R-86-934 - 12/11/1986WHEREAS, it is necessary to construct a 16 -inch water line beneath
Missour - Kansas -Texas Railroad's right -of -way; and
WHEREAS, MKT has submitted a Pipe Line License Agreement which will
permit the construction of said 16 -inch water line; and
WHEREAS, the City Council wishes to approve and execute said license
agreement and pay the required fees, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor of the City of Round Rock, Texas, is hereby authorized
and directed to execute on behalf of the City, an agreement to permit the
construction of a 16 -inch water line beneath MKT's right -of -way, a copy of
such agreement being attached hereto and incorporated herein for all
purposes.
RESOLVED this 11th day of December, 1986.
ATTEST:
LAND, City Secretary
RESOLUTION N0. 93Nk.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
D 1L6
rP
or)}1-f
October 30, 1986
File: T -1654
Dear Ms. Lay:
Sincerely,
Jan Seidner
Right of Way Cnnl.racl:N M;mnrh ^r
(211) 651 -6763
J:'. :klw
• • '1':!11'1•
MISSOURI- KANSAS -TEXAS RAILROAD COMPANY
REAL ESTATE AND INDUSTRIAL. DEVELOPMENT DEPARTMENT
PROPERTY MANAGEMINT DIVISION
KATY BUILDING, SUITE 700
701 COMMERCE
DALLAS, TEXAS 75202
Ms. Janice Lay
Public Works Department
City of Round Rock
214 E. Main
Round Rock, Texas 78664
Re: Pipe Line Licenses covering one 15 -inch wastewater pipe line at
Mile Post U- 933.81 and one 16 -inch water pipe line at Mile Post
U- 933.79 in Round Rock
Pipe Line Licenses have been prepared in reply to your request to cross our
property at the above- referenced locations.
In order to complete these Licenses, we need the following:
1. All three (3) eoiries of each License, signed by the Mayor or othet
authorized city official.
2. A copy of a Resolution from the city council authorizing the Mayor,jor other -
official, to execute -the- licenses for the city. -
3. Remittance in the amount of the enclosed killings.
Also, be sure to forward the enclosed Contractor's Agreements and instructions
to the contractor who will be doing the actual installation work. The
Contractor's Agreement is a separate contract between the Railroad and the
contractor, and it must also be completed before work can proceed on Railroad
property.
As soon as the signed Pipe Line License copies and your remittance are received,
the Licenses will be reviewed by the various railroad departments. Upon signa-
ture by our vice - presideni, one fully - executed License copy'of each License will
be returned to you. •
Your careful attention to the above details will help avoid any time- consuming
delays in commencing the installation of [.he pipe lines on railroad property.
(214) 651-6754
DUPJICASE_ -
CITY W AMOODAOCK, TEXAS
214 E,.: ;:_
Hawed: .. Taxis 78644
MAKE CHECK PAYABLE TO
MISSOURI - KANSAS - TEXAS RAILROAD COMPANY
REMIT TO TREASURE R 70* Commerce St., Dallas, Texas 75202
Bill Audit No. 1O - 1 - 47--64
Month's Acct.
RE &ID# 10452 -B6
DATE
FILE
1O -1-86
T -1654
t
CONSIDERATION doe ender tar. end conditions of Pipe Line License
dated December 1, 1986 covering one 16»1 water pipe line at Mile
Peet U- 933.79 in lewd Reek, TX
0
x COPY
PIPE LINE LICENSE
THIS AGREEMENT No made this 1st day of December 19 Sf
between the MISSOURI - KANSAS -TEXAS RAILROAD COMPANY, hereinafter called "Licensor, and
CITY OF ROUND ROCK. TEXAS
hereinafter called "Licensee ".
WITNESSETH:
ARTICLE I.
Said sixteen (16 ") inch water pipe line crosses said Railroad
Company's premises at an angle of 90 degrees 00 minutes, more or
less, measured from the centerline of said Railroad Company's
abandoned Austin Subdivision main track at Mile Post U- 933.79,
being main track valuation chaining station 1361 plus 44, distant
67 feet, more or less, measured northerly along the centerline
of said main track from the centerline of Gattis School Road
(Round Rock Rd) main line chaining station 1362 + 11. Said
pipe line is not within the limits of a public crossing.
