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<br />I <br /> <br />I <br /> <br />I <br /> <br />.. . <br /> <br />15. <br /> <br />AUDIT <br /> <br />239489 <br /> <br />PL X 940206 <br />Form Approved, A VP-Law <br /> <br />Folder No. 02364-19 <br /> <br />PIPELINE CROSSING <br />AGREEMENT <br /> <br />Mile Post: 209.05, Austm Subdivision <br />LocatIOn: San Marcos, Hays County, Texas <br /> <br />TillS AGREEMENT is made and entered into as of December 29, 2005, by and between <br />UNION PACIFIC RAILROAD COMPANY, a Delaware corporatIOn, (hereinafter the "LIcensor") and <br />CITY OF SAN MARCOS, TEXAS, a Texas municipal corporation to be addressed at Engineering <br />Department, 630 E Hopkms, San Marcos, Texas 78666 (hereinafter the "LIcensee"). <br /> <br />IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS 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 />of Two Thousand Six Hundred Eighty Dollars ($2,680.00). <br /> <br />Article II. <br /> <br />LICENSOR GRANTS RIGHT. <br /> <br />In consideration of the License Fee to be paId by the LIcensee and m further conSIderatIon of the <br />covenants and agreements herem contamed to be by the LIcensee kept, observed and performed, the <br />Licensor hereby grants to the Licensee the nght to construct and thereafter, during the term hereof, to <br />mamtain and operate only an <br /> <br />encased 13.2" wastewater pIpeline crossing (heremafter the "Pipelme") <br /> <br />m the location shown and m conformity WIth the dimensions and specificatIOns mdIcated on the attached <br />pnnt dated December 29, 2005, marked Exhibit A. Under no CIrcumstances shall Licensee modIfy the <br />use of the PIpehne for a purpose other than the above-mentIOned, and saId PIpeline shall not be used for <br />any other use, whether such use is currently technologically possible, or whether such use may come into <br />eXIstence dunng the life of tills Agreement. <br /> <br />Article III. <br /> <br />CONSTRUCTION. MAINTENANCE AND OPERATION. <br /> <br />The grant of right herem made to the Licensee IS subJect to each and all of the terms, provlSlons, <br />conditions, hmitatIons and covenants set forth herein and m Exhibit B, hereto attached. <br /> <br />Article IV. <br /> <br />IF WORK IS TO BE PERFORMED BY CONTRACTOR. <br /> <br />If a contractor 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 />contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges <br />receIpt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provIsions, <br />