HomeMy WebLinkAbout2006-12-21 Xcel Energy Access AgreementP c E n � r P 10 G � 4w No, 9116 P, 1
XcelEnergy
414NicolCet Mall
Minneapolis, IdIV 5540.E
Fax: 6 12 /330-7656
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TEMPORARY LICENSE AGREEMENT
(King plant Buffer Property)
THIS TEMPORARY LICENSE AGREEMENT, (th "Agreement) effective his
day of December, 2406, is by and between NORTHERN STATES POWER.
COMPANY, a iNZin corp oration, drbl a Xcei Energy (herein-aftex referred to as
"Licensor") and Charles Dougherty and Judith Dougherty, husband an wife, at an address
of 1 5334 58' S treet North O P Heights, MN. 55082 (hereinafter referred to as
"Lic ensee'�.
ITNESSETH
WHEREAS, Licensee desires to use l censor's property depicted on Exhibit "A"
(the'Troperq?') for iran'ous activities as described beloNxr; and
WHEREAS, Li censor is wi ling to p emut L the, use of L.i.cens or's property
on a non - exclusive basis, subj to the terms and condi dons of dais Agre=ent.
NOW, THE FORE in consideration of the mutual covenants and obJi,�ati
set forth herein, Licensor and Licensee agr as follows
Q rant . f Ught of En Licensor hereby grants to Licensee the non -exclusive
right to enter upon and use th property owned by Li.cens or. - Such n*gh.t of enti r is granted
only 'during the time periods listed in this Agreement as set forth in $ec.6on 2 be low, and
only for the purposes set forth in Section 3 below.
Tura, The t errn of tms License (hezeinafte-r "Agreement ") s hall be from D ecem b er
0, ?ooh drat gh, and including, December 2Q, 2016 unless sooner tear noted by Licensor:
Licensor may tern n.ate this Agreement for any reason or no reason bar pro ing Licensee
With ora or w'rtterl fl(Dtice..
3. Allowed. Uses ZRestrictions.
Use of pro perty:
(a) Licensee shall use the Property for:
i . A sand and gravel based asphalt driveway to be used for residential
purposes only,
11. one light pole.
(items in this secdon (a) are hereLnafter referred to as, the Veniutted Use").
(b) The grant to Licensee under par -anaph 1 herein sha..0 extend to Licensee's
errnpl.oyee.s, agents, independent contractors, subcontmctors and su-pp�ers.
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c} Licensee shad. ensure all silage that is located, or insulled on the Property
for the P e rmitted Use will be removed prior to the �p�anon of the
Agreement.
(d) Licensees shall ensure all. of the Property is kept free of rubbish, waste, and
debris and the Proper *ty is kept in a neat, safe and orderly condition.
Licensee shall also ensure that the Property wM be cleaned of any trash or
debris and the Property and the surroun areas will be returned to
Licensor in a c leaned and respectable condition prior to the eKT=' tion of the
Agreement.
The Property shall not be used in any manner or form inconsistent with the
Permitted Use of the Property started herein.
Licensee shall ensure that � aert shall be. no fires or open b 9, include but
ar not Ernited to, 'bon ta'02 c fireworks, cooking f ires , torch
burning an d. op en f.aines on the Proper�,f
Licensee shall ensure that there, s hall be no photographing or fih .g of any
of Licens or's fa.ciEtie s located on or near the Prop edr)r, incl uding Li.cens or.'s
power plant facilities.
(h) The X:icense shall bear the entire cost associated tv the Peruu'tted Use.
4. I Licensee shall purchas and ma.intam' con nercial general liability
insurance coverage in the amo of two million Dollars ($2,000,000) to and wM'
nan-.e Li �;en.sor as an addi insured, which coverage shall, be evidenced by a CerdfiC.ace of
Insurance provided to Licensor prior: to access to and occupation of 'the Property. In
addition, Lice nsee shall main Nvork compensa,don coverage at statutory limits.
