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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..BNSP 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 />#racks and various real properties associated therewith (collectively, "Licensor's.Rig ht,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 />Licensees Right -of -Way in which the Premises are located. <br />C, Licensee desires to obtain. a non-exclusive license far the dischargeldrainage of storm <br />water from. Licensee's adjacent property through.a pipeline onto the Premises. <br />D, .Licensor desires to grant such nonexclusive license to Licensee, subject to the terms and <br />conditions..of this License. <br />AGREEMENTS <br />Inconsideration 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, anyleases, use rights, <br />easements, liens, or other encumb.rances,. and upon the terms and conditions set forth below; to <br />construct and maintain for the. benefit of Liicensee'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 Licensees 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 10/13/2021, attached hereto as <br />Exhibit "A" and incorporated herein by reference (the "Premises"). This License is granted with <br />respect to and shall onlybe 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 />2. Term. This License shall commence on the Effective Date and shall continue fora period of twenty- <br />five (25) years, subject to prior termination as hereinafter described. <br />3. Existing Improvements. Licensee. shall not disturb any improvements of Licensor or Licensors <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 />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, (ii) 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 />Form424; R&.20190916 <br />