGREEMENT, made and entered into as of the 4th day of December .19 81 ,hy nod between
<br />500 LINE RAILROAD COMPANY, party of the first part, hereinafter called "Railroad Company ", and
<br />CITY OF LITTLE CANADA, MINNESOTA party of the second part, hereinafter called "Llcemeo",
<br />WFFN1i551f1l1:
<br />1. The liallwod Company grants to the Licensee per mission to Install and maintain tIX two
<br />pipe lineymI exceeding eight (8) Iehaln diameter, licrehuhfter celled " pipeline'. extending upon and across the
<br />Railroad Company's property and tracks in the NEST CIIJ ;4 b NWSE,
<br />,6151/4 or Seams 7 , Township 1.9 N., Range 22 W.
<br />County 01 Ramsey ,sit of near Cuenca • Slate of Ml.unntotn
<br />for a distaoec of 0ppro.xia36gy 100 feel each mRampud Survey Rm11003'3.b2 +56 and 129 +75
<br />In the mealier( Indicated In oed and In accordance with the details as shown on the I001t hereto nnnahcd Inarkml "exhibit A ", and specifications haoto
<br />attached marked "exhibit 9 ". at a depth of not less than 5.5 feel beneath the bile of the call In any railroad tracks located on
<br />said properly, Io be used by the Licensee nsee exclusively for water slain
<br />simmer to the conditions hereinafter sal forth.
<br />2. II Licensee Omit 1y the Raiirliaticomputly tl fS None met an a 5 year Isms. payable In advance II
<br />or tie per herein granted, and hll assume and pay all taxes sold assessments On sy 1 vied or assessed against the pipe line, or against the
<br />Railroad Company's property I Y reason of 111V 10calioll Of the p11,1, 'inc thereon. WI Ih'. .1 niQ111.10111altv, III diet 1,111C 11,111mad COnipany
<br />s rue fight 10 ,Wjla said rental after Inc Use 14%1 year upon thirty (31) days t It to f' I- r to the y date of this agreement. 'Ilis
<br />provision for payment shall in no way restrict the Railroad Company's right of termination under Paragraph I1 hereof Acceptance of any imyme It
<br />for any five year period. even though a bill has been rendered and payment made thereof, shat not constitute sill theca ens aA to the rale of payment
<br />to be paid during each 5 year period,
<br />3. The Licensee, after Ars( securing all necessary public authority. shall al the Licensee's sole expense install and thereafter hnahllnhh the pipe
<br />line upon and across the Railroad Company's properly and underneath any railroad locks located thereon at the above described location. In a
<br />manner satisfactory to the Railroad Company's Chief Engineer, and in strict conformity wits the requirements of :III laws, ordinances and orders of
<br />competent is rtynl public authority
<br />0110 en ang r.IIto la and f the modifications p thereof, ilea So m not no endanger 0 the R to d safely 0f railroad or other uperhdl0n,. upon sold
<br />property mild SO m awl m endanger the solely of the persons or property !cur or adjacent 10 rise Railroad Cohn Pnnyk properly.
<br />4. '('Inc Licensee shall be responsible for determining the location and existence of any pipes, wires, ndulb, ocwes, piling or otter
<br />a, s
<br />obstructions W to the construction piling licensee's r bstr line and shall indemnify Railroad co Company for any and all fl.iiey for damage line. to the foregoing
<br />Comp nyem makes no r, present/ tiling yr he granting obstructions, this, ie any, that its by the compilation free or Inclllell01. of s.Icen duis , pipe sewers, piling for other
<br />Company nmku Ira representation by the gfaa111hR Vf this license 1ha1 iU properly is free of any such Pipes, wive, conduits, sewer, tilling of other
<br />obtoc lions.
