Ord 2004-091 - Laserfiche WebLink

Home Browse Search

I I I 7. The City may give written notice to Genlyte of any noncompliance by Genlyte with any provision of this agreement with respect to the maintenance of the Wastewater Line. Within seven days of receipt of such a notice, Genlyte shall commence work to remedy the noncompliance, and Genlyte shall thereafter diligently and continuously pursue the work to completion. If Genlyte fails to timely commence work to remedy a noncompliance within the seven day period, or fails thereafter to diligently and continuously pursue the work to completion, the City may (but is not required to) itself perform, or cause to be performed, corrective action with respect to the Wastewater Line. The City may bill Genlyte or its successor or assign for the cost of the corrective action, and if the bill in not paid within 30 days, may assess the unpaid amount of the cost as a lien against the land comprising the Genlyte Property. This remedy is not exclusive. 8. This agreement shall be considered a covenant running with the title to the Genlyte Property, and shall be binding on Genlyte's and the City's successors and assigns in title to the Genlyte Property. The obligations of Genlyte under this agreement will be binding on Genlyte only during Genlyte's period of ownership of the Genlyte Property and Genlyte shall have no liability for obligations which accrue subsequent to the date on which Genlyte transfers ownership of the Genlyte Property to another party. The new owner of the Genlyte Property will, however, succeed to and be bound by all obligations of Genlyte under this agreement during the period of its ownership of the Genlyte Property. 9. This agreement may be amended, modified or terminated only through the written consent of the City and Genlyte or their successor(s) or assign(s). 10. The City, in executing and performing this agreement, does not waive any immunity to suit or liability that it has under applicable laws. This agreement is governed by Texas law, and exclusive venue for any legal dispute under this agreement is in the state court in Hays County, Texas having jurisdiction over the dispute. CITY OF SAN MARCOS, TEXAS J,J By: Dan O'Leary, Cit~ anager STATE OF TEXAS COUNTY OF HAYS This instrument was acknowledged before me on "be(\p_m.~r /6 , 2004 by Dan O'Leary, known personally by me to be the City anager of the City of San Marcos, on behalf of the City of San Marcos. Notary seal: ,,",""""," .,,;0Ja' p~" !~o:::~............. \ II: . \ ~ g.: :*~ ": ';. : :: '\ "'. .: f ~'::.~''''~~_. """"~!1'1'~\\\' KAREN SMITH NoIary Public, State 01 Texas My CooImission Expires FEBRUARY 6, 2006 2