Res 2013-086/Approving an Economic Development Incentive agreement between Austin Street Tavern

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are being made to cure said default and said default cannot reasonably be cured within 30 days. For any default under Sections 4.01 (b), (c) or (e) of this Agreement, the City Manager may terminate the Agreement upon sending written notice of termination to the Owner. Section 4.03. Status of Waiver Upon Termination. Owner agrees that upon termination of this Agreement, the waiver granted under this Agreement shall be deemed revoked and Owner's conditional use permit for on- premises consumption of alcoholic beverages may, at the City's sole discretion, be suspended or revoked without a hearing, and without recourse against the City, its officers, agents, or employees. Section 4.04. Automatic Termination. In addition to automatic termination under paragraph 3.02 (a), this Agreement shall terminate automatically upon the denial of any application, permit or request of the Owner related to the Project and the Owner's exhaustion of remedies related thereto making the Project infeasible under applicable laws, ordinances, rules and regulations. Section 4.05. Remedies not Exclusive. In the event of default, either party may exercise its remedies hereunder together with any other statutory or common law remedies, including applicable penal and civil enforcement provisions of the Land Development Code or successor provisions, or other ordinances. Any failure by one party to enforce this Agreement with respect to one or more defaults by the other party will not waive that party's ability to enforce the Agreement after that time. In the event litigation is commenced under the terms of this Agreement, the prevailing party shall be entitled to recover from the other reasonable attorney fees and costs. PART 5. MISCELLANEOUS Section 5.01. Notices. All notices required by this Agreement will be delivered to the following by certified mail or confirmed facsimile transmission if either party provides to the other a number for facsimile transmission: City City Manager City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Owner Carlos Russo, Managing Member Austin Street Tavern, L.L.C. dba Aquabrew 102 Wonder World Dr., Ste. 304 San Marcos, TX 78666 Each party will notify the other party in writing of any change in information required for notice under this paragraph. Section 5.02. Assignment. The Owner may not assign this Agreement or any of its rights, or delegate or subcontract any of its duties under this Agreement, in whole or in part, without the prior written consent of the City, which shall not be unreasonably withheld. Section 5.03. Applicable Law and Venue. This Agreement will be construed under the