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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, a
<br />Home Rule municipal corporation of Hays County, Texas, acting herein by and through its duly
<br />authorized Interim City Manager hereinafter referred to as ( "Licensor ") and COG, LLC, a Texas
<br />Limited Liability Company, 601 Leah Avenue, San Marcos, Tx 78666 ( "Licensee "), owner of Lot
<br />1A, Section S, Mockingbird Hill Village Two, San Marcos, Texas, according to vacating and replat
<br />recorded in Book 15, Page 50 of the Official Records of Hays County, Texas ( "Property ").
<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 building
<br />( "Improvements ") located on the Property to encroach upon a 45 foot public utility and
<br />drainage easement ( "Easement "). The Easement is described and depicted in Exhibit "A" and
<br />owned and occupied by the Licensor. The encroachment area of the Improvements into the
<br />Easement is described by metes and bounds description and depicted in Exhibit B. Exhibits A
<br />and B are attached hereto and incorporated herein for all purposes as if set out in full in this
<br />License. Neither the granting of the License, nor any related permit, constitutes an
<br />abandonment by Licensor of the easement or any other rights in and to the described
<br />Easement. Licensee neither asserts nor claims any interest or right whatsoever, whether legal,
<br />equitable or otherwise in or to the Easement.
<br />2. Said improvements are not in contact with any electric, water, sewer, or other
<br />utility, or equipment, and do not interfere with such utility, including any drainage structures
<br />which are servicing the improvements and other property.
<br />3. Right of Use of Property by Licensor and Public Utilities. The Licensor reserves the
<br />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
<br />SO.
<br />4. 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 property
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