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Res 1998-072
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Res 1998-072
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Last modified
4/16/2007 1:33:46 PM
Creation date
4/16/2007 11:00:49 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1998-72
Date
4/13/1998
Volume Book
132
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<br /> COUNTY : Hays <br /> HIGHWAY : ill 35 in San Marcos <br /> ARTICLE 1. TIME PERIOD COVERED <br /> This agreement becomes effective when signed by the last party whose signing makes the <br /> agreement fully executed, and the State and the Outside Entity consider it to be in full force and <br /> effect until the Project described herein has been completed and accepted by all parties or unless <br /> terminated as hereinafter provided. <br /> ARTICLE 2. PROJECT FUNDING <br /> If the project is approved, the State will authorize construction of only those Project items of <br /> work which the Outside Entity has requested and has agreed to pay for as described in <br /> Attachment A, Payment Provision and Work Responsibilities, which is attached to and made a <br /> part of this contract. In addition to identifying those items of work paid for by payments to <br /> TxDOT, Attachment A also specifies those Project items of work that are the responsibility of the <br /> Outside Entity and will be carried out and completed by the Outside Entity, at no cost to the <br /> State. <br /> ARTICLE 3. TERMINATION <br /> This agreement may be terminated before the Project is completed by: <br /> . mutual written agreement and consent of both parties <br /> . or, by either party upon the failure of the other party to fulfill the obligations set <br /> forth herein <br /> . or, by the State if it determines that completion of the Project is not in the best interest of <br /> the State <br /> If the contract is terminated in accordance with the above provisions, the Outside Entity will be <br /> responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity <br /> up to the time of terrninationo <br /> ARTICLE 4. RIGHT OF ACCESS <br /> If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit <br /> the State or its authorized representative access to the site to perform any activities required to <br /> execute the work. The Outside Entity will provide for all necessary right-of-way and utility <br /> adjustments needed for performance of the work regardless of ownership. <br /> Page 2 of 9 <br />
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