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'��I PL X 940206 Form Approved, AVP-Law Folder No: 01741-11 PIPELINE CROSSING AGREEMENT Mile Post: 28.770, Redwood Harbor Industrial Lead Location: Redwood City, San Mateo County, Califomia THIS AGREEMENT is made and entered into as of January 17, 2000, by and between IJNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY OF REDWOOD CITY, a California municipal corporation, whose address is Middlefield And Jefferson, Redwood City, California 94603 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of FOUR THOUSAND TWO AUNDRED DOLLARS ($4,200.00). Article II. LICENSOR GRANTS RIGHT. � In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the nght to construct and thereafter, during the term hereof, to maintain and operate only a underground 24-inch storm water pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated December 1, 1998, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a puipose other than the above-mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article III. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its - _ .._...,_. .__..__ _...._._T_..