Res 2017-150/approving a license agreement with NABI, LLC that allows Signage and Landscaping Improvements for the future Rancho Meat Market at 2745 Hunter Road to encroach into a public utility easement

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11. Assignment; Binding on Successors. Subject to providing written notice of assignment to Licensor, Licensee may assign this License Agreement to subsequent purchasers of the Property. This License Agreement shall be binding upon subsequent owners of the Property. This License Agreement may be filed in the Official Public Records of Hays County Texas. 12. Revocation or Termination of License. In addition to any other rights of termination herein or remedies available at law or in equity, Licensor may revoke or terminate this License Agreement upon the occurrence of any of the following conditions or events: a. Licensee or its successors or assigns have failed to comply with the terms of this License; b. the Improvements or any portion of them interfere with the rights of the Licensor or the public in or to the Easement; c. the Improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the Improvements; d. the Improvements or a portion of them have expanded; or e. maintenance or alteration of the Improvements necessary to alleviate a danger to the public has not been made within a reasonable time after the dangerous condition has arisen. Upon termination of this License Agreement, Licensee, at its own expense, shall remove such components of the Improvements that Licensor requests in writing to be removed and restore the areas where such components are removed to such condition as existed prior to installation of the Improvements. If Licensee fails to undertake such removal within the time specified in the written request, Licensor retains the right to enter upon the License Area and, at Licensee's expense, undertake such removal. If Licensee fails to pay such expense within 30 days after receipt of an invoice from Licensor, Licensor may file a lien against the Property adjacent to the License Area in the amount of the invoice,plus interest accruing at the rate of 10 percent per annum until paid. 13. Integration; Amendments. This License Agreement constitutes the entire agreement between Licensor and Licensee on this subject, and it may be amended only by written instrument executed by both parties. 14. No Real Property Interest.This license does not constitute an interest in real property, and Licensee fully accepts the risks associated with incurring expenses with regard to the Improvements while having only a revocable right to use the License Area. 15. Venue. Exclusive venue for any legal dispute under this agreement is in the state court in Hays County, Texas having jurisdiction over the dispute,or if in federal court,the United States District Court for the Western District of Texas, Austin Division. [SIGNATURES ON NEXT PAGE]