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other than for the existing placement of the single-family dwelling, or to use any portion of the S. Holmes Ave. right-of-
<br />way that is outside of the Encroachment Area.
<br />3. Term. This Agreement shall be in effect from and after the Effective Date with no term, subject however, to
<br />termination as set forth in paragraph eight (8) hereof.
<br />4. Non-exclusive license. The license granted by this Agreement is not exclusive, and is subject and subordinate to:
<br />(a) the right of the City to use the Encroachment Area for any purpose, including the right to make any repairs,
<br />modifications, or other changes to the Encroachment Area; (b) any existing utility, drainage or communication facility
<br />located within, on, under, over, or upon the Encroachment Area and/or S. Holmes Ave.; (c) all vested rights presently
<br />owned by any utility or communication company; (d) any existing license, lease, easement, or other interest heretofore
<br />granted by the City; (e) the terms and conditions of this License Agreement; and (f) applicable Law.
<br />5. Use.
<br />(a) All use of the Encroachment Area under this Agreement by Bertuglia shall be conducted and performed in such a
<br />manner so as not to interfere with the public use of the S. Holmes Ave. right-of-way, or to create a dangerous condition
<br />on any portion of the S. Holmes Ave. right-of-way.
<br />(b) The use of the Encroachment Area by Bertuglia shall be conducted and performed in a safe, clean, and neat manner,
<br />as determined by the City, and the Encroachment Area shall be maintained by Bertuglia in good condition, as determined
<br />by the City. Prior to instituting any maintenance or work on or within the Encroachment Area, Bertuglia shall secure from
<br />the City any necessary permits, including building and/or right-of-way permits. The City shall be the sole judge of the
<br />quality of the maintenance, and upon written notice from the City, by and through the City Manager orthe City Manager's
<br />designee, stating in general terms how and in what manner the maintenance is required, Bertuglia shall perform such
<br />required maintenance. If Bertuglia fails to do so, the City shall have the right (in addition to any other rights of the City
<br />provided for herein) to perform such maintenance, the cost of which shall be borne by Bertuglia.
<br />(c) In connection with this Agreement, Bertuglia is and shall at all times be and remain responsible and liable for the acts
<br />and omissions of Bertuglia and his representatives, agents, contractors, consultants, licensees, guests, and invitees, and
<br />their respective owners, directors, partners, managers, officers, employees, representatives, agents, contractors,
<br />consultants, licensees, guests, and invitees. The provisions of this subparagraph (c) shall survive the termination or
<br />expiration of this Agreement.
<br />(d) The City has and shall at all times have the right to enter into, upon, under and over the Encroachment Area for any
<br />purpose whatsoever, including to make any modifications, repairs, or other changes to the Encroachment Area.
<br />(e) Nothing in this agreement is intended to limit or to affect any of the City's regulatory or police powers, and it is the
<br />responsibility of Bertuglia to comply with all applicable rules, regulations and ordinances of the City which arise out of the
<br />City's regulatory or police powers, including but not limited to zoning, fence and building ordinances. The license granted
<br />under the terms of this agreement shall not be construed as a variance, special exception, permit, ruling, or order of any
<br />kind under or pursuant to any of said rules, regulations or ordinances, but instead, this consent relates solely to the City's
<br />property rights with respect to S. Homes Ave. right-of-way. Should any such variance, special exception, permit, ruling or
<br />order of any kind be required now or hereafter, it shall be the responsibility of Bertuglia to seek it separately.
<br />6. Insurance.
<br />At all times in connection with this Agreement, Bertuglia shall purchase and maintain home owner's insurance in a
<br />company or companies lawfully authorized to do business in Texas. Upon request, Bertuglia shall furnish the City of La
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