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PL X 940206 <br />Form Approved, AVP -Law <br />T -p 241318 <br />PIPELINE CROSSING <br />AGREEMENT <br />Mile Post: 540.06, Yuma Subdivision <br />Location: Colton, San Bernardino County, California <br />APPROVED BY <br />CITY CQQNCIL <br />Date $ji 1 t)�U_ <br />Item #. 1_1 __ <br />Folder No. 2355-12 <br />THIS AGREEMENT is made and entered into as of June 15, 2006, by and between UNION <br />PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY <br />OF COLTON, a California municipal corporation to be addressed at 659 North La Cadena Drive, <br />Colton, California 92324 (hereinafter the "Licensee'). <br />IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: <br />Article L LICENSE FEE. <br />Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee <br />of Six Thousand Dollars ($6,000.00). <br />Article H. ADMINSTRATIVE HANDLING CHARGE. <br />Upon execution and delivery of this Agreement, the Licensee shall pay to the Licensor an License <br />Fee of One Thousand DOLLARS ($1,000.00) for clerical, administrative and handling expense in <br />connection with processing this Agreement. <br />In consideration of the License Fee to be paid by the Licensee and in farther consideration of the <br />covenants and agreements herein contained to be by the Licensee kept, observed and performed, the <br />Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to <br />maintain and operate only a <br />12" water pipeline crossing (hereinafter the "Pipeline") <br />in the location shown and in conformity with the dimensions and specifications indicated on the attached <br />print dated November 09, 2005, marked Exhibit A. Under no circumstances shall Licensee modify the <br />use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for <br />any other use, whether such use is currently technologically possible, or whether such use may come into <br />existence during the life of this Agreement. Licensee may upgrade the size of the pipeline with prior <br />review and written approval from the Licenso-r _ <br />