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<br />I <br /> <br />I <br /> <br />I <br /> <br />. <br /> <br />I. <br /> <br />11 . <br /> <br />\ T IT'''"'-Y-r' <br />. ,',_jL.i <br /> <br />23:-J488 <br /> <br />PL X 940206 <br />Form Approved, A VP-Law <br /> <br />Folder No. 02364-18 <br /> <br />PIPELINE CROSSING <br />AGREEMENT <br /> <br />Mile Post: 209.29, Austm SubdIVISIOn (Track #2) <br />LocatIOn: San Marcos, Hays County, Texas <br /> <br />TillS AGREEMENT IS made and entered mto as of December 29, 2005, by and between <br />UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (heremafter the "LIcensor") and <br />CITY OF SAN MARCOS, TEXAS, a Texas mumcIpal corporatIOn to be addressed at Engmeenng <br />Department, 630 E Hopkms, San Marcos, Texas 78666 (heremafter 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 One Thousand Five Hundred Dollars ($1,500.00). <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 />mamtam and operate only an <br /> <br />encased 32" wastewater pIpelme crossmg (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 PIpelme for a purpose other than the above-mentIOned, and said PIpelme shall not be used for <br />any other use, whether such use IS currently technologIcally possible, or whether such use may come mto <br />eXIstence dunng the lIfe of thIS Agreement. <br /> <br />Article III. <br /> <br />CONSTRUCTION. MAINTENANCE AND OPERATION. <br /> <br />The grant of nght herem made to the LIcensee IS subject to each and all of the terms, prOVISIOns, <br />condItIons, lImitatIOns and covenants set forth herem 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 (includmg imtial constructIOn <br />and subsequent relocatIon or substantIal mamtenance 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 understandmg of its terms, proVISIOns, <br />