Rh 1 ;,,
1. Term: This agreement shall take effect the date hereof, and unless sooner termi-
nated as provided herein, shall continue in force so long as used for the purpose herein
set out for a period of ten (10) years, or until terminated by either party giving the
other party not less than thirty (30) days' advance notice in writing of an intention to
terminate the same, the agreement to terminate upon the expiration of such term or notice,
whichever occurs first. Licensee is hereby given a renewal option at a price and term to
be negotiated no sooner than 120 days or less than 30 days prior to the expiration of this
term. In the event the amount of renegotiated rental is not agreed to•in writing by both
parties, prior to the expiration of the term of this license, this license shall automati-
cally terminate without notice, effective the last day of the expiring term.
2. Consideration and Description: In consideration of ONE THOUSAND FIFTY AND NO /100
(S 1,050 00 ) DOLLARS
receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth. Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by b oring method
one pipe lines(s) encased in a carrier pipe not exceeding sixteen ( 16 ") inches in diameter, to be
used for carrying water across or
along Licensors property at or near Round Rock in the County of Williamson and State
of Texas For convenience, the said pipe line is hereinafter referred to as "Crossing ". The location of said
Crossing is more particularly described as follows:
ARTICLE 11.
Licensee undertakes and agrees:
1. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Association Pan 3. Pipelines. The Crossing shall be laid and maintained al the sole cost of Licensee. Ind in a manner and with
material satisfactory to Licensors Chief Engineer. w ith its top at kart five and one -half (51/21 feel beneath the base of the rail under
the track, and at least five and one- half(3 -112) feet belov the surface of the ground
elsewhere, so it will not interfere vitb the safe operation of said railroad or cause
damage to Licensor's property. Said pipe line shall be encased in a larger pipe vhere it .-
passes under any railroad track, and for at least twenty -five (25') feet on each side of
the center line of any such track.
2. Present Occupants: To make appropriate arrangements with any person or kgal entity occupying the premises
affected hereby pursuant to a lease or other permission granted by Licensor. so that Licensees said Crossing will not unreasonably
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premises.
3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof. howsoever such damage
shall be caused. whether by the negligence of Licensor. its agents. employees. or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and hold harmless
Licensor and Licensor's subsidiary company, Electra Conmunications Corporation, from and
against all liability for or on account of injury to or death of any and all persons or
damage to property, including livestock killed or injured, resulting from or incident to
the construction, maintenance, use, operation, relocation, reconstruction or existence of
said Crossing on Licensor's premises, or the removal thereof from said premises, or to
the restoration of or failure to restore said premises to their prior or other condition
as herein provided, whether such injury, death or damage shall be caused or contributed
to by the negligence of Licensor, its agents, employees or otherwise, and Licensee will
protect, indemnify and hold harmless Licensor and any others legally using its right of
way, from all claims, demands, suits or actions growing out of any such loss, injury or
demands, including investigation costs, court costs, and attorney's fees resulting or in
any manner arising from the risks herein assumed by Licensee. Licensee further agrees to
immediately investigate any such claims, demands, or suits and shall defend, settle, and or
otherwise dispose of the same at its sole cost and expense. In the event Licensee settles
any such claims, demands, or suits, it shall obtain a release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or any part
thereof.
4. Mail er: To waive all right to question the validity of this License or any, of the terms or provisions hereof. or the right
or power of Licensor to execute and enforce the same.
ARTICLE III.
It is mutually agreed by and between the parties, as follows:
I.(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, or any pan thereof. or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in they se
or operation of Licensor's railroad. or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on
Licensor's right of way, and in the event it is found necessary for Licensor to use its entire right of way. or any portion of it occupied
by the Crossing. Licensee shall at its sole expense, and within thirty (30) days after notice so to do, (or upon shorter notice in cast of
emergency), remove said Crossing. or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensors property or to make
any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be shade safe, or change of location
to be made, or repairs to be made, or Crossing to be removed from Licensor's property, Licensor acting as the agent of Licensee,
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (10%) per cent thereon as a charge for supervision, accounting. and use of tools: or
Licensor may terminate this License by giving to Licensee not less than ten (10) days' advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of
Licensee's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing.
