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City Manager <br />City ofSan Marcos <br />630 E. Hopkins Street <br />San Marcos, Texas 78668 <br />Any notice mailed tmthe County shall be addressed to: <br />Director ofDevelopment Services <br />Heys County <br />2171 Yarrin0tonRoad <br />San Marcos, TX788GG <br />Any notice mailed to LC}R. LCSM Ph. 1-1, LCSyW Ph.1-2, LSCKH Ph. 2, LCSK8 Ph. 3, La Cima <br />Commercial, LCSyNVVVVurLCSK0West shall beaddressed to: <br />c/o Dubois, Bryant & Campbell, LLP <br />Attn: Mr. Bryan W. Lee, Manager <br />3D3Colorado, Suite 2380 <br />Austin, Texas 78701 <br />215 Force Majeure <br />Owner and the City agree that the obligations cfeach party shall be subject bmforce majeunaevents <br />such aanatural calamity, fire orstrike. <br />Z16 Assignment <br />Asofthe Effective Date, Owner owns the Property. Owner may assign its rights and obligations under <br />this Agreement to any third party (ies) only after providing written notice of assignment to the City. <br />The terms of 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 inu|uding, <br />but not limited to, notices required by the Texas Open Meetings Act, and that the individual executing <br />this Agreement on behalf of the City has been authorized to do so. Owner represents and warrants <br />that this Agreement has been approved by appropriate action ofOwner and that the individual <br />executing this Agreement onbehalf ofOwner has been authorized fodoso. <br />2.18 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]i, Local Government Code, this <br />Agreement shall be recorded in the official public records of Hays County, Texas. The terms of this <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 or any portion of the Property. Notwithstanding the foregoing, <br />however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title <br />as to, any end -buyer of a fully developed and improved lot within the Property except for land use <br />and development regulations within this Agreement that apply to specific lots, including architectural, <br />environmental and water quality, landscaping and setback and dimensional standards, and <br />impervious cover limits, together with applicable rights of enforcement in this Agreement as to such <br />land use and development regulations. <br />2.19 Counterpart Originals <br />This Agreement may be executed in counterparts, each of which shall be deemed to be an original. <br />IN <br />3427493.1 <br />