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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU <br />MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS <br />INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR <br />SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. <br />LICENSE AGREEMENT <br />Date: 2009 <br />Licensor: City of San Marcos, Texas, 630 East Hopkins Street, San Marcos, Hays <br />County, Texas 78666 <br />Licensee: Edwards Aquifer Authority, 1615 North St. Mary's Street, San Antonio, <br />Bexar County, Texas 78215 <br />Consideration: Ten and no/100 Dollars ($10.00) and other good and valuable <br />consideration, including the Licensee's performance of its obligations <br />under this Agreement. <br />Property: An 8.939 acre tract or parcel of land in the City of San Marcos, Hays <br />County, Texas as more fully described in Exhibit "A", attached hereto and <br />made a part hereof. <br />The Licensor, for the Consideration, grants and demises to the Licensee a non-exclusive <br />License to protect the integrity of, restrict public access (including, but not limited to, the <br />construction and installation of a protective gate over the entrance to the Well, as defined below, <br />all such construction to be referred to herein as the "Improvements" to and conduct water <br />monitoring and other ecological investigations the "Authorized Activities" from a site known as <br />Johnson's Well (the "Well"). The Authorized Activities of Licensee are subject to the following <br />agreement and conditions: <br />1. The Authorized Activities shall not unreasonably interfere with the uses of <br />Licensor on the Property or any activities of Licensor on land adjacent to the Property. <br />2. The Licensee agrees to obtain the Licensor's prior written approval before <br />erecting, constructing or installing the Improvements on the Property, except for the protective <br />gate described above, which Licensor hereby approves. Licensee may enter the Property with <br />trucks or vehicles, but shall take care to minimize damage to vegetation and wildlife habitat. <br />Licensee shall provide notice to the representative designated by the Licensor before entering the <br />Property, except in the event of an emergency requiring action to prevent imminent damage to <br />property or threat to public safety, in which event, Licensee shall provide notice to Licensor as <br />soon as reasonably practical thereafter. <br />3. The Licensee agrees to maintain safe and proper clearances from all utility <br />1