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Res 1991-008
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Res 1991-008
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Last modified
7/12/2007 4:21:03 PM
Creation date
7/12/2007 4:21:02 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1991-8
Date
1/28/1991
Volume Book
101
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<br /> Folder No. 1363-66 <br /> PIPELINE AGREEMENT <br /> CROSSING <br /> Mile Post 207.10 Austin Sub. <br /> San Marcos, Hays County, Texas <br /> THIS AGREEMENT is made and entered into as of thê 29En day.of <br /> ,T;:¡nn;:¡ry , 19...J2.L, by and between MISSOURI PACIFIC RAILROAD COMPANY, <br /> a Delaware corporation, (hereinafter the Licensor) and CITY OF SAN MARCOS, a <br /> Texas municipal corporation, of 630 E. Hopkins Street, San Marcos, Texas <br /> 78666 (hereinafter the Licensee). <br /> IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: <br /> Article 1. LICENSE FEE. <br /> Upon the execution of this Agreement, the Licensee shall pay to the <br /> Licensor a license fee of five hundred dollars ($500.00). <br /> Article 2. LICENSOR GRANTS RIGHT. <br /> In consideration of the license fee to be paid by Licensee and in <br /> further consideration of the covenants and agreements herein contained to be <br /> by the Licensee kept, observed and performed, the Licensor hereby grants to <br /> the Licensee the right to construct and thereafter, during the term hereof, to <br /> maintain and operate a water pipeline crossing (hereinafter called the <br /> Pipeline) in the location shown and in conformity with the dimensions and <br /> specifications indicated on the attached print dated August 6,1990, marked <br /> Exhibit A. <br /> Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. <br /> <br /> The grant of right herein made to the Licensee is subject to each <br /> and all of the terms, provisions, conditions, limitations and covenants set <br /> forth herein and in Exhibit B, hereto attached. <br /> Article 4. IF WORK IS TO BE PERFORMED BY CONTRACTOR. <br /> If a contractor is to do any of the work performed on the pipeline <br /> (including initial construction and subsequent relocation or substantial <br /> maintenance and repair work), then the Licensee shall require its contractor <br /> to execute the Licensor's form Contractor's Right of Entry Agreement. <br /> Licensee acknowledges receipt of a copy of the Contractor's Right of Entry <br /> Agreement and understanding of its terms, provisions, and requirements, and <br /> will inform its contractor of the need to execute the Agreement. Under no <br /> circumstances will Licensee's contractor be allowed onto Licensor's premises <br /> without first executing the Contractor's Right of Entry Agreement. <br /> PL X 890707 <br /> Form Approved, AVP-Law <br />
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