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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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11.6 Licensee shall; at its sole cost and expense, construct and .maintain the Pipeline and <br />drainage onto the. Premises in such a manner and.:of such. material that the Pipeline and <br />drainage onto the Premises will not at any time endanger or interfere with (i) the existence <br />or use of present or future tracks,: roadbeds, or property of Licensor, �ii) the safe operation <br />and activities. of Licensor or existing third .parties, or (iii). the rights .or interests of third <br />parties. On or before expiration or termination of this License for any reason, Licensee <br />shall; at its sole cost and expense, surrender the Premises to Licensor pursuant to the <br />terms. and conditions set forth in Section 24 hereof. <br />11.7 the parties agree that Licensor has no duty or obligation to observe or inspect, or to Halt <br />work. on, the Pipeline, it being solely Licensee's responsibility to ensure that the Pipeline is <br />constructed. and maintained `in strict accordance with the Drawings. and Specifications and <br />in a safe and workmanlike manner in compliance withal lterms hereof. Neitherthe exercise <br />Of, nor the failure by Licensor to exercise, any right granted by this Section will alter in any <br />way the liability allocation provided by .this License. If at. any time. Licensee shall, in the <br />sole judgment of Licensor, fail to properly perform its obligations under this Section 11, <br />Licensor- may, at its option and at Licensee's sole expense, arrange for the performance of <br />:such work as it deems necessary for the safety of its operations and activities. Licensee <br />hereby grants Licensor a limited license to access and enter the Project Area for the <br />inspection or maintenance of the Pipeline as described above, Licensee shall promptly <br />reimburse Licensor for all costs and expenses of such work, pursuant to the. terms of <br />Section 8.. Licensor's failure to perform any obligations .of Licensee shall not alter the <br />liability allocation hereunder. <br />11.8 Licensee shall not seek, permit, allow, or otherwise cause an increase in the collection <br />area of or volume of discharge to, .through, or from the Pipeline without Licensors prior <br />written consent and approval.. Licensee shall further notify Licensor in writing.in advance <br />of any proposed change. in the: use or zoning of the Project. Area. <br />1`1.9 Continuing .Obligations. THE TERMS AND CONDITIONS CONTAINED 1N THIS <br />LICENSE, INCLUDING BUT NOT LIMITED TO LIMITATIONS ON THE USE AND <br />OPERATION OF THE PIPELINE AND ITS DISCHARGE, MAINTENANCE OF THE <br />PIPELINE, LEGAL AND ENVIRONMENTAL COMPLIANCE, AND. LIABILITY AND <br />INSURANCE, SHALL BE CONTINUING OBLIGATIONS OF BOTH LICENSEE AND <br />SUCCESSOR OWNERS OF THE PROJECT AREA PURSUANT TO .SECTION 29 <br />HEREIN. LICENSEE AGREES TO AND SHALL PROVIDE WRITTEN NOTICE TO <br />LICENSOR OF ANY CHANGES. IN OWNERSHIP, IN WHOLE OR IN PART, OF THE <br />PROJECT AREA AND SHALL REQUIRE ANY SUBSEQUENT OWNER OR OTHER <br />INTEREST HOLDER.(EXCLUDING LIENHOLDERS, EXCEPT FOR MORTGAGEES IN <br />POSSESSION) TO ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AS PART <br />OF ANY TRANSFER OF OWNERSHIP. LICENSOR SHALL APPROVE ANY <br />ASSIGNMENT OF THIS LICENSE IN ACCORDANCE WITH SECTION 26. LICENSEE <br />AGREES THAT THE TERMS AND CONDITIONS OF THIS LICENSE SHALL INURE TO <br />THE BENEFIT OF AND BECOME COVENANTS UPON THE PROJECT AREA AS <br />PROVIDED BY SECTION 29 WHICH SHALL RUN WITH THE PROJECT AREA FOR <br />THE TERM OF THIS LICENSE AND FOR SUCH EXTENDED TERM AS ANY <br />CONTINUING OBLIGATION MAY EXIST FOLLOWING TERMINATION. <br />12. Boring and Excavation. <br />12,1 <br />12.8 No wells shall .be installed without prior written approval. from Licensor. <br />LIABILITY AND INSURANCE <br />Form 4M; Rev. 20190916 <br />
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