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19-Deliberate and act on a resolution approving the execution of a Reciprocal Easement Agreement between the City of Paris and William De.G. Hayden
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19-Deliberate and act on a resolution approving the execution of a Reciprocal Easement Agreement between the City of Paris and William De.G. Hayden
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8/22/2012 4:19:28 PM
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CITY CLERK
Doc Name
19
Doc Type
Agenda
CITY CLERK - Date
1/25/2010
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contained in this Agreement on behalf of such defaulting Owner. <br />Notwithstanding the foregoing, in the event of (1) an emergency, (ii) blockage or <br />material impairment of the easement rights, and/or (iii) the unauthorized parking <br />of vehicles on Parcel One or Parcel Two, Owner or the Museum may <br />immediately cure the same. <br />12. This easement shall be governed by the laws of the State of Texas. This <br />Agreement shall not be modified except in writing signed by all parties. <br />13. General. Each Parcel shall be used for lawful purposes in conformance with all <br />restrictions imposed by all applicable governmental laws, ordinances, codes, and <br />regulations, and no use or operation shall be made, conducted or permitted on or <br />with respect to all or any portion of a Parcel which is illegaL If any provision <br />contained herein shall be held to be invalid or to be unenforceable or not to run <br />with the land, such holding shall not affect the validity or enforceability of the <br />remainder of this Agreement. <br />14. Insurance. Throughout the term of this Agreement, each Owner shall procure <br />and maintain general and/or comprehensive public liability and property damage <br />insurance against claims for personal injury (including contractual liability <br />arising under the indemnity contained in paragraph 6 above), death, or properly <br />damage occurring upon such Owner's Parcel, with single limit coverage of no <br />less than an aggregate of $ , including umbrella coverage, if <br />any, and naming each other Owner and the Museum during the continuance of <br />the Museum's Lease (provided the Owner obtaining such insurance has been <br />supplied with the name of such other Owner in the event of a change thereof) as <br />additional insureds. The City of Paris and the Museum (whether as tenant under <br />the Lease or in the event Museum becomes an Owner of a Parcel) may elect to <br />self-insure and/or carry insurance required hereunder under master or blanket <br />policies of insurance. <br />15. Taxes and Assessments. Each Owner shall pay (or cause to be paid) all taxes <br />assessments, or assessments, or charges of any type levied or made by any <br />governmental body or agency with respect to its Parcel, if applicable. <br />16. No Rights in Public• No Implied Easements. Nothing contained herein shall be <br />construed as creating any rights in the general public or as dedicating for public <br />use any portion of either of the Parcels. No easements, except those expressly set <br />forth herein, and in that regard, and without limiting the foregoing, no easements <br />far drainage or utilities are granted or implied. It is intended that each of the <br />easements, covenants, conditions, restrictions, rights and obligations set forth <br />herein shall run with the land and create equitable servitudes in favor of the real <br />property benefitted thereby; shall bind every person having any fee, leasehold or <br />other interest therein; and shall inure to the benefit of the respective parties and <br />their successors, assigns, heirs, and personal representatives. <br />LqOG20u <br />
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