Res 2017-185/approving a license agreement with JDSI Celmark VOTS, LLC. To allow hardscape and patio improvements to encroach over a drainage easement at the View on the Square Apartments located at 228 South Guadalupe Street

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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. LICENSE TO ENCROACH AGREEMENT Date: December 19, 2017 Licensor: City of San Marcos, Texas, a home rule municipal corporation, 630 East Hopkins Street, San Marcos, Hays County, Texas 78666 Licensee: JDSI Celmark VOTS, LLC, a Texas limited liability company, and its successors and assigns Property: Lot 1, Block A, Tuttle Lumber Final Plat License Area: As described in Exhibit"A"attached hereto and made a part hereof. Consideration: Ten dollars($10.00),other good and valuable consideration and the faithful performance of the covenants and conditions established in this License Agreement. 1. Purpose. The License Area is located within a public drainage easement (the "Easement") granted to Licensor through the plat of the Property. Licensee is the owner of the Property and seeks to maintain,use,and operate certain swimming pool deck and related amenities and improvements within the License Area related to adjacent multi-family residential buildings. The purpose of this License Agreement is to establish terms and conditions under which Licensee may maintain such improvements within the Easement. 2. Grant of License. For the Consideration, Licensor hereby grants a non-exclusive License to Licensee to maintain the Improvements(as defined below)within the License Area,the locations of which are shown in Exhibit "A" and which are also described and shown in Exhibit `B" attached hereto and made a part hereof (the `Improvements"). Neither the granting of the license, nor any related permit, constitutes an abandonment by Licensor of the Easement or of any applicable rights in and to the Easement. 3. No Enlargement of Improvements. The license granted herein is subject to the requirement that the Improvements shall not be expanded or altered beyond their existing condition, without the prior written consent of Licensor, except ordinary maintenance may be performed on the Improvements. 4. Right of Use of Property by Licensor. Licensor reserves the right at all times, to use and maintain the Easement for its intended use (public drainage purposes), to perform related construction, maintenance and operation activities on, under or above the Easement, including those that involve excavation and trenching, or other activities that may affect the Improvements. Licensee acknowledges and agrees that such activities by Licensor may result in the removal of or