Res 2015-064/Economic Development Incentive Agreement with San Marcos 123 and 35 Partners Two, L.L.C., that waives certain sign standards under the City’s Land Development Code in order to allow a freestanding pole sign within the San Marcos River corrid

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Agreement under Section 4.03, the Owner agrees that the waiver granted by the City under Section 3.01 shall automatically expire and no signs may be installed after the effective date of termination except as normally allowed under the provisions of the LDC or successor ordinances and regulations then in effect. If the effective date of termination occurs after the Owner has fully or partially installed the Pole Sign, the fully or partially installed Pole Sign shall be completely removed or modified by the Owner within 90 days after such date, as necessary to meet the City's then applicable ordinances governing signs. Section 4.05. Remedies not Exclusive. In the event of default by the Owner, the City 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 ordinances or regulations. Any failure by the City to enforce this Agreement with respect to one or more defaults by the Owner will not waive City'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 electronic mail transmission: R.W. McDonald, IV City Manager CGM Interests City of San Marcos 750 E. Mulberry Ave., No. 305 630 East Hopkins San Antonio, TX 78212 San Marcos, Texas 78666 E -mail: rwmcdona @yahoo.com E -mail: citymanagerinfo @sanmarcostx.gov 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, except as part of a sale of the Site to a third party. Such assignment, however, shall not be effective until at least 30 days' advance written notice thereof is provided to the City. Section 5.03. Applicable Law and Venue. This Agreement will be construed under the laws of the State of Texas. This Agreement is performable in Hays County, Texas. Mandatory venue for any action under this Agreement will be in the state court of appropriate jurisdiction for the action in Hays County, Texas. Mandatory venue for any matters in federal court will be in the United States District Court for the Western District of Texas. Section 5.04. No Liability. The Owner agrees that City assumes no liability or responsibility by approving plans, issuing permits or approvals or making inspections related to any matter arising under this Agreement. 4