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<br />ifice of the City Manager <br /> <br /> <br />224. <br /> <br />LICENSE AGREEMENT <br /> <br />October 13, 2003 <br /> <br />Larry Lee <br />Fairfield San Marcos Exchange II, Ltd. <br />2045 N. Hwy. 360, Suite 250 <br />Grand Prairie, TX 75050 <br /> <br />Dear Mr. Lee: <br /> <br />This letter, upon countersignature by an authorized representative of Fairfield San Marcos <br />Exchange II, Ltd. ("Fairfield"), will constitute a license agreement between the City of San <br />Marcos (the "City") and Fairfield for the installation and maintenance of a reinforced concrete <br />pad and sidewalk in City right-of-way in the 1800 Block of Uhland Road, at the location shown <br />on the site plans for Fairfield's project, "The Exchange at San Marcos," submitted to the City. <br />This license is for the benefit of the property described on Exhibit "A" attached hereto. This <br />license is subject to the following terms and conditions: <br /> <br />1. The purpose of the concrete pad will be for the placement of bus benches. The <br />purpose of the sidewalk will be for pedestrian use. Fairfield will construct the pad and sidewalk <br />in accordance with the site plans for Fairfield's project, "The Exchange at San Mar,cos". Fairfield <br />will comply with all federal, state and local laws, and other regulations in constructing and <br />maintaining the pad and the bus benches on the pad. Fairfield may place bus benches on the pad, <br />but Fairfield will not cause or pennit advertising of any kind to be placed on the benches or pad. <br /> <br />2. Fairfield will indemnify, hold harmless and defend the City and its officers and <br />employees from and against any claims or liability resulting from any negligent act or omission <br />of Fairfield, its officers, agents or employees in connection with the construction or maintenance <br />of the concrete pad or any bus benches on the pad. <br /> <br />3. <br />sidewalk. <br /> <br />No fee is due for Fairfield's use of City right-of-way for the concrete pad or <br /> <br />4. The City may terminate and revoke this agreement if Fairfield violates this <br />agreement and fails to cure the violation within 30 days after the City gives Fairfield written <br />notice of the violation. Either the City or Fairfield may tenninate this agreement for any other <br />reason by giving the other party 60 days written notice. Upon any termination of this agreement, <br />Fairfield will immediately remove all benches from the right-of-way, but the concrete pad and <br />sidewalk will be allowed to remain. <br /> <br />City Hall- 630 East Hopkins - San Marcos, Texas 78666 - 512/393-8100 - FAX 512/396-4656 <br />