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. <..~ . ~ r-- 87 [ PLE.DOC 940207 Folder No. 1414-69 Form Approved, A VP-Law .- REVISED .- . PIPELINE AGREEl\1ENT LONGrruDINALENCROACHMŒNT íRi~f>.2 --- Mile Post 50.6, San Antonio Subdivision Location: San Marcos, Hays County, Texas TIiISAGREEMENTismade and entered into as of the 28th day of November, 1992" by and between MISSOURI PACIFIC R.A.ll.ROAD COI\-IP ANY, a Delaware corporation, (hereinafter the Licensor) and THE CITY OF SAN MARCOS, a municipality to be addressed at 630 E. Hopkins, San Marcos, Texas 78666 (hereinafter the Licensee). . . IT IS MUTUALLY AGREED BY MID BE1WEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE 1 - ADMINISTRATIVE HANDLING FEE Upon the execution of this agreement, the Licensee shall pay in advance to the Licensor a one-time fee in the sum of FIVE HUNDRED DOLLARS (S500.00). ARTICLE 2 - LICENSOR GRANTS RIGHT . In consideratiòn 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 an underground 12" water pipeline crossing and encroachment and a 16" force main crossing and encroachment (hereinafter called the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated October 13, 1995 and marked Exhibit A. ARTICLE 3 - 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, hereto attached. ARTICLE 4 - IF WORK IS TO BE PERFORMED BY CONTR.~CTOR If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's form Contractor's Risilit of Entrv Al2!'eement. Licensee acknowledges receipt of a copy of Contractor's Rililit of Entrv A!2Teement and understanding its term, provisions and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right ofEntrv AlITeernent 141469.plc Articles of Agreement November 14, 1995 Page 1 00