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<br />I <br /> <br />I <br /> <br />I <br /> <br />86. <br /> <br />PL X 940206 <br />Form Approved, A VP-Law <br /> <br />AUDIT <br /> <br />239687 <br /> <br />Folder No. 02370-51 <br /> <br />PIPELINE CROSSING <br />AGREEMENT <br /> <br />Mile Post: 51.53, Lockhart SubdIvIsion <br />LocatIon: San Marcos, Hays County, Texas <br /> <br />THIS AGREEMENT is made and entered mto as of February 07, 2006, 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 630 E Hopkins, <br />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 Seven Hundred Eighty Four Dollars ($1,784.00). <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 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 12" treated 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 />print dated February 07,2006, marked ExhibIt A. Under no circumstances shall Licensee modify the use <br />of the Pipelme for a purpose other than the above-mentioned, and said Pipeline shall not be used for any <br />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 right herein made to the Licensee is subject to each and all of the terms, proVIsions, <br />condItIons, lImItatIons and covenants set forth herem an4 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 Pipeline (including mItial construction <br />and subsequent relocatIon or substantIal mamtenance and repau 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 />