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ORIG
Contract No. '~"" .~i y ~) -
PIPE LINE AGREEMENT
THIS AGREEMENT, made this ~t · day of N~h~ , 19 ~0 , by
~d between MONON R~LRO~, a co~oration~ herein~ter cMled "Railroad," party of the first part,
whose address is' C[l~"llie[.. [,t4~mwm , hereinafter
(whether one or more persons or corporations) called "Licensee," part}' of the second part,
~TNESSETH: That for ~d in consideration o~ the coven~ts ~d ~reements hereinMter contained
to be kept ~d perto~ed by Licensee. the Railroad hereby grits (but only to the e~ent of its right,
title ~d interest in the premises ~fected) ~to Licensee a license ~o construct, ~erate, mMntMn,
repair ~d renew 1~~ ~ter m~- e.am~ in ~6~ ~ ~ ~o~ ~ ~pe-~mt~a~
at ~le Post ~6~, 9
, hereinafter called "pipe line," under and across the right of way'and tracks or land of
the Railroad at its Survey Station NoJ~k~'~ , situated at or near _C~tl~t~
Station. 'in the County of ~Ll~ll~/~ and State ot Indiana, for the purpose of conveying ~
· which said license, unless sooner terminated tn a manner
hereinafter provided, is for the term of ~ , commencing on the ~ day of ~ _~i~%~ ,
19 ~(~, and thereafter from year to year until terminated by any party or parties hereto by giving the
other party or parties hereto notice in writing of election to terminate at least ninety (90) days prior to
the end of any such yearly period.
IN CONSIDERATION OF SAID GRANT LICENSEE COVENANTS AND AGREES WITH THE RAILROAD
AS FOLLOWS:
1. The authorized location of said pipe line [unless and until changed as hereinafter provided)ds
indicated on the print attached hereto, identified by the signature of an authorized representative of the
Railroad, and hereby made a part hereof. Said pipe line shal~ b~ used by Licensee for the conveyance
of the liquid, gas or 6ther substance above stated, and for no other purpose whatsoever without the
written permission of the Railroad. Any pipe, culvert, box or other facility which encases, cove'rs,
supports or protects the pipe, tile, line, sewer or other conduit provided for the actual conveyance of
liquid, gas or other substance, and all other facilities and equipment which are auxiliary or appurtenant
to such pipe, tile, line, sewer or other 'conduit, shall be deemed a part of said'pipe line for the purposes
of this.agreement, and shall be subject to the terms and conditions.hereof. Licensee shall p~ocure all
necessary public authority for the exercise of the license herein granted, and shall, upon request,
furnisk the Railroad with a duly certified copy thereof.
2. Licensee agrees to pay the Railroad the sum c~
($ ~,00 ) upon the execution of this agreement, and a rental of ~ . ~ _ ~ ;-",'~Dollars
/,
($ ! ~, 00) per ~ pa~able in advance, on the 1St day :of [N0ve~be~'
each ~ durin~ the cont~nu~e of the license herein ~r~ted. 'Licensee ~reestopay
t~es ~d ~sessments levied ~6n or assessed or e~ended ~ainst or on account of sEd pipe line, ~d
~rees that if the R~lroad for ~y reason whatsoever sh~l pay or be required to pay ~y such t~$s or
assessments, Licensee will reimburse the E~1road therefor Within twenty (20) days ~ter rendition of
bill. Licensee ~rees that he will not, by Ey act or omission, cause or s~fer Ey lien ~ ~y kind to .
attach to the premises of the RElroad; that he ~11 promptly cause Ey lien which may attach to said
'premises ~ reason of ~y act or ~ission on his part robe fully r~oved ~d released; ~d that if the
Railroad for ~y reason whatsoever shall pay off or be r~quired to pay off ~y such lien, Licensee will
reim~rse the Railroad for all' costs ~d e~ense so incurred ~ the Railroad within twenty (20) days
Mter rendition of bill therefor.
$. Licensee sh~l construcl said pipe line in accord~ce with plus approved by the Railroad.
