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<br /> Form 20021 10/74 51
<br /> PIPE LINE LICENSE
<br /> THIS INSTRUMENT, executed in duplicate, October 10 , 1984 , WITNESSETH:
<br /> The undersigned Carrier hereby grants, but on solely the herein expressed terms and
<br /> conditions, aId the undersigned Licensee ( a Municipality ),
<br /> (individual, copartners or corp. & state where incorporated)
<br /> to be addressed at c/o Dept. of Public Works. 630 E. Hopkins. San Marcos. Texas 78666 ,
<br /> hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying
<br /> the Licensee's own one certain proposed
<br /> f> t (number) (proposed or existing)
<br /> continuous liner~' f P.V.C. pipe, 15 inches in diameter, and appurtenances,
<br /> including 60' of welded steel casing. 24" in diameter , herein called Pipe Line, on
<br /> t.he Carrier's property, herein called Premises. Pipe Line will be used to convey
<br /> snitary sewage
<br /> . Pipe Line shal¡ intersect Carrier's existing
<br /> main track , in at Mile Post 210.6. Engineer's x~gxS58tXÐ~xXXxxxxxxx~
<br /> (track or right of way) Chainage Station 11224+62
<br /> ~¥xxxxxxxxJxR¥xxxxxxxxJxx Hays , Texas , atxe1: near San Marcos .
<br /> (county 81'x¡gJ!illn) (state) (place)
<br /> Approximate location of Pipe Line is indicated by heavy blue line on
<br /> Exhibit A attached hereto as part hereof.
<br /> 1. Licensee shall at all times keep Pipe Line in good state of repair. All work by
<br /> Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall
<br /> furnish or do at Licensee's own cost and responsibility any and all things and when and
<br /> as from time to time required to accomplish whätsoever the Licensee attempts or is bound
<br /> to do at any time hereunder. Licensee shall adjust Pipe Line to any physical change as
<br /> made at any time in any of Carrier's property; at all times keeping upper surface of Pipe
<br /> Line at least five and one-half feet below bottom of rail thereover.
<br /> J¡¡ig8E.888xBkatiixBmB8x~8xi.ineJxÌl8førexÈlB:bgxu8Iàxfen&1'qtÈi».gX~1Q£;¡'snn-Èl~xtmxEmú'mrmxx
<br /> BaÈlstastiaiiyxtexExki.ÈlitxixattuiœlàxiœntmxatBxpartxiœnmfx Said things, including the
<br /> time and manner of doing any work, each shall conform to the requirements of Carrier as
<br /> well as of any State, Federal or Municipal authority. Carrier may acting for Licensee
<br /> furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required
<br /> of Licensee at any time, either shall not be furnished or done within ten days following
<br /> Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request;
<br /> and Licensee on request shall in advance deposit with Carrier the estimated cost thereof.
<br /> If deposit be less than actual cost, Licensee shall pay the difference; if more, Carrier
<br /> shall repay difference.
<br /> Licensee when returning this license (signed) shall pay to Carrier FIVE HUNDRED
<br /> dollars for the license granted herein. Any other payment shall be made within twenty
<br /> days following receipt of bill. Licensee shall pay cost to Carrier for all labor, includ-
<br /> ing wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates
<br /> to point of use, plus taxes and usual railroad additives. No provisions of this paragraph,
<br /> nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee of any
<br /> responsibility or liability.
<br /> 2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against
<br /> all claims, suits, damages, costs (including attorneys' fees), losses and expenses, in any
<br /> manner resulting from or arising out of or in connection with the laying, maintenance,
<br /> renewal, repair, use, existence or removal of Pipe Line, including the breaking of the
<br /> same or any leakage therefrom,jand (b) assœme all risk of loss or damage to Pipe Line and
<br /> the contents thereof regardless of how caused and regardless of any negligence on the
<br /> part of Carrier, or otherwise.
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<br /> I * -- except when solely caused by Carrier's negligence
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