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~ 13i{Dlq DOC# 399880 LICENSE AGREEMENT THE STATE OF TEXAS § 1226 422 § KNOW ALL MEN BYTHESE PRESENTS: COUNTY OF HAYS § That the CITY OF SAN MARCOS (hereinafter referred to as "Licensor") owner of a 25 foot wide Public Utility Easement within that certain real property in the City of San Marcos more particularly set out on Exhibit "A" (a reduced copy of that certain survey made by BYRN ASSOCIATES, INC., by David C, Williamson, Registered Professional Land Surveyor No. 4190 dated October 20, 1995 attached hereto and made a part hereof for all purposes), in consideration of the agreements made herein by the RESOLUTION TRUST CORPORATION as RECEIVER OF LA HACIENDA SAVINGS ASSOCIATION (hereinafter referred to as "Licensee")" hereby grants a license to Licensee to allow the encroachment of buildings and pavement over the Licensor's Utility Easement area iocated at 1108 Interstat~ ,Highway 35 North, as further depicted in Exhibit "A" attached hereto. The area of these encroachments depicted on Exhibit "A" shall hereinafter be referred to as the "Licensed Area," without any express or implied warranties. I. Licensee acknowledges that the Licensed Area constitutes a portion of a public utility easement, and agrees that all construction and maintenance herein permitted shall be done in compliance with police, traffic, building, fire and health regulations of the City of San Marcos now existing or hereafter adopted. II. Licensor, its governing body, and its respective successors and assigns agree that no annual fee shall be assessed for the license and permission herein granted to Licensee. III. - Licensee shall, at its sale expense, provide a commercial general liability insurance policy, written by a company acceptable to Licensor and licensed to do business in Texas, with a combined single limit of not less than Five Hundred Thousand and No/100 Dollars ($500,000.00), which covemgð may be provided in ~Ì1e form of a rider and/or endorsement to a previously existing insurance policy. Such insurance coverage shall specifically name Licensor as a co-insured, This insurance coverage shall cover all perils arising from the activities of Licensee, its officers, employees, agents or contractors, relative to this license agreement. Licensee shall be responsible for any deductibles stated in the policy. A true copy of each instrument effecting such coverage shall be delivered to Licensor v.vithin thirty (30) days after the effective date of this license agreement. Licensee shall furnish such certificate to Licensor annually verifying the renewal of such coverage, Licensee shall not cause such insurance to be canceled nor permit such insurance to lapse, All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until thirty (30) days after Licensor has received written notice as evidenced by a return receipt of registered or certified mail. "",,r:~(;( . ¡ Pu~ ~'" . ; h... ':sUC RECORDS \!?icys County, Texas