Res 2004-173 - Laserfiche WebLink

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I I I 148. LICENSE AGREEMENT Date: October 11, 2004 Licensor: CIty of San Marcos, 630 E. Hopkins Street, San Marcos, Hays County, Texas 78666 Licensee: 78666. Texas State University, 601 University Drive, San Marcos, Hays County, Texas Consideration: Ten and no/lOO Dollars and other good and valuable consideration, including the Licensee s performance of its obligations under this agreement. Property: A 7 foot by 250 foot portion of the right-of-way of Wood Street between Its intersection wIth Lyndon B. Johnson Drive and Its Intersection with North Guadalupe Street, as depicted on the map attached as Exhibit A. RECITALS A. The Licensee desires to use the Property for the constructIOn and maintenance of sidewalks and landscaping in conjunction with the adjoimng tract of property owned by the Licensee. B. The LIcensor is willing to grant the Licensee a lIcense and permIssion for the construction and maintenance of sidewalks and landscaping on the Property in accordance with the terms and conditions of this agreement. The sidewalks and landscaping are referred to in this agreement as the Improvements. 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 and maintain the Improvements on the Property, subject to the following: 1. Condition of Property. The Licensee accepts the Property in its present condition. The Licensee acknowledges that the Licensor makes no representations or warranties regarding the Licensor s tItle to the Property, the condition of the Property, and the presence or absence ofhazardous materials or other contaminants on the Property. 2. Construction Review and Approval The Licensee agrees to submit its construction plans and specifications for all construction work to be performed within the Property to the City Environment and Engineering Department for review at least five days before commencing construction on the Property. 3. Compliance with Laws and Regulations. 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 Improvements on the Property. The LIcensee agrees to maintaIn safe and proper clearances from all above-ground and underground utility facilities within or upon the Property at all times. The Licensee will maintain the Improvements 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. Indemnification by Licensee. The Licensee agrees, to the extent of its liability under Texas law, 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 of the Licensee, its agents or contractors in connection with the Licensee s use of the Property.