Res 2015-105/Approving an interlocal agreement with the City of Kyle allowing each city to install gateway monument signs within TxDOT right-of-way in the other’s city limits

Home Browse Search

Section 2.04. Subject to TXDOT Rules. Notwithstanding any of the provisions in this Agreement, including the duration of this Agreement under Section 3.01, the installation of signs under this Agreement shall be subject to any applicable rules, regulations and guidelines as established by TXDOT, including the Gateway Monument Program Guidelines, which shall control in the event of any conflict. III. Term, Default and Termination Section 3.01. Term; Termination. The initial term of this Agreement is ten years commencing on the Effective Date and ending on August 31, 2025. This Agreement will renew automatically for successive one -year terms unless either party elects to terminate the Agreement by providing written notice of termination to the other party. Upon termination of this Agreement, each patty shall be responsible for removing its sign from the other's city limits within a reasonable time, but in no event, longer than 180 days after the date of termination. IV. Miscellaneous Provisions Section 4.01. Compliance with Laws. The obligations of Kyle and San Marcos under this Agreement are subject to all applicable federal, state and local laws and regulations currently in effect and as amended or modified from time to time, including any and all changes to the municipal boundaries of either Kyle or San Marcos over the course of the Agreement. Section 4.02. Independent Contractors. Nothing in this Agreement will be construed as creating any form of partnership or joint venture relationship between the parties. The parties are independent contractors with respect to each other. Section 4.03. Assignment. This Agreement will inure to the benefit of, and be binding upon, the successors and permitted assigns of the parties. Except as provided elsewhere herein, neither party may assign any of its rights or duties under this Agreement without the written consent of the other party. Section 4.04. Amendments. This Agreement may be amended only through a written amendment executed by the parties. Section 4.05. Governing Law and Venue. This Agreement is governed by the laws of the State of Texas. Venue for any dispute shall be in the appropriate state courts of Hays County, Texas. Section 4.06. Severability. If any the provision of this Agreement is held to be invalid or unenforceable by a court of proper jurisdiction, the holding will not affect any other provisions of this Agreement if the Agreement can be given effect without the invalid provision. Section 4.07. Remedies; No Waivers. It is not intended hereby to specify, and this Agreement shall not be considered as specifying, an exclusive remedy for any default, but all such other remedies existing at law or in equity may be availed of by either party and shall be cumulative. No waiver or waivers of any breach or default, or any breaches or defaults, made by a party hereto of any term, covenant, condition or liability hereunder or the performance by the 2