Agmt21 UPRR_Pipeline Crossing Agreement_

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Pipeline Crossing 080808 Last Modified: 06/05/18 Fonn Approved, AVP -Law PIPELINE CROSSING AGREEMENT Mile Post: 26.98, Redwood Harbor Ind. Ld. Location: Redwood City, San Mateo County, California Folder No. 03250-91 AUDIT � THIS AGREEMENT ("Agreement") is made and entered into as of February 15, 2021, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF REDWOOD CITY, 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. LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) underground 16 -inch plastic pipe carrying recycled water encased in a 24 -inch steel only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor's real property, trackage, or other facilities located in Redwood City, San Mateo County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated February 11, 2021, attached hereto as Exhibit A and made a part hereof. B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) underground 16 -inch plastic pipe carrying recycled water encased in a 24 -inch steel, and (ii) 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. C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner. Article 2. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B. Article 3. LICENSEE'S COMPLIANCE WITH GENERAL TERMS. Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof. REV: 02-19-21 RL ATTY/AGR.2021.037/UPRR (Sobrato Recycled Water Main Crossing) (Page 2 of 15)