|
Approved
<br /> by VP Law 1 2 02-24551
<br /> PIPELINE LICENSE
<br /> THIS LICENSE ("License"), made as of the day of , 2003,
<br /> ("Effective Date") by and between THE BURLINGTON NORTHERN AND SANTA FE
<br /> RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF EVERETT, a
<br /> Washington municipal corporation ("Licensee").
<br /> NOW THEREFORE, in consideration of the mutual covenants contained herein, the
<br /> parties agree to the following:
<br /> GENERAL
<br /> 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests,
<br /> and estates of third parties, including, without limitation, any leases, licenses,
<br /> easements, liens, or other encumbrances, and upon the terms and conditions set forth
<br /> below, to construct and maintain, in strict accordance with the drawings and
<br /> specifications approved by Licensor as part of Licensee's application process (the
<br /> "Drawings and Specifications"), one (1) PIPELINE(s), forty-two (42) inches in diameter
<br /> inside a sixty-six (66) inch steel casing ("PIPELINE"), across or along the rail corridor of
<br /> Licensor at or near the station of Everett, County of Snohomish, State of Washington,
<br /> Line Segment 0050, Mile Post 2.15 as shown on the attached Drawing No. 1-29642,
<br /> dated 12/19/2002, attached hereto as Exhibit "A" and made a part hereof ("Premises").
<br /> 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees,
<br /> licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such
<br /> improvements.
<br /> 3. Licensee shall use the Premises solely for construction and maintenance of a PIPELINE
<br /> in accordance with the Drawings and Specifications carrying non-potable water.
<br /> Licensee shall not use the PIPELINE to carry any other commodity or use the Premises
<br /> for any other purpose.
<br /> (a) Licensee covenants that it will not handle or transport "hazardous waste" or
<br /> "hazardous substances", as "hazardous waste" and "hazardous substances"
<br /> may now or in the future be defined by any federal, state, or local governmental
<br /> agency or body through the PIPELINE on Licensor's property. Licensee agrees
<br /> periodically to furnish Licensor with proof, satisfactory to Licensor, that Licensee
<br /> is in such compliance. Should Licensee not comply fully with the above-stated
<br /> obligations of this Section, notwithstanding anything contained in any other
<br /> provision hereof, Licensor may, at its option, terminate this License by serving
<br /> five (5) days' notice of termination upon Licensee. Upon termination, Licensee
<br /> shall remove the PIPELINE and restore Licensor's property as herein elsewhere
<br /> provided.
<br /> 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest
<br /> in the Premises, or by the abandonment by Licensor of the affected rail corridor,
<br /> Licensor shall not be liable to refund Licensee any compensation paid hereunder,
<br /> except for the pro-rata part of any recurring charge paid in advance, or for any damage
<br /> Licensee sustains in connection therewith.
<br /> l 3 1 of 15 Form 424; Rev. 11/19/02
<br />
|