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<br />196. <br /> <br />REVISED LICENSE AGREEMENT <br /> <br />DATE: <br /> <br />August 28, 2000 <br /> <br />LICENSOR: City of San Marcos, a municipal corporation <br />630 East Hopkins Street <br />San Marcos, Hays County, Texas 78666 <br /> <br />LICENSEE: The United States Department of the Interior, U.S. Geological Survey <br />North Plaza, Suite 234 <br />43 !som Road <br />San Antonio, Bexar County, Texas 78216 <br /> <br />CONSIDERATION: A one-time payment of ten and noll 00 Dollars and other good and valuable <br />consideration, including the Licensee's performance of its obligations under this Agreement. <br /> <br />PROPERTY: A 15 square foot area of the right-of-way of Sessom Drive, in the City of San Marcos, <br />Hays County, Texas, as more fully depicted on the attached Exhibit A. <br /> <br />The Licensor, for the Consideration, grants and demises to the Licensee a non-exclusive <br />License to install, operate, and maintain a stormwater monitoring station on the Property, subject to <br />the following: <br /> <br />1. The Licensee agrees to obtain the Licensor's prior written approval for the Licensee's <br />construction or reconstruction activities on the Property, such approval not to be unreasonably <br />withheld. This approval may be in the fonn of a City right-of-way construction permit. The Licensee <br />agrees to maintain safe and proper clearances from all utility facilities within or upon the Property at <br />all times. <br /> <br />2. The Licensee agrees to comply with all federal, state and local laws, construction and <br />safety codes, and other regulations in the construction and maintenance of its improvements on the <br />Property. <br /> <br />3. The Licensee agrees to comply with all City of San Marcos standards and regulations <br />related to the construction and maintenance of its improvements on the Property, as they now exist <br />or may be amended from time to time. The Licensee will maintain the improvements with due regard <br />for the public safety and convenience, and will promptly remove any hazards created by storms, <br />accidents, vandalism or other causes. <br /> <br />4. The Licensee agrees to promptly consider and adjudicate any and all claims which may <br />arise out of use of the Property by the Licensee, or by duly authorized representatives or contractors <br />of the Licensee, and to pay for any damage or personal injury as may be required by Federal law. <br />Such adjudication will be pursued under the Federal Tort Claims Act, 28 U.S.C. ~2671 et seq. or <br />such other legal authority as may be pertinent. The Licensee also agrees to consider and adjudicate <br />any claims for property damage or personal injury sustained by the Licensee's personnel in the <br />