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Res 2009-053
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Res 2009-053
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Last modified
1/22/2015 4:30:48 PM
Creation date
4/13/2009 8:55:21 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2009-53
Date
4/7/2009
Volume Book
181
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H <br />Form 2044 (Rev. 01/08) <br />Page 6 of 8 <br />City <br />shall use the premises in compliance <br />with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, <br />Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination in <br />Federally- Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil <br />Rights Act of 1964, and as said Regulations may be amended. <br />That if in the event of any breach of the above non - discrimination covenants, the State shall have the <br />right to terminate the agreement and reenter and repossess said land and the facilities thereon, and <br />hold the same as if said agreement had never been made or issued. <br />18. AMENDMENTS <br />Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by <br />a written amendment executed by both parties hereto. <br />19. LEGAL CONSTRUCTION <br />In case one or more of the provisions contained in this agreement shall for any reason be held invalid, <br />illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any <br />provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable <br />provision had never been contained in this agreement. <br />20. NOTICES <br />All notices required under this agreement shall be mailed or hand delivered to the following respective <br />addresses: <br />STATE (Name of other party) <br />(Mailing Address) (Mailing Address) <br />Texas Department of Transportation City of San Marcos <br />Maintenance Division Public Works Department <br />125 East 11th Street 630 E. Hopkins <br />Austin, Texas 78701 -2483 San Marcos, Texas 78666 <br />21. WARRANTS <br />The signatories to this agreement warrant that each has the authority to enter into this agreement on <br />behalf of the party represented. <br />List of Attached Exhibits: <br />Exhibit A - General Layout <br />Exhibit B - Metes and Bounds Description <br />Exhibit C - Approved Construction Plans <br />Exhibit D - Certificate of Insurance (TxDOT Form 1560) <br />Exhibit E - Attachment A (FHWA Additional Requirements) <br />
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