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<br />43. <br /> <br />LICENSE AGREEMENT <br /> <br />DATE: December 14. 1999 <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: San Marcos Noon Lions Club <br />P.O. Box 994 <br />San Marcos, TX 78667 <br /> <br />CONSIDERATION: The Licensee's acceptance of the terms and conditions, and performance of its <br />obligations, under this agreement. There is no cash consideration. <br /> <br />LICENSE AREA: A tract of property approximately 100' by 100' in size at the location depicted on the <br />attached Exhibit A. <br /> <br />RECITALS <br /> <br />A. The Licensee desires to use the License Area for the periodic storage of vehicles and equipment <br />related to its inner tube rental operations. <br /> <br />B. The Licensor is willing to grant the Licensee a license to use the License Area under the terms <br />and conditions contained in this Agreement. <br /> <br />GRANT OF LICENSE; TERMS AND CONDITIONS <br /> <br />NOW THEREFORE, the Licensor, for the consideration, grants and demises to the Licensee a <br />license to use the License Area for the periodic storage of vehicles and equipment related to its inner tube <br />rental operations, subject to the following terms and conditions: <br /> <br />1. The Licensee agrees to obtain the Licensor's prior written approval for any construction activities <br />within the License Area, such as fencing or paving or the installation of any buildings. The Licensee agrees <br />to maintain safe and proper clearances from all of the Licensor's facilities adjacent to the License Area at <br />all times during any construction activities. <br /> <br />2. The Licensee agrees to comply with all federal, state and local laws, construction and safety <br />codes, and other regulations in the use of the License Area. <br /> <br />3. The Licensee agrees to maintain the License Area in good, neat, clean condition and free of trash, <br />rubbish or overgrown vegetation at all times, and will promptly remove any hazards on the License Area <br />created by storms, accidents, vandalism or other causes. <br /> <br />4. The Licensee agrees to indemnify, hold harmless and defend the Licensor, its officers and <br />employees from and against any claims or liability which may be incurred by reason of any act or omission <br />of the Licensee, its officers, agents or employees in connection with the Licensee's use of the License Area. <br />