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Res 2007-059
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Res 2007-059
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Last modified
8/23/2007 2:59:13 PM
Creation date
4/5/2007 8:41:16 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2007-59
Date
4/3/2007
Volume Book
171
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<br />I <br /> <br />b. Termination by CITY. This Agreement may be revoked at any time by <br />the CITY, if such revocation is reasonably required by the public interest, after <br />providing at least thirty (30) days prior written notice to the PROPERTY <br />OWNER. Subject to prior written notification to the PROPERTY OWNER or its <br />successors in interest, this Agreement is revocable by the CITY if: <br /> <br />l. The Improvements or a portion of them interfere with the CITY'S use of <br />the Licensed Property; <br /> <br />ll. Use of the Licensed Property becomes necessary for a public purpose; <br /> <br />Ill. The Improvements or a portion of them constitute a danger to the public <br />which the CITY deems not to be remediable by alteration or maintenance <br />of such Improvements; <br /> <br />IV. Despite thirty (30) days written notice to the PROPERTY OWNER, <br />maintenance or alteration necessary to alleviate a danger to the public has <br />not been made; or <br /> <br />I <br /> <br />v. The PROPERTY OWNER fails to comply with the terms and conditions <br />of this Agreement including, but not limited to, the insurance requirements <br />specified herein. <br /> <br />9. <br /> <br />Eminent Domain <br /> <br />If eminent domain is exerted on the Licensed Property by paramount authority, <br />then the CITY will, to the extent permitted by law, cooperate with the <br />PROPERTY OWNER to effect the relocation of the PROPERTY OWNER'S <br />affected installations at the PROPERTY OWNER'S sole expense. The <br />PROPERTY OWNER shall be entitled to retain all monies paid by the <br />condemning authority for its installations taken, if any. <br /> <br />10. Interpretation <br /> <br />In the event of any dispute over its meaning or application, this Agreement shall <br />be interpreted fairly and reasonably and neither more strongly for or against either <br />party, <br /> <br />11. <br /> <br />Application of Law <br /> <br />I <br /> <br />This Agreement shall be governed by the laws of the State of Texas. If the final <br />judgment of a court of competent jurisdiction invalidates any part of this <br />Agreement, then the remaining parts shall be enforced, to the extent possible, <br />consistent with the intent of the Parties as evidenced by this Agreement. <br /> <br />License Agt Carma BV Sail Marcos 20070126 <br /> <br />5 <br />
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