Res 2003-207 - Laserfiche WebLink

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11-17-03 obligation to restore the 1.77 acres to equal or better condition than the 1.77 acres was in before the City's possession. Construction Provisions in the Agreement: All provisions in the Agreement relating to construction on property within the confines of the Reasoner Tract, including areas within the Temporary and Permanent Easements, shall apply equally to any construction permitted under this Amendment to the Agreement. To the extent the City breaches any of the provisions contained herein or in the Agreement, and the breach is not cured within thirty (30) days after notice of the breach is given by the Reasoners to the City, the Agreement and this Amendment thereto shall be null and void with no further right, title, or interest in the City to occupy or in anyway use either the Temporary or Permanent Easements for any purpose. To the extent the City holds over in its occupation and use of the Easements, it agrees to pay as liquidated damages $500.00 per day plus interest at the maximum rate provided by law, compounded annually, until paid, which the parties have agreed represents a fair and reasonable rental figure for the City's use and occupation of the Reasoner Tract. Recordation of Amendment: The City of San Marcos agrees to file this Amendment among the Official Public Records of Hays County, Texas, within thirty (30) days after receipt of the Amendment and return a file-stamped copy to H. Dixon Montague, 1001 Fannin Street, Suite 3200, Houston, Texas 77002, within thirty (30) days thereafter. IN WITNESS WHEREOF, this Amendment is executed on this the 25th day of November , 2003. -4-