CQmP6anc , xvi(h L aws R & RegMIgi At its Bole cost and ex p ense,
Lcensee shad. gi�re all necessary notice - and obtain -L required pernuts :licenses,
authorizations and approvals and shall comply and ensure that all of its employees, agents,
uz d epp en dent con tr, a ctors, su bcontractors, suppliers, invitees and repres enta d -res comply with
all a federal, stare and local laws, ordinances, goy anmental rbles and regulations
reLgdkre to the operations under this Agreement, including hose relating to the presenratio.n
of the public health and safety, employment l aws, environment laws, zoiung, ordinances,
rules and regula6on,s and tho ui.thin the occupational S afety= and Hazaxd Act (OSH-N).
Licensee shall be .liable for any fines or assessments lid thexeunder ag'�.nst Licensee
resulting from its acts or ornissions hereunder:.
6. Safetv, Licensee shall identify all huardou,s and, potenti�dly ha.zaYdous areas on or
about the Prop erg and s h inf its employees, in.depen.dent contractors, subcontractors
suppliers, invitees and. representa titres and members of the public so as to safegu.axd against
aims an all hazards or othex safety risks.
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7. Costs. Licensee shall a"mely pay aE fees, taxes, ova -,es, salan.es and other chaxges and
eXp ergs es in an rn.anner associated with this Agreement,
8. Sec Lcensee shall proNlde all security necessary pu.tsuant to this Agreement,
mcluding that necessax�r for its vehicles, iaprovements, machinery, equipment, fac ties and
supplies. Licensor sha..l1. haire no lia bility for an injury, loss or &znAge arisin out of
Licensee's failure to propexly provide such security.
9. r �n r! r Iothing in this Agreement shall be interpreted or
const ed as a partnership or joint venture between Licensor and Licensee concerning
Licensee's operations on the Proper�r.
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(i) As uSed. in dds Lcense, the term "Clairns" means (1) losses, l abihtles, and
expenses of any kind, �i&iding attorneys' fees; (2) fmes and penalties; (:3)
environmental costs, incluL ng, but not hn - d te d to, invesdgarion, rernotix -al,
remedi , and. resto coats, and consulta and other fees an expenses;
an (4) any an all other costs o expe
{ii) As used in this License, the term "Injury" Means (1) death, personal injuq,
or property deem e; (�) loss of profits or other economic injuiT; (3) disease or
actual or, threatened he Ith effect; and (4) any consequential or other damages,
(b) Licensee covenants and gees to at all tunes protect, M' d emnify, hold harmless,
and defend the T kensor, its director, officers, agents, employee�, successors, assigns,
pa rents, sub .&I es, and affiliates from and aga nst any anal a,ll CLiirns, dfasnages, losses
-and e` pellse , indading attorneys' fees, =' s.ing from (1 this License, (2 ) the
cons truction, exis tence, Maintenance, operation, repair, inspection, ' fcr, iOval,
replacement, or relocation of the dectdc power generation, traasnussion, oY
dis ora; natuzr ps n thering, storage, tra nsmission, or dis ttibution; or an other
u 6hty fatties located on the Property; or (3) th Li censee's or any other person's
presence at the Property as a result of or related to this License.
(c) The Licensee's duty to protea, indenzni4r, hold h=Tdess, and defend hereunder
shat a pply to any and all C s and Injury, including, but not hnn. ted to:
(i) Claims asserted by any person or entity, Mdudin , but not limited to,
employees of the Licensee or jrts contracto-rs, subcont curs, or their
employees;
(E) Claims a.'sing from, or alleged to be arming in any way from., the existence
at or near the Property of (1 elemic power generaion, tran. sn - l.ssion,
distibution, or rebte facili.6es, (2) electricity or el.ectror agneac fields; (3)
natural gas fathering, storage, transr ssion, dis or rd ted facilities; (4)
asbestos or asbestos ca=lm g rnateLial.s; (5) any Hazardous Mateiials,
rega:tdless of origin; or
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(Z) C1 ='s arising from, or aReg -ed to be arisin 1:n any wa from, th acts or
omissions of e L censee, its IrNrltees, ena ployees, licensees, agents,
Con.tractois im ritees and o ther p ersons.
(d.) Licensee unders and agrees tha the obliga trader this s ection
(Licensee obli anon. to Indemni shad sun - rive terra- ination of this
temporaq license agreement.
