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2022 12-20 CC PACKET
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2022 12-20 CC PACKET
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1/8/2026 8:37:43 AM
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1/8/2026 8:31:52 AM
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ADM 05000
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CITY COUNCIL PACKETS
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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 />Alterations. Except as set forth in this License, Licensee may not make 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's 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 sum. of .one thousand two hundred fifty <br />and .Nol100 Dollars ($1,250..00) as compensation for the .use of the Premises. <br />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 vatue where used. <br />7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all <br />costs and expenses incurred by Licensor in connection with Licensee'suseof the Premises <br />or the presence, constructfon and maintenance of the Pipeline,_ including but not limited to <br />the furnishing of Licensor's, flaggers and. any vehicle rental costs incurred, inspection <br />:coordination, safety., mobilization and/or other observation services described. in this <br />License (collectively, the "Services"),. Licensee shall. bear the. cost of the Services, when <br />deemed necessary by Licen.sor's.representative. Flagging costs shall include, but. not be <br />limited to, the following: pay for at least an eight (8) hour basic day with time: and one-half <br />or double time for overtime,: rest days and holidays (as applicable); vacation allowance; <br />paid holidays (as applicable); railway.and unemployment insurance; public iiability and <br />property da mage. insurance; health and welfare benefits;. transportation; meals; lodging <br />and supervision:. Negotiations. for railway labor or collective bargaining agreements and <br />rate changes authorized by appropriate. Federal authorities may increase flagging. rates. <br />Flagging: rates in effect at the time of performance by the: flaggers will be..used: to calculate <br />the flagging costs pursuant to this Section T. <br />7.3 Licensor, at its sole discretion, may elect to designate. one or more third parties (each, a <br />"Scheduling Agent"), to perform and/or arrange'for the performance of all .or a portion of <br />the: Services. At the Effective Date, License designates Operator as. its Scheduling.Agent <br />for all flagging Services. Ali .costs for flagging .Services .will bebilled to. Licensee by <br />Operator. <br />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 (i) the prime rate last.published in The Wall Street Journal in the preceding <br />,December plus two and one-half percent (2-112%), or (ii) the maximum rate permitted bylaw. <br />LICENSOR'S RESERVED RIGHTS <br />9. Reserved.Rights of Use. 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 pipellineslcables 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 />Form 424; Rev. 20190916 <br />
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