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HomeMy WebLinkAboutCSX/ Pipeline/Carmel (5) City of Carmel Inter-Office Memorandum . a., City Engineers Office . ~r--r v\~ A6 September 10, 1992 Memo to: Janet Rogers From: Mindy Holliday ~ In going through our catalog of City Contracts, I noticed that contracts with CSX Transportation to cover pipe crossing of the railroad were not listed. I researched back and found the enclosed contracts. They are between us and different railway companies but were bought out by CSX. I guess originally Utilities handled this but we pay the claims now. I don't know where the originals are so here are copies. I have one coming up for payment so I thought you should have these before you get my claim. Please let me know the catalog numbers as soon as you can assign them so my records will be correct for the claims. If you have any questions, please call me. Enclosures " ,I j C3,d:r-~ /liP. .gc":t~.1 MOI#ION RAilROAD 332 S. M.i.ch.i.g,an Avenue Ch.i.cago, r.eUno.i.!; (60604) Mr. James Dougherty City Building 130 First Avenue, S. W. Carmel, Indiana 46032 Dear Mr. Dougherty: June 2, 1971 Telephone 427~3303 Enclosed please find copies of all Pipe Line Agreements between the Town of Carmel and Monon Railroad. They are as follows: w^'~,,~v J ~f!-:~r-oJYV\$iJIJ'if ....,~ r ~""tO...- '., _~~,. -~\l' Sto' f Il , ", ,,' t.vA oJ -~~"~',,-:;;~ ~' vV'.(\ tlI~"""" ;~::~::~ ,': ~'3t .' g,oo Contract No. '",,0" Contract No. 1;1,<>0 Contract No. '<O,t)' ontract o. 1~."nJ Contract No. n').. '" Contract No. /"."D Contract No. 6483, 6728, 6772, 8325, 8373, 8390, 8396, dated 11/1/58 J dated 4/2/61 'j dated 9/15 61 dated 8/1/69 ,/ dated 12/1/69.J dated 11 /1 /70 1/ dated 1/1~/71" We hope this will complete your files, and apologize for the delay in forwarding this material to you. Encl. (7) Very truly yours, ~~' Helen M. Chrisman Assistant Secretary , ($10.,00 ) per aJlnUM l~; t. , payable In advance, on the day of ;'CU',;U!'It; each }'el'lr 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 alter 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 Rallroad; that he will promptly cause any lien which may attach to said premises by reason of any act or omission on his part to be fully removed and released; and that II the Railroad for any reason whatsoever shall payoff or be required to payoff any such lien, Licensee wll! reimburse the Railroad for all costs and eXjlense 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 specllled herein, If and to the extent that any such specification Is made herein; and, In any event, said ptpe line shall be comprised of material Or materials which are good and sufficient, and shall be so constructed, operated, maintained and kept by Licensee that any and all tracks, driveways, structures and other fac!llties 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 sur- face of the ground at all points (including ditches, If any) on the premises of the Railroad, and at least four (4) feet below the bottom of the ties In any track on said premises. If at any time Licensee Is notilled by the Railroad so to do, Licensee shali 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 wlll 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 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 Railroad at least live (5) days' notice In writing of Lic~nsee's intenllon to perform any construction, maintenance, repair, renewal, alterallon, relocation, removal or other work on or with respect to said pipe line, and will make arrangements therefor with the Rail- 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 wlll 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 wlll perform all such work In a manner which will not endanger the operation or safety of locomotives, trains, cars or other roiling equipment, or the security or safety of any tracks, driveways, structures or other factllties above or in the vicinity of said pipe line; that he will perform all such work in such manner, consistent with safety, as will cause the least Interference with the use of any tracks, driveways structures or other facllities on the premises of the Railroad; that. he will fill 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 replace 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 performance of any such work, and will leave satd 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 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, an.y construction, maintenance, repair, r~newal, 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 watchman or watchmen to protect the movement 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 rendltlon of bill therefor. Whenever, in the judgment of the Railroad, It shall be necessary 01' desirable to give emergency attention 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 notice 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 twenty (20) days after rendition of blll therefor. 