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O3OE.Hopkins Street <br />San Marcos, Texas 78666 <br />Any notice mailed tothe County shall beaddressed to: <br />Director ofDevelopment Services <br />Heys County <br />2171 ^farringtonRood <br />San Marcos, TX788O6 <br />Any notice mailed to L[)R. LCSyW Ph. 1-1, LCSK8 Ph.1-2, LGCyN Ph. 2, LCSK8 Ph. 3, La Cinna <br />Commercial, LCSyWVyVVo,LCSyWWest shall beaddressed to: <br />c/o Dubois, Bryant @ Campbell, LLP <br />Attn: Mr. Bryan W.Lee, Manager <br />3O3Colorado, Suite 23OO <br />Austin, Texas 78701 <br />215 Force Majeure <br />Owner and the City agree that the obligations of each party shall be subject to force majeure events <br />such as natural calamity, fire or strike. <br />2.16 Assignment <br />As of the Effective Date, Owner owns the Property. C3mmer may assign its rights and obligations <br />under this Agreement to any third pady(ies) only after providing written notice ofassignment hJthe <br />City. The bonnm of this Agreement shall be covenants running with the land and binding on <br />successors and assigns. <br />2.17 Signatures <br />The City represents that this Agreement has been approved and duh/ adopted by the City Council <br />of the City in accordance with all applicable public meeting and public notice requirements <br />inc|uding, but not limited to, notices required by the Texas Open Meetings Act, and that the <br />individual executing this Agreement on behalf ofthe City has been authorized to do so. Owner <br />represents and warrants that this Agreement has been approved by appropriate action of Owner <br />and that the individual executing this Agreement on behalf of Owner has been authorized to do so. <br />218 Successors and Assigns and Recordation <br />The terms of this Agreement shall be covenants running with the land and binding on successors <br />and assigns. Pursuant to the requirements of Section 212.172(0. Local Government Code, this <br />Agreement shall borecorded inthe official public records ofHays County, Texas. The terms ofthis <br />Agreement shall be binding upon: (a)the Parties; (b) the Parties' successors and assigns; (c) the <br />Property; and (d)future owners of all orany portion ofthe Property. Notwithstanding the foregoing, <br />however, this Agreement shall not he binding upon, and shall not constitute any encumbrance to <br />title as to, any end -buyer of fully developed and improved lot within the Property except for land <br />use and development regulations within this Agreement that apply to specific |ohs, including <br />architeotuma|, environmental and water quality, landscaping and ma{bech and dimensional <br />sbandards, and impervious cover |imni1m, together with applicable rights of enforcement in this <br />Agreement oobmsuch land use and development regulations. <br />2j9 Counterpart Originals <br />This Agreement may be executed in counterparts, each of which shall be deemed to be an original. <br />17 <br />3209239.1 <br />