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<br />190. <br /> <br />LICENSE AGREEMENT <br /> <br />Date: <br /> <br />May 18 <br /> <br />,2005 <br /> <br />Licensor: <br /> <br />City of San Marcos, a municipal corporation <br />630 East Hopkins Street <br />San Marcos, Hays County, Texas 78666 <br /> <br />Licensee: <br /> <br />The Downtown Association of San Marcos, Inc <br />136 East San Antonio <br />San Marcos, TX 78666 <br /> <br />Consideration: The Licensee's performance of its obligations under this agreement. <br /> <br />License Area: A 7 foot by 8 foot (56 square foot) area of land the east side of the alley running <br />approximately north-south between Hutchison Street and University Drive east ofthe 300 block of N. <br />LBJ Drive, behind approximately the 314 and 320 addresses of N. LBJ Drive, and being more fully <br />depicted on the attached Exhibit A. <br /> <br />RECITALS <br /> <br />A. The Licensee desires to maintain a trash compactor in the License Area for the purpose <br />of reducing the number of trash dumpsters located in the alley by providing solid waste disposal for <br />the businesses with access to the alley running north-south between Hutchison Street and <br />University Drive east of the 300 block of N. LBJ Drive. <br /> <br />B. The Licensor is willing to grant a license to the Licensee for use of the License Area in <br />accordance with the terms and conditions of this Agreement. <br /> <br />AGREEMENT <br /> <br />The Licensor, for the consideration, hereby grants to Licensee a non-exclusive license to <br />place and maintain a trash compactor upon the License Area, subject to the following: <br /> <br />1. Compliance with Standards. The Licensee agrees to comply with all applicable City, <br />state and federal standards and regulations for the installation and maintenance of the compactor. <br />The Licensee agrees that all installation, maintenance and service will be performed by a licensed <br />contractor who will apply for and obtain all necessary licenses and permits from the City of San <br />Marcos. <br /> <br />2. Maintenance. The Licensee agrees to maintain the compactorforthe intended purposes; <br />to keep the License Area clean and free of trash at all time; to insure the placement of the <br />compactor does not impair ingress and egress of motor vehicle traffic in the alley, especially that of <br />emergency vehicles. Licensee acknowledges that the Licensor is under no obligation to maintain or <br />move the compactor. <br /> <br />3. Indemnity. The Licensee agrees to indemnify, hold harmless and defend the Licensor, its <br />officers and employees from and against any claims or liability which may be incurred by reason of <br />any act or omission of the Licensee, its officers, agents, contractors or employees in connection with <br /> <br />1 <br />