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<br />97 <br /> <br />LICENSE AGREEMENT <br /> <br />DATE: <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: Texas Cellular Telephone Company L.P., a Delaware <br />limited partnership, d/b/a AT&T Wireless Services <br />4544 South Lamar, Suite 600 <br />Austin, Travis County, Texas 78745-1500 <br /> <br />CONSIDERATION: Ten and no/100 Dollars and other good and valuable <br />consideration, including the LICENSEE's performance of its obligations under <br />this Agreement. <br /> <br />PROPERTY: A 300 square foot area of the right-of-way of Crystal River Parkway <br />in Phase II of the Hills of Hays Subdivision, as recorded in Volume 4, Pages 335- <br />337 of the Hays County Plat Records, as more fully described on Exhibit "A" <br />attached hereto. <br /> <br />RECITALS <br /> <br />A. The LICENSEE desires to use the PROPERTY for access to an antenna site <br />on adjoining property. <br /> <br />B. The LICENSOR is willing to grant the LICENSEE a License to install a <br />driveway across the PROPERTY. <br /> <br />NOW THEREFORE, the LICENSOR, for the CONSIDERATION, grants <br />and demises to the LICENSEE a non-exclusive license to install, operate and <br />maintain a driveway across the PROPERTY, subject to the following: <br /> <br />1. The LICENSEE agrees to obtain the LICENSOR's prior written <br />approval for the LICENSEE's construction or reconstruction activities on the <br />PROPERTY, such approval not to be unreasonably withheld. This approval <br />may be in the form of a City right-of-way construction permit. The LICENSEE <br />agrees to maintain safe and proper clearances from all utility facilities within or <br />upon the PROPERTY at all times. <br />