Res 2018-126/approving a developer participation agreement with SLF II-McCarty, L.P. for the construction of a 24-inch waterline adjacent to the McCarty Commons Development at McCarty Lane and IH-35 in the estimated amount of $493,800.00

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obligation for the duration of the event but does not excuse it. "Force Majeure Event"means any event or occurrence that is not within the control of such Party and prevents a Party from performing its obligations under this Agreement,including,without limitation,any act of God;act of a public enemy; war; riot; sabotage;blockage;embargo; failure or inability to secure materials, supplies or labor through ordinary sources by reason of shortages or priority; labor strike, lockout or other labor or industrial disturbance(whether or not on the part of agents or employees of either Party); civil disturbance;terrorist act;power outage; fire, flood,windstorm,hurricane,earthquake or other casualty;any law,order,regulation or other action of any governing authority; any action, inaction, order, ruling moratorium, regulation, statute, condition or other decision of any governmental agency having jurisdiction over the Party, over the Project or over a Party's operations. 2.5.5 Subject to Ordinances and Laws. This Agreement and the obligations of the Parties hereunder are subject to all valid and applicable ordinances,fees(including City impact fees and/or pro rata fees), rules,regulations, and laws of all governmental agencies having lawful jurisdiction over them. 2.5.6. Funding by City. The City acknowledges and agrees that the obligations of the City to make the payments required in this Agreement have been properly and fully appropriated and funded by the San Marcos City Council,and such payment obligations are not subject to the annual appropriation by the San Marcos City Council of funds for such obligations as part of the City's ordinary budget and appropriations process. 2.5.7 Applicable Law and Venue. This Agreement shall be governed and construed under and in accordance with the laws of the State of Texas. Jurisdiction and venue for any matter arising out of this Agreement shall be in Hays County, Texas. Jurisdiction and venue in federal court for matters arising out of this Agreement shall be in the United States District Court for the Western District of Texas, Austin Division. 2.5.8 Authority to Execute. The City warrants that this Agreement has been approved by the City Council in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. Owner warrants that the execution of this Agreement is duly authorized in conformity with the articles of incorporation, bylaws, partnership agreement or other applicable organizational documents of Owner and that the individual executing this Agreement on behalf of Owner has been authorized to do so. EXECUTED to be effective as of the Effective Date first written above. [SIGNATURES ON FOLLOWING PAGES]