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HomeMy WebLinkAboutLicense AgreementTHE STATE OF TEXAS COUNTY OF BRAZOS LICENSE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned official who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by JEFFREY R FRENCH (hereinafter referred to as "LICENSEE"), owner of Lot 22, Block 6, Creek Meadows Subdivision Phase 3, College Station, Texas, according to the plat recorded in Volume 10452, Page 288 of the Official Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of a structure located on a portion of Lot 22, Block 6, Creek Meadows Subdivision Phase 3, College Station, Texas, to encroach upon the easement, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, not any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above - described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts not claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities that may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is necessary for exercising LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or public interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above -described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the following conditions E. Said improvements or a portion of them have expanded beyond the scope of the license; or F. Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the day of APPROVED: JEFFREY R FRENCH, LICENSEE BY: JEFFREY R FRENCH STATE OF TEXAS COUNTY OF BRAZOS 2012, APPROVED: CITY OF COLLEGE STATION, LICENSOR NANCY BERRY, Mayor ATTEST: SHERRY MASHBURN, CORPORATE ACKNOWLEDGMENT Secretary This instrument was acknowledged before me on the day of , 2012, by , as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said Corporation. Notary Public in and for the State of T E X A S STATE OF TEXAS ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS )