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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 />12. <br /> <br />Venue <br /> <br />I <br /> <br />TO THE EXTENT ALLOWED BY TEXAS LAW, IT IS AGREED THAT <br />VENUE FOR ALL LAWSUITS CONCERNING THIS AGREEMENT WILL <br />BE IN HAYS COUNTY, TEXAS. THIS AGREEMENT CONCERNS REAL <br />PROPERTY LOCATED IN HAYS COUNTY, TEXAS, AND IS WHOLLY <br />PERFORMABLE IN HAYS COUNTY. <br /> <br />13. Covenant Running with Land <br /> <br />This License Agreement and all of the covenants herein shall run with the land; <br />therefore, the conditions set forth herein shall inure to and bind each party's <br />successors and assigns. <br /> <br />14. Assignment <br /> <br />The PROPERTY OWNER shall not assign, sublet or transfer its interest in this <br />Agreement without the written consent of the CITY; provided, however, <br />notwithstanding the foregoing, PROPERTY OWNER may assign this Agreement <br />to the Homeowner's Association for the Subdivision (the "HOA") with the prior <br />written consent of the CITY; and, provided, further, that this Agreement shall be <br />deemed to be automatically assigned by the PROPERTY OWNER to the HOA at <br />such time as the PROPERTY OWNER transfers to the HOA title to all or <br />substantially all of the common areas contained within the Subdivision. Upon <br />any such assignment or transfer, it shall then be the duty of the PROPERTY <br />OWNER, its successors and assigns, to give prompt written notice to the CITY of <br />any assignment or transfer of any of the PROPERTY OWNER's rights in this <br />Agreement giving name, date, address and contact person. PROPERTY OWNER <br />hereby agrees to execute any documents reasonably requested by the CITY to <br />further evidence the assignment of this Agreement to the HOA in accordance the <br />provisions of this Section 14, <br /> <br />I <br /> <br />15. Recitals <br /> <br />The Recitals at the beginning of this Agreement are incorporated into the body of <br />this Agreement. <br /> <br />16. Notice <br /> <br />Any notice and/or statement required or permitted hereunder, shall be deemed to <br />be given and delivered by depositing same in the United States mail, certified <br />with return receipt requested, postage prepaid, addressed to the appropriate party <br />at the following addresses or at such other addresses specified by written notice <br />delivered in accordance herewith: <br /> <br />I <br /> <br />License Agt Carma BV San Marcos 20070126 <br /> <br />6 <br />
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