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2022 09-12 CC PACKET
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2022 09-12 CC PACKET
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1/8/2026 8:23:31 AM
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1/8/2026 8:17:23 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. Pre..mises 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: The construction of the Pipeline shall be completed within one (1) year of the <br />Effective Date, and .any subsequent maintenance shall be completed within one (1) year <br />of initiation. Within. fifteen.(15) days after completion of the construction the Pipeline or <br />the. performance of any subsequent maintenance thereon, Licensee shall, at Licensee's <br />own cost and expense, restore the. Premises to substantially their state as of the Effective <br />Date, unless otherwise.app roved in advance by Licensor in writing. On or before expiration. <br />.or termination of this License for any reason, Licens.ee.shall, at its sole cost:and expense, <br />surrender the Premises to. Licensor .pursuant..tothe terms and conditions set forth in <br />Section 24 hereof. <br />11.7 Licensor may .direct one or more of.its field engineers or inspectors to observe or inspect <br />the construction and/or maintenance of the Pipeline at any time for compliance. with the <br />terms. and conditionsof this License, the. Drawings and Specifications, and. Legal <br />Requirements (defined below), Licensee shall reimburse Licensor for the cost of such <br />observation or inspection related services: pursuant to Section 7 and Section 8. If ordered <br />at any to halt construction or maintenance of the Pipeline by Licensor's. personnel due <br />to non-compliance with .the Drawings and S pecifications. or any other hazardous condition, <br />Licensee shall. immediately do so. Notwithstanding the foregoing right of Licensor, the <br />Parties agree that Licensor.has..no duty or obligation to observe or inspect, or to halt work <br />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 With all terms hereof. Neither the 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. far 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 causean increase in. the collection <br />area of or volume of discharge to, through, or from the Pipeline without Licensor's .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 />11.9 Continuing Obligations.. THE TERMS AND CONDITIONS CONTAINED .IN 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 />P1PELIINE, 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 />Form 424; Rev. 20190916 <br />
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