HomeMy WebLinkAboutLicense AgreementTHE STATE OF TEXAS
COUNTY OF BRAZOS
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 301 CHURCH AVENUE, L.P. (hereinafter
referred to as "LICENSEE', owner of Lot 1, Block 67, W.C. Boyett Estates Partition, CoIlege
Station, Texas, according to the plat recorded in Volume 100, Page 440 of the Deed Records of
Brazos County, Texas, hereby grants a license to the said LICENSEE to permit portions of
structures located on a portion of Lot 1, Block 6-7, Boyett Estates Partition, College Station, Texas,
to encroach upon an electrical easement at two separate locations, as shown on Eslubits "A" and
`B" 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 shaIl be at all times
under and not is contact with any electric, water, sewer, or other utility, or equipment, or interfere
is any way with such ut>Zity, iadudiag 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, nor nay related permit, constitutes as abandonment by
LICENSOR of its property, easement or easements, or any other rights is and to the above-
descnbed property. LICENSEE expressly stipulating and agreeing by LICENSEE'S acceptance of
this license that LICENSEE neither asserts nor 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, includmg 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 is 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 eristed prior to construction of the improvements which are the subject of this
License Agreement. LICENSEE shall pay aIl costs of relocation of any public utilities or facilities
that may be incurred as a result of the proposed construction or actual construction.
LICENSEE agrces to comply with all laws and ordinances in the ooastruction and maintenance of
said improvements.
LICENSOR retains the right, but not the obligation, to eater upon the land to which this license
applies and at LICENSEE'S expense to remove any structure or improvements or alterations
thereon upon the deteanination by LICENSOR that such removal is necessary for exercising
LICENSOR's zig}~ts or duties in regard to said easement, or for protecting persons or property, oz
pubfic interest is regard to said easement.
This license, until its ezpiration 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 shaIl cause any immediate successors in interest to have factual notice of this
License Agrcement.
This license shaIl 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 or events:
A. LICENSEE or its successors or assigns have faded to comply with the tears
of the granting of the license; or
B. The improvements located thereon or nay portion of them interfere with
the rights of the LICENSOR or the public in or to LICENSOR's property;
or
C. The use of the licensed area becomes necessary for a pubfic purpose; or
}rb: Inry docrnuxtt4rcroaehltadlXOwil.doc
m%tnool APPEEL~TTDIX A
D. Said improvements or portions of them constitute a danger to the pubfic
which is not remediable by maintenance or alteration of the said improve-
ments; or
E. Said improvements or portions of them have expanded beyond the scope of
the license; or
F. Maintenance or alteration necessary to alleviate danger to the pubfic 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 ficense shall be filed of record in the Offidal Records of the County Clerk of the Brazos
County Courthouse.
APPROVED this the day of .2001.
APPROVED:
301 CHURCH AVENUE, L.P.
LICENSEE
APPROVED:
CITY OF COLLEGE STATION,
LICENSOR
BY:
THOMAS KIRKI.AND, President
STATE OF TEXAS
BY:
LYNN McILHANEY, Mayor
ATTEST:
CONNIE HOOKS, City Secretary
CORPORATE ACKNO .RDGMENT
COUNTY OF BRAZOS
This instrument was acknowledged before me on the day of September, 2A00, by LYNN
McILHANEY, as Mayor of the City of College Station, a Tezas Municipal Corporation, oa behalf
of said Corporation.
Notary Public in and for
the StateofTEXAS
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on the day of September, 2000, by THOMAS
KIRKLAND, as President of 301 CHURCH AVENUE, L.P., on behalf of said partnership.
Notary Public in and for the State of Tezas
-2-
yb: Ivry doewn~nblartroad~lriedlgorul.doc