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Filed for Record in:
<br /> Hass Counts
<br /> On: Jul 13,2011 at 10:46A
<br /> Document Number: 11016038
<br /> Amount: 40.00
<br /> LICENSE AGREEMENT Receipt Number - 278879
<br /> Bs,
<br /> Olso Martinez, Depots
<br /> Liz 0. Gonzalez, Counts Clerk
<br /> NUYS Counts
<br /> THE STATE OF TEXAS *
<br /> s
<br /> COUNTY OF HAYS
<br /> 1. This License Agreement ("License")is entered into by and between the City San Marcos,
<br /> Texas, a Home Rule municipal corporation of Hays County,Texas, acting herein by and through
<br /> its duly authorized City Manager hereinafter referred to as("Licensor") and Centurytel of San
<br /> Marcos, Inc., d/b/a CenturyLink, a Texas corporation, whose address is 5454 West 110 Street,
<br /> Overland Park, KS 66211("Licensee"), and is the owner of Lot 6A, Replat of Lots 6& 7, Block 12,
<br /> Original Town of San Marcos, a subdivision in Hays County,Texas according to the map or plat
<br /> thereof recorded in Vol. 5, Page 18, Plat 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 sidewalk in the public right-of-
<br /> way on San Antonio Street ("Right-of-Way"). The encroachment area of the Improvements into
<br /> the Right-of-Way is described by metes and bounds description in Exhibit A and depicted in
<br /> Exhibit B. Exhibits A and B are attached hereto and incorporated herein for all purposes as if
<br /> set out in full in this License. Neither the granting of the License, nor any related permit,
<br /> constitutes an abandonment by Licensor of the easement or any other rights in and to the
<br /> described Right-of-Way. Licensee neither asserts nor claims any interest or right whatsoever,
<br /> whether legal, equitable or otherwise in or to the Right-of-Way.
<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. Further, said Improvements do not
<br /> create a hazardous condition in the Right-of-Way.
<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 Right-of-
<br /> Way for vehicular and pedestrian traffic, travel and other right-of-way purposes,to perform any
<br /> utility construction, maintenance and operation activities on, under or above the Right-of-Way,
<br /> including those that involve excavation, trenching, or other activities that may affect the
<br /> Improvements.
<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
<br /> damage (including damage to Improvements) or loss and/or personal injury, including death,
<br /> including all costs, reasonable attorneys' fees, expert fees or other related costs and fees to
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