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, 35 R D. UHRICH UNION PACIFIC RAILROAD COMPANY J. A. ANTHONY ASSISTANT VICE PRESIDENT CONTRACTS & REAL ESTATE DEPARTMENT DIREC,OR.CONïR~CTS & 8- JOINT FACILITIES ROOM 1100, 14'6 DODGE STREET 0 D. BROWN OMAHA. NEBRASKA 68179-1100 DIRECTOR-REAL ESTATE - (402) 271.3753 J. L. HAWKINS FAX (402) 271-5493 DIRECTOR-OPERATIONS SUPPORT D. H. UGHTWINE DIRECTOR-REAL ESTATE W. R. ULRICH DIRECTOR-FACILITY MANAGEMENT EXTENSION LETTER AGREEMENT Apri125, 1996 Folder No. 691-77 CITY OF SAN MARCOS 630 E HOPKINS SAN MARCOS TX 78666 Dear Sirs: Under date of October 1, 1986, Missouri Pacific Railroad Company ("Licensor") and the City of San Marcos, Texas ("Licensee"), or their predecessors in interest (if any), entered irlto an agreement, copy attached hereto, identified in the recDrds of the Licensor as its Audit Number KT38163 (hereinafter "Basic Agreement"), covering 12" water pipeline crossing at Mile Post 51.26, San Marcos, Texas, which will expire by its own terms on September 30, 1996. Effective as of October 1, 1996 it is agreed by and between the parties hereto as follows: Subject to the termination provisions contained in the Basic Agreement, the term of the Basic Agreement is hereby extended for an indefInite term commencing as of October 1, 1996, and that all the terms and conditions of the Basic Agreement, as heretofore or herein supplemented and/or amended (if applicable), shall remain in full force and effect during the extended term. The Licensee shall pay to the Licensor a one-time fee of ONE THOUSAND DOLLARS ($1,000.00) in advance, in lieu ,fthe fee heretofore stipulated. In compliance with the Internal Revenue Services' new policy regarding their Form 1099, I certify that 43-1118635 is the Railroad Company's correct Federal Taxpayer Identification Number and that Missouri Pacific Railroad Company is doing business as a corporation. The Basic Agreement may be terminated by either party on 30 days' written notice to the other party. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee v.rill telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor's premises. In addition to other inderrmity provisions in this Agreement, the Licenses shall indemnify and hold hamùess the Licensor from and against all costs, liability and expense whatsoever (including, without limitation, attorney's fees, court costs and e",penses) arising out of any act or omission of the Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any extltr.doc Page 1 of2 April 25, 1996