6. It is' understood and agreed that the Railroad reserves the right to make any 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 event of any such change or proposed change on or in the use of said premises, Licensee shall, upon notice from the Railroad so to do, and within such time as the Railroad shali specify, make such changes ili 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 conditions 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 make 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. Whenever, 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 other facilities on said premises of Ihe Railroad, or with Ihe use or any' proposed use of said premises, and, in the judgment of the Railroad, such interference cannot be avoided by raising or lowering, or by making other changes in, said pipe line, the Railroad wllI endeavor to provide another nearby and suitable location on its premises for said pipe line; but if, in the judgment of 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 thirly (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 roIllng equipment by the Railroad, or by others on its premises, (b) any derailment, wreck or other accident involving any such locomotive, train, car or equipmeni, or (c) construction, inspection, maintenance, repair, renewal or other work conducted on or aaout said premises by or for the Railroad. Licensee agrees that he wlll 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 froin 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 extension therimf beyond the premises of the RaUroad, (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, his agents or employes, incident to or connected with any of the above- mentioned work or matters, (e) any failure of, or break or defect in, said pipe line, or any extension thereof beyond the premises 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 carried from satd 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. B. 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 defalllt by Licensee In any of the other covenants or agreements of Licensee herein conialned and the continuance of such default for. a period of thirty (30) days after notice in writing thereof is given by the Railroad to Licensee, the 'Railroad may terminate this iicense 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 offtce or reside, or may be deposited tn the United States mall, 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 communtcation 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 maU. 10. Licensee agrees that upon the termination of this license, regardless of how the termination . . shall occur, Licensee wlll remove said pipe line from the premises of the Railroad and restore said premises wltWn ten (10) days after such termination. If Licensee shall fail to remove said pipe line and restore said premises within said time, the Railroad shall have the right, at the expense of Licensee, to disconnect said pipe line at any .polnt or points on or near its premises, and to remove, destroy Or otherwlse'dlspose of the materials comprising said pipe Hne, and to restore Its premises; and Licensee agrees that he wlll reimburse the Railroad for all costs and expense so Incurred by It within twenty (20) days after rendition of bl!l therefor. 11. Nothing In this agreement shall be construed as giving Licensee any right; litle or interest In or to the premises of the Railroad, It being wlderstood and agreed that the grant herein contained shall be and remain a Hcense terminable as herein provided. 12. Any waiver at any time by the Rallroad of any breach of any covenant or agreement of Licensee herein contained shall extend only to the parlicular 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 corporallons, the covenants and agreements of Ihe Licensee herelil contained shall be the joint and several obHgallons of each of such persons or corporallons. 14. This agreement shall Inure to and be binding upon the successors and assigns of the R3.Jlroad, owners or operators of the premises of the Railroad on which said pipe !lne Is located. This agreement shall also Inure to and be binding upon the heirs, executors, administrators, legal represenlallves, successors and assigns of the Licensee, Including the owners or occupants of any premises served by said pipe !lne, or by any extension thereof beyond the premises of the Railroad, and also Including the owners or operators of any plant, facllllles or system of which said pipe Hne may be a part or with which said pipe Hne 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 Rallroad. 15. See attached rider. IN WITNESS WHEREOF, the parlles hereto have executed this agreement the day and year first above written. ATTEST: /s/ Helen M. Chrisman Ass I t Secretary MONON RAILROAD By /s/ W. J. Nuetzel Vice President ATTEST: (If Licensee Is A Corporation) TOWN OF CARMEL Secretary / s/ Russell E. Ransom / s/ President. Bblrd of Trastees APPROVED: Witnesses to execulion by Licensee: / s/ W. H. Vaught Operating Department / s/ C. W. Farrell / s/ H. F. Zinsmeister 130 1st Ave., Carmel, Indiana Address Engineering Department Address Traffic Department APPROVED AS TO FORM: " / s/ Frank E. Van Bree Law Departmenl 15. No open trenching permitted within tl^lenty (20) feet of the center line of track. " /" -\--tf\--~ ~ I ",leA - JZ ' , 'r, :\l~',)-- +, C"^,,,-- - -1_ I.d::. ',-,\ \ . ,~."I'- W tC~/\/ ~/;'<'. oil ~ M.. ~~,,7 Contract No. ~ 3 J 3 PIPE LINE AGREEMENT THIS AGRE~MENT, made this 1st day of December , 19U6~ by and between MONON RAlLROAD, a corporation, hereinafter called "Railroad," party of the first part, and TOWN OF CARMEL - CARM_~l,'_J'!'.~~~1!_~c;OM~~NL____ whose address is 180 I,-LAUIlu.~. W .