LICENSE TO ENCROACH AGREEMENT
<br />This License to Encroach Agreement ( "License ") is entered into by and between the City
<br />of San Marcos, Texas, a Home Rule municipal corporation of Hays County, Texas, whose
<br />address is 630 Hopkins Street, San Marcos, Texas 78666, acting herein by and through its duly
<br />authorized City Manager hereinafter referred to as ( "Licensor ") and Centurytel of San Marcos,
<br />Inc., d /b /a CenturyLink, a Texas corporation, whose address is 931 14th Street, Suite 103,
<br />Denver, CO 80202 ( "Licensee ") and is the owner of Lot 14, Block 12, ORIGINAL TOWN OF SAN
<br />MARCOS, Hays County, Texas, according to the map or plat thereof recorded in Volume 46, Page
<br />448 of the Deed Records of Hays County, Texas ( "Property ").
<br />I. Grant of License. In consideration of ten dollars, other good and valuable
<br />consideration and the faithful performance of the covenants and conditions established in this
<br />License, Licensor hereby grants a non - exclusive license to the Licensee to permit a building
<br />( "Improvements ") located on the Property to encroach upon the public right -of -way on Martin
<br />Luther King Street ( "Right -of- Way'). The encroachment area of the Improvements into the
<br />Right -of -Way is described by the survey and metes and bounds legal description contained in
<br />Exhibit A, attached hereto and incorporated herein for all purposes as if set out in full in this
<br />License. Neither the granting of the License, nor any related permit, constitutes an
<br />abandonment by Licensor of the easement or any other rights in and to the described Right -of-
<br />Way. Licensee neither asserts nor claims any interest or right whatsoever, whether legal,
<br />equitable or otherwise in or to the Right -of -Way.
<br />2. Public Utilities and Right of Use of Property by Licensor. The Improvements are not
<br />in contact with any electric, water, sewer, or other utility, or equipment, and do not interfere
<br />with such utility, including any drainage structures which are servicing the Improvements and
<br />other property. Further, said Improvements do not create a hazardous condition in the Right -
<br />of -Way. The Licensor reserves the right at all times, for itself and all public utilities authorized to
<br />use and maintain the Right -of -Way for vehicular and pedestrian traffic, travel and other right -
<br />of -way purposes, to perform any utility construction, maintenance and operation activities on,
<br />under or above the Right -of -Way, including those that involve excavation, trenching, or other
<br />activities that may affect the Improvements.
<br />3. Indemnity and Release. Licensee covenants and agrees to indemnify, and does
<br />hereby indemnify, hold harmless and defend city, its officers, agents, contractors, and
<br />employees, from and against any and all claims, losses, causes of action or suits for property
<br />damage (including damage to Improvements) or loss and /or personal injury, including death,
<br />including all costs, reasonable attorneys' fees, expert fees or other related costs and fees to
<br />any and all persons, of whatsoever kind or character, whether real or asserted, arising out of
<br />or in connection with, directly or indirectly, the construction, maintenance, occupancy, use,
<br />existence or location of said improvement and encroachment and uses granted hereunder,
<br />whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants,
<br />employees, contractors, subcontractors, licensees or invitees of the city; and Licensee hereby
<br />assumes all liability and responsibility for such claims or suits. Licensee shall likewise assume
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