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LICENSE AGREEMENT Date: August I, 2009 Licensor: City of San Marcos, a municipal corporation 630 East Hopkins Street San Marcos, Hays County, Texas 78666 Licensee: Scott Gregson Gregson Investments 120 West Hopkins, Suite 200 San Marcus, Texas 78666 Consideration: Ten and no /100 Dollars and other good and valuable consideration, including the Licensee's performance of its obilgations udder this agreeri lent. License Area: A 2 foot by 14 foot (28 square foot) area overhanging a same sized strip of land adjacent to the Hopkins Street side of the Licensee's Property overhanging the sidewalk in the described area, and being more fully shown on the attached Exhibit A. Licensee's Property. A 0.2854 acre, more or less, portion of Lot 7, Block 20 of the Original Town of San Marcos as described in the deed recorded in Volume 03364, page 871 of the Official Property Records of Hays County, Texas. RECITALS A. The Licensee desires to maintain an Awning on the existing building on the Licensee's Property for the purpose of providing shade and protection from tide eiernerrts for clients and pedestrians. The Licensee also wishes to secure the permission of the Licensor to maintain the portion of the Licensee's Awning that encroaches within the License Area. B. The Licensor is willing to grant a license to the Licensee for use of the License Area in accordance with the terms and conditions of this Agreement. AGREEMENT The Licensor, for the consideration, hereby grants and demises to Licensee a non - exclusive license to construct and maintain the Awning upon the License Area, subject to the following: 1. Compliance with Standards. The Licensee agrees to comply with all applicable City, state and federal construction and maintenance standards and regulations for the construction and maintenance of the Awning. The Licensee agrees that any future construction will be performed by a licensed contractor who will apply for and obtain all necessary licenses and permits from the City of San Marcos. The Licensee further agrees that no writing will be placed on the Awning prior to obtaining a sign permit from the City. 2. Maintenance. The Licensee agrees to maintain the Awning in good condition for the intended purposes, and the Licensee acknowledges that the Licensor is under no obligation to maintain the Awning.