R2010-121 AUTHORIZING THE EXECUTION OF AN AGREEMENT

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. ' PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX654431 1.2 The term Facilities, as used herein, shall include only those structures and ancillary facilities devoted exclusively to the transmission usage above within the Encroachment, and as shown on attached Facility Application Form and plan(s). 1.3 No additional structures or other facilities shall be placed, allowed, or maintained by Licensee in, upon or on the Encroachment except upon prior separate written consent of Licensor. 2. ENCROACHMENT FEE; TERM: 2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of FOUR THOUSAND AND 00/100 U.S. DOLLARS ($4,000.00)upon execution of this Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee under this Agreement. In the event of a successor(by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name,then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This Agreement shall ternunate as herein provided,but shall also ternunate upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above; (b)removal of the Facilities; (c) subsequent mutual consent; and/or(d) failure of Licensee to complete installation within five (5) years from the effective date of this Agreement. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or for any public works project of which said Facilities is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct,maintain,relocate, repair, renew, alter, andlor remove the Facilities, in a prudent, workmanlike manner,using quality materials and complying with any applicable standard(s) or regulation(s) of Licensor(A.R.E.M.A. Specifications), or Licensee's particular industry,National Electrical Safety Code, or any governmental or regulatory body having jurisdiction over the Encroachment. 3.2 Location anci construction of Faeilities sha11 be made strictly iri accoidance with design(s) and specifications furnished to and approved by Licensor and of material(s) and size(s) appropriate for the purpose(s) above recited. Page 2 of 15 ra