~a"m_el._lndlBllA , hereinafter (whether one or more persons or corporations) called "Licensee," part 1 of the second part; WITNESSETH: That for and in constderation of the covenants and agreements hereinafter cDntained to be kept and performed by Licensee, the Railroad hereby grants (but pnly to the extent of its ri,;:ht, title and .inte.'i'est in the premises affected) unto Licensee a license to construct, operate, maintain, repair and renew 8" caat lroa weter main encased in 80 teet ot 18" weldedlllteel caitlntr pipe (mlnlmum walllhlcknes8 0.250") jacked or bored through grade .nd aealed.aob end , hereinafter called "pipe Une," under and across the right of way and tracks or land of the Railroad at its Survey Station No.8844t-41, situated at or near Carmel Station, in the County ofHem11loD and State of Indiana, for the purpose of conveying weter ; which said license, unless sooner .terminated in a manner hereinafter provided, is for the term olODS year ,commencing on the 1st day of December ,. 19 89 "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 SAlD GRANT LICENSEE COVENANTS ANDAGREES WITH THE RAILROAD AS FOLLOWS: 1 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 of an authorized representative of the Railroad, and hereby made a part hereof. Said pipe line shall be used by Licensee for the conveyance of the liquid, g,\s or other substance above stated, and for no other purpose whatsoever without the written permission of the Railroad. Any pipe, culvert, box 01' other facility which encases, covers, supports 01' protects the pipe, tile, line, sewer 01' other conduit provided for the actual conveyance of liquid, gas 01' 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 procure 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 of Twe~!Y,F~veal1d NollOO----nollars ($ 2&.00) upon the execution of this agreement, and a rental of Twelve and No/IOO--Dollars ($ u. ao ) per annum , payable in advance, on the _J.st_ day of D~mIMtr each year 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 Rallroad for any reason whatsoever shall payor be required to pay any such taxes or assessments, Licensee wlll reimburse the Rallroad therefor within twenty (20) days after rendition of bill. Licensee agrees that he wlll not, by any act or omission, cause or suffer any lien of any kind to attach to the premises of the Rallroad; that he will promptly cause any lien which may attach to said premises by reason of any act or omission on his part to be fully removed imd released; and that If the Railroad for any reason whatsoever shall payoff or be required to payoff any such lien, Licensee wlll . reimburse the Railroad for all costs and expense so incurred by the Railroad within twenty (20) days after rendition of blll therefor. 3. Licensee shall construct said pipe line in accordance with plans approved by the Railroad. Sald pipe line shall be of the kind and character of material specified 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, maintained and kept by Licensee that any and all tracks, driveways, structures and other facllltles above, or in the vicinity thereof wlll 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 sur- face of the ground at all points (including ditches, If any) on the premises of the Railroad, and at least four (4) feet below the bottom of the ties In any track on said premises~ Ifat any tlme 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 malntain and keep said pipe line, and any extension thereof beyond the premises of the Railroad, In good, safe and sufficient conditlon; and that he will construct, operate, maintain, keep, repair 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 Rallroad at least five (5) days' notice in writing of Lic~nsee's intention to perform any construction, nlaintenance, repair, renewal, alteration, relocation, removal 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 representatlves of the Railroad who may be available or can be located such notice as tlme and the nature of the emergency permit. License'e agrees that he will exercise the greatest care. in performing construction, inspection, maintenance, repair, renewal, alteration, relocation, removal or other work On or with respecno said pipe line, or any extension thereof beyond the premises of the Railroad; that he will perform all such work in a manner which will not endanger the operation. or safety of locomotlves, trains, cars or other roliing 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 cause the least interference with the use of any tracks, driveways structures or other facilities on the premises of the Railroad; that he will fill and thoroughly tamp all trenches and holes which may be dug on the premises of the Railroad In connectlon with any such work; that he will replace or resiore, 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 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 grOtUld; and that he will. perform all work above mentlon~d, 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, alteratlon, 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 watchman or watchmen to protect the movement of locomotives, trains, cars, or other fQlling 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 desirable fo give emergency attention 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 notice 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 twenty (20) days after renditlon of bill therefor. ( 6. It, Is understood and agreed that the RaJlroad reserves the rtght to make any 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 event of any such change or proposed change on or In the use of said premises, Licensee shall, 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 relation 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 