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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EXHIBIT D STATE LAW MATTERS (a) State Law Limitations and Prevailing Laws Applicable to the City. The City is a local government corporation organized under the laws of the State of Texas. The Parties expressly agree that following provisions shall control over any conflicting provisions contained in this Agreement. (1) No Liens on Public Property. No provision of the Agreement purporting to grant to the Developer (A) a security interest or lien against the real or personal property of the City; or (B) a contractual right or power of attorney to take control over or otherwise handle or dispose of the property of the City, shall be of force and effect. (ii) Court Costs. No provision of this Agreement requiring the City to pay court costs, costs of suit, or attorney fees incurred by the Developer or any other person in enforcing or interpreting the terms of this Agreement shall be of force and effect, except as otherwise expressly permitted by the laws of the State of Texas. (iii) Open Records. Any obligation of the City under this Agreement to (A) keep the terms and provisions of this Agreement confidential; and/or (B) not disclose the terms of this Agreement, shall be binding on the City only to the extent permitted by law, including without limitation Chapter 552 of the Texas Government Code or any successor law or other similar statutory provisions (the "Texas Public Information Act"). the City agrees that it shall notify the Developer upon receipt of a request for release of this Agreement or any terms hereof to any member of the public pursuant to the Texas Public Information Act, and the City shall give the Developer the opportunity to submit briefings to the Office of the Texas Attorney General in the manner provided by the Texas Public Information Act. (iv) Privileges and Immunities. No provision of this Agreement shall constitute, nor is it intended to constitute, a waiver of any other exemptions, privileges or immunities of the City under the constitution and laws of the State of Texas. (vi) No Violation of Prevailing Law. The City shall not be required to perform any act or refrain from performing any act under this Agreement if that performance or non-performance would constitute a violation of the constitution or laws of the State. (b) Representations and Certifications of the Developer. (1) Interested Parties Disclosure. To the extent that this Agreement is a contract with a value of $100,000 or more, prior to entering into this Agreement, and unless otherwise exempt therefrom, the Developer must file a certificate of Interested Parties Form 1295 (a "1295 Certification") with the Texas Ethics Commission through its electronic portal in accordance with Section 2252.908, Texas Government Code, as amended, and has delivered evidence of filing to the City. The Developer acknowledges that the City has no obligation, and have not undertaken any responsibility, for advising the Developer with respect to the completion of its 1295 Certification, except for the provision of the contract identification numbers and description of services. (ii) Verifications Required for Contracts for Goods or Services. To the extent this Agreement constitutes a contract for goods or services for which a written verification statement is required under Sections 2252.152, 2271.002 and 2274.002, Texas Government Code, as CONCEPTUAL PLANNING AGREEMENT (HOPKINS REDEVELOPMENT PROJECT) ExHmIT D