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., - - 101 UN10N PAC1FIC RA1LROAD COMPANY CONTRACTS & REAL ESTATE DEPARTMENT RO, UHRICH 8 j, A, ANTHONY ASSISTANT VICE PRESIDENT DIRECTOR.CONTRACTS & JOINT FACILITIES ROOM 1100. 1416 DODGE STREET O. O. BROWN DIRECTOR-REAL ESTATE OMAHA. NEBRASKA 68179 j, L, HAWKINS (402) 271-3753 DIRECTOR-OPERATIONS SUPPORT FAX (402) 271-5493 0, H, LlGHTWINE DIRECTOR-REAL ESTATE RENEWAL LEITER AGREEMENT w. R, ULRICH DIRECTOR-BUILDING SERVICES February 6, 1995 Folder No. 691-73 CITY OF SAN MARCOS 630 E HOPKINS SAN MARCOS TX 78666 Dear Sirs: . Under date of October 1, 1984, Missouri Pacific Railroad Company ("Licensor") and City of San Marcos ("Licensee"), or their predecessors in interest (if any), entered into an agreement, copy attached hereto, identified in the records of the Licensor as its Audit Number KT 36520 (hereinafter "Basic Agreement"), covering an 8" drainage pipeline crossing at Mile Post 51.70, which has expired by its own terms on September 30, 1994. Effective as of February 4, 1995 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 renewed for an indefinite term commencing as of October 1, 1994, and that all the terms and conditions of the Basic Agreement, as heretofore or herein supplemented and/or amended (if applicable), shall remain in fiùl force and effect during the extended term. The Licensee shall pay to the Licensor a one-time fee of THREE HUNDRED DOLLARS ($300.00) in advance, in lieu of annual rental. 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 will 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. extltr.doc Pagelof2 February 6, 1995