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59. LICENSE AGREEMENT FOR ATTACHMENTS TO UTILITY POLES This Agreement is made on March 26. , 2002 between Southwest Texas State University (the "Licensee"), and the City of San Marcos (the "City"). This Agreement supersedes and replaces the license agreement between the parties dated June 15, 1994. 1. The City grants permission to the Licensee to use certain City-owned utility poles along Aquarena Springs Drive from Sessom Drive to the Southwest Texas State University Apartment Complex, and along Post Road from Aquarena Springs Drive to the Aquarena Springs Golf Course in the City of San Marcos, Hays County, Texas, as depicted on the map attached to this Agreement. The purpose of such use is for the attachment of telephone/communication lines and related appurtenances. This permission is granted at the request of the Licensee, only for the locations described on the attached map. The City makes no representations or warranties whatsoever as to the condition, adaptability, or safety of its poles and facilities for use by Licensee. The Licensee accepts such poles and facilities as they are or may be during the term of this Agreement, and agrees that its facilities and appurtenances shall be installed, attached, maintained, and removed at the sole risk and expense of the Licensee. 2. In the event that the City is required to make changes or additions to any City facility to accommodate any of Licensee's attachments, the City will advise the Licensee of any additional terms and conditions upon which the permission will be granted for making the attachments, and the Licensee will comply with the terms and conditions and bear the cost of the changes or additions. 3. If the Licensee desires to remove or abandon any attachment or attachments, Licensee will provide written notice of such removal or abandonment to the City. No refund of any rental fee shall be due because of such removal. 4. The Licensee shall comply with all current City rules and standard specifications, with all municipal, state and federal laws and regulations, and with the National Electrical Code, as these may be amended. The Licensee shall construct, operate and maintain its facilities in a manner that does not interfere with any present or future operation of the City or of other parties contracting to use City poles and facilities. 5. The Licensee shall not make any changes in the type of use or locations of its attachments without the written consent of the City. Upon written notice from the City at any time, the Licensee, at its expense and risk, shall change, alter, improve or relocate any of its facilities in such a manner as the City may direct to avoid interference with the City's present use or later modifications to the City facilities. In the event the Licensee fails or refuses to complete any such work within a reasonable time (not to exceed ten days after written notice), the City, acting for the Licensee, may perform the work, and the Licensee shall reimburse the City for the actual cost of labor and materials used in the work plus 20% to cover use of equipment and administrative expense. 6. The Licensee, at its expense, shall construct and maintain its attachments and facilities in safe condition and in good repair, and in a maimer that avoids or eliminates interference with radio, telephone, telegraph, or television reception or regularly used communication systems. Licensee shall take all necessary precautions including the installation of protective equipment to 1