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Pipeline Crossing 080808 <br />Last Modified: 06/05/18 <br />Form Approved, AVP -Law <br />PIPELINE CROSSING <br />AGREEMENT <br />Mile Post: 93.92, Bonham Subdivision <br />Location: Paris, Lamar County, Texas <br />Project No. 0788122 <br />THIS AGREEMENT ("Agreement") is made and entered into as of March 21, 2023, <br />("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware <br />corporation, ("Licensor") and CITY OF PARIS, a Texas Municipal Corporation to be addressed at 50 <br />West Hickory Street, Paris, Texas 75460 ("Licensee"). <br />IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: <br />Article 1. LICENSOR GRANTS RIGHT. <br />A. In consideration of the license fee to be paid by Licensee set forth below and in further <br />consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to <br />Licensee the right to construct and thereafter, during the term hereof, maintain and operate an <br />underground 12 inch plastic pipeline crossing encased in an 18 inch steel casing for transporting water <br />only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's <br />Facilities") across Licensor's real property, trackage, or other facilities located in Paris, Lamar County, <br />State of Texas ("Railroad Property"). The specific specifications and limited purpose for Licensee's <br />Facilities on, along, across and under Railroad Property are described in and shown on the Print and <br />Specifications dated March 20, 2023, attached hereto as Exhibit A and made a part hereof. <br />B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for an <br />underground 12 inch plastic pipeline crossing encased in an 18 inch steel casing for transporting water, <br />and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether <br />such use is currently technologically possible, or whether such use may come into existence during the <br />life of this Agreement. <br />C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery <br />depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital <br />Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, <br />it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said <br />manner. <br />Article 2. LICENSE FEE. <br />Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License <br />Fee of Four Thousand Four Hundred Sixty Dollars ($4,460.00). <br />Article 3. TERM. <br />This Agreement shall take effect as of the Effective Date first herein written and shall continue <br />in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF <br />LICENSEE'S FACILITIES" Section of Exhibit B. <br />Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 N. (402) 501-0340 <br />