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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
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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
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9/2/2015 4:45:05 PM
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8/19/2015 3:06:00 PM
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Resolutions
City Clerk - Type
Approving
Number
2015-105
Date
8/18/2015
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Section 2.04. Subject to TXDOT Rules. Notwithstanding any of the provisions in this <br />Agreement, including the duration of this Agreement under Section 3.01, the installation of signs <br />under this Agreement shall be subject to any applicable rules, regulations and guidelines as <br />established by TXDOT, including the Gateway Monument Program Guidelines, which shall <br />control in the event of any conflict. <br />III. Term, Default and Termination <br />Section 3.01. Term; Termination. The initial term of this Agreement is ten years <br />commencing on the Effective Date and ending on August 31, 2025. This Agreement will renew <br />automatically for successive one -year terms unless either party elects to terminate the Agreement <br />by providing written notice of termination to the other party. Upon termination of this <br />Agreement, each patty shall be responsible for removing its sign from the other's city limits <br />within a reasonable time, but in no event, longer than 180 days after the date of termination. <br />IV. Miscellaneous Provisions <br />Section 4.01. Compliance with Laws. The obligations of Kyle and San Marcos under <br />this Agreement are subject to all applicable federal, state and local laws and regulations currently <br />in effect and as amended or modified from time to time, including any and all changes to the <br />municipal boundaries of either Kyle or San Marcos over the course of the Agreement. <br />Section 4.02. Independent Contractors. Nothing in this Agreement will be construed <br />as creating any form of partnership or joint venture relationship between the parties. The parties <br />are independent contractors with respect to each other. <br />Section 4.03. Assignment. This Agreement will inure to the benefit of, and be binding <br />upon, the successors and permitted assigns of the parties. Except as provided elsewhere herein, <br />neither party may assign any of its rights or duties under this Agreement without the written <br />consent of the other party. <br />Section 4.04. Amendments. This Agreement may be amended only through a written <br />amendment executed by the parties. <br />Section 4.05. Governing Law and Venue. This Agreement is governed by the laws of <br />the State of Texas. Venue for any dispute shall be in the appropriate state courts of Hays <br />County, Texas. <br />Section 4.06. Severability. If any the provision of this Agreement is held to be invalid <br />or unenforceable by a court of proper jurisdiction, the holding will not affect any other <br />provisions of this Agreement if the Agreement can be given effect without the invalid provision. <br />Section 4.07. Remedies; No Waivers. It is not intended hereby to specify, and this <br />Agreement shall not be considered as specifying, an exclusive remedy for any default, but all <br />such other remedies existing at law or in equity may be availed of by either party and shall be <br />cumulative. No waiver or waivers of any breach or default, or any breaches or defaults, made by <br />a party hereto of any term, covenant, condition or liability hereunder or the performance by the <br />2 <br />
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