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8/6 form No. 3669 Rovno<19 /81
<br />PIPE LINE CROSSING PERMIT NO 2 11)2 7
<br />THIS ACI(IiEMP:N'f, made Slid entered into as of the 22nd day of January
<br />600 LINE RAILROAD COMPANY, party of the firs) parr, hereinafter calls(' "Railroad Company" and
<br />CITY OF LITTLE CANADA, MINNESOTA
<br />, 19 82 , by and between
<br />, party of the second p:u1, ho re 000er called "lacers
<br />Wf(NESS11/I11:
<br />I. The Railroad (ompe11Y grams to the htee0aee penne' In lnanll :tired na nl;ailh a Class V
<br />pipe line, all exceeding twelve (12) 1 0 0 1 1 0 110 dOa 101, hlaneflrr called "pipe (Inc. " extending upon anA across rho
<br />Railroad Company's, "opocly and tracks 1111110 5W1/4 N01/4 of Section 6 l'owmhip 29 N., Range 22 W, ,
<br />County of Ramsey , Id of hear Cuenca *Slats of Minnesota
<br />for a distance of approximate' y 100 feel III 'railroad Survey Station
<br />In the location indicated In red and in accordance with the details RS ilmwn 011111 , hereto al lacked marked ''0611bil A ", and specif,celiac ,brio
<br />attacked marked "exhibit II ". at a depth of net 100 (Ian 9'6" Xxa beneath the base of the rail 10 any railroad tracks located on
<br />said properly, to be used by the Licensee exclusively for storm Sewer
<br />subject to the C01100000 hereinafter set forth.
<br />2. The Licensee shall pay the Railroad Company the 00101 of 5 None per annum billed on a 5 year basis, Payable in advance as rental
<br />for 111C 1/10111101011 a
<br />herein gm 10001110111S ed, and shell assume old pay all taxes a10001110111S that 0ley be levied or assessed against the pipe line, or against the
<br />Railroad Company's properly by 000011 01 the location of the pipe lino thereon. While this agreement remains in effect, the Railroad Company
<br />reserves the right to adjust said tenlel after the fat year 110011 (bitty (30) days written notice prior to Iho anniversary date of this agreement, This
<br />provision for payment shall in 10 way retract the 'railroad Company's right of termination ender Paragraph 11 hereof. Acceptance of any payment
<br />turbo aid during each 5 period, earn though a bill has been rendered and payment made thereof, droll nth constitute an agreement as to the rare of payment
<br />p gem year polio
<br />3. The Licensee .fir first securing ll lUcessary public authority, shall al Ore Licensee's sole expense install and thereafter maintain the pipe
<br />line ( 1 1 1 ( 1 ( 1 0 a 1 ;cross the Railroad Company's properly and underneath tl any 011110010 to mks located thereon al on above described location, In a
<br />manner satisfactory to the Railroad Company's Chief Engineer, and in strict confnuni lY with Ike lequirentenu' of all laws, ordinances and orders of
<br />competent public authority nous existing and future 1nodilications thereof, .w es nod Io endanger the vfety of faiIrn'ad 110 other 0peralim¢ neon sa111
<br />properly and so as not 10 endanger the safely of the persons or properly near or adjacent t to the Railroad Company's property.
<br />4. The Licensee shall be responsible for determining Ilan (ocalon 10111 existence of any pipes, wir e s, conduits, sewers, piling of other
<br />obstructions to Die construelio0 of Licensee's pipe line and shall indemnify' !railroad Company for any and all liability for damage to lam foregoing
<br />pipes, wires, conduits, sewers, piling or other obstructions, if any, omocd by the anrMIC11011 or malnIelanoe of Licensee's pipe line. The ,railroad
<br />Company makes no mpfesentullon by the granting of thus license that its properly Is hoe of any suck pipes, wires, conduits, sewers, piling or Omar
<br />obstructions.
<br />5. The Licensee shall nth carry on any work in connection with Iho ino;lllatio,(, maintenance, repair, changing or renewal of the ,Bµ10 line
<br />underneath or In close proxhnily do any railroad track at the above described location beMte giving Ilse Regional Engineer at least than days riven
<br />notice at Ms headglnncrs located at MIl. n nedpe11.9, 9inneso Ca
<br />and not until an authorized teprewIIa(iae of the I(nilrad Company shall he present to 0110000 vac, Upon bills being rendered therefore, the
<br />Licensee shall promptly reimburse II 'railroad Comyfr 11expenses by 11, 001010011011 with such - b d'g 00 labor costs
<br />for flagmen supplied by the Railroad C 1 y 10 protect rad ioperations, I f the t' 't of l furnishing, installation d later removal
<br />of any temporary n pit 061 r said tracks which said Chad Engineer of his authorized represcrutative may consider necessary while such work is in
<br />progress.
