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LICENSE AGREEMENT
<br />This License Agreement is entered into by and between the City of San Marcos, Texas, a
<br />home rule municipal corporation ( "Licensor ") and Continental Homes of Texas, L.P., a Texas
<br />limited partnership, 210 West Hutchison Street, San Marcos, Texas 78155 ( "Licensee ").
<br />1. Grant of License. In consideration of $10.00, other good and valuable
<br />consideration and the faithful performance of the covenants and conditions established in this
<br />License Agreement, Licensor hereby grants a non - exclusive License to Licensee across certain
<br />property owned by Licensor in the area of Craddock Avenue and Valencia Way as described in
<br />the survey in Exhibit "A" attached hereto and made a part hereof (the "License Area ") for the
<br />purposes of installing, operating and maintaining certain subdivision entryway, landscaping and
<br />irrigation improvements as illustrated in the plans in Exhibit "B" attached hereto and made a part
<br />hereof (the "Improvements ").
<br />2. No Abandonment. Neither the granting of the License, nor any related permit,
<br />constitutes an abandonment by Licensor of the License Area or any other rights in and to the
<br />License Area. Licensee neither asserts nor claims any interest or right whatsoever, whether
<br />legal, equitable or otherwise in or to the License Area, except for the rights granted by Licensor
<br />herein.
<br />3. No Interference with Utilities. The License granted herein is subject to the
<br />requirement that the Improvements shall not interfere with any electric, water, sewer, or other
<br />utility, or equipment, except as specifically approved by the appropriate departments of Licensor
<br />in writing.
<br />4. Right of Use of Property by Licensor and Public Utilities. The Licensor
<br />reserves the right at all times, for itself and all public utilities authorized to use and maintain the
<br />License Area for public right -of -way, utility and drainage purposes, to perform constructir3<<,
<br />maintenance and operation activities on, under or above the License Area, including those that
<br />involve excavation, trenching, pole and wire placement, or other activities that may affect the
<br />Improvements.
<br />5. Indemnity and Release.
<br />a. Licensee covenants and agrees to indemnify, and does hereby
<br />indemnify, hold harmless and defend Licensor, its officers, agents, contractors, and
<br />employees, from and against any and all claims, losses, causes of action or suits for
<br />property damage (including damage to improvements) or loss and /or personal
<br />injury, including death, including all costs, attorneys' fees, expert fees or other
<br />related costs and fees to any and all persons, of whatsoever kind or character,
<br />whether real or asserted, arising out of or in connection with, directly or indirectly,
<br />the construction, maintenance, occupancy, use, existence or location of the
<br />Improvements and uses granted hereunder, whether or not caused, in whole or m
<br />part, by alleged negligence of officers, agents, servants, employees, contractors,
<br />subcontractors, licensees or invitees of Licensor; and Licensee hereby assumes all
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<br />12037206v.2
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