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<br />122 <br />Form 13 7 <br /> <br />PRIVATE ROAD CROSSING LICENSE <br /> <br />THIS AGREEMENT made this 27 day of April , 19j!l, <br />by and between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called <br />"Licensor," and the CITY OF SAN HARCOS <br /> <br />, hereinafter called "Licensee," <br /> <br />WITNESSETH: <br /> <br />ARTICLE I <br /> <br />1. Term: The term of this License shall be for one year commencing <br />June 1, 1986 , and unless sooner terminated <br />as hereinafter provided, shall continue ~n force until either party shall give <br />the other party thirty (30) days written notice of an intention to terminate the <br />same; said License to terminate upon the expiration of such notice. <br /> <br />2. Location: In consideration of the advance payment of the estimated cost to <br />install said crossing and the annual rental hereinafter set out to be paid by Licensee to <br /> <br />Licensor, Licensor hereby agrees to: <br />install a private 48-foot prefab timber crossing between the ends of Licensor's crossties <br />over its I.C.C. #18 track, and to install a "stop" sign on each side of said crossing at <br />milepost M-985.63, San Marcos, Hays County, Texas, as shown on Drawing No. A-31,262, <br />marked Exhibit "A" I attached hereto and made a part hereof. <br /> <br />ARTICLE II <br /> <br />Licensee owns property on ~ <br />tracks and right of way, and undertakes and agrees: <br /> <br />both <br /> <br />sides of Licensor's <br /> <br />la. Charges: To pay to Licensor as rental for the use of said private <br />crossing the fee of TWO HUNDRED FIFTY AND NO/IOO - - - - - - - - - - - DOLLARS <br />($250.00 ) per annum, payable in advance, the first annual payment to be made <br />contemporaneously with the execution of this License; and to pay to Licensor an <br />additional sum of money equal to 0 per cent per month of the total unpaid <br />rental due above in the event said rental is not received by Licensor within <br />thirty (30) days from the date it is due and payable; <br /> <br />lb. To pay to Licensor for the estimated cost to install said crossing <br />the sum of EIGHT THOUSAND FOUR HUNDRED FIFTEEN AND NO/IOO - - - - - - - DOLLARS <br />($8,415.00). If the actual cost of installing said crossing from end of railroad <br />tie to end of railroad tie shall be more or less than this sum, the difference <br />shall be promptly paid by Licensee or refunded by Licensor as the case may be. <br />