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Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System
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Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System
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4/30/2015 3:36:50 PM
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1/30/2015 8:34:16 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-05
Date
1/20/2015
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Groundwater Rights leased hereunder, nor otherwise authorize or allow any <br />other third -party to withdraw such groundwater. Any such unauthorized <br />withdrawals shall constitute a violation of this Lease, and the applicable <br />rules of Lessee. <br />9. gKid Lessor does hereby warrant and represent to Lessee that it has good title to <br />Enjoyment. the Property and Groundwater Rights leased to Lessee hereunder and does <br />hereby covenant to provide to Lessee quiet enjoyment, without restriction <br />or limitation, of the Property and Groundwater Rights during the full Term <br />of this Lease, subject only to any matters of record in the Official Public <br />Records of [insert name of county] County, Texas, as of the Effective Date <br />hereof. <br />10. Proceeds Lessor assigns to Lessee all interest of Lessor in and to any condemnation <br />From awards or insurance proceeds which relate to Lessee's interest in the <br />Awards. Groundwater Rights which are allocated to the value of Lessee's interest <br />in this Lease. <br />11. Cooperation. Lessor will use its best efforts, take such actions, and execute and deliver <br />such documents Lessee determines necessary to fully vest Lessee with the <br />Groundwater Rights and make effective all of the terms of this Lease. In the <br />event that the Property or the Groundwater Rights is burdened by a <br />mortgage or deed of trust, and the holder of such mortgage and deed of trust <br />has not previously released their lien on the Groundwater Rights, Lessor <br />shall use best efforts to obtain and deliver to Lessee a Subordination, <br />Nondisturbance and Attornment Agreement, in form and content acceptable <br />to Lessee, executed by Lessee and the applicable holder of such mortgage <br />or deed of trust. <br />12. Assignability. Lessee shall have the right to sublease or assign this Lease, and shall give <br />to Lessor prompt written notice of such sublease or assignment. <br />13. Notices. Any notices to be given hereunder shall be given by placing the notice in <br />the United States mail, certified or registered, properly stamped and <br />addressed to the address shown below or such other addresses as the <br />respective party may direct in writing to the other, by overnight delivery <br />service, or by personal delivery to such address. Notice shall be deemed <br />effective upon such placing in the mail, on the next business day following <br />delivery and acceptance for next day delivery by any overnight delivery <br />service, or upon actual delivery if by personal delivery: <br />Lessor: [insert name] <br />[insert title] <br />[insert name of Lessor] <br />[insert physical address] <br />[insert city, state, zip code] <br />Page 5 of 8 <br />
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