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LICENSE AGREEMENT <br />STATE OF TEXAS § <br />§ <br />CITY OF HAYS § <br />This Agreement is made and entered into by and between the City of San Marcos, <br />Texas, a municipal corporation and home -rule city of the State of Texas (the "CITY"), <br />and Carma Paso Robles LLC, a Texas limited liability company (the "PROPERTY <br />OWNER"), hereinafter collectively referred to as the "Parties", for the purposes and <br />consideration described herein. <br />WITNESSETH: <br />WHEREAS, the PROPERTY OWNER is developing Kissing Tree Phase One, a <br />subdivision located in Hays County, Texas, being more particularly described in that <br />certain map or plat of record in Volume 119, Pages 33-35 of the Plat Records of Hays <br />County, Texas (the "Subdivision"); and <br />WHEREAS, the PROPERTY OWNER plans to install and maintain, at its sole <br />cost and expense, certain improvements within the CITY's public right-of-way, to <br />include a bridge and associated street improvements, landscaping and subdivision <br />gateway improvements, to. include trees, shrubs, fences, walls, irrigation systems and <br />aesthetic and/or decorative improvements to bridge structures (collectively, the <br />"Improvements"); and <br />WHEREAS, the area of the CITY's right-of-way within which the <br />Improvements are to be installed and/or maintained (the "Licensed Property") is <br />described in the Exhibit "A", which is attached hereto and incorporated herein for all <br />purposes; <br />NOW, THEREFORE, the CITY and the PROPERTY OWNER agree as follows: <br />1. , Grant <br />Subject to the conditions in this Agreement and to the extent of the right, title and <br />interest of the CITY in and to the Licensed Property and without any express or <br />implied warranties, the CITY grants to the PROPERTY OWNER permission to <br />use the Licensed Property to construct, maintain and repair the Improvements <br />existing in the Licensed Property as of the date of this Agreement. <br />1 <br />