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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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11. Assignment; Binding on Successors. Subject to providing advance written notice of <br /> assignment to Licensor, licensee may assign this License Agreement to subsequent purchasers of <br /> the Property. This License Agreement shall be binding upon subsequent owners of the Property. <br /> This License Agreement shall be filed in the Official Public Records of Hays County Texas. <br /> 12. Revocation or Termination of License. In addition to any other rights of termination <br /> herein or remedies available at law or in equity, Licensor may revoke or terminate this License <br /> Agreement upon the occurrence of any of the following conditions or events: <br /> a. Licensee or its successors or assigns have failed to comply with the terms of this <br /> License; <br /> b. the Improvements or any portion of them interfere with the rights of the Licensor or <br /> the public in or to the License Area; <br /> c. the Improvements or a portion of them constitute a danger to the public which is not <br /> remediable by maintenance or alteration of the Improvements; <br /> d. the Improvements or a portion of them have expanded; <br /> e. maintenance or alteration of the Improvements necessary to alleviate a danger to the <br /> public has not been made within a reasonable time after the dangerous condition has <br /> arisen; or <br /> f. Licensee provides written notice of termination for convenience at least 180 prior to <br /> the effective date of termination stated in the notice. <br /> 13. Restoration. Upon termination of this License Agreement, Licensee, at its own <br /> expense,shall remove such components of the Improvements that Licensor requests to be removed <br /> and restore the areas where such components are removed to such condition as existed prior to <br /> installation of the Improvements, or such other condition as approved by Licensor. <br /> 14. Integration; Amendments. This License Agreement constitutes the entire agreement <br /> between Licensor and Licensee on this subject, and it may be amended only by written instrument <br /> executed by both parties. <br /> 15.No Real Property Interest.This license does not constitute an interest in real property, <br /> and Licensee fully accepts the risks associated with incurring expenses with regard to the <br /> Improvements while having only a revocable right to use the License Area. <br /> 16. Venue. Exclusive venue for any legal dispute under this agreement is in the state court <br /> in Hays County,Texas having jurisdiction over the dispute, or if in federal court,the United States <br /> District Court for the Western District of Texas, Austin Division. <br /> [SIGNATURES ON NEXT PAGE] <br />
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