Laserfiche WebLink
City Of San Marcos <br />Form CoSM- Bond -01 <br />rights, remedies, or claims to any other person, firm, corporation or other entity, <br />including, without limitation, any contractor or other party retained for the relocation <br />work or the public in general. <br />26. Time is of the essence in the performance of this Agreement. <br />27. The Owner represents and warrants that the person executing this Agreement is duly <br />authorized to enter into this Agreement on behalf of the Owner and to bind the Owner to <br />the terms hereof. <br />28. It is expressly understood that this Agreement may be terminated by the City at any time <br />up to the date that work under this Agreement is authorized and that such termination will <br />not create any liability on the part of the City. <br />29. This Agreement does not and shall not be construed to alter or amend the rights, duties <br />and obligations of the City and Owner as set forth in any franchise agreements between <br />them whether entered into before or after the date hereof. To the extent of any conflict, <br />the terms of any such franchise agreement shall control over the terms in this Agreement. <br />EXECUTED on behalf of the Owner by its duly authorized representative; and on behalf of the <br />City of San Marcos. <br />OWNER: The City of San Marcos: <br />ENTERPRISE PRODUCTS <br />OPERATING, LLC <br />l <br />By: By: <br />Title: Agent and Attorney -in -Fact <br />Date: -5- 2 l -le <br />Rick Menchaca, City Manager <br />Date: "l ' 7 ; v <br />CoSM -03 Enterprise.doc Page 7 of 7 <br />