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LICENSE AGREEMENT Date: January 13, 2004 170. 14002841 OFk 4850 404 Licensor: City of San Marcos, 630 E. Hopkins Street, San Marcos, Hays County, Texas 78666 Licensee: Ray G. Avey and Ruth Avey, 220 North Mitchell Street, San Marcos, Hays County, Texas 78666. Consideration: Ten and no /100 Dollars and other good and valuable consideration, including the Licensee's performance of its obligations under this agreement. Property: A 28 foot by 333 foot, more or less, area of the unimproved right -of -way of Rose Street, as more fully depicted on the map attached as Exhibit A, and being the area of Rose Street from its intersection with Mitchell Street to its intersection with Travis Street. RECITALS A. The Licensee desires to use the Property for driveway access and a carport/shop in connection with the Licensee's adjoining tract of property (the "Adjoining Property "), as depicted on the map attached as Exhibit A. B. The Licensor is willing to grant the Licensee a license to install a driveway (11 feet by 189 feet) and a carport/shop (25 feet by 22.0 feet) on the Property. The driveway and the carport/shop are referred to as the in this agreement as the "Improvements ". GRANT OF LICENSE; TERMS AND CONDITIONS NOW THEREFORE, the Licensor, for the consideration, grants and demises to the Licensee a non- exclusive license to install, operate, and maintain the Improvements on the Property, subject to the following: 1. Right -of -Way Construction Permit. The Licensee agrees to construct a gravel driveway within the Property from Travis Street to the carport/shop structure. The Licensee agrees to apply for and obtain a right -of -way construction permit from the Licensor's Public Works Department for the Licensee's driveway construction or reconstruction activities on the Property. 2. Building and Other Construction Permits. The Licensee agrees to apply for and obtain a building permit and applicable electrical, mechanical and plumbing permits from the Licensor's Building Inspection Division for the Licensee's building construction or reconstruction activities on the Property. 3. Compliance with Laws and Regulations. The Licensee agrees to comply with all federal, state and local laws, construction and safety codes, and other regulations in the construction and maintenance of the Improvements on the Property. 'The Licensee agrees to comply with all City of San Marcos standards and regulations related to the construction and maintenance of the Improvements on the Property. The Licensee agrees to maintain safe and proper clearances from all above - ground and underground utility facilities within or upon the Property at all times. The Licensee will maintain the Improvements in good condition, fit for their intended purposes, and with due regard for public safety and convenience. The Licensee will promptly remove or correct any hazards upon the Property created by storms, accidents, vandalism or other causes. 4. Indemnification by Licensee. The Licensee agrees to indemnify, hold harmless and defend the