S~d pipe line shall be o~ ~e kind ~d character of materi~ specified herein, ~ ~d to the e~ent ~hat
~y Such .specification is made herein; ~d, in ~y event, s~d pipe line sh~l be comprised of materl~
or materi~s which are good ~d sufficient, ~d sh~l be so constructed, operated,.m~nt~ned ~d kept
by Licensee that ~y ~d ~1 tracks, driveways, structures ~d other facilities above, or in the ~cinliy
thereof will not in ~y wise be rendered insecure or ~s~e. Unless othe~ise specified herein, said
pipe line sh~l be so l~d that the't~ of ~1 pa~s thereof sh~1 be at least three (3) feet below the sur-
face of the ground at ~1 points (including ditches, ii ~y) on the premises of the Railroad, ~d at least
four (4) feet below the bottom of the ties in
no[ified by the Railro~ so to do, Licensee sh~l provide a stop v~ve or st~ v~ves in said pipe line,
or in ~y e~ension thereof beyond the premises of the R~lroad.
.4;.~ Licensee ~rees that he will m~n~'ain ~d keep s~d pipe line, ~d '~y extension thereof beyond
the premises of the Railroad, in good, s~e ~d s~ficient co~dition; ~d that he will construct, operate,
m~ntain, keep, repMr ~d renew' said pipe linein conformity with M1 laws ~d ordin~ces ~d ~1 ~les,
regulations ~d orders of public authorities applicable thereto. Licensee ~rees tha~ he will give the
Chief Engineer or division engineer of the RMlroad at least five (5) days' ff0tice in writing of Licensee's
intention ~o. perform ~y construction, m~nten~ce, rep~r, renewS, ~teration, relocation, ~removM
or other Work on or with respect to said pipe line, ~d will m~e arr~gements therefor with the R~I-
road; provided, however, that in the event it bec~es necessary to give emergency attention or m~e
emergency repots to said..pipe line, Licensee sh~l giye representatives of:the Railroad who may be
avMlable or c~ be located such notice astime ~d the nature 0f ihe emergency permit. Licensee ~rees
that he will exercise the greatest care in performing construction, inspection, m~n~en~ce, repair,
renewS, ~[eration, relocation, remov~ or other work on or with respect to s~d pipe line, or ~y
extension thereof beyond the premises of the R~lroad; ~hai he will perform M1 such work in a m~ner
which will.not end,get the operation or s~ety of locomotives, trains, cars or other rol]i~g,equipm~nt,
or the security .or s~ety of ~y tracks, driveways, structures or other facilities-above or .~n thee v~lcinity
of said pipe line;.~ that he ~1. pe~orm M1 such work in such ~anner,'co{sisten~ ~h s~ety ~ ~ill
cause the ~east inte?fe~ence ~th~ the use of ~y tracks, driveways structures or Other facilitie~ on the
pr~m{s~s of' {h~ R~r0~d~ th{i' he' ~wiil~:fill ~d thoro~hly ~P Ml'ir~hches ~d holes which may be
dug on the premises of the R~lroad in connection ~th ~y such work; that he will replace or restore,
to the satisfaction of the R~lroad, ~y ~d ~1 prope~y of the Railroad ~d other property up.on its
premises which may be disturbed or dam~ed in the perfo~ce of ~y such work, ~d will leave
said premises in a neat ~d clean condition; that he will m~nt~n ~d ke~ ~l'soil or other materi~
over said p~pe line thoroughly compacted ~d lhe grade even ~th the adjacent surface of the gro~d;
~d that he will perform ~1 work above meniioned, ~d ~y ~d M1 other work .contemplated or required
herein to be pe~0rmed by him, at his own e~ense.