<br />6. The Chase( el the Lice nwc o sole expense. whenever notified to do so, shall promptly make such repairs to or changes in the pipe line,
<br />Including change In locm(on, as said Chief Engineer or his authorized representative 0101111 (01 any reason consider necessary and require. The Railroad
<br />Company dull/ have the right, at Iis election, to make emergency repairs to Ibe ape line. and in such event the Licensee, upon bills being rendered
<br />therefore, will promptly reimburse 1100 Railroad Company for all expenses incurred in connection oterewlik.
<br />7. M nnenence and use of the pipe line upon and across the Railroad Company's property al the above described location, however long
<br />continued, shall not vest In the Licensee any righ is adverse to those of the Railroad Company.
<br />S. The Licensee shall assume all rhk of damage to or destruction of the p,00 line through any cause whatsoever while located upon and
<br />across the Railroad Company's properly, and shall at all limes hilly indemnify the Railroad Company against all liability. 0laims, denands, snits,
<br />Judgments, ts, costs and expenses by reason of loss or or damage to property and injury tour death of persons whatsoever or whomsoever, in any month
<br />arising from or growing out of, direcllY or mdirccily, wholly or in part, the in50100 0011. n'ainleam00, repair, changing, renewal, existence or removal
<br />of the pipe 11110 upon, ae100 or from the Railroad Company's property at the above described location.
<br />9. The waiver by the Railroad I/ompinuy of a broach by the Licensee of any provision hereof. shall be bruited to ore act or omission
<br />oomlilu ling such breach, and shall not conatile lea continuing 00 permanent waiver.
<br />ILL 'Ills
<br />agreement or the p0rtglssl(n herein grunted shall 001 be assigned or dm,sfcrnd by the (.1ce1s00 in any manner, by operation of law
<br />or otherwise, without the wrillun consent 111 the Railroad Company, Subject thereto, Ilan egennenl Ba11 I11111C 10 11,0 benefit of, and ere binding
<br />upon, the successors, assigns and legal representatives of Ow respective parties.
<br />1 E. This agreement shall 11011011110 111 effect until terminated by either party upon thirty (30) days' written notice to the other party. Any
<br />notice given by the 131/111/ad Company hereunder shall be good if deposited in a United States post office, certified mail, addressed to the Licensee at
<br />the Licensee's 106 (0 nown oddnss. Wlleo a, ernleded, 011101100A Compm1y 0,a11 snake proportionate refund l0 the Licensee of rental that shall
<br />have been paid in advance after deduction of any amlmms payable by the I.irem0e hereunder,
<br />(2. The Licensee al Die Licensee's sole expense, svilbi(1 thirty days from the slide of service of notice oi' Ianinalion 00 above provided, shall
<br />take up and remove the pipe Ilse 000111 the Railroad Company's properly al the above described location and restore said property to a condition
<br />satisfactory to sold Chief Engineer. Failure on the pall of ,lac Licensee lit do so s1e11 constitute an abandonment of Ilhe pipe line by the Licensee, and
<br />the ((01(1oaad Company stall them have the right at its election, In diaeonuel'1 rile pipe Idle al the points where It 00(00 and leaves 1110 Railroad
<br />Company: property, or to hake up and remove Ibe whole ill any part of the pipe line boor said properly and perform said work of restoration, anti 00
<br />either a ent me Licensee, upon a btu being 00011clel therefore, shall pr,mpty W1(101110 1100 0010000 ('ml11(01)> 000 e0 0001150 111011/100 111
<br />eunn0etfnn therewith, plus fifteen percent
<br />13. The Railroad Company 110(1 not Izo required to assume any 00/11011 0111100001 of the construction of said pipe lino or future maintenance
<br />thereof.
<br />IN wamESS Wh(11(11001', the p:uoNS banes ipi /If{cd Ipu ame° it m be ddb 001011 al, as of the day and year font ubovn written.
<br />I
<br />Wlics10:
<br />Attest:
<br />800 LINE RAI ,.ROAD CO M i' ANY
<br />ba6danl Iliretlur of heal Milne Deielnpment and Mumma/mien'
<br />CITY OF LTT9°LE CANADA, MINNESOTA
<br />Ely
<br />City Clerk Its
<br />
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