HomeMy WebLinkAboutCSX/ Pipeline/Carmel (4)
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war <;:ampany.therefor within twenty (20) days after rendition of 'bilL Licensee agrees that he will not, by any act or
omISSion, c~use o~ suffer any lien of any kind to attach to the premi:ies of the Railway Company; that he will promptly
cause any hen w~lch may ~ttach to said premises by reason of 'al)Y act or omission on his part to'pe'fully removed and.re-
le~sed; and. that. 1f the Rallwa~ Company for any reason whatsoever shall pay. off or be required to payoff. any such hen,
LIcensee WIll reImburse ~~e Rallw.ay Company for .all costs and expense so incurred by the Railway Company within.twen-
ty (20) days after renditIon of btll theref?r.. . . "
. 3. Licensee sha.lr construct said pipe line in accordance with plans approved hy the Railway Company. Said pipe
hne shall be of the kl11d and character of material specified hercin, if and to the extent that any such specification is made
herein; and, in any event, said ~ipe.line shall be comprised of material or mlaterials which are good and sufficient, and shall
be 50 constructed, operated, mal11tal11ed and kept by Licensee that any and' all tracks, driveways, structures and other
facilities above or in the vicinity thereof will not in any wise be rendered 'insecure or unsafe. Unless otherwise specified
herein, said pipe line shall be'so laid that the top of all parts thereof shall be at least three' (3) feet below the surface of
the ground at all points (including ditches, if any) on the premises of the Railway Company, and at least four (4) feet
below the bottom of the ties in any track on said premises. If at any time Licensee is notified by the Railway Company
so to do, Licensee shall provide a stop valve or stop valves in said pipe line, or in any extension thereof beyond the premc
ises of the Railway Company.
4. Licensee agrees that he will .maintain and keep said pipe line, and any extension thereof beyond the premises
of the Railway Company, in good, safe and sufficient condition; and that he will construct, operate, maintain, keep, re-,
pair and renew said pipe line in conformity with all laws and.. ordinances and all rules, regulations and orders of public
authorities applicable thereto. Licensee agrees that he will give the Chief Engineer or division engineer of the Railway'
Company at least five (5) days' notice in writing of Licensee's intention to pcrform any construction, maintenance, re-
pair, renewal, alteration, relocation, removal or other work On or with respect to said pipe line, and will make arrange-
ments therefor with the Railway Company; provided, however, that in the event it becomes necessary to give emergen"
cy attention or make emergency repairs to said pipe line, Licensee shall give representatives of the Railway Company
who may be available or can be located such notice. as time and the nature of the emergency permit. Licensee agrees that
he will exercise the greatest care in performing construction, inspectio!1, maintenance, repair,' renewal, alteration, reloca-
tion, removal or other work on or' with respect to said pipe line, or any extension thereof beyond the premises of the Rail-
way Company; that he will perform all such work in a manner which will not endanger the operation or safety of loco-
motives, trains, cars or other roll~ng equipment, or the security or safety of any tracks, driveways, structures or other
facilities above or in the vicinity of said pipe line; that he will perform all such work in such manner, consistent with
safety, as will canse the least interference with the use,of any tracks, driveways, structures or other facilities on the prem-
ises of the Railway Company; that he will fill and thoroughly tamp all trenches and holes which may be dug on the prem-
ises of the Railway Company in connection with any such work; that he will replace or resto're, to the satisfaction of the
Railway Company, auy and all property of the Railway Company and other property upon its premises which may be dis- :
turbed or damaged in the performance of any such work, and will leave said premises in a neat and clean condition; that
he will maintain and keep all soil or other material over said pipe line thoroughly compacted and the grade even with
the adjacent surface of the ground; and that he will perform all work above mentioned,and any arid all other work con-
templated or required herein to be performed by him, at his own expense.
