Res 2011-078 - Laserfiche WebLink

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allow installation of the requested conduit is subject to project space needs as well as future space needs of the City. Conditions of Right -of -Way Use. The City's permission to locate Texas State's conduit within the public right -of -way is revocable non - exclusive permission to use the space. Therefore, Texas State agrees and understands that it does not accrue any property interest, easement or vested right to use the right -of -way. Texas State's right -of -way use is subject to applicable Federal, State and local law. Texas State agrees to remove any fiber in the City's right -of -way at its own expense and abandon its conduit if the City determines that such removal and abandonment of the conduit is reasonably necessary for the construction, operation, repair, maintenance, or installation of a City facility or to accommodate street construction or widening or other public improvement projects. Texas State agrees to comply with CHAPTER 74, ARTICLE 4 OF THE SAN MARCOS CODE, RIGHT- OF -WAY MANAGEMENT REGULATIONS, as amended from time to time. 3.10 University Drive Parking Garage. Texas State proposes to operate the Parking Garage as a "pay by the hour" garage, 24 hours per day, seven days a week. Texas State welcomes and encourages use of the garage by members of the general public who may be patronizing local businesses in the downtown area or attending events on campus. Texas State's agreement to provide public parking within the facility is revocable permission to use the space. Therefore, the City agrees and understands that it does not accrue any property interest, easement or vested right for the City or public to use any portion of the parking garage. The City agrees and accepts that the commitment of public parking within the parking garage may be amended or terminated if Texas State determines that such amendment or termination is reasonably necessary for the operation, repair, maintenance, or to meet future needs of Texas State. Section 4. Term The term of this Agreement will commence on the date this agreement is fully executed by both parties and will continue until final completion of the CPACI, the Downtown Underground Electrical Project and final payment of all sums due under this Agreement specified in Sections 3.2c and 3.7 herein to the City unless this Agreement is terminated at an earlier time by either party in accordance with Section 5(f). Section 5. Miscellaneous Provisions a) Interlocal Cooperation: The City and Texas State agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purposes of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative.