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5.3 County, by approving this Agreement, hereby requests and consents to annexation of a tract <br />association with Project #1: Five -Mile Dam Park Improvements, commonly known as the <br />soccer complex and depicted in Exhibit `B ". <br />5.3 County shall complete the design and construction of improvements to Project #1: Five <br />Mile Dam, approved by the City under the terms of the previous Interlocal Agreement <br />between them, executed by the Parties on or about the 14th day of June, 2005. After <br />completion of such improvements by the County and acceptance by the City, the City shall <br />assume responsibility for maintenance of Project #1: Five -Mile Dam Park. The proceeds <br />cited in Exhibit A to be contributed by County for Project 91: Five -Mile Dam Park <br />Improvements shall be held in trust by the County and dedicated solely to expenditures <br />related to Project #l. After the County has expended the Seven. Hundred Thousand Dollars <br />($700,000.00) in Bond Funds reserved for Project #1, it shall diligently forward all <br />remaining invoices for construction of that Project to the City. The City shall diligently <br />approve and, if approved, pay any Project 41 invoices it receives from the County by <br />making payment directly to the Contractor, referencing the Contractor's respective invoice <br />number, and referencing the County's contract with the Contractor. <br />VI. Conditions Precedent. <br />6.1 This Agreement shall become effective and binding on the City and the County upon <br />approval by the Hays County Commissioners Court and the San Marcos City Council. <br />62 Public Dedication of Park Improvements The City hereby presents evidence to the <br />County that a) the Properties associated with all Projects are burdened with a public <br />dedication, or its equivalent, that runs with the land and grants a right of access to the <br />public, with reasonable limitations on the time, place, and manner of the public's use <br />( "Public Dedication "); and b) the Property associated with Project #2, Purgatory Creek <br />Preserve Park Improvements, is a tenement that is servient to a Conservation Easement that <br />