5. If, in the judgment of the Railway. Company, any construction, n~aintenance, repajr, renewal, alteration,' re(oca-
tion, removal or other work on or with respect to said pipe line shall make it necessary or desirable for the Railway Com-
pany to have an engineer or other representative on hand, or to provide a watchman or watchmen to protect the move-
ment of locomotives. trains, cars, or other. rolling equipment, or, to provide support for tracks, driveways, structures or
other. facilities, or to do any other work on or. in the vicinity of its premises, Licensee shall reimhurse the Railway Company
for all costs and expense so incurred by the Railway Company within twenty (20) days after rendition of bill therefor.
Whenever, in the judgment of the Railway. Company, it sh.ll, be necessary or desirable to give emergency attention or '
make emergency repairs to said pipe line, or to any extension thereof beyoncj the premises of the Railway Company, in
order to prevent injury to persons or damage to property, and, in its judgment, the circumstances do not permit the giv-
ing of notiCe to Licensee, the Railway Company shall have the right, if it so elects, to give such attention or make such
repairs at the expense of Licensee; and Licensee agrees to reimhurse the Railway Company for all costs and expense 'so
incurred by the Railway Company within twenty. (20) days after rendition of bill therefor.. .
p. It is understood and agreed that the Railway Comp1ny reserves the right to make any and all changes which it
may deem necess~ry or desirable in its business and operation, and in .the" line, grade, tracks, number of tracks, drive-
ways, structures and other facilities on its premises at and in the vicinity of said pipe line, and to make, and to at1thor~
ize others to make, such use of said premises as it may desi re. In the eventof any such change or proposed change 00
or in the use of said premises, Licensee shall, upon notice from the Railway Company so ,to .do, and within such time!
as the Railway Company shall specify, make such changes in said pipe line as may be necc?sary to make it conform, ir:,
its relation to the change made or to be made on or in the use of said premises of the Railway Company, with the tcrm9
and conditions hereoL If Licensee shall fail'to make such changes in said pipe line within 'the time specified by the Rail-
way Company, the Railway Company shall have the right, if it so elects, to make 'such changes in said pipe line at the
expense of ;r....icc.nsee; and Licensee agrees t6 'reimburse the 'Railway Company for all costs.and expense so incurred by
it within twenty (20) days after rendition of bill therefor. Whenever, in tbe judgment of the Railway Company, the cx-
istence 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 other facilities on said premises of the.
Railway Company, or with the use or any proposed use of said premises, and, in the judgment of the Railway Company,
such interference cannot be avoided by raising or lowering, or by making other changes in, said pipe line, the Railway
Company' will endeavor to provide another nearby and suit,ble location on its premises for said pipe line; but if, in the
judgment of the Railway Company, such other location cannot be pro\'ided, the Railway Company shall have the right,
anything herein to the contrary notwithstanding, to termiuate this license hy giving Licensee' thirty (30) days' notice in
",
,
wri\ing of the Railway Company's election so to do, If the Railway COlllpany shall provide another location on its prem
ises for said pipe ~ineJ Licensee shall, upon notice from the Railway Company so to do, and within such time as the Rail...
way Company shall specify, relocate said pipe line at such new location and make it conform, in its relation to such ne,v
location, with the terms and conditions hereof; and the terms and conditions of this agreement shall apply to said pipe
Ime at such new location as fully and with the same effect as if ,slIch new locaiion were the original location,
7. Licensee hereby aSSllmes all risk of damage to, and interference with the operation of, said pipe line, and any ex'
tension thereof beyond the premises of the Railway Company, and of any conseqllellt loss of liqllid, gas or other sllbstance
from said pipe line, or from any sllch extension, which may be callsed, directly or indirectly, by (a) the operation of lo-
comotives, trains, cars or other roHing equipment hy the Railway Compan)', or by others on its premises, (h) :l.t1y derail-
ment, wreck or other accident involving 'atlY stIch locomotive, train, car or <-'''Hiplllent. or (c) COllstntcttoll, illspcctirJll,
maintenance, repair, renewal or other work conducted on Or about said premises by or for the Railway Company.
