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Law Department Approved Tracking #10 -41576
<br />PIPELINE LICENSE
<br />THIS LICENSE ( "License "), made as of the 14th day of January, 2011 ( "Effective Date ")
<br />by and between BNSF RAILWAY COMPANY, a Delaware corporation ( "Licensor ") and CITY
<br />OF LOUISVILLE, a Colorado corporation ( "Licensee ").
<br />NOW THEREFORE, in consideration of the mutual covenants contained herein, the
<br />parties agree to the following:
<br />GENERAL
<br />1. Licensor hereby grants Licensee a non - exclusive 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 application process (the
<br />"Drawings and Specifications "), one (1) Pipeline, twelve (12 ") inches in diameter inside a
<br />twenty -two (22 ") inch steel casing ( "PIPELINE "), across or along the rail corridor of
<br />Licensor at or near the station of Louisville , County of Boulder, State of Colorado, Line
<br />Segment 0476, Mile Post 20.78, as shown on the attached Drawing No. 1- 50271, dated
<br />October 18, 2010, attached hereto as Exhibit "A" and made a part hereof ( "Premises ").
<br />2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees,
<br />Licensees, easement beneficiaries or lien holders, if any, or interfere with the use of
<br />such improvements.
<br />3. Licensee shall use the Premises solely for construction and maintenance of a PIPELINE
<br />in accordance with the Drawings and Specifications carrying potable water. Licensee
<br />shall not use the PIPELINE to carry any other commodity or use the Premises for any
<br />other purpose.
<br />Licensee covenants that it will not handle or transport "hazardous waste" or "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 Licensor's property. Licensee agrees periodically to furnish Licensor
<br />with proof, satisfactory to Licensor that Licensee 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, Licensee shall remove the PIPELINE and restore Licensor's property as
<br />herein elsewhere provided.
<br />4. In case of the eviction of Licensee by anyone owning 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 -rata part of any recurring charge paid in advance, or for any damage Licensee
<br />sustains in connection therewith.
<br />5. Any contractors or subcontractors performing work on the PIPELINE or entering the
<br />Premises on behalf of Licensee shall be deemed servants and agents of Licensee for
<br />purposes of this License.
<br />Form 424; Rev. 04/26/05
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