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I I I P'J.UDIT ~ l{ J '1-" PL X 940206 Form Approved, A VP-Law Folder No. 02402-07 PIPELINE CROSSING AGREEMENT Mile Post: 215.07, Austin SubdiVISIon Location; San Marcos, Hays County, Texas TillS AGREEMENT ("Agreement") is made and entered into as of November 27, 2006, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporatIon, ("Licensor") and CITY OF SAN MARCOS, TEXAS, a Texas municipal corporation to be addressed at 630 E Hopkins, San Marcos, Texas 78666 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of One Thousand Five Hundred Dollars ($1,500.00). Article n. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the LIcensee the right to construct and thereafter, during the term hereof, to maintain and operate one encased 12" pipeline for transporting and conveymg potable water across Licensor's track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated November 27, 2006 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying potable water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article In. CONSTRUCTION. MAINTENANCE AND OPERATION. The grant of right herein made to the LIcensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is hired by the Licensee to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's current form of Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and an