fall to make such changes in said pipe line within the time specified by the Railroad, the Railroad shall have the right, tf it so eiects,. to make 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. Whenever, 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 01' other 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, such 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 on Its premises for said pipe.lIne; but if, In the judgment of the Railroad, such other location cannot be provtded, 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 the Railroad, 01' by others on Its premises, (b) any derailment, wreck 01' 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, settlemenls, 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 extension thereof 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. ariy such Injury, (d) any act or omission of Licensee, his agents or employes, Incident to or connected with any of the above- mentioned work or matters, (e) any failure of, 01' break 01' defect In, said pipe line, or any extension thereof beyond the premises 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 carried 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 01' 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 after notice In writing thereof is given by the Railroad to Licensee, the Railroad may terminate this 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 01' communication 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 . shall occur, Licensee will remove said pipe line from the premises of the Railroad and restore said premises within ten (10) days after such termination. U Licensee shallfatl to remove said pipe line and restore satd premises within said tlme, the Railroad shall have the right, at the expense of Licensee, to disconnect satd 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 Ratlroad for all costs and expense so Incurred by It within twenty (20) days after rendition of bill therefor. 11. Nolhlng In this agreement shall be construed as giving Licensee any right, titie or Interest in or to the premises of the Railroad, It being understood and agreed that the grant herein contatned shall be and rematn a license terminable as herein provided. 12. Any watver at any time by the Railroad of any breach of any covenant or agreement of Licensee herein contatned 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 contatned. 13. In the event that Licensee embraces two or more persons or corporations, the covenants and agreements of the Licensee herein contatned 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 Ratlroad, owners or operators of the premises of the Ratlroad on which satd 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, facllltles or system of which said pipe line may be a part or with which satd 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. U. No OpeD trencblDfl permUted Il1lthln twenty-t1ve (25) feet of center llne of track. IN WITNESS WHEREOF, the partles hereto have executed this agreement the day and year first above . written. MONON RAILROAD ATTEST: By V lee President A..lataDt Secretary ATTEST: (U Licensee Is A Corporation) TOWN OF CARMEL - CARMEL WATER COMPANY Secretary -BJ APPROVED: Witnesses to executlon by Licensee: Operatlng Department Address Engineering Department Address Traffic Department APPROVED AS TO FORM: Law Department . "\ / {; . ~c '.' ., '., -<'10vJ e\ ~tJ/' vI u .. 11i"'''c. . ~e(.'''' WfIM.v.,"CIlICACO INDIANAPOLIS AtllllOUISVlllE RAllWAVCOM,j,NY" . .ppnn heleln tlH um. "IIIONON RAILROAD" ~hll bf el.U"" to b. ,ub:tIlulecllIlMtl.r, -r ~ U)/1/U--", - a: '" ~ . ' (7 J.-.rhe~'Afp\T:g ~ U!, S -- "\J\..).I;'~. fr Ljl,1 Contract NO....mhh.mm..........h. PIPE LINE AGREEMENT THIS AGREEMENT. ';lade this~~...___..day oL.... h..tl~v.".~.rn.___mm.mmhh........mmm...mnh.h..m. l~m... by ond uetw,:en CHICAGO, INDIANAPOLIS AND LOUl'SVlLLE 1<1\II.\\'A Y COMPANY, a corporation. hereinafter called "Railway Company." .party of the first part, andm.II!lt.:r(lh'.!l...t'l'___(.:~J.l.~k.mm..mh."mm......______...mm""'___hm..m. u. ....n._...nn..........___..._._._.__............... _unn_...__...... ......n.________ _.. .--. .--... . ....... ..._...._.____...._.._.n_n_.....__..._._n._.__n...._.____._.._____n___ whose address .i~~~.~..~~~!.~I).I'..~~~.~....l.~.~~ '.., ',." .. n_ .n.. _u __n_ _ ......._nn..n___n_nun___....___n__nn_n____._____n____.__..._.n__' hereinafter (whet)lerone.or ~~re persons or corporations) called "Licensee." par'. ....mmmm..... of the second part, \VITNESSETH:' That for and "in consideration of the CO\'Cll:mts amI <lgrcCfllC1\ts hereinafter contained to he kept and performed' by Licensee. the'Railway Cornpany hereby grants (bllt ollly tll the extent of its right. title alld illterest in the premises-affected) ~tt~to Licen~ee a license to construct, operate, maintaill, repair and rcnew_~_!:~_~n~_~. ~-~~-~~":.'.!gg f~~..~.,.~~..~~..~..~..!~..~.~...~...~.~.n~~.(l!.t~OfI. 1.fl~.":.~1l.~..lI!lJ.t...~~.~.I~n.IQ~~:I"'~.~~...~'?~~ lIIl.n~~m~.~~...~I1...P.~~...~~~'1...~..~~...'!~~.\l~..~~e.~~:~I1.!n"~R!...~.fle.~"~...I)!..~.()z.!lS...~tJ.r:r:tl.~t1m~~.I:'.d."...,. undO.. t.nw '.. h' . f' . 11" ". I' " 1 1 I' I f 1 I I I f .._______._____.._......_m.~..'.___u__nm...'.' erCllla ter ea Cu pipe tile, U!l( cr ~l.t1( across t 1C ng 1t 0 way an< tt'nc (!' or atH 0 I 1"1 C'.. S" '. s" .A610 I- 74 . I Cet'lll91' t lC '\.a1 way ompany at Its urvey tatlon Nt'j._______ho_______m. sltuatcc at or Ileac.._ ..........