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6
<br /> Tracking#16-55547
<br /> PIPELINE LICENSE
<br /> - - - ��2017, Date")by
<br /> THIS PIPELINE LICENSE("License")is made to be effective L--- ') and (the"Effective OF EVEREe ) a
<br /> and between BNSF RAILWAY COMPANY, a Delaware corporation (
<br /> Washington municipal corporation("Licensee"). agree to the following:
<br /> In consideration of the mutual covenants contained herein,the parties
<br /> GE.__-NERAL
<br /> t gfJJcense. Licensor hereby grants Licensee oan non-exclusive
<br /> license,use ,subjeeaseme rights,
<br /> interests,
<br /> n er s s,and
<br /> 1 Gran
<br /> encum a cethirdand parties,pincluding, without limitation, Y r
<br /> to construct and maintain, in strict
<br /> ther
<br /> and specifications approved by Licensor as part of Licensee's applicationSO n
<br /> encumbrances, upon the terms and conditions set forth below,
<br /> accordanceewith the drawings a 12 inch diameter duct iron pip
<br /> process(the"Drawings and Specifications"),three(3)pipelines,eine'„),across or along Licensor's rail corridor
<br /> pipe collectively,the"Pip Mile Post
<br /> at or nearer and a 36to inch of diameter steel ( ,i „
<br /> 67465,dated July 29,2016,attached hereto as Exhibit.--A and
<br /> at or the station Everett, County of Snohomish, State of Washington, Line Segment 00 ,
<br /> 34 28 as shown on the attached Drawing No.
<br /> incorporated herein by reference(the"Premises"). five 25
<br /> 2. Term. This
<br /> License shall commence on the Effective Date and shall continue for a period of twenty- ( )
<br /> years,subject to prior termination as hereinafter described.improvements of Licensor or Licenser's existing
<br /> 3. lessees,
<br /> eas. Licensee shall not dinthrbol any ' P
<br /> res licensees,easement beneficiaries or lien holders,if any,or interfere with the use,repair,maintenance
<br /> fess ,
<br /> or replacement of such improvements.
<br /> ot, an use
<br /> and
<br /> he-Premises. Licensee shall use the Premis�cationsolely
<br /> s.for
<br /> The Pipeline shallcarrype' and us�Se the
<br /> 4. Use of other perp
<br /> License ins accordance with the Drawings and Specifications.
<br /> or use the Premises for any
<br /> Licensee shall not use the Pipeline to carry any not make any alterations to the Premises or
<br /> m
<br /> 5. LkItpermanently
<br /> ns Except setforthin thismLicense, Licensees oy
<br /> affix anything to the Premises or any buildings or other structures adjacent to the Premises without
<br /> Licensor's prior written consent.
<br /> GQMPENSATION
<br /> ee. Licensee shall pay Licensor,prior to the Effective Date,the sum of Ten Thousand,Eight Hundre
<br /> d
<br /> and No110.._0 Dollars($10,800)
<br /> 6. aicence e_ as compensation for the use of the Premises.
<br /> 7. Costs and Exlenses.
<br /> 7.1 For the purpose of this License, "cost" or "costs” and "expense" or"expenses" includes, but is not
<br /> limited to, actual labor and material costs including all assignable additives, and material and supply
<br /> ►erne
<br /> costs at current value where used.
<br /> Licensee agrees to reimburse Licensor(pursuant to the terms of Section 8 below)for all costs and
<br /> 7 2 expenses of the of Lor the icensor's
<br /> nincurred ay Cleaner inthe Pipeline, includingW but not limited to the furnishing services and
<br /> construction and maintenance ofc ore Pipeline,
<br /> o her ss and anyorevehicle rental tLicenser,whs incurred. en deemed necessary by Licensor's representative.hour basic
<br /> Flagginggg safety costs shallaren proved by a for at least an eight(8)
<br /> include,but not be limited to,the following: pay vacation
<br /> railway and unemployment insurance; public liability and
<br /> day with time and one-half or double time for overtime,rest days and holidays(as applicable);
<br /> property paid
<br /> ma holidays
<br /> sur nase applicable);e
<br /> lodging and
<br /> property damage insurance; health and welfare benefits; transportation; meals;
<br /> labor or collective bargaining agreements and
<br /> ratest in effect changes
<br /> authorized
<br /> Negotiations e for railway in rates. Flagging
<br /> at
<br /> the time
<br /> of performanceby appropriate Federalhfflaggers
<br /> iwill beau ed to calculate the flagging costs pursuant to this
<br /> the time by the Hgg
<br /> Section 7-
<br /> .. on44nnRn1
<br />
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