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LICENSE AGREEMENT
<br />THE STATE OF TEXAS
<br />*
<br />COUNTY OF HAYS
<br />1. This License Agreement is entered into by and between the City San Marcos, Texas,
<br />a Home Rule municipal corporation of nays County, texas, aciii►g icicia by aad through .,s
<br />duly authorized Interim City Manager hereinafter referred to as ( "Licensor ") and Chuck Nash
<br />Chevrolet Buick, Inc., 3209 North IH -35, San Marcos, Tx 78666 ( "Licensee "), owner of Lot 1,
<br />Nash Subdivision, City of San Marcos, Texas San Marcos, Texas, according to a plat recorded
<br />in Volume 11, Pages 383 -384 of the Plat Records of Hays County, Texas.
<br />2. Grant of License. In consideration of ten dollars, other good and valuable
<br />consideration and the faithful performance of the covenants and conditions established in this
<br />License, Licensor hereby grants a non - exclusive License to the Licensee to permit a concrete
<br />slab without a structure ( "Slab ") located on the Property to encroach approximately 11.89 feet
<br />• into and upon a 20 foot public utility easement ( "Easement "). The License Area, containing 544
<br />square feet, is described by metes and bounds in Exhibit "A ". The License Area is also
<br />depicted by a survey map attached as Exhibit `B ". Neither the granting of the License, nor any
<br />related permit, constitutes an abandonment by Licensor of the easement or any other rights in
<br />and to the described Easement. Licensee neither asserts nor claims any interest or right
<br />whatsoever, whether legal, equitable or otherwise in or to the Easement or the License Area.
<br />3. The Slab is not in contact with any electric, water, sewer, or other utility, or
<br />equipment, and does not interfere with such utility, including any drainage structures which are
<br />servicing the property.
<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 Easement
<br />for public utility and drainage purposes, to perform drainage and utility construction,
<br />maintenance and operation activities on, under or above the Easement, including those that
<br />involve excavation, trenching, pole and wire placement, or other activities that may affect the
<br />Improvements. The Licensor and the authorized utilities will endeavor to notify the Licensee in
<br />advance of any construction or maintenance activities, but they make no commitment to do so.
<br />5. Indemnity and Release. Licensee covenants and agrees to indemnify, and does
<br />hereby indemnify, hold harmless and defend city, 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 the Slab or any structure located adjacent to but
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