Licensee agrees that he will protect, indemnify and save harmless the Railway Company, and its successors and assigns,
from and against any and allloss, damage, costs, expense, settlcmcnts, judgmcnts, decrees, awards and claims of every kind
and character arising from or growing o~t of, directly or indirectly, (a) the construction, existence, condition, nse, oper-
ation, inspection, maintenance, repair, renewal, alteration, relocation 01' removal of said pipe line, or of any extension
thereof beyond the premises of the Railway Company, (b) injury to Licensee, or to any of his agents or employes, whilr
on or about the premises of the Railway Company 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, his. agents or employes, incident to
or connected with any of the ab<?ve-mentioned work Of matters, (e) any failure of, or break or defcct in, said pipe linc.
or any extension thereof beyond the premises of the Railway Compan)', (I) any liquid, gas or other substancc which may
in any manner, or from any cause whatsoever, leak, escape, seep, flow or be carried from said pipe line, or from any ex-
tension thereof beyond the premises of the Railway Company, or (g) the violation hy Licensee, or by any of his agent< or
employes, of any term or provision of this agreement. The fore!:oing provisions of this paragraph shall apply regardless_
of any negligence of the Railway Company, its successors or assigns.
8. In case of non-payment of rental or of any other mone.y payable by Licensee to the Railway Company 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 defanlt for a period of thirty (30)
days after notice in writing thereof,is given by the Railway Compan)' to Licensee, the Railway Company may terminate
this license instanter by giving Licensee written notice of the Railway Company'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 thc Hai1way Company may desire to g-ive to Licellsee under
any of the terms or provisions of this agreement,-or with respect to said pipe linc, may he 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 mail. If slIch notice or communication is given bymail,it
shall be considered as delivered to Licensee on the first business day after it is deposited in the Uoited States mail.
10. Licensee agrees that upon the termination of this license. regardless of how the termination shall occur, Li-
censee will remove said pipe line from the premises of the Railway Company and restore said premises within ten (10)
days after such termination. If Licensee shall fail to remove said pipe line and restore said premises within said ti,ile,
the Railway Company 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 reimhurse the Railway Company for all costs and expense so in-
curred by it within twenty (20) days after rendition of bill therefor.
11. Nothing in this agreement shall be constrlled as giving Licensee any right. title-or interest in or to the premises
of the Railway Company, it being understood and agreed that the grant herein contained shall be and remain a license
terminable as herein provided. -
12. Any waiver at any time by the Railway Company of any breach of any covenant or agreement of Licensee
herein contained shall extend only to the particular breach so waived. and shall not extend to or be taken to affect any
other or subsequent breach of that or of any other covenant or agreement herein contained.
13. In the event that Licensee embraces two or more persons or corporatiolls, the covenants and agreements of
the Licensee herein contained shall be the joint and several obligations of each of snch persons or corporations.
. 14. This agreement shall inure to ~nd be binding upon the successors and assigns of the Railway Company, owners
or operators of the premises of the Railway Company on which said pipe line is located. This agreement shall also inure
to and be binding upon the heirs, executors, administrators, legal representatives, successors and assigns of the Licensee,
including the owners or occupants of any premises served by said pipe line, or by any extension thereof beyond the prem-
ises of the Railway Company, and also including the owners or operators of any plant, facilities or system of which said
pipe line may be a part or with which said pipe line may be connected; provided, howe,;er, that any assignment of this
agreement by Licensee made without the written consent of the Railway Company shall not be binding upon the Railway
Company. _
15. .. IIIlIl ...u. vlU bla Ii ..1 ~t4 ~ ,be t~ el&l!t tnt'lta to tceU',tll'. the r1.-:1Da
01 '* ~ -. 6IpID w-. td",_ noam RDlJ.r0e4 all boll nt..asw.e4 fotr .3.1 CIlf'lIIllI'" ene
ClGUIIl~a4 bt u. .r/loUG.aJ, aa4 np1..t\......A 0' .td4 \nIelrll ~ .,SUI ..., ctMr r.lIer/llN
-U.. .., "'''1 lit'.... _ UlJa UROU.aUOIl.
