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2003-159-RES APPROVING/ACCEPTING EXECUTION OF PIPELINE CROSS AGREEMENT WITH UNION PACIFIC RAILROAD
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2003-159-RES APPROVING/ACCEPTING EXECUTION OF PIPELINE CROSS AGREEMENT WITH UNION PACIFIC RAILROAD
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8/18/2006 4:28:23 PM
Creation date
12/29/2003 2:55:31 PM
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CITY CLERK
Doc Name
2003
Doc Type
Resolution
CITY CLERK - Date
9/29/2003
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<br />PL X 940206 <br />Form Approved, A VP-Law <br /> <br />Folder No: 2187-04 <br /> <br />PIPELINE CROSSING <br />AGREEMENT <br /> <br />Mile Post: 92, Sherman Subdivision <br />Location: Paris, Lamar County, Texas <br /> <br />THIS AGREEMENT is made and entered into as of August 15, 2003, by and between UNION <br />PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY <br />. <br />OF PARIS, a Texas , whose address is 125 S.E. 1st Street, Paris, Texas 75460 (hereinafter the <br />"Licensee"). municipal corporation <br /> <br />IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS <br />FOLLOWS: <br /> <br />Article I. <br /> <br />LICENSE FEE <br /> <br />Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee <br />of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). <br /> <br />Article II. <br /> <br />LICENSOR GRANTS RIGHT. <br /> <br />In consideration of the License Fee to be paid by the Licensee and in further consideration of the <br />covenants and agreements herein contained to be by the Licensee kept, observed and performed, the <br />Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to <br />maintain and operate only a <br /> <br />8" sanitary sewer pipeline crossing (hereinafter the "Pipeline") <br /> <br />in the location shown and in conformity with the dimensions and specifications indicated on the attached <br />print dated July 17, 2003, marked Exhibit A. Under no circumstances shall Licensee modify the use of <br />the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any <br />other use, whether such use is currently technologically possible, or whether such use may come into <br />existence during the life of this Agreement. <br /> <br />Article III. <br /> <br />CONSTRUCTION, MAINTENANCE AND OPERATION. <br /> <br />The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, <br />conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. <br /> <br />Article IV. <br /> <br />IF WORK IS TO BE PERFORMED BY CONTRACTOR. <br /> <br />If a contractor is to do any of the work performed on the Pipeline (including initial construction <br />and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its <br /> <br />EXHIBIT .a <br />
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