11. Covenant Not to Sue. Licensee, for itself and its representatives, successors, and
assigns, does hereby cov enant and agree not to sue or brim any action (whether legal or not)
a g-ains t Li.cens or for initnies sus t=* ed to Licensee's person and property or the person an
property of L icensee's employees, agents, independent contractors, sub contractors, ulvat
suppliers, representatives and customers due to or am' ing from or connected directly or
111direct y with Licensee's stated and associ.a•te activities and ptesen.c•e in and about the
rop erty el c•ep t du to Licens grass negligence or w�jlf ul his conduct.
12. L emee's Sole .Risk aid E2!-- - ense. Licensee agrees that use of the Property by the
L i censee l ere ullde,r, . o.r it Ptmpl() ees, �.I[..ense gel , ontL`a :to , uL1bCO�]tr actors, sntr� e s
suppliers and other persons, shall be at the sole r1 sk and expense of Licensee.
1.. i The Prop ert including any improvements thereon, is "as is "..ny
smice to or on:. the Property .shall be at - the sole expense of the Licensee, including, but not
limited to, permits, licenses, fees and any associated costs of "hook -up", and must be.
a pproved by Licens .fin a.dva.nce.
14. • Igor c f l r�1 t ShoOd any - tra.nsnzis sign towers, being a part of Licensor's u.tili. T
fa dli des, exist on the Property, Licensee shad ins tall pro to ctive • b alb rds to be placed around
such em - sting tower :with a span of no less than 10-feet b em - fcen the ballards and the
tower(s), as .f Lactated by Licensor.
15, Distance . „and..,. He iaht Reguirgmen.g, The Licensee shall cons tma and use the
Property so as to s t n the ma..urm distance berween the Permitted Use and the
Licensot's t1ectxic, na=al gas, and/ ar ii�.road .facilities, or other .fries located• on. tie
t ropeft, allm a ble by the height, Width and terrain of the Property. If the Pe w'tted t..fse
cros over or under the Licensor's electric, natal gas, and/ rail - oa d facili6es, the crossing
shall be as directed by the Licensor. Notwithstanding the foregoing, .nurainaurn ve,�cal and
horZontal separations, as directed by the Licensor, shall be rnairta ned on all crossings and
parallel encr
16. Removal and Relocation. The Licensee shall remove at i oixrn ex the
Pen ni.tted Use from the Property, or an7 part thereof, or relocate the same to a different
location on &-e Propetty as toques te•d by the Licensor, if the Pexmitted Use should interfere in
the Licenso sole an a bsolute. discretion, Nvith the operation and mai n ten ance of the
Li..censor's facilities as now or hereafter constructed. In the event that the Licensee's use of the
Property should, in the reasonable Judgment of the Licensor, constitute a, hazard to ah
Licensor fac lities or the general public, the Licensor may regw"se r'nr ediate. removal.,
rei.ocation, or m odification of the Licensed f acll`�r to eliminate such interference or hazard,
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and ma.y suspend &fie Licensee's nght to use the Prop' under this License untl. suc
removal, relocation, or mo dihca.t ion is com
17. L Q t n'aAd3j� The Licensee agrees an understands that the
Licensor has constructed electric p ower gen=don, tran smisslon., distribution, or related
facilities on the Property, the Lscensee has been fully advised by the Licensor that such electrc
facilities may now t and may continue to tran smit electric current at sTwficant voltages,
and that the conductors on electric lines may not be insulated. The Licensee shall a ise all of
its employees, licensees, agents, contractors, subcon.tra.ctors, MN itees, suppliers and other
persons who enter upon the Property, pursuant to the prozr sions of this License, o f the
e and nature of such electric facili and the p otential danger and risk involved,
18. Dis claimer_ of Watranty. . Licensor makes no representation as to the suitability of
.the Property for the Pernutted Use and no such representation., or any other representa
az made by Licens or sh atl b e =' Plied by op e o f law or o rhea l� e. Additionally
Licensor sh:,11 have no responsib.iEty or Lability, of any kind, type, n.a.t ure or description on
account of the fai~luze, cessation or rtennmation of electric senrice to the property; on r;ccount
of inadequate or tmprop er , .runcuon n ; of Ole equipment o f Licens on account of an 7 .
