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<br /> - <br /> IO3 <br /> UNION PACIFIC RAILROAD COMPANY <br /> CONTRACTS & REAL ESTATE DEPARTMENT <br /> RD. UHRICH m J. A. ANTHONY <br /> ASSIST ANT VICE PRESIDENT DIRECTOR-CONTRACTS & <br /> JOINT FACILITIES' <br /> D. D. BROWN <br /> ROOM 1100. 1416 ooDGE STREET DIRECTOR-REAL ESTATE <br /> OMAHA. NEBRASKA 68179 J. l. HAWKINS <br /> (402)271.3753 DIRECTOR-OPERATIONS SUPPORT <br /> FAX (402) 271.5493 D. H. lIGHTWINE - <br /> DIRECTOR-REAL ESTATE <br /> EXTENSION LEITER AGREEMENT W. R. ULRICH <br /> DIRECTOR-BUILDING SERVICES <br /> February 6, 1995 <br /> Folder No. 691-76 <br /> CITY OF SAN MARCOS <br /> 630 EAST HOPKINS <br /> SAN MARCOS TX 78666 <br /> Dear Sirs: <br /> Under date of March 1, 1985, Missouri Pacific Railroad Company ("Licensor") and the City of San Marcos ("Licensee"), or <br /> their predecessors in interest (if any), entered into an agreement, copy attached hereto, identified in the records of the Licensor as its <br /> Audit Nwnber KT36785 (hereinafter "Basic Agreement"), covering two 60" coITUgated metal storm drainage pipes at Mile Post <br /> 51.7 at or near San Marcos, Texas, which will expire by its own terms on February 28, 1995. <br /> Effective as of March 1, 1995 it is agreed by and between the parties hereto as follows: <br /> Subject to the termination provisions contained in the Basic Agreement, the term of the Basic Agreement is hereby <br /> extended for an indefinite term commencing as of March 1, 1995, and that all the terms and conditions of the Basic Agreement, as <br /> heretofore or herein supplemented and/or amended (if applicable), shall remain in full force and effect during the extended term. <br /> The Licensee shall pay to the Licensor a one-time fee of THREE HUNDRED DOLLARS (5300.00) in advance, in lieu <br /> )f annual rental. <br /> In compliance with the Internal Revenue Services' new policy regarding their Form 1099, I certify that 43-1118635 is the <br /> Railroad Company's correct Federal Ta.xpayer Identification Nwnber and that Missouri Pacific Railroad Company is doing business <br /> as a corporation. <br /> The Basic Agreement may be terminated by either party on 30 days' written notice to the other party. <br /> Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of <br /> extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. <br /> Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hournwnber) to determine if fiber optic cable is buried anywhere on <br /> the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, <br /> arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any <br /> work on the Licensor's premises. <br /> In addition to other indemnity provisions in this Agreement, the Licenses shall indemn.ü.y and hold harmless the Licensor <br /> :lìom and against all costs, liability and expense whatsoever (including, without limitation, attorney's fees, court costs and expenses) <br /> arising out of any act or omission of the Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any <br /> extltI.doc Page 1 of2 February 6, 1995 <br />