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<br />ll4 <br /> <br />DRAINAGE CHANNEL LICENSE <br /> <br />THIS AGREEMENT NO. :-?83~lJ.~ made this 1st day of Decenber, 1987 <br />between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", <br />and the CITY OF SAN MARCOS, TEXAS, hereinafter called "Licensee". <br /> <br />WIT N E SSE T H: <br /> <br />ARTICLE I. <br /> <br />1. TERM: This agreement shall take effect the date hereof, and unless <br />sooner terminated as provided herein, shall continue in force so long as used for <br />the purpose herein set out until terminated by either party giving the other party <br />not less than thirty (30) days' advance notice in writing of an intention to <br />terminate the same, the agreement to terminate upon the expiration of such notice. <br /> <br />2. CONSIDERATION AND DESCRIPTION: In considerat ion of FOUR THOUSAND <br />SEVEN HUNDRED AND NO/I00 ($4,700.00) DOLLARS receipt of which is hereby <br />acknowledged, and of the covenants of Licensee as hereinafter set forth, Licensor <br />h~reby grants a license and permission to Licensee to construct, reconstruct, use, <br />maintain, operate, repair and install a drainage channel on Licensor's right of <br />way at or near San Marcos in the County of Hays and State of Texas. For <br />convenience, the said concrete drainage channel is hereinafter referred to as <br />"Channel". The location of said Channel is more particularly described as <br />fo 11 ows : <br /> <br />All as shown on l icensor' s print of Drawing No. C-1498, <br />Engineering Department, Denison, Texas, dated Decenber 4, <br />1987, marked Exhibit "An, attached hereto and made a part <br />hereof. <br /> <br />3. Licensor hereby grants permission to Licensee to enter upon <br />licensor's right of way for the purpose of install ing said Channel at the <br />location described above; however, before entering upon Licensor's right of way, <br />Licensee will give to Licensor's Roadmaster Mr. J.E. McMinn, P.O. Box 9035, San <br />Antonio, Texas 78204, phone (512) 227-8642, at least five (5) days' advance <br />notice before any work shall be performed upon Licensor's property. Licensee <br />shall notify Licensor's Roadmaster the date the Channel is fully installed and <br />upon completion of installation Licensee shall promptly remove frOOl licensor's <br />property all tools, equipment, and materials placed thereon by Licensee. Licensee <br />shall restore said property to the same state and condition as when Licensee <br />entered thereon, and shall leave said property in a clean and presentable <br />condition. <br /> <br />ARTICLE I!. <br /> <br />Licensee undertakes and agrees: <br /> <br />1. SPECIFICATIONS: To perform the above described Channel work at its <br />sol e .cost and expense. Said work shall be performed in accordance with pl ans and <br />specifications prepared by Licensee, which plans and specifications must be <br />approved in writing by Rai1road'.s Chief Engineer prior to commencement of the work <br />by Licensee. Said work shall be performed by or on behalf of Licensee in such a <br />manner and at such times as shall not endanger or interfere with the safe <br />operation of the tracks and other facilities of Railroad at said location. No <br /> <br />-1- <br />