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<br />Road Improvements upon satisfactory completion. The City will issue a certificate of acceptance of <br />the Road Improvements to the Developer when all required inspections are passed and the Developer <br />submits a one-year warranty against defects in materials and workmanship in the Road <br />Improvements, executed by the Developer or the Developer's contractor. <br /> <br />5. The Developer agrees to complete the Road Improvements no later than December 31, <br /> <br />2005. <br /> <br />6. This Agreement and the construction of the Road Improvements are subject to all valid <br />and applicable ordinances, rules, regulations, and laws of all govertunental agencies having lawful <br />jurisdiction over them. <br /> <br />7. This Agreement constitutes the entire agreement between the parties hereto and may be <br />amended only by a written document signed by the parties. The assignment of all or part of this <br />Agreement by a party is not valid without the written consent of the other party. The City's execution <br />of and performance under this Agreement will not act as a waiver of any immunity ofthe City to suit <br />or liability under applicable law. <br /> <br />8. Each ofthe persons executing this Agreement represent that he or she has full power and <br />authority to execute this Agreement on behalf of the party that person represents. <br /> <br />9. This Agreement shall be construed and enforced according to the laws of the State of <br />Texas; and exclusive venue for any legal action arising under this Agreement shall lie in Hays <br />County, Texas. <br /> <br />The City of San Marcos <br />, C\ <br />By: ·l,!~\j <br />Dan O'Leary, Gty Manager <br /> <br />Developer: <br />Rio Marc Development, Ltd. <br /> <br />By: <br /> <br />Signature <br /> <br />Printed name, title <br /> <br />Date <br /> <br />2 <br />