Res 2014-091/Torchy’s 380 Waiver

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revoked and Torchy's conditional use permit for on- premises consumption of alcoholic beverages may, at the City's sole discretion, be suspended or revoked without a hearing, and without recourse against the City, its officers, agents, or employees. Section 4.04. Automatic Termination. In addition to automatic termination under paragraph 3.02 (a), this Agreement shall terminate automatically upon the denial of any application, permit or request of Torchy's related to the Project and Torchy's exhaustion of remedies related thereto making the Project infeasible under applicable laws, ordinances, rules and regulations. Section 4.05. 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 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 or confirmed facsimile transmission if either party provides to the other a number for facsimile transmission: Cam: City Manager City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Torchy's: Farrel Kubena, V.P. of Development Success Foods Management Group, L.L.C. 1402 Hether Street Austin, Texas 78704 Each party will notify the other party in writing of any change in information required for notice under this paragraph. Section 5.02. Assignment. Torchy's 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. 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. Torchy's agrees that City assumes no liability or