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<br />EXHIBIT liB r'
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<br />CONTAACTOR'S AGREEMENT
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<br />THIS AGREEMENT, made this
<br />the MIS SOU HI -KANSAS -TEXAS RAILROAD
<br />in called IIRailroad,1I and
<br />herein called "Contractorll;
<br />
<br />day of , 1980, by and between
<br />OOMPANY, a Dela\'lare Corporation, First Party, here-
<br />, Second party,
<br />
<br />VITTNESSETH:
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<br />1. By Agreement dated May 15, 1980, Railroad granted to the City of san Marcos,
<br />a Municipal Corporation, hereinafter called IlLincensee,,1I a Construction Agreement
<br />giving permission to Licensee to enter upon Railroad's right of way to reconstruct
<br />Patton Street, hereinafter referred to as 1I~'I!ork, II at milepost M-986.92 in San Marcos"
<br />Hays County, Texas.
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<br />2. Li..censee has entered int 0 a Contract with Cont ractor to perform that portion
<br />of the above described v\'ork across Railroad's right of VlaY, and
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<br />3. Contractor has requested Railroad to permit it to enter upon the right of way
<br />of Railroad for the purpose of performing said Work, and Railroad is agreeable thereto
<br />under the following terms and conditions;
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<br />NOW, THEREFORE" it is mutually agreed by and beb/een Railroad and Contractor as
<br />follows:
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<br />1. Railroad hereby grants permission to Contractor to enter upon Railroad's
<br />right of way for the p~ose of performing the work at the location described above;
<br />however; before entering upon Railroad's right of way, Contractor will give to Rail-
<br />road's roadmaster, D. J. Bell whose address is P. O. Box 9035, San Antonio, Texas
<br />78204" telephone number 512-225-1521, at least five (5) days' advance notice of any
<br />work to be perfonned upon Railroad's property.
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<br />Contractor shall notify Railroad's roadmaster the date said Nork is completed.
<br />Upon completion of said iJork, Contractor shall promptly remove from Railroad's property
<br />all tools, equipment and materials placed thereon by the Contractor and Contractor's
<br />agents. Contractor shall restore said property to the same state and condition as when
<br />Contractor entered thereon, and shall leave said property in a clean and presentable
<br />condition.
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<br />2. Prior to conunencement of any Work upon or adjacent to Railroad's property
<br />under said Contract, Contractor shall provide Railroad a certified copy of an insurance
<br />policy, terminable only after ten (10) days' notice to Railroad, covering the operations
<br />of Contractor in connection with said ",Vork, with limits of liability in said policy not
<br />less than $500,OCO for injury to or death of one person in anyone accident, and
<br />$1,000,000 for injury to or death of more than one person in anyone accident, with an
<br />aggregate property damage of $500,000, whic h policy shall insure the contractual lia-
<br />bility of Contractor under this Agreement. Alternatively, Contractor may provide Rail-
<br />road with a Railroad Protective Policy having the same limits.
<br />
<br />3. Said 'ifork shall be performed in accordance with plans and specifications
<br />approved by Railroad and in such a marmer, and at such times, as shall not endanger or
<br />interfere with, hirrler, interrupt, or delay the operation of Railrcad's trains, engines,
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