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Res 2018-030/approving a license to encroach agreement with Ricardo Garza Hinojosa to allow certain driveway access and trash and recycling receptacle encloure improvements within right-of-way at 1654 Post Road
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Res 2018-030/approving a license to encroach agreement with Ricardo Garza Hinojosa to allow certain driveway access and trash and recycling receptacle encloure improvements within right-of-way at 1654 Post Road
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3/30/2018 2:32:39 PM
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3/12/2018 4:23:56 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2018-30
Date
3/6/2018
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8. Maintenance. Licensee shall operate and maintain the Improvements and the License <br /> Area in a clean, safe and sanitary condition at all times in accordance with applicable laws and <br /> ordinances. If Licensee fails to maintain the Improvements and License Area in the manner <br /> provided herein such that the Improvements are in violation of applicable City of San Marcos <br /> ordinances, e.g., unsafe structure presenting danger to passersby, Licensor, after written notice to <br /> Licensee and an opportunity to cure as provided in such notice, may undertake such maintenance <br /> activities and bill Licensee for the costs of such activities. If Licensee fails to pay such costs within <br /> 30 days after receipt of an invoice from Licensor, Licensor may file a lien against the Property in <br /> the amount of the invoice, plus interest accruing at the rate of 10 percent per annum until paid. <br /> 9. Extra Costs. In the event that any installation, reinstallation, relocation or repair of <br /> any existing or future public improvements by the City within the License Area is made more <br /> costly by virtue of the construction,maintenance or existence of the Improvements,Licensee shall, <br /> within 30 days of receipt of an invoice from the City, pay to Licensor an amount equal to such <br /> additional cost as determined by the Licensor.If Licensee fails to timely pay such invoice,Licensor <br /> may file a lien against the Property in the amount of the invoice, plus interest accruing at the rate <br /> of 10 percent per annum until paid. <br /> 8. Insurance. This License Agreement shall not be effective unless and until Licensee <br /> files with Licensor a certificate of liability insurance or other proof of insurance in a form <br /> acceptable to Licensor's risk manager confirming that the Licensee has procured a policy of <br /> commercial general liability insurance issued by an insurance company authorized to do business <br /> in the state of Texas. The policy shall provide in substance that the insurer will defend against all <br /> claims and lawsuits which arise and will pay any final judgment of a court of competent <br /> jurisdiction against the city, its officers, agents or employees. The insurance shall provide <br /> coverage in an amount of not less than $1,000,000.00 for each single occurrence. The policy of <br /> insurance shall name both Licensee and Licensor as insured parties to the full amount of the policy <br /> limits. If the policy is not kept in full force and effect throughout the term of this License <br /> Agreement, the License Agreement may be terminated by Licensor upon providing written notice <br /> of termination to Licensee. <br /> 9. Compliance with Laws and Regulations. Licensee agrees to comply with all laws <br /> and ordinances in the construction, repair and maintenance of the Improvements. <br /> 10. Removal of Improvements. If Licensor, in its sole discretion, determines that <br /> temporary or permanent removal of all or portions of the Improvements is necessary for exercising <br /> Licensor's rights or duties in regard to the License Area, or for protecting persons or property, <br /> Licensor will provide written notice thereof to Licensee and, within the time specified in such <br /> written notice, Licensee shall remove the Improvements or such portions thereof. If Licensee fails <br /> to undertake such removal within the time specified in the written notice, Licensor retains the right <br /> to enter upon the License Area and, at Licensee's expense, undertake such removal. As to the <br /> portions of the Improvements removed, other than a temporary removal requested and approved <br /> by Licensor, this License Agreement shall automatically expire and the License Area be reduced <br /> accordingly. <br />
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