____..__._.____. ..________.___n...___mnd_.._..___ Station, in ti,e County of.~~~~.'..m..._.n......._. and State of Indiana, for tlle purpose of conveyillg.~.ll~~_.um...nm..n . . . . -.. ..____n___n...n..___.~...___. ..M..____.._.___..___n_..___n________________n_______._____..o__.oou.__n...._.___. ____n__h..___nn_nnn...______._____________n.nn__ nO._._uA_ . . , . . . , .._.n_______....______.~_.____.,.:...-_---_-.---___-_--------...._-----________________; which said lict'llse, 11111e55 sooner terminated in a mallllcr hereinafter provided, is for the te:m oL~mlll'~""""''''''h'' COnlllll'lIcill/.: 011 the . let day o[..~.Ol'.f~:rb~.I'.....n....m.. lq.Q_____, and thereafter from year, to year ~ntil terminated by any party or parties hereto by giving the other p~lrty or parties hereto n~tice in writing of election to terminate at least ninety (90) days prior to the cnd of any sl1ch yearly period. IN CONSIDERATION OF SAID GRANT LICENSEE COVENANTS AND AGREES WITH THI;; RAIL- WAY COMPANY AS FOLLOWS: 1. The authorized location of sai9 pipe line (unless all(( until changed as hcrcill:l fter provided) is indicated Oil the print attached hereto, identified by the signature of an allthorized representative of the Railway Company, and hereby. made a part hereof. Said pipe line shall be used by Licensee for the conveyance uf the liquid, gas or other substance above stated, and for no other purpose whatsoever without the written pcrmis!'ion of the Railway Company. Any pipe, culvert, box or other facility which encases, covers, supports or protects the pipe, tile. line, sewcr or other conduit pro- vidc::d {or the actual conveyance of liquid, gas or other substance, and all olher facilitics and equipment which arc nl1xil~ inry or appurtenant to such pipe, tile, line, sewer or other conduit, shall he deell1cd a part of said pipe liue for the purposes of this agreement, and shall be subject to the terms and conditions hereof. Licensee shall procure all necessary public authority for the exercise of the .license herein granted, and shall. upon re'lnest, furnish the Railway Company with a duly certified copy thereof. . . Twen~..n~ . 2. LIcensee agrees to pay the Railway Company the Stnn of n_.nm..m...m.m....mmn.m.._':nn.......m. .mm..n..m..Dollars ($nm~!~_.n...._.n) upon the execution of this agreement. anel a rental (If.........~.~~....m....nn..nnm ...m........nmDollars ($...:_8.~._.__...:_) per _~_~_.._._n.._n.._. payable in advance. on then~~.~.nn~.day oL.!:~~."~!._...mn.nnm._ each .~!!!_...m.____ 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 linc, and agrees that i[ the Raihvay Company [or any reason whatsoever shall payor be required to pay any such tax(.'s or as!'cS5I1lCnts, Licensee wilt reimhurse the Rail. war Company therefor within. twenty (20) days after rendition of hill. Licensee. agrees that he will not, by any act or 01111SSlOn, c~use o~ suffer any hen of ~ny kmd to attach to the prennses of the RaIlway Company; that he will promptly cause any hen w~'ch may ~ttach to said premises by reason 0 f any act Of OlllissiOti on his part to be fully removed alld re4 le~sed; and. that If the,Rallwa~ Company for any reason whatsoever shall payoff or be rcqnired to payoff any such lien, Licensee will reimburse the Railway Company for all costs and expense so incurred by the Railway Company within twen- ty (20) days after rendition of bill therefor. . 3. Licensee sha.lI construct said pipe line in acc<;rdance with plans approved by the Railway Company. Said pipe lme ~hall be 9f the kind and .cha~acter of matenal spcctfi.cd herein, if and to the extent that any such spccilicalion is madc herem; and, m any event, said pipe line shall be comprised of material or materials which arc good and sufficient and shall be ~? .eonstructed, ?perate~, .m.aintained an~ kept ~y Lieen~ee that any and all tracks, driveways, structures ~nd other faclhttes abov.c or In the vlclmty thereof Will not tn any wISe be rendered insecure or unsafe Unless otherwise specified hereiu, said pipe liue shall be so laid that the top of all parts thereof shall be at least thr~e (I) 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 ~ottom 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 prem- ises of the Railway Company. 4. Li,censee 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 anj ordinances and all rules, regnlations 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 perform 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, howe\'er, that in the event it becomes necessary to give emergen- cy attention or make emergency repairs to said pipe line, Licensec 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, inspection, maintenance, repair, renewal, alteration, rcloca~ 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 rolling 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 pt:rform all such work in such manncr, consist.cnt with safety, as will cause 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 restore, to the satisfaction o[ the Railway Company, any 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 sllch work, antI will leave said premises in a Ileat ami clean cOIH1Hioll; 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 and all other work con- templated or required herein to be performed by him, at his own expense. S. If, in the judgment of the Railway Company, any construction, maintenance, repair, renc\val, alteration, reloca- tion, removal or other work on or with respect to said pipe line shall make it necessary or desirahle for the Railway Com- pany to have an engineer or other representative on hand, or to provide a watchman Of watchmen to protect the t1love~ 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 reimburse the Railway Company for all costs anel 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,lI he 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 bave 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 Railway Company for all costs and expense sa. incurred by the Railway Company within twenty (20) days after rendition of bill therefor. . 