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Res 2023-143R approving an Encroachment Agreement with Guadalupe-Blanco River Authority (GBRA) that allows relocation of certain GBRA Improvements, due to construction by Hays County
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Res 2023-143R approving an Encroachment Agreement with Guadalupe-Blanco River Authority (GBRA) that allows relocation of certain GBRA Improvements, due to construction by Hays County
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9/18/2023 3:59:03 PM
Creation date
9/18/2023 3:57:49 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2023-143
Date
9/5/2023
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Consideration: Ten dollars ($10.00), other good and valuable consideration and the faithful <br /> performance of the covenants and conditions established in this License <br /> Agreement. <br /> 1. Purpose. Licensee seeks to install a raw water pipeline and associated improvements (the <br /> "Improvements") partially within and adjacent to the License Area. The purpose of this License <br /> Agreement is to establish terms and conditions under which Licensee may install the Improvements and <br /> conduct associated activities within the License Area. <br /> 2. Grant of License. For the Consideration, Licensor hereby grants a non-exclusive License to <br /> the Licensee to install, maintain, repair, and replace the Improvements within the License Area.Neither <br /> the granting of this license,nor any related permit,constitutes an abandonment by Licensor of the License <br /> Area or any other rights in and to the Easement. <br /> 3. Coordination. <br /> a.Initial Construction.Before beginning the initial construction of the Improvements or <br /> staging any equipment, machinery, signage, barricades, and other items related thereto, Licensee <br /> shall submit its plans to Licensor for written approval, which approval shall indicate a schedule <br /> for completion of the work, and any areas beyond the boundaries of the License Area temporarily <br /> needed during construction. - <br /> b. Maintenance, Repair and Replacement. Licensee shall provide at least seven days' <br /> advance written notice to Licensor of any maintenance or repair activities in order to avoid <br /> conflicts with any activities being conducted by Licensor within the License Area. In the event of <br /> any identified conflicts, the Parties will establish a mutually agreed written plan or schedule for <br /> resolving the conflict. For any maintenance, repair or replacement work requiring excavation, <br /> trenching,or staging of machinery and equipment,Licensee shall also submit its plans to Licensor <br /> to enable inspection and coordination.Notwithstanding the foregoing,in the event of emergencies <br /> posing an imminent threat to public health or safety, such as a waterline break,Licensee may take <br /> such responsive or corrective measures as are appropriate by providing notice to Licensor as soon <br /> as is reasonably practical. <br /> 4. No Enlargement of Improvements. The license granted herein is subject to the requirement <br /> that the nature of Improvements shall not be altered without the prior written approval of Licensor, <br /> provided the Improvements may be replaced in the same locations with improvements that are of similar <br /> size and character as necessary to maintain good working order. <br /> 5. Right of Use of License Area by Licensor. The Licensor reserves the right at all times, to <br /> use and maintain the License Area for all lawful purposes and to perform related construction, <br /> maintenance, and operation activities on, under or above the License Area, including those that involve <br /> excavation and trenching, or other activities that may affect the Improvements. Licensor will notify <br /> Licensee of any activity that may affect the Improvements and coordinate with Licensee before the activity <br /> is undertaken.Notwithstanding the foregoing,except in the event of an emergency posing an imnent threat <br /> to public health or safety, Licensor will provide seven(7)days advance written notice to Licensee of any <br /> activity of Licensor that would result in or necessitate the temporary disruption in the conveyance of raw <br />
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