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hereunder or under the laws of the State of Texas. The enforcement of any right or remedy <br /> hereunder by the City, either prior to, simultaneously with, or subsequent to any other action <br /> taken hereunder, shall not be deemed an election of remedies. <br /> 5. Modification. This Agreement may not be modified or amended unless such <br /> modification or amendment has been reduced to writing approved by the city council of the City <br /> and signed by all of the then-existing owners of the Property or portions thereof, and by the City, <br /> and has been recorded in the Official Public Records of Hays County, Texas. <br /> 6. Binding Effect. The obligations created hereunder shall create mutual benefits and <br /> servitudes running with the land. This Agreement shall bind and inure to the benefit of the parties <br /> hereto and their respective successors, heirs and assigns. <br /> 7. Partial Invalidity. If any provision of this Agreement shall be or become invalid, <br /> illegal or unenforceable in any respect under any applicable law, the validity, legality and <br /> enforceability of the remaining provisions shall not be affected or impaired thereby. <br /> OWNER: <br /> By: <br /> Name: <br /> Title: <br /> ACKNOWLEDGMENT <br /> STATE OF TEXAS § <br /> COUNTY OF § <br /> THIS INSTRUMENT was acknowledged before me this day of - <br /> , 2023, by of the England <br /> Family Trust (Owner), in such capacity, on behalf of said entity. <br /> Notary Public, State of Texas <br />