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LICENSE AGREEMENT
<br /> This License Agreement is entered into by and between the City of San Marcos, Texas, a
<br /> home rule municipal corporation, 630 East Hopkins Street, San Marcos,Texas 78666("Licensor")
<br /> and Paul Byron Starr, owner of 1115 Belvin Street, San Marcos, Texas, 78666 ("Licensee").
<br /> 1. Grant of License. In consideration of $10.00, other good and valuable
<br /> consideration and the faithful performance of the covenants and conditions established in this
<br /> License Agreement, Licensor hereby grants a License to Licensee across certain property owned
<br /> by Licensor in the area of 1115 Belvin Street, San Marcos, Texas 78666 as described in the survey
<br /> in Exhibit "A," attached hereto and made a part hereof(the "License Area") for the purposes of
<br /> allowing the encroachment of an existing driveway and detached garage, as also shown in Exhibit
<br /> "A," owned by Licensee (the"Improvements") into the License Area.
<br /> 2. No Abandonment. Neither the granting of the License, nor any related permit,
<br /> constitutes an abandonment by Licensor of the License Area or any other rights in and to the
<br /> License Area. Licensee neither asserts nor claims any interest or right whatsoever, whether legal,
<br /> equitable or otherwise in or to the License Area.
<br /> 3. No Interference with Utilities. The License granted herein is subject to the
<br /> requirement that the Improvements shall not interfere with any electric, water, sewer, or other
<br /> utility, or equipment, except as specifically approved by the appropriate departments of Licensor
<br /> in writing.
<br /> 4. Right of Use of Property by Licensor and Public Utilities. The Licensor reserves
<br /> the right at all times, for itself and all public utilities authorized to use and maintain the area
<br /> immediately adjacent to the License Area for public right-of-way, utility and drainage purposes,
<br /> to perform construction,maintenance and operation activities on,under or above the License Area,
<br /> including those that involve excavation,trenching,pole and wire placement,or other activities that
<br /> may affect the Improvements or access to the Improvements.
<br /> 5. Indemnity and Release.
<br /> a. Licensee covenants and agrees to indemnify, and does hereby
<br /> indemnify, hold harmless and defend Licensor, its officers, agents, contractors, and
<br /> employees, from and against any and all claims, losses, causes of action or suits for
<br /> property damage(including damage to improvements)or loss and/or personal injury,
<br /> including death, including all costs, attorneys' fees, expert fees or other related costs
<br /> and fees to any and all persons, of whatsoever kind or character, whether real or
<br /> asserted, arising out of or in connection with, directly or indirectly, the construction,
<br /> maintenance, occupancy, use, existence or location of the Improvements and uses
<br /> granted hereunder,whether or not caused, in whole or in part, by alleged negligence
<br /> of officers, agents, servants, employees, contractors, subcontractors, licensees or
<br /> invitees of Licensor; and Licensee hereby assumes all liability and responsibility for
<br /> such claims or suits. Licensee shall likewise assume all liability and responsibility and
<br /> shall indemnify Licensor for any and all injury or damage to Licensor property
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