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STORMWATER DISCHARGE AND PIPELINE LICENSE <br />THIS STORMWATER DISCHARGE AND .PIPELINE LICENSE ("License") is made to be effective <br />the day of 20 (the "Effective Date") by and between BNSF RAILWAY COMPANY, <br />a Delaware corporation ("Licensor") and CITY OF GEM LAKE, a Minnesota municipal corporation <br />("Licensee"). <br />RECITALS <br />A. Licensor is :in the railroad transportation business .and. owns or controls a system of rail <br />tracks and various real properties associated therewith (collectively, "Licensor's Right -of -Way"), including <br />certain .Premises as described below that Licensee desires to license from Licensor. <br />B. Pursuant to one. or more agreements. with Licensor, Minnesota: Commercial Railway <br />Company, a Minnesota corporation ("Operator") is the primary operating railroad over the portion of <br />Licensor's Right-of=Way in which the.: Premises are located. <br />C: Licensee desires to obtain a non-exclusive license for the discharge/drainage of storm <br />water from Licensee's adjacent property through a pipeline onto the Premises. <br />D. L.icensor desires to. grant such non-exclusive license to Licensee, subject to the.terms and <br />conditions of this License. <br />AGREEMENTS <br />In consideration of the mutual covenants contained herein, the. parties agree to the following: <br />GENERAL <br />Grant of License.. Licensor hereby grants Licensee a non-exclusive license, subject to.all rights, <br />interests, 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 below, to <br />construct and maintain for the benefit of Licensee's premises, in strict accordance: With the drawings <br />and specifications approved by' Licensor as part of Licensee's application process (the "Drawings <br />and Specifications"),. one (1) pipeline, 36 inches in diameter made. of reinforced concrete carrier <br />and related appurtenances (collectively, the. "Pipeline"), across. or along Licensors rail corridor at. <br />or near the City of Gem Lake, County of Ramsey, :State of Minnesota, Line Segment 0214, Mile <br />Post 7.85 as shown on the attached Drawing. No. 82973, dated 1011312021, attached: hereto as <br />Exhibit "A" and incorporated herein by reference (the. "Prerises"). This License is granted with <br />respect to and shall only :be used for the benefit of Licensee's premises or that portion thereof as <br />is identified in the portion of the Drawings and Specifications attached hereto as Exhibit "B" and <br />incorporated herein. by this reference (the "Project Area"). <br />Term. This License shall commence on the Effective Date and. shall continue for a period of twenty- <br />five (25) years, subject to prior termination, as hereinafter described. <br />Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's <br />existing. lessees, licensees, easement.:benef iaries or lied holders, if any, or interfere with the use, <br />repair, maintenance or replacement of such improvements. <br />4. Use of the Premises. Licensee shall use the Premises solely for .(i) removal of certain existing <br />pipelines .and restoration of the Premises affected thereby, .(H) construction, maintenance, :and use. <br />of the Pipeline in accordance with the Drawings and Specifications, and. .(iii).drainage-and discharge <br />of stormwater from the Project.Area through the Pipeline onto the Premises. The .Pipeline shall <br />Form .424; Rev..20190916 <br />