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Res 2012-066
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Res 2012-066
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Last modified
7/3/2012 11:26:17 AM
Creation date
6/29/2012 4:32:59 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2012-066
Date
6/19/2012
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do so. The surface of the License Area will be restored by Licensor upon completion of the <br />construction or maintenance activities. <br />G. Termination. <br />1. Termination by Licensor. The Licensor may terminate and revoke this <br />agreement if the Licensee violates this agreement and fails to cure the violation within 10 <br />days after the Licensor gives the Licensee written notice of the violation. Alternatively, the <br />Licensor may take action to cure any violation of this agreement by the Licensee, and collect <br />the costs of curing the violation from the Licensee. The Licensor may, otherwise, terminate <br />and revoke this agreement for any other reason by giving Licensee at least 90 days' written <br />notice of termination. <br />2. Termination by Licensee. Licensee may terminate this agreement at any <br />time and for any reason by providing at least 30 days' written notice of termination to <br />Licensor. <br />H. Prior Parking Agreement Terminated. The parking agreement between St. Mark's <br />Episcopal Church, as predecessor in interest to Licensee, and the City of San Marcos dated April 12, <br />1999 is hereby terminated and superseded by this agreement. <br />I. Miscellaneous. <br />1. Notices. Any notice required or permitted under this agreement must be in <br />writing and will be deemed to be delivered after being deposited with the United States <br />Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the <br />intended recipient at the address shown above in this agreement. Notice may also be given by <br />regular mail, personal delivery, courier delivery, facsimile transmission, or other <br />commercially reasonable means and will be effective when actually received. Any address <br />for notice may be changed by written notice delivered as provided herein. <br />2. Integration; Amendments. This agreement constitutes the entire agreement <br />between Licensor and Licensee on this subject, and it may be amended only by written <br />instrument executed by both parties. <br />3. No Warranty of Title. THE LICENSOR MAKES NO WARRANTY OF <br />TITLE IN CONNECTION WITH THIS AGREEMENT. THE LICENSEE <br />ACKNOWLEDGES AND UNDERSTANDS THAT THIS LICENSE DOES NOT <br />CONSTITUTE AN INTEREST IN REAL PROPERTY, AND THE LICENSEE FULLY <br />ACCEPTS THE RISKS ASSOCIATED WITH MAKING ANY IMPROVEMENTS TO <br />THE PROPERTY WHILE HAVING ONLY A REVOCABLE RIGHT TO USE THE <br />PROPERTY. <br />4. Venue. Exclusive venue for any legal dispute under this agreement is in the <br />state court in Hays County, Texas having jurisdiction over the dispute. <br />3 <br />
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