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San Marcos, TX 78666 <br />Any notice mailed tuLOR'LCSMPh. 1-1.LC5Mph.1-3.UaCima Commercial nrLC8M West <br />shall be addressed to: <br />c/o Dubois. Bryant &Campbell, LLP <br />Attn: Mr. Bryan W,Lee, Manager <br />3O3Colorado, Suite 22OD <br />Austin, Texas 78701 <br />2.15 Force Majeure <br />Owner and the City agree that the obligations of each party shall be subject to force majeure events <br />such eonatural calamity, fire orstrike. <br />2]6 Assignment <br />Asofthe Effective Date, Owner owns the Property. Owner may assign its rights and obligations under <br />this Agreement to any third party Ues\ only after providing written notice nfassignment tm the City. <br />The termsof this Agreement shall be covenants running with the land and binding on successors and <br />assigns. <br />2.17 Signatures <br />The City represents that this Agreement has been approved and duly adopted by the City Council of <br />the City in accordance with all applicable public meeting and public notice requirements including, <br />but riot limited to, notices required bythe Texas Open Meetings Act, and that the individual executing <br />this Agreement on behalf Vfthe City has been authorized to do mo. Owner represents end warrants <br />that this Agreement has been approved by appropriate action of Owner and that the individual <br />executing this Agreement onbehalf ofOwner has been authorized todmso. <br />218 Successors and Assigns and Recordation <br />The terms of this Agreement shall be covenants running with the land and binding on successors and <br />assigns. Pursuant to the requirements of Section 212.172(f), Local Government Code, this <br />Agreement shall be recorded in the official public records of Hays County. Texas. The terms of this <br />Agreernenteha|[ be binding upon: (o) the Parties; (b) the Parties' successors and assigns; /c> the <br />Property; and (d) future owners of all or any portion of the Property. Notwithstanding the fore0oimg, <br />however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title <br />as to, any emd-buyer of fully developed and improved lot within the Property except for land use <br />and development regu�ations within this Agreement that apply to specific lots, including architectural, <br />environmental and water quality, landscaping and setback and dimensional standardm, and <br />impervious cover limits, together with applicable rights of enforcement in this Agreement as to such <br />land use and development regulations. <br />2.18 Counterpart Originals <br />This Agreement may be executed in counterparts, each of which shall be deemed to be an original. <br />[Signature Page Follows] <br />16 <br />2696361�1 <br />