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CM-1984-001�t l' Rd. PIPE LINE LICENSE THIS INSTRUM ENT, executed in duplicate, May 2 j; )R\1 20(121 , 1984 , Witnesseth: 'I'hc undersigned Carrier hereby grants, but (m solely the herein expressed terms and condi t ions, and the undersigned Licensee ( City of Round Rock ), to be addressed at (show whether an individual, co-partners. or corporation and state wherein incorporated) an i ncorporated ci ty , hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying the Licensee's own one certain proposed continuous Zine of (number) (propose or existing) poly vinyl chloride (PVC) pipe , 27 inches in diameter, and appurtenances, including 36 inch diameter steel casing pipe 0.469" thhick crrin "wed Pipe line, on the Carrier's property, herein called Premises. Pipe Line will be used as a sanitary sewer line. main track ,x, at Kerr, Texas (track or right of way) Williamson County, Texas (county or parish, Approximate location of Pipe Line is indicated by red . Pipe Line shall intersect Carrier's existing cXXXX i Eng Sta 403+84 (state) (place) line on Exhibit A attached hereto as part hereof. ,atornear 1. Licensee shall at all times keep Pipe Line in good state of repair. All work by Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Pipe Line to any physical change as made at any time in any of Carrier's property; at all times keeping upper surface of Pipe Line at least four;Ind one-half feet below bottom of rail thereover. p XXIAI e XXIk X XIX XIX(XXIX X XX x X''X'xX'xklxxxx90(xxxx`X'RxxxiOdxxxN*TXiXxRxxx 7F kko otlx %(<'xxkoC9pk- Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for Licensee furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee at any time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request; and Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay the difference; if more, Carrier shall repay difference. xiacXXXXXXXixXXiXi>'iXA(X9CiXXX -XX N¢ ita0 k>X x x k. Any other payment shall be made \vl(hin twenty days following receipt of bill. Licensee shall pay cost to Carrier for all Tabor, including wages of foremen, plus 10'/ to cover supervision and accounting, plus vacation allowances, paid holidays and health and welfare benefit payments applicable to said labor, Carrier's cost price of all materials f. o. b. Carrier's rails; plus 10,o to cover handling and accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Carrier may connect with and dis- charge sewage into Pipe Line while serving as sewer. 2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys' fees), losses and expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance, renewal, repair, use, existince or removal of Pipe Line, including the breaking of the same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and the contents thereof regardless of how caused. 3. Term hereof shall begin with May 2, , 19 84, and continue thereafter until concluded (1st) by expiration of thirty days following serving, by licensee on Carrier. or vice versa, of written notice of intention to end term hereof or (2nd), at Carrier's election without further notice by expiration of six months without the Pipe Line having been installed or by Licensee failing (a-1) to cure any default or (a-2) to show statutory right to install Pipe Line within rty days following Carrier's written request therefor. Any notice of Carrier shall he deemed served when posted conspicuously on Pipe Line or when deposited postage prepaid in U. S. snail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's election without notice he deemed abandoned. Covenant, herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided: no right of Licensee shall he trans- ferred or assigned, either voluntarily, or involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting, or impairing any right arising from, any subsequent default. WITNESSES: ATTEST: By (AFFIX SEAL) >tAel# >XX Attest: err 1 SECRETARY y eceary GEORGETOWN RAILROAD COMPANY CITY OF ROUND As Carrier, first party herein. s licensee, seconty beret. J .9O,, 8 y a a 7 p vC SE wee? ,3e"cit s /N4 110 4/4 72-z ek S-30" RC P 4/1O —<>MPz c GEORGETOWN RAILROAD 001'.$ A Ny c P. O. BOX 5 9 CI_ GEORGETOWN, Tc: