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20 LICENSE AGREEMENT DATE: August 11~ 1998 LICENSOR: City of San Marcos, a municipal corporation 630 East Hopkins Street San Marcos, Hays County, Texas 78666 LICENSEE: Cade & Beth Jackson 15110 Mitchell Bluff San Antonio, Bexar County, Texas 78248 CONSIDERATION: Ten and no/100 Dollars and other good and valuable consideration, including the Licensee's performance of its obligations under this agreement. PROPERTY: A 50 foot by 150 foot (7,500 square feet) portion of the undeveloped right-ot-wayof Delmar Street, as shown on the plat of the Z. Williamson Addition recorded in Volume 59, Page 545- 547 of the Hays County Deed Records, and being more fully described in Exhibit "A" attached. RECITALS A. LICENSEE desires to improve an unopened portion of Furman Street for the purpose of providing driveway access to the rear portion of Licensee's property, the legal description of which is Lot 5 of the resubdivision of Westover. NOW THEREFORE, LICENSOR, for CONSIDERATION, hereby grants and demises to LICENSEE a non-exclusive license to install, operate, maintain, replace, upgrade and reconstruct a driveway upon the PROPERTY, subject to the following: 1. LICENSEE agrees to obtain LICENSOR's prior written approval for LICENSEE's construction or reconstruction activities within the PROPERTY, such approval not to be unreasonably withheld. This approval may be in the form of a City right-of-way construction permit. 2. LICENSEE agrees to comply with all City of San Marcos construction and maintenance standards and other regulations for driveways in the construction and maintenance of this driveway. LICENSEE will pave the driveway per City standards within 60 days. LICENSEE agrees to maintain the driveway in good condition for the intended purposes, and LICENSEE acknowledges that LICENSOR is under no obligation to maintain the driveway. 3. LICENSEE agrees to indemnify, hold harmless and defend LICENSOR, its officers and employees from and against any claims or liability which may be incurred by reason of any act or omission of LICENSEE, its officers, agents or employees in connection with LICENSEE's construction, maintenance or use of the driveway on the PROPERTY. 4. LICENSOR reserves the right at all times, for itself and all public utilities franchised by the LICENSOR, to use the PROPERTY for right-of-way and public utility purposes, including those that may involve excavation, trenching, or other construction activities that affect LICENSEE's License Agreement (Driveway/Right-of-Way)