Res 2003-158 - Laserfiche WebLink

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130. ACCESS LICENSE AGREEMENT This Access License Agreement is made on . S aptèmber 9 , 2003 by and betwee:n the Licensor of San Marcos, Texas ("Licensor"), 630 East Hopkins StTeet, San Marcos, TX 78666, and VoiceStream PCS IICorporation,d/b/aT-Mobilc USA, Inc. ("Licensee"), 4401 FreidrichLn., Ste.l10, Austin, TX78744. The Licensor and the Licensee are at times referred to collectively as the "Parties" and individually as the "Party". 1. Grant of License. The Licensor grants. to the Licensee a license and permission to construct, maintain and use a driveway (the "First Driveway") in the area depicted on the attached Exhibit A (the "Licensed Premises"), to provide motor vehic1eaccess to the Licensee's antenna equipment located in the area depicted on the attached ExhibitB (the "Equipment Site"). The Licensor also grants. to the Licensee, as of the time the LicensoLcompletes construction of a driveway from Charles Austin Drive to the area of the Equipment Site, a license and permission to construct, maintain and use a driveway (the "Second Driveway") in the area depicted on the attached Exhibit C, to provide motor velúc1e access to the Equipment Site. Upon completion by the Licensor of the driveway from Charles Austin Drive, the license as to the area depicted on Exhibit A wì1l tenninate and the license as to the area depicted on Exhibit C will take effect, and the area depicted on Exhibit C will become the. "Licensed Premises". This license is subject to the tenus. and conditions contained in this. agreement. 2. Construction of Driveways. TIle Licensee will construct the First Driveway and the Second Driveway using decomposed granite similar to that used by the Licensor for pedestrian paths in the vicinity ofthe Licensed Premises. The Licensee will also install a steel bar gate at the entrance to the First Driveway and the Second Driveway to control vehicle access. TheLicensee will apply for and obtain a site development permit.. from the Licensor for the construction of each of these driveways, and will comply with all federal, state and local laws, and other regulations in constructing and maintaining the driveways. The Licensee will complete the construction in a good and workmanlikernanner, promptly and without unnecessary delay. 3. Maintenance of Driveways; Repair.ofDamage. The Licensee will maintain the First Driveway and the Second Driveway in good condition, ITee ITom ruts and ponding, and sUÌtable for all-weather vehicle use. The Licensee will maintain the steel bar gate in good condition. The Licensee will promptly repair any damage to. the Licensed. Premises or adjoining property of the Licensor caused by its employees, agents or contractors in connection with this agreement. 4. Term.. The initial term of this Agreement begins (the "Commencement Date") on September 15, 2003, andthe initiaLtenn ends on September 14, 2008. After the initial term ofthis Agreement, this Agreement.will automatically be.renewedfor one year periods unless one party notifies the other, at least 180 days in advance ofan anniversary date of the Commencement Date, of its intention not to .renew the Agreement. If such a notice is given, this Agreement is terminated on that anniversary date. 5. License Fee. The Licensee will pay a fee to the Licensor in the amount of$8,000.00 for the rights granted in the initial tenn and any renewal ofthis.agreement. AU-1463J Access Agreement