Res 2003-156 - Laserfiche WebLink

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counsel proposed by Carson. Such legal counsel, even though paid for by Carson, shall be legal counsel for Client(s), shall be retained for the limited purpose of defending Client(s) in such third party litigation and, to that extent, shall owe his professional duty to each Client represented with respect to the subject matter of the representation. Such mutually agreed to legal counsel retained to represent Clients (as defined in this paragraph) shall not represent Carson in such third party litigation. Both Carson and the City shall have the ability to provide input on the defense, however, no input shall interfere with the mutually agreed to legal counsel's professional obligations in representing the Client(s). 6 If any third party successfully challenges the validity of this Agreement or all or any portion of the Final Judgment by obtaining a judgment from a court of competent jurisdiction, Carson shall have the option of either appealing such judgment or exercising his options under section III(D) of this Agreement once he has informed the City, in writing, of his decision within a reasonable time. Should Carson chose not to appeal such final judgment the City shall have the option of appealing the judgment at its own expense and Carson will be free to exercise his rights under Section HI(D) of this Agreement, irrespective of any pending appeal. Carson must provide written notice to the City of his decision not to appeal such judgment, should he chose to do so, in a timely mamler to allow the City enough time to perfect an appeal. Notice shall be delivered to the City via hand delivery, facsimile or certified mail as the following address or facsimile number: City of San Marcos Attn: City Attorney 630 East Hopkins San Marcos, Texas 78666 (512) 393-3983 facsimile B. Defendant's Consideration and Agreement: As part of this Agreement, Defendant agrees as follows: 1. The City agrees to approve the Modified Project as explicitly described below in Section IV; 2. The City agrees to recognize the Variances described below as running with the Property and applying to the Modified Project upon the condition that the Modified Project is constructed on the Property; 3. The City agrees to recognize the Specific Use Permit granted by the City of San Marcos Planning and Zoning Commission on April 10, 2001 as applying to the Modified Project upon the condition that the Modified Project is constructed on the Property; and 4. The City agrees to cooperate with Carson in the defense of any action that contests the validity of the Final Judgment and/or this Agreement, including but not limited - 5 -