16. 'DdIt ~ 1111 Lldto ~.. .. ~ O~ IWl1l1lil' ~'f'f7 to lIJ81atlldll it. tgeUttt..,
....... WlM'W'I lOa. u.., .1"flJ. .~ 01' IIlDI other ~ fJIllc....,. tor tlle
e. ... .11 f'l_ ......... ., .... rldlroel sa lto fI'GI'J- loeaU.. ~ otbenJ18a
~ ,.. IlII'ltSL Jr,...,.. tM \em of Ulu 80:-.4..... ., wortI 1. ~s.ree aa
4". .u.... ... .....ted, e1u..r .. u. ""*" of 01" IlIJ . 1'f!lI'l'I1' of .titl. t.......
.., I.tr-r. ... t, 'II " ff lUll ...., fotI.liaI11wq ~_ te r~. .. .."leecH _ .t
.._ ftIIWtUII, ... to . ..t4m& 1Ii'Il81' -.aJfH' llItlUPf.CIl tor ,be .ululllGII flit it. ~'"
......n. ft"'"'''' ..,,,,,.... r I'..... ~'."-V" VAta .v4IftN.
"
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written.
ATTEST: .
___/rd_.Fr.~g,!;!..__L,___:mv:!!m!_________________-----
AsSistant See'y. ~
ATTEST:
(IF LICENSEE IS A CORPORATION)
/s/ Martha Ferriu
CHICAGO. INDIANAPOLIS AND LOUISVILLE
RAILWAY COMPANY
By___bLg_~___A:___Jl~~_~_________m__m__'__________m_____~_____________
President
'f(MI at' CArtalt
_+__++__n________n+n_u___________nn..nn___________~__+_un~_____________._+_._____
/s/ Leo C. Pfolenhauy
__~_mm_m_____._______mm_____________m______m______m________m_____
Secretary
APPROVED:
\Vitncsses to execution by Licensee:
b;f___Q_'mW_'-__fl.1:I.~It_J,~I?___________________________________mm_____m_
Operating Department
____j!lL_!>l,___l',___l\n9,~r_I;l_Q):1___________________
Engineering Department
Address ______nm__CannJ.em________m__________mm__mmm__m__
m/s-l__'nlomas.__D~--Wilson.____m__________~---.---m-----m---
Add ress __n____________________ _m_m_m______________________m_______._m_____
Traffic Department
APPROVED AS TO FORM:
___hLHU_lJ!;II!I_.H_,___To.lll.e____________
Law Department
, MrJ,rn"
.' r'l.e: ~~I" tOIJIS"I\U 1\~llW~Y cO) (l'I
~r~~" "CIlICJ.,r,O II'4DIA _,f' -' ." ~ n" ~han ba 461rud 1
Wh ' "11"":" .,'
ftp~6&rS h~r~l" th" ,,31fl~ ,."
.ub.lI1ut~d \ho~lo"
c. ~.. JC
/ .' a... <:[<r"
." ~,- ,\,\'''-
, ~...'(,V1'
COpy ,J~,t~.v
Contract No,
PIPE LINE AGREElVIENT
AGREEMENT, made this 10th day of January
{1} fe, ,0 0 C!ndr~~, ~7P,S-
$'.1 ?"
,"
. THIS
U
19_, by
and
between MONON RAILROAD, a corporation, hereinafter called "Railroad," party of the first part,
TOW. OJ' CARMEL.
and
whose address is
carm.l. ladtona
, hereinafter
(whether one or more persons or corporations) called "Licensee," part Y
of the second part,
WITNESSETH: That for and in consideration of the covenants and agreements hereinafter contained
to be kept and performed by Licensee, the Railroad hereby grants (but pnly to the extent of Its ri~ht,
title and Interest In the premises affected) WltO Licensee a !lcense to construct, operate, maintain,
.." lroD laldler1 ....,. MSea..d In eat 0110" ._'deli llteel e._
repair "I'd renew .
