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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 Licenseedesires 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-ofMay in which the Premises are located,
<br />C. Licensee desires to obtain a non-exclusive license for the discharge/drainage of storm
<br />water frorn Licensee's adjacent property through a "pipeline onto the Premises.
<br />D. Licensor 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 />1. 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 encurribrances, end upon the terms and conditions set forth below, to
<br />construct and maintain forthe benefit oflicensee'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 madeof reinforced concrete carrier
<br />and related. appurtenances (collectively, the: "Pipeline"), across. or along Licensor's 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 1 Q11312021, attached hereto as
<br />Exhibit "A" and incorporated: herein.by reference (the "Premises"). 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.beneficiaries or lien holders, .if any, or interfere with the. use,
<br />repair, maintenance or replacement of such improvements..
<br />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; (6) cod struction,: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. 2019001.6
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