Agmt07 Union Pacific Railroad Co. - MilePost: 28.34, SF Subdivision, Redwood Harbor Industrial Lead

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AUDIT 2444:J~ ORIG~NAL Form Approved, A VP-Law 07/25/06 Folder No. 2442-57 PIPELINE CROSSING AGREEMENT Mile Post: 28.34, San Francisco Subdivision, Redwood Harbor Industrial Lead Location: Redwood City, San Mateo County, California TillS AGREEMENT ("Agreement") is made and entered into as of May 21,2007, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF REDWOOD CITY, a California municipal corporation to be addressed at 1017 Middlefield Road, Redwood City, California 94063 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-tiine License Fee of Five Thousand Three Hundred Dollars ($5,300.00). Article 2. 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 right to construct and thereafter, during the term hereof, to maintain and operate one 9.06" encased pipeline for transporting and conveying reclaimed water across Licensor's track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated May 09,2007 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying reclaimed water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or 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 3. 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, attached hereto and hereby made a part hereof.