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THIS AGREEMENT No made this 1st day of December 19 86
between the MISSOURI - KANSAS -TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and
CITY OF ROUND ROCK. TEXAS
hereinafter called "Licensee ".
WITNESSETH:
PIPE LINE LICENSE
ARTICLE 1.
1, Term: This agreement shall take effect the date hereof, and unless sooner termi-
nated as provided herein, shall continue in force so long as used for the purpose herein
set out for a period of ten (10) years, or until terminated by either party giving the
other party not less than thirty (30) days' advance notice in writing of an intention to
terminate the same, the agreement to terminate upon the expiration of such term or notice,
whichever occurs first. Licensee is hereby given a renewal option at a price and term to
be negotiated no sooner than 120 days or less than 30 days prior to the expiration of this
term. In the event the amount of renegotiated rental is not agreed to in writing by both
parties, prior to the expiration of the term of this license, this license shall automati-
cally terminate without notice, effective the last day of the expiring term.
2. Consideration and Description: In consideration of ONE THOUSAND FIFTY AND NO /100
(1 1.050,00 ) DOLLARS
receipt of which is hereby acknowledged, and of the cotenants of Licensee as hereinafter set forth. Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by boring method,
one pipe lines(s) encased in a carrier pipe not exceeding sixteen ( 1!, ') inches in diameter, to be
used for carrying water across or
along Licensor's property at or near Round Rock in the County of Williamson znd State
of Texas For convenience, the said pipe line is hereinafter referred to as "Crossing ". The location of said
Crossing is more particularly described as follows:
Said sixteen (16 ") inch water pipe line crosses said Railroad
Company's premises at an angle of 90 degrees 00 minutes, more or
less, measured from the centerline of said Railroad Company's
abandoned Austin Subdivision main track at Mile Post U- 933.79,
being main track valuation chaining station 1361 plus 44, distant
67 feet, more or less, measured northerly along the centerline
of said main track from the centerline of Gattis School Road
(Round Rock Rd) main line chaining station 1362 + 11. Said
pipe line is not within the limits of a public crossing.
Anna& A.
. Licensee undertakes and mattes
I. Specifications: 79 insult mid Crossing according to the specifications of the American Railway Engineering
Association Pan 5. Pipelines The Crossing shall be laid and maintained at the sole cost of Licensee. and in a manner and w ith
material satisfactory to Licensors Chief Engineer. w nh its top at least five and one-half 151) feet beneath the base of the rail under
the track, and at least five and one- half(5 -1/2) feet below the surface of the ground
elsewhere, so it will sot interfere with the safe operation of said railroad or cause
damage to Liceneor'a property. Said pipe line shall be encased in a larger pipe where it
passe■ under any railroad track, and for at leant tveoty -five (25') feet on each side of
the canter line of any such track.
2. Present Occupants: To make appropriate arrangements with any person or kpl entity occupying the premises
affected hereby pursuant to a kale or other permission granted by Licensor. so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property. or create undue hardship on the person or legal entity occupying the premises
3. Liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof. howsoever such damage
shall be caused. whether by the negligence of Licensor. its agents. employees. or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and hold harmless
Licensor and Licensor's subsidiary company, Electra Communications Corporation, from and
against all liability for or on account of injury to or death of any and all persons or
damage to property, including livestock killed or injured, resulting from or incident to
the construction, maintenance, use, operation, relocation, reconstruction or existence of
said Crossing on Li censor's premises, or the removal thereof from said premises, or to
the restoration of or failure to restore said premises to their prior or other condition
as herein provided, whether such injury, death or damage shall be caused or contributed
to by the negligence of Licensor, its agents, employees or otherwise, and Licensee will
protect, indemnify and hold harmless Licensor and any others legally using its right of
way, from all claims, demands, suits or actions growing out of any such loss, injury or
demands, including investigation costs, court costs, and attorney's fees resulting or in
any manner arising from the risks herein assumed by Licensee. Licensee further agrees to
immediately investigate any such claims, demands, or suits and shall defend, settle, and or
otherwise dispose of the same at its sole cost and expense. In the event Licensee settles
any such claims, demands, or suits, it shall obtain a release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of anv damage Licensee may
suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or am part
thereof.
4. Maher: To waive all right to question the validity of this License or any. of the terms or provisions hereof. or the right
or power of Licensor to execute and enforce the same_
ARTICLE 111.
11 is mutually agreed by and between the parties, as follows:
I.(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, or any part thereof. or to
make reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in thevse
or operation of Licensor's railroad. or any of its present or future appurtenances. or telegraph. telephone. signal or other lines on
Licensor's right of way, and in the event it is found necessary for Licensor to use its entire right of way. or any portion of it occupied
by the Crossing. Licensee shall at its sok expense. and within thiny(30) days after notice so to do. (or upon shorter notice incase of
emergency). remove said Crossing. or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs. or to relocate said Crossing. then Licensor may cause such condition to be made sa fe, or change of loca tion
to be made, or repairs to be made, or Crossing to be removed from Licensor's property. Licensor acting as the agent of Licensee.
and may perform such work as is necessary in the judgement of Licensor. and Licensee shall, on demand, promptly reimburse
Licensor the whole cost thereof, plus ten (I0%) per cent thereon as a charge for supervision. accounting, and use of tools: or
Licensor may terminate this License by giving to Licensee not kss than ten (10) days' advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of
Licensee's cotenants herein contained, or if the right of way is required for other purposes by Licensor. and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities. if any, of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement. whether in accordance with the provisions of Paragraph I n1
"`'Artielc I. or Paragraph 2 or 4 of Aricle 1I1. or otherwise. Licensee shall promptly remove said Crossing from Licensor's right of
way, and restore said right of way to its prior condition. or to a condition satisfactory to Licensor. If Licensee shall fail to remove
said Crossing within thirty (30) days after the termination of this agreement. Licensor may remove the same. and charge the
expense therefor to the Licensee on the'basis provided in Paragraph lib) of Article 111.
4. Miscellaneous: (a) This License and all of the provisions herein contained shall be binding upon the parties hereto.
their heirs. executors, administrators. successors and assigns. and Licensee agrees to supply notice in writing to Licensor of am
name changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing. and am
and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of an
assignment. Licensee shall at all times remain fully responsible and liable for the payment of the rental. if any, herein specified and
for the compliance of all of its other obligations under the terms. provisions, and covenants of this License.
(b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yearh
anniversan date of this license by giving Licensee thirty (30) days' written notice. Licensor may increase the rental by the
percentage that the Consumer Price Index has increased. published by the Department of Labor. since the last rental
increase period. or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent. or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business.
(e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration.
amendment. supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee_
(f) Prior to the commencement of any work on Licensor's right of way, Licensee
or Licensee's contractor shall give five (5) working days' notice to Licensor's
Roadmaster J. F. McMinn. P. 0. Box 9035, San Antonio, Texas 78204
phpne (.5121 227 - 8642 and until such
notification has been properly given and approval received, Licensee shall not
commence work on Licensor's right of way.
(g) Prior to the commencement of any work on Licensor's right of way, in addition
to the notice required above, Licensee or Licensee's contractor shall give five
(5) working days' notice to Electra Communications Corporation, herein called
„ Electra" by contacting the Director, Fiber Systems at P. 0, Box 10305, Dallas,
Texas 75207 -0305, telephone number 1 -800- 441 -0223 , and until such notification
has been properly given and approval received, Licensee shall not commence work
on Licensor's right of way. Electra may require inspection pit(s) to be dug at
Licensee's sole expense in order to protect Electra's fiber optic communication
system. Failure on the part of Licensee to comply with the provisions of this
section may, without waiving any other rights of the parties hereto, result in
the termination of this License.
(h) This License does not become binding upon Licensor until executed by
Licensor's vice president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above writ ten.
MISSOURI- KANSAS -TEXAS RAILROAD COMPANY
File:
T -1654
- 3-
By
Vice - President
CITY OF ROUND ROCK, TEXAS
Ry
Title
Address:
Mayor
214 E. Main
Round Rock, Texas 78664
PIPE LINE LICENSE
Rev 11rt
THIS AGREEMENT No __made this 1st day of December lq 86
between the MISSOURI - KANSAS -TEXAS RAILROAD COMPANY, hereinafter called "Licensor ", and
CITY OF ROUND ROCK. TEXAS
hereinafter called "Licensee ".
WITNESSETH:
ARTICLE I.
1. Term: This agreement shall take effect the date hereof, and unless sooner termi-
nated as provided herein, shall continue in force so long as used for the purpose herein
set out for a period of ten (10) years, or until terminated by either party giving the
other party not less than thirty (30) days' advance notice in writing of an intention to
terminate the same, the agreement to terminate upon the expiration of such term or notice,
whichever occurs first. Licensee is hereby given a renewal option at a price and term to
be negotiated no sooner than 120 days or less than 30 days prior to the expiration of this
term. In the event the amount of renegotiated rental is not agreed to in writing by both
parties, prior to the expiration of the term of this license, this license shall automati-
cally terminate without notice, effective the last day of the expiring term.
2. Consideration and Description: In consideration of ONE THOUSAND FIFTY AND N0 /100
(i 1 050 00 ) DOLLARS
receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth. Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by boring method
one pipe lines(s) encased in a carrier pipe not exceeding sixteen ( 16 ') inches in diameter, to be
used for carrying water across or
along Licensors property at or near Round Rock in the County of Williamson and State
of Texas For convenience, the said pipe line is hereinafter referred to as "Crossing ". The location of said
Crossing is more particularly described as follows:
Said sixteen (16 ") inch water pipe line crosses said Railroad
Company's premises at an angle of 90 degrees 00 minutes, more or
less, measured from the centerline of said Railroad Company's
abandoned Austin Subdivision main track at Mile Post U- 933.79,
being main track valuation chaining station 1361 plus 44, distant
67 feet, more or less, measured northerly along the centerline
of said main track from the centerline of Gattis School Road
(Round Rock Rd) main line chaining station 1362 + 11. Said
pipe line is not within the limits of a public crossing.
ARTICLE 111.
Licensee undenakn and agrees
I. Specifications: To install said Crossing according to the specifications of the American Railway Engineering
Association Part 3. Pipelines The Crossing shall be lard and maintained at the sole cost of Licensee. and in a manner Ind with
material satisfactory to Licensor's Chief Emmmeer. is nh its 'opal lent five and one .half V;') feet beneath the base of the rail under
the track, and at least five and one- half(5 -111) feet below the surface of the ground
•laerhere, so it till not interfere with the safe operation of said railroad or cause
damage to Licensor's property. Said pipe line shall be encased in • larger pipe where It
passes under any railroad track, and for at least twenty -five (23') feet on each side of
the canter line of any such track.
2. Present Occupants: To make appropriate arrangements with any person or kpl entity occupying the premises
affected hereby pursuant to a kw or other permission granted by Licensor. so that Licensee's said Crossing will not unreasonably
interfere with the use of the subject property. or create undue hardship on the person or kpl entity occupying the premises.
3. liability: Licensor shall not be liable for any damage to said Crossing or the contents thereof. howsoever such damage
shall be caused. w hether by the negligence of Licensor. its agents. employees. or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and hold harmless
Licensor and Licensor's subsidiary company, Electra Communications Corporation, from and
against all liability for or on account of injury to or death of any and all persons or
damage to property, including livestock killed or injured, resulting from or incident to
the construction, maintenance, use, operation, relocation, reconstruction or existence of
said Crossing on Licensor's premises, or the removal thereof from said premises, or to
the restoration of or failure to restore said premises to their prior or other condition
as herein provided, whether such injury, death or damage shall be caused or contributed
to by the negligence of Licensor, its agents, employees or otherwise, and Licensee will -
protect, indemnify and hold harmless Licensor and any others legally using its right of
way, from all claims, demands, suits or actions growing out of any such loss, injury or
demands, including investigation costs, court costs, and attorney's fees resulting or in
any manner arising from the risks herein assumed by Licensee. Licensee further agrees to
immediately investigate any such claims, demands, or suits and shall defend, settle, and or
otherwise dispose of the same at its sole cost and expense. In the event Licensee settles
any such claims, demands, or suits, it shall obtain a release which includes Licensor.
Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may
suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or any part
thereof.
1. N ai.er: To waive all right to question the validity of this License or any.of the terms or provisions hereof. or the right
or power of Licensor to execute and enforce the same.
