executed agreement - Union Pacific Railroad Co - Pipeline crossing

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.V_ -4 PL X 940206 Form Approved, AVP -Law APPROVED BY. CITY CQI1meIL 241318 IIttem # 1511- 11- A AU PIPELINE CROSSING AGREEMENT Mile Post: 540.06, Yuma Subdivision Location: Colton, San Bernardino County, California Folder No. 2355-12 THIS AGREEMENT is made and entered into as of June 15, 2006, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY OF COLTON, a California municipal corporation to be addressed at 659 North La Cadena Drive, Colton, California 92324 (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 Sig Thousand Dollars ($6,000.00). Article H. ADMINSTRATIVE HANDLING CHARGE. Upon execution and delivery of this Agreement, the Licensee shall pay to the Licensor an License Fee of One Thousand DOLLARS ($1,000.00) for clerical, administrative and handling expense in connection with processing this Agreement. Article M. 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 only a 12" water pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated November 09, 2005, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose 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. Licensee may upgrade the size of the pipeline with prior review and written approval from the Licensor.