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Res 2001-149
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Res 2001-149
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7/10/2006 2:08:42 PM
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7/10/2006 2:08:31 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-149
Date
8/27/2001
Volume Book
144
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<br />A. Parking of any commercial vehicle, except for those making deliveries to the Licensee's property. <br /> <br />B. The storage of vehicles. Any vehicle left on the Property more than 48 hours that is not operable <br />will be presumed to be stored on the Property in violation of this provision. <br /> <br />C. The erection or maintenance of any type of garage, car cover or other structure. <br /> <br />6. The Licensor reserves the right at all times, for itself and all public utilities authorized to use the <br />public rights-of-way, to use the Property for right-of-way and public utility purposes, including those that <br />involve excavation, trenching, pole and wire placement, or other activities that affect the Licensee's driveway <br />and parking area. The Licensor and the authorized utilities will endeavor to notify the Licensee in advance <br />of any construction or maintenance activities, but they make no commitment to do so. The surface of the <br />Property will be restored to a level condition upon completion ofthe construction or maintenance activities, <br />but the Licensee will be responsible for replacing any crushed granite surface or other improvements <br />comprising the driveway and parking area. The Licensee may terminate this agreement on the basis of any <br />such construction activities. <br /> <br />7. A. The Licensor may terminate and revoke this License Agreement if the Licensee violates this <br />agreement and fails to cure the violation within 10 days after the Licensor gives the Licensee written <br />notice of the violation. Alternatively, the Licensor may take action to cure any violation of this <br />agreement by the Licensee, and collect the costs of curing the violation from the Licensee. If any <br />invoice for such costs is not fully paid within thirty days of its issuance by the Licensor, the Licensee <br />expressly grants the Licensor the right to record a lien against the Adjoining Property for the unpaid <br />amount of the invoice. <br /> <br />B. The Licensor may terminate this agreement for any other reason by giving Licensee six months' <br />written notice of termination. The construction of a roadway on any portion of the Property will <br />operate as an automatic termination of this agreement, effective upon the date of the Licensor's <br />completion and acceptance of the roadway; in the event of such a tennination, however, the Licensee <br />will have the same right of access across the street as the public. <br /> <br />8. This license constitutes the entire agreement between Licensor and Licensee on this subject, and <br />it may be amended only by written instrument executed by both parties. This license is binding on the parties <br />and their successors and assigns, and it shall run with the title to the Adjoining Property. <br /> <br />9. Exclusive venue for any legal dispute under this agreement is in the state court in Hays County, <br />Texas having jurisdiction over the dispute. <br /> <br />Licensor: City of San Marcos <br /> <br /> <br />By: <br /> <br />anager <br /> <br />C :\TEMP\drivewaylicense.doc <br /> <br />2 <br />
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