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Res 2024-109 approving a Right of Way Dedication Agreement with Carma Paso Robles, LLC under which Carma Paso Robles, LLC will dedicate to the City the land needed for a future extension of Centerpoint Road from the Kissing Tree development
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Res 2024-109 approving a Right of Way Dedication Agreement with Carma Paso Robles, LLC under which Carma Paso Robles, LLC will dedicate to the City the land needed for a future extension of Centerpoint Road from the Kissing Tree development
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7/26/2024 2:56:42 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2024-109
Date
7/2/2024
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(b) Notice. In the event any party hereunder desires or is required to give any <br />notice to any other party, such notice shall be in writing and shall be deemed given when the <br />notifying party deposits the same in the United States mail, certified mail, return receipt requested, <br />postage prepaid, or delivers said notice by personal or receipted delivery, or by email or other <br />electronic transmission, to the person or entity at the address set forth below such party's signature <br />hereto. <br />(c) Attorneys' Fees. If any party defaults in the performance of its obligations <br />hereunder, the non -defaulting party(ies) shall be entitled to recover from the defaulting party <br />reasonable attorneys' fees, expenses, and costs of court in enforcing the obligations of the <br />defaulting party. <br />(d) No Partnership or Agency. This Agreement is not intended, and nothing <br />herein shall be construed, to make the parties hereto partners, co -tenants or joint venturers with <br />each other, or to authorize any party to act as the agent of any other party. <br />(e) No Oral Modification. This Agreement may not be modified, amended, or <br />altered except by an agreement in writing signed by the parties. <br />(f) Governing Law. This Agreement has been prepared, is being executed and <br />delivered, and is intended to be performed in the State of Texas, and the substantive laws of such <br />State shall govern the validity, construction, enforcement and interpretation of this Agreement. <br />Venue of any case or controversy arising under or pursuant to this Agreement shall lie in Hays <br />County, Texas. <br />(g) Severability. If any covenant, provision, or agreement of this Agreement <br />shall be held illegal, invalid, or unenforceable under present or future laws effective during the <br />term of this Agreement, then and in that event, it is the intention of the parties hereto that the <br />remainder of this Agreement shall not be affected thereby, and that this Agreement shall otherwise <br />continue in full force and effect. It is the further intention of the parties that in lieu of each covenant, <br />provision, or agreement of this instrument that is held illegal, invalid, or unenforceable, there be <br />added as a part hereof a clause or provision as similar in terms to such illegal, invalid or <br />unenforceable clause or provision as may be possible and be legal, valid and enforceable. <br />(h) Entire Agreement. This Agreement embodies the entire agreement between <br />the parties, and supersedes all prior agreements and understandings, if any, relating to the subject <br />matter hereof. <br />(i) Binding Effect and Assignment. The terms of this Agreement shall be <br />binding upon and inure to the benefit of the parties hereto and their respective successors, assigns <br />and legal representatives. <br />0) Counterparts. This Agreement may be executed in any number of <br />counterparts, all of which taken together shall constitute one and the same agreement, and any of <br />the parties hereto may execute this Agreement by signing any such counterparts. <br />4 <br />
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