Res 2001-149 - Laserfiche WebLink

Home Browse Search

208. LICENSE AGREEMENT DATE: August 28, 2001 LICENSOR: City of San Marcos, 630 E. Hopkins Street, San Marcos, Hays County, Texas 78666 LICENSEE: Robert Whyburn and Ann Mary Carney, 309 W. 3ib Street, Austin, Travis County, Texas 78705 CONSIDERATION: Ten and no/1OO Dollars and other good and valuable consideration, including the Licensee's performance of its obligations under this agreement. Property: A 150 foot by 50 foot (7,500 square foot) area of the unnamed, unimproved right-of-way in the Rio Vista Terrace Subdivision, as more fully depicted on the map attached as Exhibit A. RECITALS A. The Licensee desires to use the Property for access to and parking for the Licensee's adjoining 0.585 acre tract of property (the "Adjoining Property") outlined on the map attached as Exhibit A. B. The Licensor is willing to grant the Licensee a license to install a driveway and parking area on the Property. 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 a driveway and vehicle parking area on the Property, subject to the following: 1. The Licensee agrees to apply for and obtain a right-of-way construction permit from the Licensor for the Licensee's construction or reconstruction activities on the Property. 2. 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 driveway and parking area on the Property. 3. The Licensee agrees to comply with all City of San Marcos standards and regulations related to the construction and maintenance of the driveway and parking area on the Property, except that the surface of the driveway and parking area shall consist of pervious crushed granite material. The Licensee agrees to maintain safe and proper clearances from all utility facilities within or upon the Property at all times. The Licensee will maintain the driveway and parking area 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. The Licensee agrees to indemnify, hold harmless and defend the Licensor, its officers and employees from and against any claims or liability which may be incurred by reason of any act or omission ofthe Licensee, its agents or contractors in connection with the Licensee's use ofthe Property. 5. The Licensee agrees not to use the Property for any of the following: C:\ TEMP\drivewaylicense.doc 1