6. It is understood and agreed that the Railway Company reserves the right to make any and all changes which it may deem necessary 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 author- ize others to make, such use of said premises as it may desi re. .]11 the event of any sHch. change or proposed change on or in the use of said premises, Licensee shall, upon notice fronl' the Railway Company so .to .do, and within sttch ti111~ as the Railway Company shall specify, make stich changes in said pipe line as may he necessary to make it conform, it: its relation to the change made or to he made on or ill the use of said premises of the Railway Company, ,....jth the tenl1!) and conditions hereof. If Licensee shall fail to make such changes in saiel pipe line within the time specified by the Rail. way Company, the Railway Company shall have the right, if it so elects, to makesneh changes in said pipe line at thr. expen!'c of Licensee; and Licensee agrees to reimhl1rse the Railway Company for all costs and expense so incurred by it within twenty (20) days after rendition of bill therefor. Wbene",;r. in the jndgment of the Railway Company, the ex- istence or operation of said pipe line shall unreasonahly interfere with any change or proposed chal.lge in its business or operation, or in the line, grade, tracks, number of tracks, driveways, structures or other facilities on saiel premises of the Railway Company, or with the use or any proposed use of said premises, and, in the judgnient of the Railway Company. such interference cannot be avoided by raising or lowering, or hy making other changes in, said pipe Iinc, 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 provided, the Railway Company shall have the right, anything herein to the contrary notwithstanding, to terminate this license by giving Licensee thirty (30) days' notice in :vriting o( the .Rail.way C;ompany's election so t? do. If the l~ailway Company shall provide another location on its prcm. ,Ises for Sald pIpe hne, L~censee shall, upon notIce from the Rallway Company so to do, and within such time as the Rail. 'way .Comp~ny shall specIfy, relocate said pipe line at such new location ami make it conform, in its relation to such nelv . l?eatlOn, wIth the tern;s and conditions hereof; and the terms and conditions of this agreement shall apply to said pipe ,ime at such new locahon as fnlly and with the same effect as if -snch 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 ex' tensIOn ~her~of ~eyond the premises of the Railway Company, and of any consequent loss of liquid, gas or other substance from ~ald plp~ hne, or from any such extension, which may be caused, directly or indirectly, by (a) the operation or lo- comotives, trams, cars or other rolling equipment by the Railway Company, or by others on. its premises, (h) nl1Y dcrail~ me~lt, wreck or other accident involving any such locol11otiv(~. train, car or equipment. or (c) COllstrllclioll, inspectioll. m.3mtcnancc, repair, renewal or other work conducted on Or al)(>1It 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 a1l1055, d~mage, costs, expense, settlements, judgments, decrees, a\\'ards and c1aillls of every kind and ch.aracter arising from or growing o~t of, directly or indircctly, (a) the construction, existcnce, condition, \lse, oper- ation, 1l1spec:tion, maintenance, repair, renewal, alteration, relocation or removal of said pipe line, or of any extension thereof beyond the premises of the Railway Company, (b) injnry 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 above-mentioned work or matters, (e) any failure of, or break or defect in, said pipe line, or any extension thereof beyond the premises of the Railway Company, (f) any liquid, gas or other substance 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 violatiou by Licensee, or by auy of his agents or employes, of any term or provision of this agreement. The foregoing provisions of this paragraph shall apply regardless of any negligence of the Railway Company, its successors or assigns. 8. 1n 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 default for a period of thirty (30) days after notice in writing thereof is given by the Railway Company 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 the Railwny Company may desire to give to Licensec 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 communication is given by mail,it shall be considered 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, 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. Jf Licensee. shall fail to remove said pipe line and restore said premises within said time, the Railway Company shall have the right, at the expense 0 f 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. ~o restore its premises; and Licensee agrees that he will reimlmrse 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 construed 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 per<ons or corporations, the covenants and agreements of the Licensee herein contained shall be the joint and several obligations of each of such 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 als? inure to and be binding upon the heirs, executors, administrators, legal representatives, successo~s and assigns of the Ltcensee, 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 syste!" of which sa~d pipe line may be a part or WIth which said pipe line may be connected; provided, however, that any aSSIgnment of tillS agreement by Licensee made without the written consent of the Railway Company shall not be binding upon the Railway Company. 15. Opea t.o1WbSDa bot. pamlt\f,<l elO\lf!r ttl/ln etl1ht. ((J) f""to from t.he Cf':nter llnM of tU tnCllat. " , "'. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ATTEST: FREDA l. EVANS ._......---.....~;?:i~?-S~~ret;,;y........ ATTEST:''',' (I!, LICEN~EE IS ,^ CORP~R^TlON) /s/ ~~rtha Ferrin ___..____...._.~.-----.-.-.-------.-.--..---.---.n-- Secretary APPROVED: . _d_____________________________________...._____ Operating Department ----..----.----..-.-------------.--------------.----------_.--- Engineering Department ---.------------------------------------------------.---- Traffic Department ~.:ud:;a~-.... u - Law Department 1 ) CHICAGO, INDIANAPOLIS AND LOUISVILLE RAILWAY COMPANY By__......___lsL.\;...__A..__.Bick..m.__...__m__.......m__...__.____....._ Vice President. 1'H.f!i.. .1'..;+!'!t-.-1If-.-Gf-,H1SL-m--------.mm.......--.....--..m--...--.--- III __......__I4__"f...,__K.....Hinshaw...___....m__..__...__..__m.__.__ __n__.________....._.____...._..n.dU_______..._______._____.__nn.____.n_____U_.. Vv'itncsses to execution by Licensee: _________.....____________.__________.__________________h____nn_.n_n_u._____.___ Address __________m.__________________________________mm___m_______._____ ___._._.nn___._________u..n_dn._________...._n_n._.un_nnn.n__.O_Uu____.._ Add ress ____.._..____.___________.____m_______.____________.._._m____.___ WJt"~m "CHlColGO IND1Hu,rOLlS .HID lOl1lSVtuE U'lW.l.Y CI'll.lrAfl(" IPJ'f~'1 lIuein llle "~m~ "MONOtl R'llRIiAO" '.11..11 boo c"""'.d ~~ h 1~~;II'u,.d '''.,.lof. - (),( , --I ( r'CI I 'f-' . ,.f.) 'I ." ~Y.~ fa..' (':t.J f""' k " COpy /.U~.-::t;:~?,"J s,o 0 ~~M, !3[)7tJ.C; . Contract No. &' s .? () PIPE LINE AGREEMENT THIS AGREEMENT, made this lIt day 01 November '0 , 19_, by , and between MONON .RAILROAD, a corporation, hereinafter called "Rallroad," party of the first part, TOWN 01' CARMEL and whose address is Carmel. Iftdlllna , hereinafter (whether one or inore persons or corporations) called "Licensee," part' of the second part, WITN~~SI1TH: ,That for and in consideration of the covenants and agreenients hereinafter contained to be kept an,d performed by Licensee, the Railroad hereby grants (but pnly to the extent of its right, tille and; interest In the premises affected) unto Licensee a license to construct, operate, maintain, . 10" ..,... malft ene.sed 1ft 08' 01 ao" at..1 ealllnl pipe! (minimum reJlaiilaml.r~ 0 I 'It) wa mal ,SI . II ".eke4 01' bored '"rough .,ade an4 lIeald at eDch end at 1411. PHI,a-UI.' , hereinafter called "pipe line," under and acroSS the right of way and tracks or land of UII)'U Carme' the Railroad at Its Survey Station No. , situated at or near Halnlltoa' water Station, In the County of and State of Indiana, for the purpose of conveying ; which said license, wl1ess sooner terminated in a manner I yur ,., November hereinafter provided, Is for the term of , commencing on the day of to 19 _, and thereafter from year to year wltil terminaied 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) Is indicated on the print attached hereto, ideniified by the signature of an authorized representative of the Railroad, and hereby made a part hereof. Said pipe line shall be used by Licensee for the conveyance of the liquid, 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, 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 procure ,11 necessary public authority for the exercise of the license herein granted, and shall, upon request, furnisll the Railroad with a duly certified copy thereof. &'0. blJensee agrees to pay the Rallroad the sum or ) upon the execution of this agreement, and a rental of Fllty dd No/IOO........... Flneen .tiffiU'of. 00. poll,rs ($ Doll,rs ($ U.OO)per .- ; , payable In advance, on the --1.t- day of 1<ow""...t>e1' each r-. 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 nol, by any act or omission, cause or suffer any lien of any kind to attach to the premises of the Railroad; that he will promptly cause any lien which may attach to said premises by reason of any act or omfsslon on his part to be fully removed and releaRed; and that if the Railroad for any reason whatsoever shall payoff or be required to pay of! .any such lien, Licensee wlll reimburse the Railroad for ail costs and expense so Incurred by the Railroad within twenty (20) days after rendition of bl~1 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 specified 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, maintained and kept by Licensee that any and all tracks, driveways, structures and other facilities above, or In the vicinity thereof wlll not In any wise be rendered Insecure or Ullsafe. 