|
Tracking #08-38315
<br />PIPELINE LICENSE
<br />THIS LICENSE ("License"}, made as of the day of , 2008 {"Effective
<br />date") by and between BNSF RAILWAY GUMPANY, a Delaware corporation ("Licensor"} and
<br />CITY QF t_aUISVILLE, a Colorado municipal corporation ("Licensee"}.
<br />N4W 7HEREFQRE, in consideration of the mutual covenants contained herein, the
<br />parties agree to the following:
<br />GENERAL
<br />Licensor hereby grants Licensee a nan~xclusive license, subject to all rights, interests,
<br />and estates of third parties, including, without limitation, any leases, use rights,
<br />easements, liens, or other encumbrances, and upon the terms and' conditions set forth
<br />below, to construct and maintain, in strict accordance with the. drawings and
<br />specifications approved by Licensor as part of Licensee's appfrcation .process {the
<br />"Drawings and Specifications"), one (1) Pipeline(s), frfty-four (54") ir:ches in diameter
<br />("PIPELINE"), across or along the rail corridor of Licensor at or near the station of
<br />Louisville, County of Boulder, State of Colorado, Line Segment {3476, Miie Post 18.35,
<br />as -shown on the attached Drawing, No. 1-44000, dated June 2, 2008, attached hereto as
<br />Exhibit "A" and made a part hereof ("Premises"}.
<br />2. Licensee shah not disturb any improvements of Licensor or Licensor's existing lessees,
<br />Licensees, easement benefaaries or lien holders, if any, ar interfere with the use of
<br />such improvements.
<br />3. Licensee shall use the Premises solety'for construction and maintenance of a PIPELINE
<br />in accordance with .the Drawings and Spedficatians carrying storm water. Licensee
<br />shall not use the PIPELINE to carry .any -other commodity or use the Premises far any
<br />other purpose. .
<br />Licensee covenants that it will not handle or transport "hazardous waste" ar "hazardous
<br />substances", as "hazardous waste" and "hazardous substances" may now or in the
<br />future be defined by any federal, state, or local governmental agency or body through
<br />the PIPELINE on Licenser's property. Licensee agrees periodically to furnish Licensor
<br />with proof, satisfactory to Licensor that Licenses is in such compliance. Should Licensee
<br />not comply fully with the above-stated obligations of .this Section, notwithstanding
<br />anything contained in any other provision hereof, Licensor may, at its option, terminate
<br />this License by serving five {5) days' notice of termination upon Licensee. Upon
<br />termination, L"icensee shall remove the PIPELINE and restore Licensor's property as
<br />herein .elsewhere provided.
<br />4. in case of the eviction of Licenses by anyone awning or claiming title. to or any interest in
<br />the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor
<br />shall not be liable to refund Licensee any compensation paid hereunder, except for the
<br />pro-rate part of any recurring charge paid in advance, ar for any damage Licensee
<br />sustains in connection therewith.
<br />5. Any contractors at subcontractors ,performing work on the PIPELINE or entering the
<br />Premises an behalf of Licensee shall be deemed servants and agents of Licensee for
<br />purposes of thin License.
<br />l=arm 42d; Rev. 04l28f05
<br />_~_
<br />
|