interference, regardless of source, Wid the exception of interference cause b Any of
Licensor's equipment that is not operating within its o-4m specifitc license paramerets, Vrith
signals t- .a.n.szzitted from the equipment of Licensee, of any kind, type, nature or desc.i.ption,
in duc3in g by , way of Mas trati.on b not hr �it:a d.on, loss or da.rnag due to fire., w ater,
windstorm, .hail, lightning, ear thq uake, riot, vandalism, theft:, acts of contractors, acts of
agents or employees or others utilizing rh e . Prop erry, or for any other caus -vvhe Cher
onginating f rom, Within or without the communications system. of the Licensee, Further,
.the Licensor shall ha.lre no liability or responsiblry of any kind, nature or description for
maimenanc.e, repair, restoration or renovation of the equipment of the Licensee.
1 9 , s i n ent. Licens s hall not as sign, s ell, delegate, sub contract ' or oth erwis e
ir�ansfex ore �:utnber in any manner urhatsoever aji of any portion of the rights, dudes or
obligations under this Agreement. Any such transfer or encumbrance, shall be null a nal void
and shal]. permit Licensor to terini.nate this Agreement irnin ediately uithouc wrinen notice.
20. L&&nsofa2qs rved Ri ghts, Lcens or- res erves the right, at any time and from time
to time, to make such user of the Property as it may desire, at its sole discretion and for any
purpose-, including, but not mete to, the construction, operation or maintenance of its
electric poorer generation, transmission or distribution and appurtenant facilities located or
to be located on the PropeMT. In the exercise by Licensor of the foregoing rights, Licensor
will use its best efforts not to unrca.sonably interfere with the Pe.rrr 'acd Use. Hoxxyever,
Licensor shall no t i�l any event be liable for inconvenience, annoyance, disturbance or other
damage to Licensee, or the Permitted Use, by reason of the exercise of the foregoing rights
or any other rights of Licensor, to enter into or use the Property, and the oblipti.ons of
Licensee under d-iis License sh.aE not be affected in any mere
21. En.ounibrances . Licensee shall keep the Property free and clear of any anal all liens
and enc�arnb.rances =sung, or which might an'se, for any reason, out of Licensee's occupancy
and use of the Property,
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22. En 1 re�-=m.�.nj4 This Agreern.ent and Exhibit atutched hereto and by this
reference incorporated herein, consdrute the f and complete undex5tan,din of the pa.r�es
regarding the subject .matter hereof. This A.geement shah supersede and rep ac.e a-. prior or
contemporaneous oral or, wri tten agree aents, corres pondence or unders=dings. Any
modifica or =endment of this Agre=ent mus be made m wasting and ex ecuted by both
parties hereto.
23. A.en � ent- Tads Agreement may be amended only by a w tten amendment
signed by both parties.
24. U*r .. t ns&jIntg , . -rg5t Qrdy, This Lcense does not convey an interest in real property.
Non-Transferable This Lcen.se shall not pass with title to Licensee's
personal property or m' aproxrements an shall not run with the Proper.
26. Gpverm'ng Law. This Agreement shall be construed m' accor dance N7�ith and
governed by the hors of the s tats: c f Col
27, Countegp This Agreerxaent may be. e- 6ecu.ted in any number of coantetpasti, .
each of which shall be as original but aJ. of which together shah constitute one ins trurnent.
28. t Aff die terms, conditioas and covenants of this Agreement shall be
binding and shad i,nnre to the benefit of the successors and assigns of the parties hereto.
END OF AGREEMENT
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IN WITNESS VME .E F the parties hereto havre e::ecuted this Ajreem. e.nt th
dates indicated bel
N ORTHE RAN STATES P C OM PA ,
a Minnesota corp oration, d/ b / a Xcel E-ner r
B
J B i ck
Managm'g Director, Property' Services
.greed to and accepted by the Licens this , day of December, 2006.
CHARLES DOUGHERTY AN JUDITH DOUGHERnra
Flux b grid and Wife
r.twwwr.. ..., •
Charles D "
Tudith Dougher
Agreed to and accepted bv the Licensee this cay of December, 2006,
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