Laserfiche WebLink
LICENSE AGREEMENT <br />• DATE: September 1, 2009 <br />LICENSOR: City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />LICENSEE: Portofino Dockside Plaza, LLC <br />1307 Brown Street <br />San Marcos, Texas 78666 <br />CONSIDERATION: For Ten Dollars ($10.00) and other good and valuable consideration, <br />including the Licensee's performance of its obligations under this agreement. <br />PROPERTY: A 40 foot by 365 foot (14,600 square feet) portion of the undeveloped right-of- <br />way of Benefit Street running from lots 8 and 9, Block 4 of Cedar Plateau Subdivision to Bishop <br />Street, as shown on the attached map. <br />RECITALS: <br />LICENSEE desires to improve an unopened portion of Benefit Street for the purpose of <br />• providing access to two platted lots that are part of the Licensee's subdivision, the legal <br />description being Lots 8 and 9, Block 4, of Cedar Plateau Subdivision. <br />NOW THEREFORE, LICENSOR, for the above CONSIDERATION hereby grants to <br />Licensee a non-exclusive license to install, operate, maintain, replace, upgrade and reconstruct an <br />driveway upon the subject unopened portion of Benefit Street, subject to the following <br />conditions: <br />1. LICENSEE agrees to construct a paved 10 foot driveway along the Benefit Street <br />right-of-way from Bishop Street to the southwest corner of Lot 9 of the Licensee's property. <br />Licensee agrees to obtain Licensor's prior written approval for Licensee's construction or <br />reconstruction activities within the subject right-of-way. This approval may be in the form of a <br />City right-of-way construction permit. <br />2. LICENSEE agrees to comply with all City of San Marcos construction and <br />maintenance standards and other regulations for residential driveways in the -construction and <br />maintenance of this paved driveway. Licensee agrees to maintain the driveway in good condition <br />for the intended purposes, and Licensee acknowledges that Licensor is under no obligation to <br />maintain the driveyway. <br />3. LICENSEE agrees to indemnify, hold harmless, and defend Licensor, its officers, <br />and employees from and against any claims or liability which may be incurred by reason of any <br />• act or omission of Licensee, its officers, agents, assigns or employees in connection with <br />Licensee's construction, maintenance or use of the driveway on the subject right-of-way.