5. If, in the judgment of the Railroad, ~y construction, mainien~ce, repair, renewal, Mte~ation,
. relocation, remov~ or other $or~ on or ~th respect to ~aid pipe line shall m~e it necessary or. desir-
able for the Railroad to have ~ e~ineer or other representative on h~d, or to provide a wa~chm~ or
watchmen
p~ovide suppo~ for tracks, driveways, structures or other facilities, or to do ~y other work on or
in the vicinity of its premises, Licensee sh~l reimburse the Railroad for M1 costs ~d e~ense so
incurred by the R~lroad within twenly (20) days ~ter rendition of bill therefor; ~enever In the
Judgment of the Railroad, it sh~l be necessary or desirable lo give emergency attention or m~e
emergency repairs to s~id pipe line, or to ~y e~ension thereof beyond the premises of the R~lroad,
in order to prevent injury to persons or d~e to p~eriy, ~d, In its Judgment, the circumst~ces
do n0~ permit the giving of notice to Licensee, the R~lroad shall have the right, if It so elects, to give
such attention or m~e such repairs at the e~ense of Licensee; ~d Licensee ~rees to reimburse
the Railroad for M1 costs ~d e~ense so incurred by the Railroad within twenty (20) days Mter rendition
of bill therefor~
· · 6. It .is..~.. }/'sto0d and agreed that the Railroad reserves the right to~ ire ~ny'~nd ail change~
which it may oeem necessary or desirable in its business and operation, and in the line, grade, tracks,
number of franks, driveways, structures and other fanilities on its premises at and in the vicinity of
said pipe line, and to make, and to authorize others to make, such use of said premises as it may de-
.sire. In the event of any such change or proposed change on or in the use of said premises, Licensee
shall, upon notice from the Railro~{d so to do, ~md within such time as the Railroad shall gpeeify,
make such changes in said pipe line as may be necessary to make it conform, in its relation to the
change made or to be made on or in the use of said premises of the Railroad, with the terms and
eonditioas hereof. If Licensee shall fail to make such changes in said pipe line within the time specified
by the Railroad, the Railroad shall have the right, if it so elects, to inake such changes in said pipe
line at' the expense of Licensee; and Licensee agrees to reimburse the Railroad for all costs and
expense so incurred by it within twenty (20) days after rendition of bill therefor. Whe. n~ver, in the Judg-
ment of the Railroad, the existence or operation of said pipe line shall unreasonably interfere with any
change or proposed change in its business or operation, or in the line, grade, tracks, number of tracks,
driveways, structures or 6ther facilities on said premises of.the Railroad, or with the use or any
proposed use of said premises, and, in the Judgment of the Railroad, sueli interference cannot be
avoided by raising or lowering, or by making other changes in, said pipe line, the Railroad will endeavor
to provide another nearby and suitable location onits premises for said pipe line; but if, in the Judgment
6f the Railroad, such other location cannot be provided, the Railroad shall have the right, anything
herein to the contrary notwithstanding, to terminate this license by giving Licensee thirty (30) days'
notice in writing of the Railroad's election so to do. If the Railroad shall provide another location on
its premises for said pipe line, Licensee shall, upon notice from the Railroad so to do, and within such
time as the Railroad shall specify, relocate said pipe line at such new location and make it conform,
in its relation to such new location, with the terms and conditions hereof; and the terms and conditions
of this agreement shall apply to said pipe line at such new location as fully and with the same effect
as if such new location were the original location.
7. Licensee. hereby assumes all risk of damage to, and interference with the operation of, said
pipe line, and any extension thereof beyond the premises of the Railroad, and of any consequent loss
of liquid, gas or other substance from said pipe line, or from any such extension, which may be caused,
directly or indirectly, by (a) the operation of locomotives, trains, cars or other rolling equipment by
th'e Railroad, or by others on its premises, (b) any derailment, wreck or other accident involving any
such locomotive, train, car or equipment~ or (c) construction, inspection, maintenance, repair, renewal
or other work conducted on or about said premises by or for the Railroad. Licensee agrees that he will
protect, indemnify and save harmless the Railroad, and its successors and assigns, from and against
any and all loss, damage, costs, expense, settlements, Judgments, decrees, awards and claims of every
kind and character arising from or growing out of, directly or indirectly, (a) the construction, existence,
condition, use, operation, inspection, maintenance, repair, renewal, alteration, relocation or removal
of said pipe line, or of any extensinnthereof beyond the premises of the Railroad, (b) injury to Licensee,
or to any of his.agents or employes, while on or about the premises of the Railroad for or in connection
with any of the above-mentioned work or matters, (c) any death resulting from any such injury, (d) any
act or omission of Licensee, h~s agents or employes, incident to or connected with any of the above-
mentiohed work or matters, (e) any failure of, or break or defect in, said pipe line, or any extension
thereof beyond the premise's Of .the Railroad, (f) any liquid, gas or other substance which may in
any manner, or from any cause whatsoever, leak, escape, seep, flow or be ~arried from said pipe line,
or from any extension thereof beyond the premises of the Railroad, or (g) the violation by Licensee,
or by any of his agents or employes, of any term or provision of this agreement. The foregoing pro-
visions of this paragraph shall apply regardless of any negligence of the Railroad, its successors or
assigns.
