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<br />4. The City agrees to inspect the construction of the Utility Improvements as construction progresses, <br />to inspect the Utility Improvements upon completion of construction, and to accept the Utility Improvements <br />upon satisfactory completion. The City will issue a certificate of acceptance of the Utility Improvements to the <br />Developer when all required inspections are passed and the Developer submits a one-year warranty against <br />defects in materials and workmanship in the Utility Improvements, executed by the Developer or the <br />DevelopeFs contractor. <br /> <br />5. The Developer agrees to fully complete the Utility Improvements, including punch list items, no <br />later than December 3 1, 2004. <br /> <br />6. This Agreement and the provision of utility services through the Utility Improvements are subjectto <br />all valid and applicable ordinances, rules, regulations, and laws of all governmental agencies having lawful <br />jurisdiction over them. <br /> <br />7. This Agreement constitutes the entire agreement between the parties hereto and may be amended <br />only by a written 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 valid without the <br />written consent of the other party. <br /> <br />8. Each of the persons executing this Agreement represent that he or she has full power and authority <br />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 Texas; and <br />exclusive venue for any legal action arising under this Agreement shall lie in Hays County, Texas. The City's <br />execution of and performance under this agreement will not act as a waiver of any immunity of the City to suit <br />or liability under applicable law. The parties acknowledge that the City, in executing and performing this <br />Agreement, is a governmental entity acting in a governmental capacity. <br /> <br />THE CITY OF SAN MARCOS <br /> <br />By' 1), ~/ <br /> <br />Dan O'Leary, Ity Manager <br /> <br />DEVELOPER: <br />J.M.C. Realty,Inc. <br /> <br />By: <br /> <br />Signature <br /> <br />July 13, 2004 <br />Date <br /> <br />Printed name, title <br />