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<br />CONTRACTOR'S AGHEEMt:rlT
<br />W- '1 -q>- 11I_
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<br />THIS AGREDJENT, made this
<br />the MISSOURI-KANSAS-T.GXAS Ri'>..ILROAD
<br />1n called "Railroad" II and
<br />herein called "contractor";
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<br />day of , 1980, by and ootween
<br />COi;jPAl~Y, a Donla".'iaro Corporetion, Firat Part.y~ here-
<br />. second party,
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<br />\j'IT!'JESSETlh
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<br />1. By Agreement dated May 15, 19150, Railroad ~ra.nted to the C1 ty of san Marcos,
<br />a Municipal corporat.ion, hereinafter called 1lLi.'1censee, II a Construction Agreement
<br />giving permission to Licensee to enter upon Railroad's riGht or way to reconstruct
<br />Patton street, hereinafter referred to a3 lIii-a!'1t, II at milepost Ij-986 .92 in san Marcos,
<br />Hays County, Texas.
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<br />2. Licensee has a"'.terad into a Contract with Contractor to perform that portion
<br />of the above doscribed Work across H;:dlroad '6 rli.:;ht or -:my, and
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<br />3. Contractor haa requested IWilroad to pel'.ITtj.t it to enter upon the rieht of way
<br />of Railrood for the purpose of' pGri'orro.ng said ',;ork, nnd Railroa d is agreeable thereto
<br />under the following terms and conditions;
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<br />NOW, THEREFORE, it is mutually agreed ~J eJld between Railroad and Contractor as
<br />follows *
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<br />1. Railroad hereby grants perntl.ssion to Contractor to enter upon Railroad's
<br />right of way for the purpose of perf'orrning the worl< at the lOCation described above;
<br />however; befora entering upon Railroad's right of' \my, Contractor \'Iill eive to Rail-
<br />road's roadmaotar, D. J. Bell \'Ihosa address :13 P. O. Bl)x 9035, San Antonio, Te.x.OB
<br />78204, telephone nurnber 512-225-1521, at least five (5) days' advance notice of any
<br />\'lorI, to be performed upon R.ailrood' s property.
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<br />Contractor shall notify F.Dilroad's roadmaster the date said ''ierk is comnleted.
<br />Upon completion of u<.u.d lJorlc, Contr<:!.ctol' shall promptly remove frcrn. RcLilroad's property
<br />all tools, oquipment and materials placed thereon by the Contractor and Contractor's
<br />agents. Contractor sh:lll restore s~dd property to the SCi!116 state and condition as vJhen
<br />Contractor entc:l;'Cd thoreon" end shallleavo said propcI"ty in a clean and presentable
<br />condition.
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<br />2. Prior to commencement of" any Work upon or adjacent to nailroad 'a property
<br />Wider said Contract, Contractor shi:;1J.l provide R.'lihoad a certified copy of an insurance
<br />policy, terminable only 3.fter t.en (10) days' notice to Railroad, covering the operations
<br />or Contr$ctor in connection with said '"ork, with limits of liahility in said policy not
<br />less than $500,000 for injury to or death of one person i.n any one accident, and
<br />~a.oco"ooo for injury to or death of more thun one person in a..'1~r one accident, with an
<br />aggregate property da.mD.go of ~;5(,O,OOO, 11hich polj.cy shall insure the contractual lia-
<br />bility of Contractor under this Agreement. Alternative~y" Contractor may provide Rail-
<br />road with a Railroa.d ProtectivEl POliCJT lavinG the same li'l1.i.ts.
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<br />J;. Said ,1erk shall be performed in accordance rdth pla.I'lS and specifications
<br />approved by Railroad and in such a manner. and at Buch tines, as shaLl not endangor or
<br />interfere vdth, hirder, interrupt, or delay the operation of R,;'l,ilrald 'a trains, engines,
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