|
r -•m 20021 10/74
<br />PIPE LINE LICENSE
<br />THIS INSTRUMENT, executed in 3uplicate, July 5, 19 79 ,WITNESSETH:
<br />The undersigned Carrier hereby grants, but on solely the herein expressed terms and
<br />conditions, an3 the undersigne3 Licensee ( a Municipal Corp oration ~
<br />(individual, copartners or corp. & state where incorporated)
<br />to be addressed atPo Oo Box 1037, Paris, TX 75~,460 s
<br />hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying
<br />water the Licensee's own one certain proposed
<br />(number) (proposed or existing)
<br />continuous line of cast iron pipe , 12 inches in diameter, and appurtenances,
<br />including 24 inch steel casing, 100 fto long , herein called Pipe Line, on
<br />the Carrier's property, herein called Premises. Pipe Line will be used to supply
<br />water to customerso
<br />tr ack Pipe Line shall intersect Carrier's existi.ng
<br />,XXX at Mile Post 91.94 X4~~~KXX (track or right of way) Engineer's Chainage Station 4854+76
<br />XYXXXXX,XX).= , Lamar County , Texas at (#XXXXXX P aris. •
<br />(county or parish) (state) (place)
<br />Approxi.ma.te lacation of Pipe Line is indicated by heavy black line on
<br />Fxhibit A attached hereto as part hereof.
<br />l. Licensee shall at all times keep Pipe Line in goo3 state of repa.ir. All work by
<br />Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall
<br />flzrnish or do at Licenseets own cost and responsibility any and all things and when and
<br />as from time to time requirad to accomplish whatsoever the Licensee attempts or is bound
<br />to do at any time hereunder. Licensee shall adjust Pipe Line to any physical change as
<br />made at any ti.me in any of Carrier's property; at all times keeping upper surface of Pipe
<br />Line at least five and one-half feet below bottom of rail thereover.
<br />Licensee shall cause Pipe Line, before being used for anything inflammable, to conform
<br />substantially to Exhibit B attached hereto as part hereof. Said things, including the
<br />time and manner of doing any work, each shall conform to the requirements of Carrier as
<br />well as of any State, Federal or Nfunicipal authority. Carrier may acting for Licensee
<br />f~.irnish or 30, and Licensee shall pay and bear the cost of, anything which, herein required
<br />of Licensee at any time, either shall not be furnished or done within ten days following
<br />Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request;
<br />an3 Licensee on request shall in advance deposit with Carrier the estimated cost thereof.
<br />If deposit be less than actual cost, Licensee shall pay the difference; if more, Carrier
<br />shall repay difference.
<br />Licensee when returning this license (signed) shall pa.y to Carrier five Hundred
<br />dollars for the license granted herein. Any other payment shall be made within twenty
<br />days following receipt of bill. Licensee shall pa.y cost to Carrier for all labor, includ-
<br />ing wages of foremen, cost of ma.terial f.o.b. Carrier's rails plus freight at tariff rates
<br />to point of use, plus taxes and usual railroad additives. No provisions of this paragraph,
<br />nor approval by Carrier of any of Licensee's undertakirigs, shall relieve Licensee of any
<br />responsibility or liability.
<br />2. Licensee agrees to (a) indemnify arr3 save harmless the Carrier from and against
<br />all claims, suits, damages, costs (including attorneys' fees), losses an3 expenses, in any
<br />manner resulting from or arising out of or in connection with the laying, ma.inteiiance.
<br />renewal, repair, use, existence or removal of Pipe Line, including the breaking of
<br />same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and
<br />the contents thereof regardless of how caused and regar3less of any negligence on the
<br />pa.rt of Carrier, or otherwise.
<br />- 1 -
<br />EXHIBIT A
<br />
|