Res 2025-208 approving a Conceptual Planning Agreement with Upward Communities for redevelopment in downtown San Marcos known as the Hopkins Redevelopment Project, including a new City Hall

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subsequent act, which would have originally constituted a violation, from having the effect of an original violation. (h) Governing Law; Venue. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. The obligations of the Parties are performable in Hays County, Texas, and venue for any dispute arising hereunder will lie exclusively in the state district courts located in Hays County, Texas. (1) Additional Assurances. The provisions of this Agreement shall be self -operative and shall not require further agreement by the Parties except as may be herein specifically provided to the contrary; provided, however, at the request of a Party, the other Party shall execute such reasonable additional instruments and take such reasonable additional actions as the requesting Party may deem necessary to effectuate this Agreement. (j) Successor and Assigns. This Agreement will be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. (k) State Law Matters. In addition to the terms provided herein, the Parties agree to the terms and conditions contained in the State Law Addendum attached hereto as EXHIBIT E. (1) Payment f om Current Revenues. The Developer acknowledges that any commitment of the City for the payment or the performance of any obligation hereunder shall be made from the current revenues available to the City. (m) Counterparts; e-Signatures. This Agreement may be signed in as many counterparts as may be convenient or required. It shall not be necessary that the signature and acknowledgment of, or on behalf of, each party, or that the signature and acknowledgment of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this Agreement to produce or account for more than a single counterpart containing the respective signatures and acknowledgment of, or on behalf of, each of the parties hereto. Any signature and acknowledgment page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures and acknowledgments thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature and acknowledgment pages. The Parties agree that digital or facsimile signatures shall be given the same legal effect as original signatures, and the Parties hereby agree to accept delivery of digital signatures by e-mail in "pdf' form, or via DocuSign, Adobe Sign, or any similar means of digital delivery. (Signature Page Follows) CONCEPTUAL PLANNING AGREEMENT (HOPKINs REDEVELOPMENT PROJECT) PAGE 15