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<br /> ~ ,-. 28 <br /> , r , <br /> .' <br /> - <br /> LICENSE AGREEMENT <br /> DATE: <br /> LICENSOR: City of San Marcos, a municipal corporation <br /> .~- 630 East Hopkins Street <br /> I <br /> San Marcos, Hays County, Texas 78666 <br /> LICENSEE: Randall McLendon <br /> 1505 Hillmont Court <br /> Austin, Travis County, Texas 78704 <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 /> PROPERTY: A 50 foot by 150 foot (7,500 square feet) portion of the undeveloped right-of- <br /> way of Delmar Street, from Allen Street to the northeast corner of Lot 389, as shown on <br /> the plat of the Westover Addition recorded in Volume 59, Page 183-184 of the Hays <br /> County Deed Records, and being more fully described in the attached Exhibit" A." <br /> RECITALS <br /> A. Licensee desires to improve the Property, an unopened portion of Delmar Street, <br /> for the purpose of providing driveway access to the side portion of Licensee's property, the <br /> legal description of which is Lots 388 and 389, Block 16, Westover Addition. <br /> NOW THEREFORE, Licensor, for the consideration, hereby grants and demises to <br /> Licensee a non-exclusive license to install, operate, maintain, replace, upgrade and <br /> reconstruct a driveway upon the Property, subject to the following: <br /> i. Licensee agrees to obtain the Licensor's prior written approval for Licensee's <br /> construction or reconstruction activities within the Property, such approval not to be <br /> unreasonably withheld. This approval may in the form of a City right-of-way construction <br /> permit. <br /> 2. Licensee agrees to comply with all City of San Marcos construction and <br /> maintenance standards and other regulations in the construction and maintenance of this <br /> driveway, except that the portion of Licensee's driveway that is within the Property need <br /> not be paved. 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 /> 3. Licensee agrees to indemnify, hold harmless and defend Licensor, its officers <br />