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<br />188. <br /> <br />LICENSE AGREEMEN <br /> <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: Buck Scheib <br />503 Pecan Street <br />San Marcos, Hays County, Texas 78666 <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 3,758.15 square feet, more or less, portion of the undeveloped right-of-way of <br />Peach Tree Street, as shown on the plat of Park Addition, First and Second Division, as recorded <br />in Volume 54, Page 420 of the Hays County Deed Records, and being more fully depicted in <br />Exhibit A attached. <br /> <br />RECITALS <br /> <br />LICENSEE desires to improve an unopened portion of Peach Tree Street for the purpose <br />of providing driveway access to the LICENSEE'S property, the legal description of which is Lots <br />60, 61 and 62, of the First and Second Division of Park Addition. <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. LICENSOR agrees to lay base material and to level/smooth the surface of the <br />roadway upon the PROPERTY to provide vehicle access to the LICENSEE'S property. This is a <br />one-time service. LICENSEE agrees to obtain LICENSOR's prior written approval for any future <br />construction or reconstruction activities within the PROPERTY. This approval may be in the form <br />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 upon LICENSOR's completion of the above one- <br />time service, the LICENSOR is under no obligation for future maintenance of the driveway. <br /> <br />3. LICENSEE agrees to indemnify, hold harmless and d_efenclLlCENSOR, 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 />