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<br />24 <br /> <br /> <br /> <br /> <br /> <br />PEDESTRIAN WALKWAY LICENSE <br /> <br /> <br /> <br />THIS AGREEt1ENT t1ADE this 10 day of September , <br />1984, by and between the tlISSOURI-KANSAS-TEXAS RAILROAD CCX1PANY, hereinafter <br />called "Licensor," and the City of San Marcos, hereinafter called <br />"Licensee," <br /> <br /> <br />WIT N E SSE T H <br /> <br /> <br />ARTICLE I <br /> <br /> <br />1. Term: This agreement shall take effect the date hereof, and <br />unless sooner terminated as provided herein, shall continue ~n force for <br />twenty (20ì years from the date hereof. Any renewals of this license at the <br />end of the original term shall be in accordance with the mutual agreements <br />of the parties at that time. <br /> <br /> <br />2. Consideration and Description: In consideration of NINE <br />HUNDRED NINETY NO/lOa ($99a.00ì DOLLARS, the receipt of which is hereby <br />acknowledged, and of the covenants of licensee as hereinafter set forth, <br />Licensor hereby grants a license and permission to Licensee to construct and <br />use a pedestrian walkway with a fence on each side of said walk'Hay under <br />Licensor's bridge NO. M-985.9 at milepost M-985.84, San Marcos, Hays County, <br />Texas, as sho;v~ on Drawing No. A-30,836, dated July 6, 1983, marked Exhibit <br />"An, attached hereto and made a part hereof. <br /> <br /> <br /> <br />ARTICLE II <br /> <br /> <br />Licensee owns property on both sides of Licensor's tracks and right <br />of way, and undertakes and agrees: <br /> <br /> <br />1. Prior Performance: To construct and maintain the walkway at <br />its sale cost and expense and in a manner satisfactory and acceptable to <br />Licensor's Chief Engineer, including all grading, installation of all <br />drainage facilities, and approaches, located on Licensor's right of way. <br />Licensor consents to Licensee's entries upon Licensor's right of way <br />for such purposes. <br /> <br />2. Indemnity: Licensee hereby assumes the risk of, and agrees to <br />indemni and hold Licensor harmless against, all liability, damages, <br />expenses, attorney's fees, and costs for injuries to and deaths of persons <br />whomsoever, including employees of the Licensor and Licensee, and damages to <br />