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<br />I <br /> <br />LICENSE AGREEMENT <br /> <br />STATE OF TEXAS <br /> <br />~ <br />9 <br />9 <br /> <br />CITY OF HAYS <br /> <br />This Agreement is made and entered into by and between the City of San Marcos, <br />Texas, a municipal corporation and home-rule city of the State of Texas (the "CITY"), <br />and Carma Blanco Vista, Ltd., a Texas limited partnership (the "PROPERTY OWNER"), <br />hereinafter collectively referred to as the "Parties", for the purposes and consideration <br />described herein. <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the PROPERTY OWNER is developing Blanco Vista Phase I-A, a <br />subdivision located in Hays County, Texas, being more particularly described in that <br />certain map or plat of record in Volume 13, Page 246-251 of the Plat Records of Hays <br />County, Texas, as amended in Volume 3039, Page III and Volume 3055, Page 56 of the <br />Official Public Records of Hays County, Texas (the "Subdivision"); and <br /> <br />I <br /> <br />WHEREAS, the PROPERTY OWNER plans to install, pay expenses, and <br />maintain certain landscaping and improvements in portions of the right-of-way of the <br />Subdivision roads; and <br /> <br />WHEREAS, the landscaping and improvements to be constructed after the date <br />hereof include, but are not limited to, trees, shrubs, fences, walls, and irrigation systems <br />(the "Improvements") within portions of the right-of-way of the Subdivision roads, which <br />are not intended or used for vehicular traffic; and <br /> <br />WHEREAS, the area of the right-of-way within which the Improvements are to <br />be installed and/or maintained (the "Licensed Property") is described in the Exhibit "A", <br />which is attached hereto and incorporated herein for all purposes; <br /> <br />NOW, THEREFORE, the CITY and the PROPERTY OWNER agree as follows: <br /> <br />1. Grant <br /> <br />Subject to the conditions in this Agreement and to the extent of the right, title and <br />interest of the CITY in and to the Licensed Property and without any express or <br />implied warranties, the CITY grants to the PROPERTY OWNER permission to <br />use the Licensed Property to construct, maintain and repair the Improvements <br />existing in the Licensed Property as of the date of this Agreement. <br /> <br />I <br /> <br />License Agt Carma BV San Marcos 20070126 <br />