Res 2014-120/Expressing the City Council’s support for the proposed La Cima Development Project

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To City: City of San Marcos Attn: City Manager 630 East Hopkins San Marcos, Texas 78666 To Owner: Lazy Oaks Ranch, L.P. c/o Manager of Lazy Oaks GP, L.L.C. 700 Lavaca Street, Suite 1300 Austin, Texas 78701 3.7. Assignment. The Owner shall provide at least 30 days' written notice to the City of the proposed sale of all or any portion of the Property and any proposed assignment of this Agreement. 3.8. Legal Authority. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and Owner, respectively. The Owner agrees to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. 3.9. Enforcement; No Waiver. This Agreement may be enforced by the Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. The City, in entering into this Agreement, has not waived any lawful authority it may have concerning the Property except as expressly provided in this Agreement. 3.10. Change in Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. 3.11. Recording and Binding Effect. This Agreement shall be recorded in the Official Public Records of Hays County, Texas and the restrictions herein shall be deemed covenants, 5.