Laserfiche WebLink
<br />I <br /> <br />I <br /> <br />I <br /> <br />. <br /> <br />27. <br /> <br />239503 <br /> <br />r\UDT'T <br />1 ~ '.1 1 <br /> <br />PL X 940206 <br />Form Approved, A VP-Law <br /> <br />Folder No. 02364-22 <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 />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 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 OfthIS 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 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, durmg the term hereof, to <br />mamtam and operate only an <br /> <br />encased 13.2" reclaImed water pipeline crossmg (hereinafter the "PIpelIne") <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 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 mto <br />eXIstence dUrIng the lIfe of thIS 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, 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 (including Imtial 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 />