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<br />129 <br /> <br />LICENSE AGREEMENT <br /> <br />DATE: 2-9-99 <br /> <br />LICENSOR: City of San Marcos, a municipal corporation <br />630 East Hopkins Street <br />San Marcos, Hays County, Texas 78666 <br /> <br />LICENSEE: Scheib Opportunity Center <br />1200 North Bishop <br />San Marcos, Hays County, Texas 78666 <br /> <br />CONSIDERATION: $10.00 and other good and valuable consideration, including the <br />Licensee's performance of its obligations under this agreement. <br /> <br />PROPERTY: A 50 foot by 359.4 foot (17,970 square feet) portion of the undeveloped right- <br />of-way of Delmar Street, between Bishop Street and the unopened portion of Allen Street, <br />as shown on the plat of the Westover Addition recorded in Volume 59, Page 183-184 of <br />the Hays County Deed Records, and being more fully depicted in the attached Exhibit "A." <br /> <br />RECITALS: The Licensee desires to improve and maintain the Property, an <br />unopened portion of Delmar Street, for the purpose of providing driveway access to the <br />side of the Licensee's property, the legal description of which is all of Block 15, Westover <br />Addition. <br /> <br />NOW THEREFORE, the Licensor, for the consideration, hereby grants and demises <br />to the Licensee a non-exclusive license to install, operate, maintain, replace, upgrade and <br />reconstruct a driveway upon the Property, subj~ct to the following: <br /> <br />1. The Licensee agrees to obtain the Licensor's prior written approval for the <br />Licensee's construction or reconstruction activities within the Property, such approval not <br />to be unreasonably withheld. This approval may in the form of a City right-of-way <br />construction permit. <br /> <br />2. The Licensee agrees to comply with all City of San Marcos construction and <br />maintenance standards and other regulations in the construction and maintenance of this <br />driveway, except that the portion of the Licensee's driveway that is within the Property <br />need not be paved. The Licensee agrees to maintain the driveway in good condition for <br />the intended purposes, and the Licensee acknowledges that the Licensor is under no <br />obligation to maintain the driveway. <br /> <br />3. The Licensee agrees to indemnify, hold harmless and defend the Licensor, <br />its officers and employees from and against any claims or liability which may be incurred <br />by reason of any act or omission of Licensee, its officers, agents or employees in <br />