"PIt 1M. 'If. '1'. . O. t08 I) JUIUId or bored tbrOIJgb .,.ad. OM ...led .1 .eel" ea4
, hereinafter called "pipe line," under and across the right of way and tracks or land of
88"+80 Carmel
the Railroad at its Survey Station No, , situated at or near
BtuBUfDa
Station, In the Couniy of
_lItO'-
and State of Indiana, for the purpose of conveying
dralltap
; which
I,ee"
said license, Ullless Sooner ter'minated in a H1311l1er
Uth January
day of
, commencing on the
hereinafter provided, Is for the term of
'rl
19 _, and thereafter from year io year Wltll terminated by a1iy party or par!!es hereto by giving the
other party or parties hereto notice In writing of eiection io terminate at least ninety (90) days prior to
ihe 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 !lne (unless a1ld until challged as hereinafter provided) Is
Indicated on the print attached hereto, Identified by the signature of all authorized representa!!ve of the
Railroad, and hereby made a part hereof. Said pipe !lne shall be used by Licensee for the conveyance
of the !lquid, gas or other 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, covers,
supports or protects the pipe, tile, !lne, sewer or other conduit provided for the actuai conveyance of
!lquld, gas or other substance, and all other facl!l!!es and equipment which are auxlllary or appurtenant
to such pipe, tile, !lne, sewer or other conduit, shall be deemed a part of said pipe !lne for the purposes
of this agreement, and shall be subject to the terms and cOllC\ltions hereof. Licensee shaii procure all
necessary public authority for the exercise of the' license herein granted, and shall, upon request,
furnlsk the Railroad with a duly cer!!f1ed copy thereof.
($
2. Licensee agrees to pay
'fl. 00
) upon the execution
the Railroad the sum of
Snenty Five .nd No/IO!)--.-
-"'I . -==3-V-'I....- Dollars
., xtHlt anu..o ""..-
of thts agreement, and a rental 01
. Dollars
($1..00. ) per 111"'"'_' payable in advance, on the -lBtb- day of Jf)ft\1Ar1
each ,.a. during the continuance of the license herein granted. Licensee agrees to pay all
taxes and assessments levied upon or assessed or extended against or on account of said pipe line, and
agrees that if the Railroad for any reason whatsoever shall payor be required to pay any such taxes or
assessments, Licensee will reimburse the Railroad therefor within twenty (20) days after rendition of
. bill. Licensee agrees that he will not, by any act or omission, cause or suffer any lien of any kind to
attach to the premises of the Railroad; that he will promptiy cause any lien which may attach to said
premises by reason of any act or omission o'n his part to be fuliy removed and released; and that if the
Railroad for any reason whatsoever shall payoff or be required to payoff any such lien, Licensee will
reimburse the Railroad for all costs and expense so incurred by the Railroad within twenty (20) days
after rendition of bill therefor.
3. Licensee shall construct said pipe line in accordance with plans approved by the Railroad.
Said pipe line shall be of the kind and character of material speclfled herein, if and to the extent that
any such specification is made herein; and, in any event, said pipe line shall be comprised of material
or materials which are good and sufficient, and shall be so constructed, operated, maintalned and kept
by Ltcensee that any and all tracks, driveways, structures and other facilities above, or in the vicinity
thereof will not in any wise be rendered insecure or unsafe. Unless otherwise speclfled herein, said
pipe Hne shall be so laid that the top of all parts thereof shali be at least three (3) feet below the sur-
face of the ground at all points (including ditches, if any) on the premises of the Railroad, and at least
four (4) feet beiow the bottom of the ties in any track on said premises. If at any time Licensee is
notified by the Railroad so to do, Licensee shall provide a stop valve or stop valves in said pipe line,
or in any extension thereof beyond the premises of the Railroad.
