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Res 2006-020
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Res 2006-020
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Last modified
7/25/2006 3:10:18 PM
Creation date
7/25/2006 3:08:08 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-20
Date
2/7/2006
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 arise requmng 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 m connectIon with the constructIon, <br />mamtenance, repaIr and renewal and any and all modIfication, revision, relocation, removal or <br />reconstructIOn of the PipelIne, inc1udmg any and all expense which may be mcurred by the LIcensor m <br />connection therewIth for supervision, mspectIon, flagging, or otherwIse. <br /> <br />Section 5. <br /> <br />REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. <br /> <br />(a) The lIcense herein granted is subject to the needs and requirements of the Licensor in the <br />operatIOn of its railroad and in the Improvement and use of its property, and the Licensee shall, at the sole <br />expense of the Licensee, remforce the Pipeline, or move all or any portion of the Pipeline to such new <br />locatIon as the LIcensor may designate, whenever, m the furtherance of its needs and requuements, 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 Pipeline on <br />property of the LIcensor m the locatIOn herembefore described shall, so far as the Pipeline remams on the <br />property, apply to the PIpehne 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 PIpeline 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, contmuous and umnterrupted use of the tracks, property and <br />facihtIes 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 in business <br />mterruptIOn and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a <br />24-hour number) to determine 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 telecommunications 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 right 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, lIabIhty and expense whatsoever (including, 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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