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PIPE LINE CROSSING PERMIT NO
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<br />THIS AGREEMENT, made and entered Into as of the 1St day of August . 19 92. by and between
<br />SOO LINE RAILROAD COMPANY, party of the first part. hereinafter called "Railroad Company ", and CITY OF LITTLE CANADA
<br />515 Little Canada Road, Little Canada, MN 55117 , party of the second part, hereinafter called "Licensee ".
<br />WITNESSETH:
<br />1. The Railroad Company grants to the Licensee permission to Install and maintain a
<br />pipe line, not exceeding 12 Inches In diameter, hereinafter called "pipe line ", extending upon and across the Railroad
<br />Company's property and tracks In the SW} SWt of Section 7 , Township 29 N., Range 22W ,
<br />County of
<br />Ramsey , at or near
<br />far a distance of approximately 100 feet
<br />Little Canada
<br />, State or Minnesota
<br />at Railroad Survey Station 100 +65
<br />In the location indicated In red and In accordance with the details as shown on the map hereto attached marked "Exhibit A ", and
<br />specifications hereto attached marked "Exhibit El", at a depth Of not leas than 26 feet beneath the base of the rail of any
<br />railroad tracks located on said property, to be used by the Licensee exclusively for storm sewer
<br />subject to the conditions hereinafter set forth.
<br />2. The Licensee shall pay the Railroad Company the sum of $ 1,7200.00 )4YrXXiibYi ICKgreiā˛¢{Xd:YaXXXi'eYK}bX8I8( payable
<br />In advance as rental for the permission herein granted, and shall assume an pay all taxes and assessments that may be levied or
<br />assessed against the pipe tine, or against the Railroad Company's property by reason of the location Of said pipe line thereon. jtK3t9{;UXE
<br />e@RetO SXMOIDISCCXOCI ISX1X1118XFSPa @%Xt ialCaRL lKOSIC48hia provision for a payment in way thJOIVXMIMICIOSIE any's WWK
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<br />of termination under Paragraph 11 hereof. / QOMM K0( 0CHIXXSI SO PI SS I1130XXO LICSMXAIOXW}MXX91dCOX)MKSKIXI M SIOXXXIZICXONCIMIXIKX000OKISIC
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<br />3. The Licensee, after first securing all necessary public authority, shall at the Licensee's sole expense Install and thereafter maintain
<br />the pipe line upon and across the Railroad Company's property and underneath any railroad tracks located thereon at the above described
<br />location, in a manner satisfactory to the Railroad Company's Chief Engineer, and In strict conformity with the requirements of all laws,
<br />ordinances and orders of competent public authority now existing and future modifications thereof, ao as not to endanger the safety of
<br />railroad or other operations upon said property and so as not to endanger the safety of the persona or property near or adjacent to the
<br />Railroad Company's property.
<br />4. The Licensee shall be responsible for determining the location and existence Of any pipes, wires, conduits. sewers, piling or
<br />other obstructions to the construction of Licensee's pipe line and shall indemnity Railroad Company for any and all liability for damage to
<br />the foregoing pipes, wires, conduits, sewers, piling or other obstructions, If any, caused by the construction or maintenance of Licensee's
<br />pipe line. The Railroad Company makes no representation by the granting of this license that Its property Is free of any such pipes, wires.
<br />conduits, sewers, pilings or other obstructions.
<br />5. The Licensee shall not carry on any work In connection with the Installation, maintenance, repair, changing or renewal of
<br />the pipe line underneath or in close proximity to any railroad track at the above described location before giving the Chief Engineer at
<br />least three - days' written notice at his headquarters located at Minneapolis, Minnesota, and not until an authorized representative of the
<br />Railroad Company shall be present to supervise same. Upon bills being rendered therefor, the Licensee shall promptly reimburse the
<br />Railroad Company for all expenses Incurred by It In connection with such supervision, Including all labor coats for flagmen supplied by
<br />the Railroad Company to protect railroad operations, and for the entire coat of the furnishing, Installation and later removal of any
<br />temporary supports for said tracks, which said Chief Engineer or his authorized representative may consider necessary while such work
<br />Is In progress.
<br />8. The Licensee at the Licensee's sole expense, whenever notified to do so, shall promptly make such repairs to or changes
<br />In the pipe line, Including cnange In location, as said Chief Engineer or his authorized representative shall for any reason consider
<br />necessary and require. The Railroad Company shall have the right, at its election, to make emergency repairs to the pipe line, and in
<br />such event the Licensee, upon bills being rendered therefor, will promptly reimburse the Railroad Company for all expenses Incurred In
<br />connection therewith. pipe Company's long continued. Maintenance and use In the Llceneee any upon and those of the Railroad COnlpany, property at the above described location,
<br />8. The Licensee shall assume all risk of damage to or destruction of the pipe line through any cause whatsoever while located
<br />upon and across the Railroad Company's property, and shall at all times fully Indemnity the Railroad Company against all liability, claims,
<br />demands, sults, judgements costa and expenses by reason of loss or damage to property and Injury to or death of persons whatsoever
<br />or whomsoever, n any manner arising from or growing out ol, directly or indirectly, wholly or In part, the Installation, maintenance, repair,
<br />changing, renewal, existence or removal of the pipe line upon, across or from the Railroad Company's property at the above described
<br />location.
<br />9. The waiver by the Railroad Company of a breach by the Licensee of any provision hereof, shall be limited to the act or omission
<br />constituting such breach, and shall not constitute a continuing or permanent waiver.
<br />10. Thla agreement or the permission herein granted shall not be assigned or transferred by the Licensee In any manner, by
<br />operation of law or otherwise, without the written consent of the Railroad Company. Subject thereto, this agreement shall Inure to the
<br />benefit of, and be binding upon, the successors, assigns and legal representatives of the respective parties.
<br />11. This agreement shall continue In effect until terminated by either party upon thirty (30) days' written notice to the other
<br />party. Any notice given by the Railroad Company hereunder shall be good If deposited In a United States post office, certified
<br />mall, addressed to the Licensee at the Licensee's last known address. XfAXOCESMXTEOVI KORCXXMMX7870XMa K=10,14MMKrXXONSXIOXYa
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<br />12. The Licensee at the Licensee's sole expense, within thirty days from the date of service of notice of termination as
<br />above provided, shall take up and remove said pipe line from the Railroad company a property at the above described location and
<br />restore said property to a condition satisfactory to said Chief Engineer. Failure on the part of the Licensee to do so shall constitute
<br />an abandonment of the pipe line by the Licensee, and the Railroad Company shall have the right to remove the whole or or any pan
<br />of the pipe line from said property and perform said work of restoration, and In either event the Licensee, upon a bill being rendered
<br />therefor, shall promptly reimburse the Railroad Company for all expenses Incurred In connection therewith, plus fifteen percent.
<br />13. The Railroad Company shall not be required to assume any portion of the cost of the construction 01 said pipe line or future
<br />maintenance thereof.
<br />IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duty executed as of the day and
<br />year first above written.
<br />Witnesses: SOO LINE RAILROAD COMPANY
<br />B y
<br />Aealatent Vice President Real Estate
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<br />Page 6 4 CITY OF LITTLE CANADA
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