<br />5. The Licensee shall not carry on any work In connection with the installation, maintenance, repair, changing or renewal of the pipe line
<br />underneath or in close proximity to any railroad track at the above described location before giving the Regional Engineer at least three days tltten
<br />!nice at his headquarters located al Minneapolis Minnesota
<br />and not until an authorized representative of the Railfoad Company shall Ise pressed w supervise Same. Upon bills (wing rendered therefore, the
<br />Licensee Shall promptly reimburse the Railroad Company for all expenses incurred by it In connection wills such supervision. Including all labor costs
<br />for flagmen supplied by Inc t Railroad Company to prolecl :i Iroad operations. and for the entire cost of the furnishing, Installation and Inter removal
<br />of any temporary supports for Bald tracks, which said Chief I.nglneer or his authorized representative may consider necessary while such work bolo
<br />progress.
<br />6. The Licensee at the Licensee's sole expense, whenever notified to do so, shall promptly make such repair to or changes In the pipe line
<br />including change In location, as said Chief Engineer 0t ilk authorized representative shall for any reason consider necessary and require, '(inc RailroadI
<br />Company shall have the right. at its election, to make emergency repairs In the pipe Iha, and hn such event the Licensee, 1111011 bin being rendered
<br />therefore. will promptly reimburse the Railroad Company for all expenses incurred) in connection therewith.
<br />7. .101:Reliance and me of the pipe line upon and across the Railroad Company's (property at Inc t above described location, however long
<br />continued. shall not vest in the Licensee any rights adverse In those of the Railroad Company.
<br />8. The Licensee shall assume all risk of damage to or destruction of the pipe line through) any cause whatsoever while located upon and
<br />across the Railroad Company's property, and shall I a9 times fully tndcnndy Inc t Railroad Contpmty agnbm all IlnblliIy, dales, dentauls, olu,
<br />jndghnem b, costs and expenses by reason of loss of or damage to property anti Injury to 01 death of persons whatsoever or whomsoever, In any manner
<br />arising frohn or growing our of, directly or Indirectly, wholly or in part. the Installation, maintenance, repair, changing, renewal, existence of removal
<br />of the pipe line upon, across or front the Railroad Company's properly at the above described loeati011.
<br />9. The waiver by tie Railroad Company of a breach by the Licensee of tiny provision hereof, shall be limited to lla act or omission
<br />constituting such breach, and Ball not constitute a continuing 0r permanent waiver.
<br />IU. This agreement or the permission herein granted Shall not be a.ulgned or transferred by the Licensee in any manner, by operation of haw
<br />or otherwise, without the written consent of the Railroad Company. Subject thereto. this agreement shall Inure to the benefit of, and be binding
<br />upon, the successors, mnigns and legal representatives of the respective parties. party.
<br />11. 'fhb ngreentenl altail cn,tlinlle 1,1 effect unlll terminated fly elliler party upon thirty (30) days' to the Iohlhr rA ill
<br />notice given by the Railroad Company hereunder shall be good if deposited in a Untnd Slates m Isl office, certiflvd
<br />the Licensee's last no,. hen oter m h e a Licensee Company s lake proportionate refund to the Lieenu0 of rental that shall
<br />tav paid advance of d f any amounts payable the shall
<br />12. The Licensee at the Licensee's sale expense, within thirty days from the dale of service of notice of termination no above provided. shall
<br />take up and remove the ipe Tine from the Railroad Company's properly at the above described location and restore solid properly t0 a condition
<br />satisfactory to said Cidef Engineer. Failure on lie part of the Licensee 10 do m shall constitute an abandonnienl of the pipe line by the Licensee. and
<br />the Railroad Company shall then have the right, at Its election, to disconnect the pipe the al the points where it ciders and leaves the Railroad
<br />Company's property. or to take up and remove the whole or any parr of the pipe line om said properly and perform said work of restoration. and In.
<br />either event the Licensee, upon a bill being rendered terefore, shall promptly reimburse Ore Railroad Company for all expensa0 incurred 111
<br />wnnec1b it therewith, plus fifteen per cent.
<br />I3. 'tie Railroad Company shall not be required to assume any portion of the cost of the construction of said pipe line or future maintenance
<br />thereof.
<br />IN WITNESS WHEREOF, the pestle .rye`s ghave caused Ills agreement to be duly executed, al of the day mill year tni above written.
<br />8,3'16171 WJjrIfM'
<br />sir nn:siru tar 8 SOO LINE: RAILROAD COLIFANY
<br />Witnesses:
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