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<br /> 20 <br /> UNION PACIFIC RAILROAD COMPANY <br /> CONTRACTS & REAL ESTATE DEPARTMENT <br /> B. W. ZANDBERGEN J. A. ANTHONY <br /> ASSISTANT VICE PRESIDENT DIRECTOR-CONTRACTS <br /> D. D. BROWN <br /> DIRECTOR-REAL ESTATE SALES <br /> ROOM 1100, 1416 DODGE STREET D. H. LlGHTWINE <br /> OMAHA, NEBRASKA 68179-1100 DIRECTOR-FIELD OPERATIONS <br /> (402) 271-3753 October 10, 1991 R. F. NIEHAUS <br /> FAX (402) 271-5493 DIRECTOR-SPECIÞ.L PROJECTS <br /> W. F. SOMERVELL <br /> DIRECTOR-JOINT FACILITIES <br /> Folder: 691-72 <br /> CITY OF SAN MARCOS <br /> 630 E HOPKINS <br /> SAN MARCOS TX 78666 <br /> Gentlemen: <br /> Under date of March 1, 1982, Missouri Pacific Railroad Company <br /> ("Licensorn) and the Ci.ty of San Marcos ("Licensee"), or .their predecessors in <br /> interest (if any), entered into an agreement identified in the records of the <br /> Licensor as its Audit Number KT34630 (hereina£ter "Basic Agreement"), covering <br /> a sewer pipeline crossing at Mile Post 988.47, San Marcos, Texas, which will <br /> expire by its own terms on February 29, 1992. <br /> Effective as of March 1, 1992, it is agreed by and between the <br /> parties hereto as follows: <br /> Subject to the termination provisions contained in the Basic <br /> Agreement, the term of the Basic Agreement is hereby renewed and/or extended <br /> for an indefinite term commencing as of March 1, 1992, and that all the terms <br /> and conditions of the Basic Agreement, as heretofore or herein supplemented <br /> and/or amended (if applicable), shall remain in full force and effect during <br /> the extended term. <br /> The Licensee shall pay to the Licensor a one-time fee of six hundred <br /> dollars ($600.00) in advance, in lieu of the sum heretofore stipulated. <br /> Fiber optic cable systems may be buried on the Licensor's property. <br /> Protection of the fiber optic cable systems is of extreme importance since any <br /> break. could disrupt service to users resulting in business interruption and <br /> loss of revenue and profits. Licensee shall telephone the Licensor at <br /> 1'-800-336-9193 (a 24-hour mm:iber) to determine if fiber optic cable is buried <br /> anywhere on the Licensor's premises to be used by the Licensee. If it is, <br /> Licensee will telephone the telecommunications company(ies) involved, arrange <br /> for a cable locator, and make arrangements for relocation or other protection <br /> of the fiber optic cable prior to beginning any work on the Licensor's <br /> premises. <br /> In addition to other indemnity provisions in this Agreement, the <br /> Licenses shall indemnify and hold harmless the Licensor from and against all <br /> costs, liability and expense whatsoever (including, without limitation, <br /> attorney's fees, court costs and expenses) arising out of any act or omission <br /> of the I.icensee, its contractor, agents and/or employees, that causes or <br /> contributes to (l) any damage to or destruction of any telecommunications <br /> system on Licensor's property, and (2) any injury to or death of any person <br /> employed by or on behalf of any telecommunications company, and/or its <br />