Res 2001-063 - Laserfiche WebLink

Home Browse Search

Material. Such \vritten notice shall be given to Lo\\man by sending the notice by registered or certified U.S. mail, return receipt requested, to Lowman, c/o Albert T. Lo\\man, at the address for Lowman set forth in the first paragraph oftrus Agreement, orto such other address of which Lowman shall previously have given to San Marcos by written notice given by the same means addressed to San Marcos attention of the City ivfanager, at the address for San Marcos set forth in the first paragraph of this Agreement. Lowman shall have 15 days following the date such notice is given in \vruch to notify San Marcos in \vriting that Lo\Vman elects to have the Excavation Material transported, without cost or expense to San Marcos or any Permittee \vhich seeks to remove such Material under a Permit issued by San Marcos, to a location or locations acceptable to Lo\\man and at a time acceptable to San Marcos. In the event Lowman does not timely make such election, San Marcos or any Permittee which seeks to remove such Material under a Permit issued by San Marcos, without cost or expense to Lo\\man, may remove and dispose of the Excavation Material, or cause the removal and disposal of the Excavation Material, in a manner and to a location (other than any of the Lowman Adjoining Land or the Easement Area) selected by San Marcos or the Permittee seeking to remove such Material. Neither San Marcos nor its Permittee shall be obligated to reimburse Lowman for the value of any Excavation Material that is so removed. In the event that the Easement Area shall become owned by more than one person, whether severally or jointly, the obligations of San Marcos or its Permittee under this paragraph shall only require that it give one notice to all owners of the Easement Area c/o the one person which all such o\\ners shall have notified San Marcos theretofore is to be the sole person to receive notices to Lowman under this paragraph. San Marcos and its Permittees may rely, without investigation or review' of title, on any notice delivered to San Marcos purporting to be notification to San Marcos of the owners of the Easement .Area and the designated notice address. ). Subject to the limitations stated in Paragraph 10 below, in the event of a default by Lowman or San Marcos, the non-defaulting party may enforce compliance with the particular matter in respect to which the default \vas made, by injunctive relief or otheT\Vise, or for the collection of any sums, debts, damages, costs or expenses in default or arising from any such default together with interest thereon from the date such sum is incurred or paid at the lesser of (i) the sum of the prime rate of Bank of America, Texas, N.A., or its successor, from time to time in effect, plus 2% per annum, or (ii) the ma,<imum lawful rate of interest that may be charged, taken and received by the non-defaulting part)' under applicable law. The prevailing party in any legal proceeding brought under or in connection with this Agreement shall be additionally entitled to recover court costs and reasonable attorney fees, and all other litigation expenses, including deposition costs, travel and expert witness fees. C:\Cord\WPDOCS\RE.4J.PROP'Lowman Easement -i-I 0-0 1. wpd 5