09.01C Stormwater Basin Encroachment Agreement with MN Power

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LICENSE AGREEMENT FOR STORMWATER BASIN ENCROACHMENT OF 34.5KV LINE NUMBER PWT-531 MINNESOTA POWER, hereinafter Licensor, hereby grants to the City of Pequot Lakes, MN, hereinafter Licensee, the right to encroach within the boundaries of its existing 34.5kV PWT-531 feeder right-of-way, located in the SW/NW, Section 14, T136N, R29W, Crow Wing County Minnesota, for good and valuable consideration received according to the following terms and conditions: 1. The Licensee may cross under Licensor's Distribution lines known as 34.5kV line number 531 as shown on "Exhibit A" attached hereto and made a part hereof. Said License shall be for the South Stormwater Basin for the City of Pequot Lakes Rasmussen Rd 8 South Washington Ave Improvements ("Drainage Basin"). Encroachment Area shall be limited to that part of the Licensor's forty foot wide Easement dated July 28, 1970 and recorded on August 20, 1970 as Document No.A000243175 in the Office of the County Recorder, Crow Wing County, Minnesota. 2. Licensee shall be responsible for obtaining all land rights from the fee landowners. Licensor does not have all assignable land rights in this area and in no way grants to licensee the right to cross lands over which the Licensor has no control. Licensee shall be responsible for all costs involved in construction and purchase of right-of-way of said lines. 3. Licensee shall maintain OSHA/NESC vertical and horizontal working clearances for construction and maintenance equipment working under or adjacent to energized 34.5kV power line and shall comply with all other applicable OSHA regulations, the National Electric Safety Code and the National Electric Code. 4. Licensee assumes all risk of and agrees to indemnify, defend, and hold Licensor harmless from any and all claims for injury or death to persons or damage to property caused by reason of Licensee's exercise of the rights herein granted and releases Licensor from any damage that Licensor's facilities may cause to Licensee's facilities. 5 Licensee shall maintain ground elevation at the base of the existing transmission poles. Licensee's landscaping around the poles shall not exceed a 3 horizontal to 1 vertical slope in any direction and must allow for drainage of water away from the poles. Licensor shall not be liable for damages to any special landscape materials while performing upgrades to or maintenance of the power lines. 6. Licensee shall conduct activity upon Licenso�'s right-of-way in a manner that will not interfere with the rights of the Licensor in the use and enjoyment of Licensor's right-of-way grant or endanger the integrity of the Licensor's power line and associated facilities. 7. Licensee shall conduct activity upon Licensor's right-of-way in compliance with all applicable federal, state and local statutes, rules and regulations, and ordinances. 8. Except as provided in the Drawings, no structures(including, but not limited to light standards and signs) shall be erected within Licensor's right-of-way without the written approval of the Licensor. Location, height, use, and combustibles are examples of concerns reviewed when issuing exceptions. 9. This Agreement is not assignable by Licensee without the prior written consent of Licensor. 10. This Agreement shall be valid until such time as the Licensee shall discontinue the use of, and abandon said Drainage Basin. Licensee agrees to notify Licensor at such time license is no longer required due to discontinued use of said Drainage Basin. DATE: DATE: MINNESOTA POWER CITY OF PEQUOT LAKES BY: BY: ITS: ITS: