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<br />20 <br /> <br /> <br /> <br /> <br /> <br />OUTFALL CHANNEL LICENSE <br /> <br /> <br /> <br />THIS AGREEHENT No. made this 10 day of September, 198/+, <br />bet\veen the HISSOURI-K.A.NSAS.-TEXAS RAILROAD COtIPANY, hereinafter called "Licensor, II <br />and the CITY OF SAN jVIARCOS , hereinafter called "Licensee." <br /> <br /> <br />WIT N E SSE T H : <br /> <br /> <br />ARTICLE I. <br /> <br />1. Term: This ag ~ shall take effect the date hereof, and unless sooner <br />terminated as provided hen~in, shall continue in force for t,,¡enty (20) years from <br />the dat hereof. renewal of this license at the end the original term shall <br />be in accordance with the tual agreements or the parties at that time. <br /> <br />2. Consideration and De tion: In consideration of NINE HUNDRED NINETY <br />M~D NO/IOO ($990.00) the rec of which is hereby acknovlledged and of the cov- <br />enants of Licensee as hereinafter set forth Licensor hereby grants a license and <br />permission to Licensee to struct, recons ruct, use, maintain, operate, repair and <br />install double 5111" x 8'7 arch culverts on Licensor's right of way at the location <br />of Licensorls bridge M-985 " in San Marcos, Texas. For convenience, the said arch <br />culverts are hereinafter re rred to as "Culverts," The location of said Culverts <br />is more particularly des ed as follows: <br /> <br />Culverts sha1 be installed under I.C.C. No. 18, a <br />connecting' c1: betÍ^¡een Hissouri Pacific Railroad <br />Company!s ma:: line track and Licensor!s San Antonio <br />Subdivision track in Harcos, Texas, at <br />Mile Post tation 17 + 81. <br /> <br />3. Subject to the ions stated in Paragraph 4 below, Licensor agrees to <br />remove ICC 1':0. 18 from se :LC for not more than 10 hours and will permit Licensee <br />to install the Culverts ~ its right of way. Upon completion of the installation <br />of said Culverts, Licensor 11 replace and return said ICC No. 18 track to service. <br /> <br />4. Licensee express covenants and agrees with Licensor as follows: <br /> <br />(a) Said CuI shall be ins lIed under Licensor!s property <br />as shO\~n on the a Exhibit A, L censee!s Dravling No.1, <br />sheet of s~eets, dated <br /> <br />(b) Licensor rVié:S the r ~ [0 have its representative(s) on <br />hand at all times Ii is on LicE1' 's property. <br /> <br />(c) Licensor see agree hat will follow and adhere <br />to the "Construction II att hereto as Exhibit B (the term <br />