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<br />I <br /> <br />I <br /> <br />I <br /> <br />, <br /> <br />23. <br /> <br />~ , <br /> <br />^ Up. TT' <br />11 L-.. J. <br /> <br />~3q4(..l1 <br />""":J'-" "'..., ,-J <br /> <br />PL X 940206 <br />Form Approved, A VP-Law <br /> <br />Folder No. 02364-21 <br /> <br />PIPELINE CROSSING <br />AGREEMENT <br /> <br />Mile Post: 208.8, Austm SubdIvision (Track #2) <br />LocatIon: San Marcos, Hays County, Texas <br /> <br />THIS AGREEMENT IS made and entered mto 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 Engineenng <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 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 in further consideration of the <br />covenants and agreements herein 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 />maintain and operate only an <br /> <br />encased 27.95" wastewater pipeline crossmg (hereinafter the "Pipelme") <br /> <br />m the locatIon shown and m conformity WIth the dimensions and speCIfications indIcated on the attached <br />pnnt dated December 29, 2005, marked Exhibit A. Under no circumstances shall Licensee modify the <br />use of the PIpeline 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 durmg the life of thIs Agreement. <br /> <br />Article III. <br /> <br />CONSTRUCTION. MAINTENANCE AND OPERATION. <br /> <br />The grant of nght herein made to the LIcensee is subject to each and all of the terms, provisions, <br />condItIons, hmItatIOns and covenants set forth herem and in 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 Pipelme (mcluding initial 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 />