4. Licensee agrees that he will maintain and keep said pipe line, and any extension thereof beyond
the premises of the Railroad, in good, safe and sufficient condition; and that he wlll construct, operate,
maintain, keep, repair and renew satd pipe line in conformity with all laws and ordinances and all rules,
regulations and orders of public authorities applicabie thereto. Licensee agrees that he wlll give the
Chief Engineer or division engineer of the Railroad at least five (5) days' notice in writing of Lic~nsee's
intention to perform any construction, maintenance, repair, renewal, alteration, relocation, renloval
or other work on or with respect to said pipe line, and wlll make arrangements therefor with the Rall-
road; provided, however, that in the event It becomes necessary to give emergency attention or make
emergency repairs to said pipe line, Licensee shall give representatives of the 'Railroad who may be
available or can be located such notice as time and the nature of the emergency permit. Licensee agrees
that he will exercise the greatest care in performing construction, inspection, maintenance, repair,
renewal, alteration, relocation, removal or other work on or with respect to said pipe line, or any
extension thereof beyond the premises of the Railroad; that he wili perform all such work in a manner
which wlll not endanger the operation or safety of locomotives, trains, cars or other rolllng equipment,
or the security or safety of any tracks, driveways, structures or other facilities above or in the vicinity
of said pipe line; that he will perform all such work in such manner, consistent with safety, as wlll
cause the least interference with the use of any tracks, driveways structures or other faclllties on the
premises of the Railroad; that he wlll flll and thoroughly tamp all trenches and holes which may be
dug on the premises of the Railroad in connection with any such work; that he will repiace or restore,
to the satisfaction of the Railroad, any and all property of the Railroad and other property upon Its
premises which may be disturbed or damaged in the perfonnance of any such work, and wlllleave
said premises in a neat and clean condition; that he will maintain and keep all soll or other material
over said pipe line thoroughly compacted and the grade even with the adjacent surface of the grOlUld;
and that he wlll perform all work above mentioned, and any and all other work contemplated or required
herein to be performed by him, at his own expense.
5. If, in the Judgment of the Railroad, any construction, maintenance, repair, renewal, alteration,
relocation, removal or other work on or with respect to said pipe line shall make It necessary or desir-
able for the Railroad to have an engineer or other representative on hand, or to provide a watchrnan or
watchmen to protect the nlovement of locomotives, trains, cars, or other rolling equipment, or to
provide support for tracks, driveways, structures or other facilities, or to do any other work on or
in the vicinity of its premises, Licensee shall reimburse the Railroad for all costs and expense so
incurred by' the Railroad within twenty (20) days after rendition of bill therefor. Whenever, in the
judgment of the Railroad, it shall be necessary or desirabie to give emergency aitenllon or make
emergency repairs to said pipe line, or to any extension thereof beyond the premises of the Railroad,
in order to prevent injury to persons or damage to property, and, in its judgment, the circumstances
do not permit the giving of nollce to Licensee, the Railroad shall have the right, if it so elects, to give
such attention or make such repairs at the expense of Licensee; and Licensee agrees to reimburse
the Railroad. for all costs and expense so incurred by the Railroad within tweniy (20) days after rendition
of blll therefor.
6. It \s, understood and agreed that the Railroad reserves the right to make 'my and all changes
which it may deem necessary or desirable in its business and operation, and in the line, grade, tracks,
number of tracks, driveways, structures and other facilities 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 ~vent of any such change or proposed change on or in the use of said premises, Licensee
shaH, upon notice from the Railroad so to do, and within such time as the Railroad shall specify,
make such changes in said pipe line as may be necessary to make it conform, in its elation to the
change made or to be made on or in the use of said premises of the Railroad, with the terms and
conditions hereof. If Licensee shall fail to make such changes in said pipe line within the tme specified
by the Railroad, the Railroad shall have the right, If it so eiects, to make such chang s in said pipe
line at the expense of Licensee; and Licensee agrees to reimburse the Raiiroad fo all costs and
expense so incurred by it within twenty (20) days after rendition of bill therefor. Whenev ,in the judg-
ment of the Railroad, the existence or operation of said pipe line shall unreasonably int fere with any
change or proposed change in its business or operation, or in the line, grade, tracks, nu ber of tracks,
driveways, structures or other facilities on said premises of the Railroad, or with he use or any
proposed use of said premises, and, in the judgment of the Railroad, such interfer nce cannot be
avoided by raising or lowering, or by making other changes in, said pipe line, the Railroa wlll endeavor
to provide another nearby and suitable location on its premises for said pipe line; but If, i the judgment
of the Railroad, such other location cannot be provided, the Railroad shall have the ight, anything
herein to the contrary notwithstanding, to terminate this license by giving Licensee t rty (30) days'
notice in writing of the Railroad's election so to do. If the Railroad shall provide anot er location on
its premises for said pipe line, Licensee shall, upon notice from the Railroad 'so to do, d within such
,time as the Railroad shaH specify, relocate said pipe line at such new location and m e 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 t e same effect
as If such new iocation were the original location.
