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2022 03-15 CC PACKET
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2022 03-15 CC PACKET
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1/8/2026 7:53:50 AM
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1/8/2026 7:49:53 AM
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Administration
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ADM 05000
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CITY COUNCIL PACKETS
Destruction
PERMANENT
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only carry stormwater discharged from the Project Area, and Licensee shall not use the Pipeline to <br />carry any other material or use the Premises .for any other purpose. <br />5. Alterations. Except as. set: forth in this. License, Licensee may not snake any alterations to the <br />Premises or permanently. affix .anything to .the Premises. or any buildings or other structures <br />adjacent to the Premises without Licensor'$ prior written consent. <br />6. License Fee, Licensee shall pay Licensor, prior to the. Effective Date; a one-time payment (in lieu <br />of recurring periodic fixed.license fees) in the. amount the.surn of One Hundred and No1100 Dollars <br />($100) as compensation for the use of: the Premises. <br />7. Costs and Expenses: <br />7..1 For the purpose of this License, "cost" or "costs'! and "expense" .or "expenses" Includes,. <br />but is not limited. to, actual labor and material costs including all assignable additives, and <br />material and supply costs. at: current value.where used. <br />8;. Payment -Terms. All invoices are due thirty (30) days after the date of invoice.. If licensee fails to <br />pay -any monies due to. Licensor or Operator, as applicable, within thirty (30) days after the invoice <br />date, then Licensee shall pay interest.on such unpaid sum from the due date until paid at an annual <br />rate.equal to the lesser of (]).the prime rate last. published in The Wall Street Journal in the preceding <br />December plus twoand one-half percent (2-112%), or (ii) the maximum .rate permitted by law. <br />LICENSOR'S RESERVED RIGHTS <br />Reseryed_Rights_af tJse. Licensor excepts and reserves the right; to be exercised by Licensor and <br />any other parties who may.obtain written permission or authority from Licensor:` <br />9:1 to maintain., use; operate, repair, replace, modify and relocate any utility, power or <br />communication pipe/lines/cables and appurtenances (other than the Pipeline) and other <br />facilities or structures of like character upon, over, under or across the Premises existing <br />:as of the Effective: Date; <br />9.2 to construct, maintain,. renew, use, operate, change, modify and relocate a.ny tracks or <br />additional facilities, structures and related appurtenances. upon, over; under or across the <br />Premises; or <br />9.3 to. use the Premises in any manner as Licensor in its sole discretion deems appropriate. <br />10. Right to Require Relocation. If at any time during. the term of this License, Licensor desires the <br />use of its rail corridor in such a manner as. would, in. Licensor's reasonableopinion, be interfered <br />with by the Pipeline or its drainage onto the Premises., Licensee shall, atits.sole.experise; within. <br />forty-five (45) days after receiving written notice from Licensor to such effect, make such changes <br />in the: Pipeline as: in the sole discretion of Licensor may be necessary to:.avoid interference with the <br />proposed use of Licenser's. rail corridor, including, without limitation, the relocation of the Pipeline; <br />or the:.constructlon of a new pipeline to replace the Pipeline. Notwithstanding the foregoing, <br />.Licensee agrees to make all emergency changes and. minor adjustments, as determined by <br />Licensor in its sole discretion, to the Pipeline promptly upon Licensor'$ request: <br />LICENSEE'S OPERATIONS <br />11. Construction and Maintenance of the Pipeline. <br />Form 424; Rev. 20190916 <br />
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