Res 2014-082/Cody’s Bistro request for encroachment of a Public Utility Easement

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7. Removal of 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, improvements or alterations thereon upon the determination by Licensor that such removal is necessary for exercising Licensor's rights or duties in regard to the Easement, or for protecting persons or property, or public interest in regard to the Easement. 8. Binding on successors -in- interest. 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. 9. Expiration of License. This License shall expire automatically upon removal of the Improvements from the area within the boundaries of the Easement and License Area 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. 10. Revocation or Termination of License. Licensor may revoke or terminate this License upon the occurrence of any of the following conditions or events: a) Licensee or its successors or assigns have failed to comply with the terms of this License; or b) The Improvements located thereon or any portion of them interfere with the rights of the Licensor or the public in or to the Easement; or c) The use of the Licensed Area becomes necessary for a public purpose; or d) The Improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the Improvements; or e) The Improvements or a portion of them have expanded beyond the scope of the approved encroachment; 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. 11. Integration; Amendments; No Warranty of Title. This License constitutes the entire agreement between Licensor and Licensee on this subject, and it may be amended only by written instrument executed by both parties. THE LICENSOR MAKES NO WARRANTY OF TITLE IN CONNECTION WITH THIS AGREEMENT. THE LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT THIS LICENSE DOES NOT CONSTITUTE AN INTEREST IN REAL PROPERTY, AND THE LICENSEE FULLY ACCEPTS THE RISKS ASSOCIATED WITH MAKING ANY IMPROVEMENTS TO THE PROPERTY WHILE HAVING ONLY A REVOCABLE RIGHT TO USE THE PROPERTY. This is binding on the parties and their successors and assigns, and it shall run with the title to the Property. 12. Venue. Exclusive venue for any legal dispute under this agreement is in the state court in Hays County, Texas having jurisdiction over the dispute.