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<br />20. <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: Cade & Beth Jackson <br />15110 Mitchell Bluff <br />San Antonio, Bexar County, Texas 78248 <br /> <br />CONSIDERATION: Ten and no/100 Dollars and other good and valuable consideration, <br />including the Licensee's performance of its obligations under this agreement. <br /> <br />PROPERTY: A 50 foot by 150 foot (7,500 square feet) portion of the undeveloped right-of-way <br />of Delmar Street, as shown on the plat of the Z. Williamson Addition recorded in Volume 59, Page <br />545-547 of the Hays County Deed Records, and being more fully described in Exhibit "A" <br />attached. <br /> <br />RECITALS <br /> <br />LICENSEE desires to improve an unopened portion of Delmar Street for the purpose of <br />providing driveway access to the rear portion of Licensee's property, the legal description of which <br />is Lot 5 of the resubdivision of Westover. <br /> <br />NOW THEREFORE, LICENSOR, for the CONSIDERATION, hereby grants and demises <br />to LICENSEE a non-exclusive license to install, operate, maintain, replace, upgrade and <br />reconstruct a driveway upon the PROPERTY, subject to the following: <br /> <br />1. LICENSEE agrees to construct a driveway upon the PROPERTY to provide vehicle <br />access to the LICENSEE'S property. LICENSEE will use limestone aggregate base in lieu of a <br />paved surface for the driveway per the variance granted by the Zoning Board of Adjustment, VR <br />98-15, approved on November 10,1998. LICENSEE agrees to obtain UCENSOR's prior written <br />approval for LICENSEE's construction or reconstruction activities within the PROPERTY. This <br />approval may be in the form of a City right-of-way construction permit. <br /> <br />2. LICENSEE agrees to comply with all City of San Marcos construction and <br />maintenance standards and other regulations for driveways in the construction and maintenance <br />of this driveway. LICENSEE agrees to maintain the driveway in good condition for the intended <br />purposes, and LICENSEE acknowledges that LICENSOR is under no obligation to maintain the <br />driveway. <br /> <br />3. LICENSEE .agrees to indemnify, hold harmless and defend LICENSOR, its officers <br />and employees from and against any claims or liability which may be incurred by reason of any <br />act or omission of LICENSEE, its officers, agents or employees in connection with LICENSEE's <br />construction, maintenance or use of the driveway on the PROPERTY. <br />