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<br />-0-~l illZ-jqa <br /> <br />CROEPL.DOC 940201 Folder No. 1636-87 <br />Fonn Approved, A VP-Law <br /> <br />CONTRACTOR'S RIGHT OF ENTRY AGREEMENT <br /> <br />THIS AGREEMENT is made and entered into as of the 12th day of January , 199 L, <br />by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation (hereinafter referred as the <br />"Railroad"); and Du-Mor Enterprises a <br />T e x a s corporation (hereinafter referred to as the "Contractor"). <br /> <br />RECITALS: <br /> <br />The Contractor has been hired by the City of San Marcos for the purpose of constructing <br />(hereinafter "work") an underground 8" water pipeline crossing on property of the Railroad at or <br />near Mile Post 208.47, at or near San Marcos, Texas. <br /> <br />The Contractor has requested the Railroad to permit it to perform the work and Railroad is <br />agreeable thereto, subject to the following terms and conditions. <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: <br /> <br />ARTICLE 1 - ADMINISTRATIVE HANDLING FEE <br /> <br />Upon the execution of this Agreement, the Licensee shall pay to the Licensor a one-time administrative handling <br />fee of FIVE HUNDRED DOLLARS ($500.00). <br /> <br />ARTICLE 2. <br /> <br />DEFINITION OF CONTRACTOR <br /> <br />For purposes of this' agreement, all references in this agreement to the Contractor shall include the Contractor's <br />contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. <br /> <br />ARTICLE 3. <br /> <br />RIGHT GRANTED: PURPOSE <br /> <br />The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to <br />each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress <br />from the property described in the Recitals hereof and as shown on the attached print dated December 16, 1997, <br />marked Exhibit A for the purpose of performing the work described in the Recitals above. The right herein granted <br />to Contractor is limited to those portions of the Railroad's property specifically described herein, or designated by <br />the Railroad representative named in Article 4. <br /> <br />ARTICLE 4. <br /> <br />TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1 <br /> <br />The terms and conditions contained in Exhibits B and B-1, heretoattached,are hereby made a part of this <br />agreement. <br /> <br />croepl.doc <br /> <br />Articles of Agreement <br />Page I 00 <br /> <br />December 16, 1997 <br />