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Res 2006-005
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Res 2006-005
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Last modified
7/25/2006 11:02:26 AM
Creation date
7/25/2006 10:59:36 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-5
Date
1/17/2006
Volume Book
165
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<br />I <br /> <br />I <br /> <br />I <br /> <br />PL X 980112 <br />Form Approved, A VP-Law <br /> <br />Section 3. <br /> <br />NOTICE OF COMMENCEMENT OF WORK. <br /> <br />If an emergency should anse requlflng ImmedIate attentIon, the LIcensee shall provide as much notIce as <br />practIcable to LIcensor before commencmg any work. In all other SItuatIons, the LIcensee shall notIfy the <br />LIcensor at least ten (10) days (or such other time as the LIcensor may allow) in advance of the <br />commencement of any work upon property of the Licensor m connectIon wIth the construction, <br />mamtenance, repair, renewal, modIficatIOn, reconstructIOn, relocatIon or removal of the Pipeline. All <br />such work shall be prosecuted dilIgently to completion. <br /> <br />Section 4. <br /> <br />LICENSEE TO BEAR ENTIRE EXPENSE. <br /> <br />The LIcensee shall bear the entIre cost and expense mcurred In connection WIth the constructIon, <br />mamtenance, repaIr and renewal and any and all modIficatIon, reVISIOn, relocation, removal or <br />reconstructIon of the PIpelIne, mcludmg any and all expense which may be mcurred by the LIcensor m <br />connectIOn thereWIth for supervISIOn, mspectIon, flaggmg, or otherwIse. <br /> <br />Section 5. <br /> <br />REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. <br /> <br />(a) The lIcense herem granted IS subJect to the needs and reqUIrements of the Licensor m the <br />operatIon of ItS railroad and m the Improvement and use of ItS property, and the LIcensee shall, at the sole <br />expense of the LIcensee, remforce the Pipelme, or move all or any portion of the PIpeline to such new <br />locatIon as the LIcensor may deSIgnate, whenever, in the furtherance of ItS needs and requirements, the <br />LIcensor shall find such actIon necessary or desirable. <br /> <br />(b) All the terms, condItIons and stIpulations herem expressed with reference to the Pipelme on <br />property of the LIcensor m the locatIon herembefore described shall, so far as the Pipelme remams on the <br />property, apply to the PIpelIne as modIfied, changed or relocated within the contemplatIon of thIS sectIOn. <br /> <br />Section 6. <br /> <br />NO INTERFERENCE WITH LICENSOR'S OPERATION. <br /> <br />The PIpelme and all parts thereof wIthm and outSIde of the limIts of the property of the Licensor shall be <br />constructed and, at all tImes, mamtamed, repaIred, renewed and operated In such manner as to cause no <br />mterference whatsoever WIth the constant, contInUOUS and uninterrupted use of the tracks, property and <br />facilItIes of the LIcensor, and nothmg shall be done or suffered to be done by the LIcensee at any tIme that <br />would m any manner Impair the safety thereof. <br /> <br />Section 7. <br /> <br />PROTECTION OF FIBER OPTIC CABLE SYSTEMS. <br /> <br />(a) Fiber optIc cable systems may be buned on the LIcensor's property. ProtectIOn of the fiber optIc <br />cable systems is of extreme Importance since any break could disrupt service to users resultIng m busmess <br />mterruptIon and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a <br />24-hour number) to determme if fiber optIc cable IS buned anywhere on the LIcensor's premIses to be <br />used by the LIcensee. If It IS, LIcensee will telephone the telecommumcatIons company(ies) mvolved, <br />arrange for a cable locator, make arrangements for relocatIOn or other protectIOn of the fiber optIc cable, <br />all at LIcensees expense, and will commence no work on the nght of way until all such protectIOn or <br />relocatIon has been accomplIshed. Licensee shall mdemmfy and hold the LIcensor harmless from and <br />agamst all costs, lIabilIty and expense whatsoever (includmg, WIthout limitatIon, attorneys' fees, court <br />costs and expenses) ansmg out of or caused m any way by LIcensee's faIlure to comply with the <br />proVISIOns of thIS paragraph. <br /> <br />plx,exb <br /> <br />Exhibit B <br />
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