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 sur- face of the ground at all points (Including ditches, If any) on the premises Of Ihe Railroad, 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 Railroad so to do, Licensee shall provide a stop valve or slop valves In said ;llpe 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 thai he will construct, operate, malnlaln, keep, repair 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 Ihe Chief Engineer or division engineer of the Railroad at least flve (5) days' notice In writing of Licensee's Intention to perform any construction, maintenance, repair, renewal, alteration, relocation, removal or olher work on or with respect to said pipe line, and will make arrangements therefor with the Rail- 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 will perform all such work In a manner which will not endanger the operation or safety of locomotives, trains, cars or other rolling 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 cause the least Interference with the use of any tracks, driveways structures or other facilities on the premises of the Railroad: that he will fill 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 replace 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 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 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 watchman or watchmen to protect the movement 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 cosls 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 desirable to give emergency attention 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 judgnlent, the circumstances do not permit the giving of notice 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 twenty (20) days after rendition of bill therefor. 6. It Is understood and agreed that the Railroad reserves the right to make any and all changes V/hlch 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 event of any such change or proposed change on or in the use of said premises, Licensee Shail, 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 io 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 conditions 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 make such changes In said pipe line at the expense of, Licensee; and Licensee agrees to reimburse the Railroad for ,,11 costs and expense so Incurred by It within twenty (20) days after rendltton of bill therefor. Whenever, 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 other 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, such 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 on its premises for said pipe line; but if, In the judgment of 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 the 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 extension thereof 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 matlers, (c) any death resulllng from any such Injury, (d) any act or omission of Licensee, his agents or employes, Incident to or connected with any of the above- mentioned work or matters, (e) any failure of, or break or defect In, said pipe line, or any exlenslon thereof beyond the premises 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 carried 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 defaull for a period of thirty (30) days after notice In writing thereof is given by the Railroad to Licensee, the Railroad may terminate this 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 mall, 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 commwllcatlon 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 ~hl!l~ occur, Licensee will remove said pipe line from the premises of the Railroad and restore said premises within ten (10) days after such termination. If Licensee shall fall to remove said pipe line and restore sald premises within said time, the Rallroad shall have the right, at the expense of Licensee, to disconnect sald 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 Rallroad for all costs and expense so Incurred by It within twenty (20) days after rendition of bill therefor. 11. Nothing In this agreement shnll be construed ns giving Licensee any right, tille or Interest In or to the premises of the Railroad, It being wlderstood and agreed that the grant herein contalned shall be and remaln a license terminable as herein provided. 12. Any walver at any time by the Railroad of any breach of any covenant or agreement of Licensee herein contalned 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 contalned. 13. In the event that Licensee embraces two or more persons or corporations, the covennnts and agreements of the Licensee herein contalned 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 Rallroad, owners or operators of the premises of the Rallroad on which sald 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, fac!lltles or system of which said pipe llne may be a part or with which sald pipe line may be connected; provided, however, that any assignment of this agreement by Licensee made without the written consent of the Rallroad 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: By MONON RAILROAD !sl W. Nuetzel Vice President 'a' ~,Chrt.m.., Secretary ATTEST: (If Licensee Is A Corporation) TOWN or C'ARM!l:r.. Secretary -IlJI-WUUam-E.--P8ttl"ornHle~ President, Board of Trustees APPROVED: Witnesses to execution by Licensee: Is! w. H. Vaught Operating Department III C. W.Farrlllll Engineering Department -I-sl-H.-F-.--ZelI'-8mirster Address un 1st Ave...-B~W~o'!-Car.mel, Ind. Address Traffic Department APPROVED AS TO FORM: 1.1 Fra~.-Yap Bree \ Law Department