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i <br /> k <br /> °a <br /> AGREEMENT FOR THE PROVISION OF SERVICES <br /> (Pursuant to Tex.Local Gov't Code §43.0672) t <br /> r <br /> Date: June 7,2022 <br /> Owner: Alp Yilmaz, San Marcos Hampton LLC&CCM San Marcos,LLC, 7700 <br /> Kempwood Drive,Houston,TX,77055 <br /> City: City of San Marcos,Texas, a home rule municipal corporation, 630,East Hopkins <br /> Street, San Marcos,Texas 78666 <br /> Property:: As described in Exhibit A. <br /> P <br /> 1. The Owner has petitioned the City and the City has elected to annex the Property <br /> into the corporate limits of the City. Pursuant to Tex.Local Gov't Code §43.0672,the Owner and <br /> the City enter this agreement(the"Agreement")for the provision of services to the Property when <br /> annexed. <br /> 2. By this Agreement, the Owner affirms its consent to such annexation of the <br /> Property by the City and that Owner does not wish to enter into and has declined the offer from <br /> the City of a development agreement under Sections 43.016 and 212.172 of the Texas Local <br /> Government Code <br /> 3. In consideration of the mutual benefits to the Owner and the City arising from the <br /> annexation of the Property, and other good and valuable consideration, the receipt of which is <br /> hereby acknowledged, the Owner and the City enter into this Agreement and agree that services <br /> to the Property will be provided as described in Exhibit B. <br /> 4. This Agreement is made,and shall be construed and interpreted under the laws of <br /> the State of Texas. Venue for any legal proceedings shall lie in state courts located in Hays <br /> County,Texas. Venue for any matters in federal court will be in the United States District Court <br /> for the Western District of Texas. <br /> 5. If any word,phrase, clause, sentence, or paragraph of this Agreement is held to be <br /> unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br /> Agreement will continue in force if they can be given effect without the invalid portion. <br /> 6. This Agreement shall be binding upon Owner, and Owner's heirs, successors and <br /> assigns,and all future owners of all or any portion of the Property. <br /> 7. This Agreement will become effective as of the date an ordinance annexing the I£ <br /> Property is finally passed,approved, and adopted by the City's city council(the Effective Date). <br /> �s <br /> [SIGNATURES ON NEXT PAGE] <br /> S <br /> t <br />