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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
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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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water through the pipeline portion of the Improvements in order to coordinate with Licensee before <br /> Licensor begins any work. In the event of an emergency situation, Licensor will provide notice to <br /> Licensee as soon as is reasonably practical. <br /> 6. Compliance with Laws and Regulations. Licensee agrees to comply with all applicable <br /> laws and ordinances in the construction, repair and maintenance of the Improvements. It is specifically <br /> understood and agreed by Licensee, that the terms and conditions of this License are in addition and <br /> supplemental to the requirements of applicable City of San Marcos ordinances, including Article 4 of <br /> Chapter 74 of the San Marcos City Code. <br /> 7. Assignment; Binding on Successors. Subject to providing written notice of assignment to <br /> Licensor, Licensee may assign this License Agreement to subsequent purchasers of the Property. This <br /> License Agreement shall be binding upon subsequent owners of the Property. This License Agreement <br /> shall be filed in the Official Public Records of Hays County Texas. <br /> 8. Revocation or Termination of License. In addition to any other rights of termination herein <br /> or remedies available at law or in equity,Licensor may revoke or terminate this License Agreement upon <br /> 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 and have not cured such failure within thirty (30) days after receipt of notice of such an <br /> event; <br /> b. the Improvements or a portion of them constitute a danger to the public which is <br /> not remediable by maintenance or alteration of the Improvements; or <br /> C. maintenance or alteration of the Improvements necessary to alleviate a danger to <br /> the public has not been made within a reasonable time after the dangerous condition has arisen. <br /> In the event of any termination of this License Agreement,in whole or in part,upon the written request of <br /> Licensor,Licensee shall sign a mutually executed notice of termination for recording in the Official Public <br /> Records. <br /> 9.Integration; Amendments. This License Agreement constitutes the entire agreement between <br /> Licensor and Licensee on this subject, and it may be amended only by written instrument executed by <br /> both parties. , <br /> 10.No Real Property Interest. This license does not constitute an interest in real property, and <br /> Licensee fully accepts the risks associated with incurring expenses with regard to the Improvements while <br /> having only a revocable right to use the License Area. <br /> 11. Venue. Venue for any legal dispute under this agreement shall be in the state courts having <br /> jurisdiction in Hays County, Texas, or if in federal court,the United States District Court for the western <br /> District of Texas,Austin Division. <br />
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