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Res 2024-140 approving a developer participation agreement with Lennar Homes of Texas Land and Construction, Ltd., providing for the city to participate in the cost of waterline construction along Staples Road
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Res 2024-140 approving a developer participation agreement with Lennar Homes of Texas Land and Construction, Ltd., providing for the city to participate in the cost of waterline construction along Staples Road
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8/22/2024 10:30:51 PM
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8/22/2024 10:30:36 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2024-140
Date
8/5/2024
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2.4.1 Entire Agreement; Amendment; Assignment. This Agreement constitutes <br /> the entire agreement between the parties hereto and may be amended only by a written <br /> document signed by the parties. This Agreement shall be binding upon the successors and <br /> assigns of the parties. The assignment of all or part of this Agreement by a party is not <br /> valid without the written consent of the other party. <br /> 2.4.2 Subject to Ordinances and Laws. This Agreement and the obligations of <br /> the parties hereunder are subject to all valid and applicable ordinances,fees(including City <br /> impact fees and/or pro rata fees),rules,regulations, and laws of all governmental agencies <br /> having lawful jurisdiction over them. <br /> 2.4.3 Applicable Law and Venue. This Agreement shall be governed and <br /> construed under and in accordance with the laws of the State of Texas. Jurisdiction and <br /> venue for any matter arising out of this Agreement shall be in Hays County, Texas. <br /> Jurisdiction and venue in federal court for matters arising out of this Agreement shall be in <br /> the United States District Court for the Western District of Texas,Austin Division. <br /> 2.4.4 Severability. If any the provision of this Agreement is held to be invalid or <br /> unenforceable by a court of proper jurisdiction, the holding will not affect any other <br /> provisions of this Agreement if the Agreement can be given effect without the invalid <br /> provision. The Parties will construe the Agreement as if the invalid or unenforceable <br /> provision had not been contained in this Agreement. <br /> 2.4.S Books and Records. All of the Developer's books and other records related <br /> to the design, bidding and construction of the Improvements shall be available for <br /> inspection by the City. <br /> EXECUTED to be effective as of the Effective Date first written above. <br /> CITY: DEVELOPER: <br /> LENNAR HOMES OF TEXAS LAND AND <br /> CONSTRUCTION, LTD., a Texas limited <br /> partnership <br /> By: U.S. Home, LLC, a Delaware limited <br /> liability company, its general partner <br /> By: By: <br /> Step anie Reyes, City Vager <br /> Name: <br /> Title: <br />
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