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Res 2023-010/Approving agreement for the provision of services in connection with proposed owner req approx 31.79 acres case AN 23-02 William Ward Survey
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Res 2023-010/Approving agreement for the provision of services in connection with proposed owner req approx 31.79 acres case AN 23-02 William Ward Survey
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7/3/2023 2:23:24 PM
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2/9/2023 3:28:01 PM
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AGREEMENT FOR THE PROVISION OF SERVICES <br />(Pursuant to Tex. Local Gov't Code §43.0672) <br />Date: January 3, 2023 <br />Owner: Casata San Marcos, LLC, PO Box 90638, Austin, TX 78709 <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 />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. <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 <br />Property is finally passed, approved, and adopted by the City's city council (the Effective Date). <br />[SIGNATURES ON NEXT PAGE] <br />
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