7. Licensee hereby assumes all risk of damage to, and interference with the op ation of, said
pipe line, and any extension thereof beyond the premises of the Railroad, and of any c nsequent loss
of liquid, gas or other substance from said pipe line, or from any such extension, which I ay be caused,
directly or indirectly, by (a) the operation of locomotives, trains, cars or other ro11in equipment by
the Railroad, or by others on its premises, (b) any derailment, wreck or other acciden involving any
such locomotive, train, car or equipment, or (c) construction, inspection, maintenance, r pair, renewal
or other work conducted on or about said premises by or for the Railroad. Licensee agr s that he wlll
protect, indemnify and save harmless the Railroad, and its successors and assigns, fr m and against
any and all loss, damage, costs, expense, settlements, judgments, decrees, awards and c aims of every
kind and character arising from or growing out of, directly or indirectly, (a) the"construct on, existence,
condition, use, operation, inspection, maintenance, repair, renewal, alteration, relocat n or removal
of said pipe line, or of any extension thereof beyond the premises of the Railroad, (b) inju to Licensee,
or to any of his agents or employes, while on or about the premises of the Railroad for 0 in connection
with any of the above-mentioned work or matters, (c) any death resulting from any such njury, (d) any
act or omission of Licensee, his agents or employes, incident to or connected with an of the above-
mentioned work or matters, (e) any failure of, or break or defect in, said pipe line, 0 any extension
thereof beyond the premises of the Railroad, (f) any liquid, gas or othersubstanc which may in
any manner, or from any cause whatsoever, leak, escape, seep, flow or be carried from aid pipe line,
or from any extension thereof beyond the premises of the Railroad, or (g) the violatio by Licensee,
or by any of his agents or employes, of any term or provision of this agreement. The oregoing 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 0 the Railroad
under any of the terms hereof for thirty (30) days after it becomes due, or in case of defa It by Licensee
in any of the other covenants or agreements of Licensee herein contained and the eontimance of such
default for a period of thirty (30) days after notice in writing thereof is given by the Railroa to Licensee,
. d'
the Railroad may terminate this license instanter by giving Licensee wriiten notice of'the Railroa 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 mail. If such notice or commwlication is given by mail, 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
s\Jall oelcur, Licensee wlll remove said pipe line from the premises of the Railroad and restore said
premises within ten (10) days after such termination. IT Licensee shall fall to remove said pipe line
and restore said premises within said time, the Railroad shall have the right, at the expense of Licensee,
to d!sconnectsald 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 Railroad for all costs and expense so Incurred by It within twenty (20)
days after rendition of bill therefor.
11. Nothing In this. agreement shall be construed as ~Ivlng Licensee any right, title or Interesl
In or to the premises of the Railroad, It being understood and agreed that the grant herein contained
shall be and remain a license terminable as herein provided.
12. Any waiver at any time by the Railroad of any breach of any covenant or agreement of Licensee
herein contained shall extend only to the particular breach so waived, and shall not extend to or be
taken to affect any other or subsequent breach of that or of any other covenant Or agreement herein
contained.
13. In the event that Licensee embraces two or more persons or corporations, the covenants and
agreements of the Licensee herein conlained shall be the joint and several obligations of each of such
persons or corporations.
14. This agreement shall Inure to and 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 located. This agreement
shall also Inure to and be binding upon the heirs, executors, administrators, legal representatives,
succeSSors and assigns of the Licensee, Including the owners or occupants of any premises served by
said pipe line, or by any extension thereof beyond the premises of the Railroad, and also Including the
owners or operators of any plant, faclllties or system of which said pipe line may be a part or with
which said pipe line may be connected; provided, however, that any assignment of this agreement by
Licensee made without the written consent of the Railroad shall not be binding upon the Railroad.
II. Opea ',.,.obI., ...Ida twenty (20) ,... 01 eeftter line of !reek eo! ,..rmUted.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above
written.