ARTICLE III.
h is mutually agreed by and between the parties, as follows:
I.(a) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a
condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, or any pan thereof. or to
ma lee reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with or danger in their se
or operation of Licensor's railroad. or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on
Licensor's right of way, and in the event it is found necessary for Licensor to use its entire right of way, or any portion of it occupied
by the Crossing. Licensee shall at its sole expense. and within thirty(30)days after notice so to do. (or upon shorter notice in case of
emergency), remove said Crossing. or as much of the Crossing as is located upon that portion of the right of way so required by
Licensor,
(b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe
conditions in and about said Crossing or as to the protection of wires from electrical interference on Licensor's property or to make
any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, or change of location
to be made, or repairs to be made, or Crossing to be removed from Licensor's property, Licensor acting as the agent of Licensee.
and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand. promptly reimburse
Licensor the whole cost thereof, plus ten (1096) per cent thereon as a charge for supervision. accounting, and use of tools: or
Licensor may terminate this License by giving to Licensee not kss than ten (10) days' advance written notice of its intention so to
do.
2. Termination: Licensor may terminate this License upon ten (I0) days written notice if Licensee fails to keep any of
Licensees co%enants herein contained. or if the right of way is required for other purposes by Licensor. and no reimbursement
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No
termination or expiration shall affect the rights and liabilities. if any, of the parties hereto then existing.
3. Restoration: Upon the termination of this agreement. whether in accordance with the provisions of Paragraph I of
Artieic 1. or Paragraph 2 or 4 of Article 111, or otherwise. Licensee shall promptly remove said Crossing from Licensor's right of
way. and restore said right of way to its prior condition. or to a condition satisfactory to Licensor. of Licenser shall fail to remove
said Crossing within thirty (30) days after the termination of this agreement. Licensor may remove the same. and charge the
expense therefor to the Licensee on the'basis provided in Paragraph 1(h) of Article 111.
4. Miscellaneous: (a) This License and all of the provisions herein contained shall be binding upon the parties hereto.
their heirs. executors. administrators. successors and assigns. and Licensee agrees to supply notice in writing to Licensor of am
name changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing. and any
and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any
assignment. Licensee shall at all times remain fully responsible and liable for the payment of the rental. ifanv, herein specified and
for the compliance of all of its other obligations under the terms. provisions, and covenants of this License.
(b) In the event rent is paid annually. Licensor expressly reserves the right to increase the above rental rate on an yea rlc
anniversary date of this license by giving Licensee thirty(30) days' written notice. Licensor may increase the rental by the
percentage that the Consumer Price Index has increased. published by the Department of Labor. since the Iasi rental
increase period. or the last anniversary date hereof.
(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee a hethcr
Licensee be a natural person, a partnership, or a corporation, or any combination thereof.
(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or
delivered to Licensee or his authorized agent. or if posted on or if mailed, postpaid, addressed to Licensee at his last
known place of business.
(e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration.
amendment. supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the
same be supplemented, altered, changed. or amended by an instrument in writing, signed by Licensor and Licensee.
(f) Prior to the commencement of any work on Licensor's right of way, Licensee
or Licensee's contractor shall give five (5) working days' notice to Licensor's
Roadmaster J. E. McMinn. P. 0. Box 9035. San Antonio, Texas 78204
phpna f41y1 227 -8642 and until such
notification has been properly given and approval received, Licensee shall not
commence work on Licensor's right of way.
(g) Prior to the commencement of any work on Licensor's right of way, in addition
to the notice required above, Licensee or Licensee's contractor shall give five
(5) working days' notice to Electra Communications Corporation, herein called
"Electra" by contacting the Director, Fiber Systems at P. 0. Box 10305, Dallas,
Texas 75207 -0305, telephone number 1- 800 - 441 -0223 , and until such notification
has been properly given and approval received, Licensee shall not commence work
on Licensor's right of way. Electra may require inspection pit(s) to be dug at
Licensee's sole expense in order to protect Electra's fiber optic communication
system. Failure on the part of Licensee to comply with the provisions of this
section may, without waiving any other rights of the parties hereto, result in
the termination of this License.
(h) This License does not become binding upon Licensor until executed by
Licensor's vice president.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
MISSOURI - KANSAS -TEXAS RAILROAD COMPANY
File:
T -1654
- 3 -
By
CITY OF ROUND ROCK TEXAS
By
Title
Address-
Vice - President
Mayor
214 E. Main
Round Rock, Texas 78664