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<br />the City's Land Development Code, This payment will be made in a lump sum no later than 30 <br />days after execution of this Agreement and after all testing has been adequately completed and <br />the Utilities have been accepted by the City, whichever occurs later. Payment in accordance with <br />this Agreement does not constitute project acceptance by the City. <br /> <br />B. The City agrees to inspect the construction of the water line improvements as <br />construction progresses, to inspect the water line improvements upon completion of construction, <br />and to accept the water line improvements upon satisfactory completion. The City will issue a <br />certificate of acceptance of the water line improvements to CNC when all required inspections <br />are passed and CNC submits a one-year warranty against defects in materials and workmanship <br />in the water line improvements, executed by CNC or CNC's contractor as well as the required <br />maintenance bond (100% of the costs of the improvements). <br /> <br />C. To the extent that the lighting plan and landscaping plan, respectively attached hereto as <br />Exhibits Band C, diverge from the requirements of the City's Land Development Code (the <br />"LDC") the standards set forth in the LDC are waived. <br /> <br />3. Miscellaneous Provisions. <br /> <br />A. Entire Agreement; Assignment. This Agreement constitutes the entire agreement <br />between the parties hereto and may be amended only by a written document signed by the <br />Parties. This Agreement will be binding upon the successors and assigns of the Parties. <br /> <br />B. Venue; Governing Law. This Agreement shall be construed and enforced according to <br />the laws of the State of Texas; and exclusive venue for any legal action arising under this <br />Agreement shall lie in Hays County, Texas. The term "will" is mandatory in this agreement. The <br />City's execution of and performance under this agreement will not act as a waiver of any <br />immunity of the City to suit or liability under applicable law. <br /> <br />Executed and effective on December 12 <br /> <br />,2007. <br /> <br />City of San Marcos, Texas <br /> <br />By: <br /> <br /> <br />Chuck Nash Chevrolet <br /> <br />By /~ 4U <br /> <br />Chuck Nash, owner <br /> <br />/-2-0 f <br /> <br />Date <br /> <br />2 <br /> <br />I <br /> <br />I <br /> <br />I <br />