Res 2010-157 - Laserfiche WebLink

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2.3. Public Use. The Parties agree that public access will be permitted in the Access Area and public use of the Access Area Improvements will be on the same terms and under the same rules and ordinances applicable to other City public parks and park facilities. 2.4. Jurisdiction. The Parties agree that Texas State and City shall have concurrent law enforcement jurisdiction over the Access Area, subject to any restrictions under applicable laws of the state of Texas. 2.5. Ingress and Egress. The Parties agree that the City and Hays County shall have the additional right of access over, across and along Texas State existing private roadways connecting the Access Area to public roadways. It is understood that Texas State may close the roadways during flood events and other circumstances to protect the travelling public. 2.6 Condition of Land. City and Hays County accept the Access Area for the uses related to the Project in its present condition. City and Hays County acknowledge that Texas State makes no representations or warranties regarding its title to the Access Area, the condition of the Access Area, and the presence or absence of hazardous materials or other contaminants on or in the Access Area. 2.7 Pavment for Improvements. Texas State agrees to reimburse Hays County in an amount not to exceed $36,750.00 toward the cost of the Access Area Improvements upon their completion and acceptance by Hays County. Reimbursement to Hays County under this paragraph shall be due and payable within 30 days of the receipt of an invoice from Hays County therefor. ARTICLE III: Term and Termination. 3.1 Term This Agreement shall be for a term of not less than 20 years from the Effective Date. Unless either party provides notice of termination at least 180 days before the end of the term, the Agreement shall renew automatically for consecutive one year periods. 3.2 Disposition of Improvements. Upon termination of this Agreement, all Access Area Improvements, except for removable fixtures and personal property shall remain and become the property of Texas State and City and Hays County shall have no obligation to remove such improvements or to restore the Access Area to its condition existing before the installation of such improvements. ARTICLE IV: Interlocal Agreement. 4.1. This Agreement complies with Chapter 791 of the Texas Government Code, known as the Interlocal Cooperation Act. 4.2. The Parties recognize that, by executing this Agreement, they are each fulfilling functions that they are authorized to perform individually. 4.3. Each individual signing, below, has been duly authorized by the governing body of the Party for which he /she is signing. 4.3. Any payment made by a Party to this Agreement must be made in current funds that are available to the paying Party at the time this Agreement is executed.