8. In case of non-payment of rental or of any other money payable by Licensee to the Railroad
under any of the terms hereof for thirty (30) days after it becomes due, or in case of default by Licensee
in any of the other covenants or agreements of Licensee herein contained and the continuance of such
default for a period of thirty (30)days aft~gr notice in writing thereof is given by the Railroad to Licensee,
the Railroad may terminate thts license instanter by giving Licensee written notice of the Railroad's
election-so to do, and immediately upon the giving of such notice this license shall terminate.
9. Any written notice or other communication which the Railroad may desire to give to Licensee
under any of the terms or provisions of this agreement, or with respect to said pipe line, may be
delivered to Licensee, or to any agent or employe of Licensee at the address set out above or at any
other place where Licensee -may have an office or reside, or may be deposited in the United States
mail, postage prepaid, addressed to Licensee at the address set out herein or at any other address at
which Licensee may receive mall. If such notice or communication is given by mall, it shall be con-
sidered as delivered to Licensee. on the first business day after it is deposited in the United States mail.
10. Licensee agrees that upon the termination Of this license, regardless of how the termination
shall occur, Licensee will remove said pipe line from the premises of the Railroad and restore sai~"
pr~mises .within ten (10) days after such termina~ion. If Licensee shall fail to remove said pipe line
and restm'e said premises within saldtime, theRallroad shall have the right, at the expense of Licensee,
to disconnect said pipe line at any point or points on or near its premises, and to remove, destroy or
otherwise dispose of the materials comprising said pipe line, and to restore its premises; and.Licensee
agrees that he will reimburse the Rallr.oad for all costs .2~..d expense so incurred by it within twenty (20)
days after rendition of bill therefor. · ":: :: ...' . . "
11 Nothing in ·this agreement shall I~e construed as giving Licensee any right, title or interest
in or to the Premises of Abe Railroad, it being understood and agreed that the gr~nt herein contained
shall be and remafn'a'licens& terminable as here~n provided.
· 112. ' Any waiver at any time by the Railroad of any breach of any covenant o~ agreement of Lic'ensee
· herein~ contained Shall extend only to the particular breach so waived, and shall not extend to or be
taken t0.:'affect, any other br subsequent breach of that or of any other covenant or agreement herein
13. I~{ the event that Licensee embraces two or more persons or c0rporafions, the covenants and
agreements of the Licensee herein contained shall be the Joint and several obHgafions of each of such
persons or corporations.
14. This agreement shall inure to a~d be binding upon the successors and assigns of the Railroad,.
owners or Operators of the premises of the Railroad on which said pipe line is ~ocafed..This agreement
shall also inure to and be binding upon the heirs, executors, administrators, legal representatives,
successors .and assigns of the Licehsee, including the ow.nets on oc.cupants of any premises, served by
said pipe line, or b~ '~n~ :e~tensio{ theffeof;b'ey0nd 'the Premise'~} ofI ~ie' kaii'{~d;' an~ ai~o in~li{din~ 'the
owners .'0¥ operators, iofi a~ {p.lant~. facilities, or sy~stem Of whi¢li eaid~pipe:lihe.may, be.apart or with
which said pipe line may be connected; provided, however, that any ~ssignment of this agreement by
Lldens~e:: made withoug: the written consent of the Railroad shall not be binding upon the Railroad.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above
written.
ATTEST: . .'.~ { ..~
ATTEST:
(If Licensee Is A Corporation)
Secretary
By
TOWN. OF RMEI, ..
2~resident,' Board'of Trustees {~1t;1~}
APPROVED:
Operating O~ .
Tr~fic Departmen{
Witnesses to execution by Licensee:
.Address ./~g] i'~ ~. /~/, ~7~
Address