ATTEST:
By
MONON RAILROAD
/s/ W. Nuetzel
/ A/ Hp}.en ~hri <<m" n
.. Secretary
Vlee President
ATTEST:
(IT Licensee Is A Corporation)
TOWN OF C'AnMEL
Secretary
By / s/ William E. Pattison
APPROVED:
Witnesses to execution by Licensee:
/s/ W H V""ght
Operating Department
/s/ C. W F"rrpll
Engineering Department
/ s / H. F. Zuismishter
Address 130 1st Ave. S. W., Carmel. Ind.
Address
Traffic Department
APPROVED AS TO FORM:
. ~ . ... - ..
/s'/
I
Frank E. Van Bree
. LaJ, Department
1
i
,I /' ,.,.. r:
'j- f "
/I;' '
1...),.;..1' (.' (, I'
:'f".'
. f., ",D.t)
COpy ~{,..<_-J
Contract No.
PIPE LINE AGREEMENT
v ~~3()70.6
r J.J S-
THIS AGREEMENT, made this
Intd f
ay 0
:"-u~:u~t
(,')
, 19_, by
and
between MONON RAILROAD,
'fOHN Of' CJ\Ilm:L
a corporation, hereinafter called "Railroad," parly of the first part,
and
cArlrol, lr.dil1nr.
, hereinafter
whose address Is
(whether one or more persons or corporations) called "Licensee," part
01 the second part,
WITNESSETH: That lor and In consideration 01 the covenants and agreements hereinafter contained
to be kept and performed by Licensee, the Railroad hereby grants (but pnly to the extent of Its rle;ht,
title and Interest In the premises aflected) Wlto Licensee a license to construct, operate, maintain,
slInl tar>' IHIH?r IJIH,kr t.hl trad: ill",l riqj.t. of \:"y lit :,il~
reEair and renew
lost 13-1',(;.7 north of :':sr.c':;,l. l~" clint. iron ~':llutnry l\l~,,:'"r '~IlCIl:';"'-' in
46 feCI; ot 24 illch \/uld",d "t~"Jl 1'11"" (.,.3.1I1.."", ".dl t.i,l"'...-."", 6.J7::'-)
juokeu.l VJ:' hortH..l throu~,h "'}I:'~FJ~ 6.IH.1 ~\cu.lt.':t.! n L. Pt,l\.:h o:.nh.1.
, hereinafter called "pipe line," under and across the right 01 way and tracks or land 01
BBDO+OU Carmel
the Railroad at its Survey Station No. , situated at or near
tlln;\!l taon
Station, In the County of and State of Indiana, lor the purpose 01 conveying
nsnitary Be~orag~
; which said license, wlless sooner terminated in a manner
ly~,t\r let '\U:J'.H:t
hereinafter provided, Is for the term of , commencing on the day of
19 ~9, and thereafter from year to year wltll terminated by any party or parties hereto by giving the
other party or parties hereto notice In writing 01 election to terminate at least ninety (90) days prior to
the end 01 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) Is
Indicated on the print attached hereto, Identified by the signature 01 an authorized representative 01 the
Railroad, and hereby made a part hereof. Said pipe line shall be used by Licensee lor the conveyance
01 the liquid, gas or other substance above stated, and lor no other purpose whatsoever without the
written permission 01 the Railroad. Any pipe, culvert, box or other lacility which encases, covers,
supports or protects the pipe, lIle, line, sewer or other conduit provided lor the actual conveyance 01
liquid, gas or other substance, and all other lacllities and equipment which are auxiliary or appurtenant
to such pipe, tile, line, sewer or other conduit, shall be deemed a part 01 said pipe line lor the purposes
01 this agreement, and shall be subject to the terms and conditions hereof. Licensee shall procure all
necessary public authority lor the exercise 01 the license herein granted, and shall, upon request,
lurnlsll the Railroad with a duly certilled copy thereof.
_______________l:________.
2. Licensee agrees to pay the Railroad the SUIll of __.__
-{j-
($ ) upon the execution 01 this agreement, and a rental 01
___ ___ , _ Doliars
:Cli aJm I:011DD---
Dalla rs