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<br />173. <br /> <br />PL X 940206 <br />Form Approved, A VP-Law <br /> <br />4\ \JDlT - <br /> <br /> <br />Folder No: 02075-62 <br /> <br />PIPELINE CROSSING <br />AGREEMENT <br /> <br />Mile Post: 209.610, Austin Subdivision/Branch <br />Location: San Marcos, Hays County, Texas <br /> <br />THIS AGREEMENT is made and entered into as of April 11, 2002, by and between UNION <br />PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY <br />OF SAN MARCOS, a Texas municipal corporation, whose address is 630 East Hopkins, San Marcos, <br />Texas 78666 (hereinafter the "Licensee"). <br /> <br />IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS <br />FOLLOWS: <br /> <br />Article I. <br /> <br />LICENSE FEE <br /> <br />Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee <br />ofTEN THOUSAND EIGHT HUNDRED EIGHTY-THREE DOLLARS ($10,883.00). <br /> <br />Article II. <br /> <br />LICENSOR GRANTS RIGHT. <br /> <br />In consideration of the License Fee to be paid by the Licensee and in further consideration of the <br />covenants and agreements herein contained to be by the Licensee kept, observed and performed, the <br />Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to <br />maintain and operate only a <br /> <br />15" waste water pipeline crossing (hereinafter the "Pipeline") <br /> <br />in the location shown and in conformity with the dimensions and specifications indicated on the attached <br />print dated April 5, 2002, marked Exhibit A. Under no circumstances shall Licensee modify the use of <br />the Pipeline for a purpose other than the above-mentioned, and said Pipeline shan not be used for any <br />other use, whether such use is currently technologically possible, or whether such use may come into <br />existence during the life of this Agreement. <br /> <br />Article III. <br /> <br />CONSTRUCTION, MAINTENANCE AND OPERATION. <br /> <br />The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, <br />conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. <br /> <br />Article IV. <br /> <br />IF WORK IS TO BE PERFORMED BY CONTRACTOR. <br /> <br />If a c6ntractor is to do any of the work performed on the Pipeline (including initial construction <br />and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its <br />