Res 1994-094 - Laserfiche WebLink

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128 - LICENSE AGREEMENT FOR ATTACHMENT OF LINES TO UTILITY POLES This Agreement is made this 14th day of June , 1994 between Southwest Texas State University (the "Licensee"), and the City - - of San Marcos, (the "City"). WITNESSETH 1. The City grants permission to the Licensee to use certain City-owned utility poles along the west side of University Drive and crossing Sink Creek to the Aquarena Springs Resort in the City of San Marcos, Hays County, Texas, as depicted on the map attached to this _ftgreement. The purpose of such use is for the attachment of i telephone/communication lines and other necessary appurtenances. This ! permission is granted at the request of the Licensee, for the above described location only. 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, attaqhed, 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 Licensee's attachment, the City will advise the Licensee of any additional terms and conditions upon which permission will be granted for making the attachments. The cost of any such modifications shall be borne "solely by Licensee. < 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 use of the City's facilities by the Licensee shall comply with all current City rules and standard specifications, with all I municipal, state and federal laws and regulations, and with the National Electrical Code, as these may be amended, and shall be I constructed and maintained by the Licensee in such a manner as will not I - 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 of, or later modifications to, the City facilities. In the event the Licensee fails or refuses to do such work within a reasonable time (not to exceed ten days after such written notice), the City, acting for the Licensee, may do such work, and the Licensee shall reimburse the City for the actual cost of labor