Res 2013-154/Approving an economic development incentive agreement with Mensor Corp.

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For any other default under this Agreement, the City Manager may terminate the Agreement by sending written notice of termination to the Owner. Section 4.03. Status of Waivers Upon Termination. Upon termination of this Agreement due to default by the Owner, the Owner agrees that the waivers granted by the City shall automatically expire and the Property and any development on the Property shall be subject to the requirements of Section 7.4.2.3 of the LDC or applicable successor provisions. Section 4.04. Remedies not Exclusive. In the event of default, either party may exercise its remedies hereunder together with any other statutory or common law remedies, including applicable penal and civil enforcement provisions of the City's Land Development Code or successor provisions, or other ordinances. Any failure by one party to enforce this Agreement with respect to one or more defaults by the other party will not waive that party's ability to enforce the Agreement after that time. In the event litigation is commenced under the terms of this Agreement, the prevailing party shall be entitled to recover from the other reasonable attorney fees and costs. PART 5. MISCELLANEOUS Section 5.01. Notices. All notices required by this Agreement will be delivered to the following by certified mail, hand - delivery or, email: Owner: Lee Graham President 201 Barnes Drive San Marcos, Texas 78666 E -mail: Lee.Graham @mensor.com City City Manager City of San Marcos 630 East Hopkins San Marcos, Texas 78666 E -mail: citymanagerinfo @sanmarcostx.gov Each party may notify the other party in writing of any change in information required for notice under this paragraph. Section 5.02. Assignment. The Owner may not assign this Agreement or any of its rights, or delegate or subcontract any of its duties under this Agreement, in whole or in part, without the prior written consent of the City, which shall not be unreasonably withheld. Section 5.03. Applicable Law and Venue. This Agreement will be construed under the laws of the State of Texas. This Agreement is performable in Hays County, Texas. Mandatory venue for any action under this Agreement will be in the state court of appropriate jurisdiction for the action in Hays County, Texas. Mandatory venue for any matters in federal court will be in the United States District Court for the Western District of Texas. Section 5.04. No Liability. The Owner agrees that City assumes no liability or responsibility by approving plans, issuing permits or approvals or making inspections related to the Project. 3