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Res 2009-012
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Res 2009-012
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Last modified
2/10/2010 8:35:34 AM
Creation date
1/7/2009 11:56:01 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2009-12
Date
1/6/2009
Volume Book
179
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4.2 The County recognizes that the estimated costs associated with the City's <br />acquisition of the Property and the design and construction of the historic <br />monument, all of which constitute the City's consideration under this ILA, will <br />exceed the market value of the Property itself. <br />4.3 The County shall not be obligated to (but may) contribute any monies or <br />resources toward the design, construction, and/or maintenance of the historic <br />monument. <br />ARTICLE V: Miscellaneous. <br />5.1 The Parties recognize that the City is a governmental entity that has the power of <br />eminent domain under state and federal law. <br />5.2 Each Party agrees to comply with all laws, regulations, rules, and ordinances <br />applicable to this ILA and/or applicable to the parties performing the terms and <br />conditions of this ILA. <br />5.3 If any Section or provision of this ILA is held to be invalid or void, the other <br />Sections and provisions of this ILA shall remain in full force and effect to the <br />greatest extent as is possible, and all remaining Sections or provisions of this ILA <br />shall be construed so that they are as consistent with the parties' intents as <br />possible. <br />5.4 This ILA may be executed in several counterparts, all of which taken together <br />shall constitute one single agreement between the parties. <br />5.5 THIS ILA SHALL BE GOVERNED BY AND CONSTRUED IN <br />ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Any lawsuit, <br />claim, or action, whether in law or in equity, arising from this ILA will be brought <br />in Hays County, Texas. <br />5.6 Neither party to this ILA may assign its duties, interests, rights, benefits and/or <br />obligations under this ILA, in whole or in part, without the other party's prior <br />written consent thereto. <br />5.7 This ILA (including any and all Exhibits attached hereto) constitutes the entire <br />agreement between the parties hereto with respect to the subject matter hereof. <br />Any amendments to this ILA must be made in writing and signed by the parties to <br />this ILA prior to the performance of any terms or conditions contained in said <br />amendments. <br />D UL Y A UTHORIZED SIGNATURES FOLLOW ON THE NEXT PAGE. <br />LBJ/MLK - ILA/PSA 3
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