Res 2010-148 - Laserfiche WebLink

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unenforceable in any respect the same shall not affect any other provisions of this Agreement as a whole, or any part thereof, other than the part declared to be invalid, illegal or unenforceable. 6.08 Interpretation. This Agreement shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity hereof. Wherever required by the context, the singular shall include the plural, and the plural shall include the singular. Each defined term herein may be used in its singular or plural form whether or not so defined. 6.09 Authority. The City represents and warrants that this Agreement has been approved and duly adopted by the City Council of the City in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. Carma represents and warrants that this Agreement has been approved by appropriate action of Carma and that the individual executing this Agreement on behalf of Carma has been authorized to do so. Carma further represents and warrants that the lien holder of record, if any, has consented to terms of the agreement. 6.10 Recordation. Pursuant to the requirements of Section 212.172(f), Local Government Code, this Agreement shall be recorded in the deed records of Hays County, Texas. This Agreement shall be binding upon: (a) the Parties; (b) the Parties' assignees; (c) the Property; and (d) future owners of all or any portion of the Property. Notwithstanding the foregoing, however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title as to, any end -buyer of a fully developed and improved lot within the Property except for land use and development regulations that apply to specific lots. 6.11 List of Exhibits. Exhibit "A" - Metes and bounds description of ETJ Parcel Exhibit `B" — Metes and bounds description of City Parcel Exhibit "C" — Concept Plan Exhibit "D" — Development Standards Exhibit "F" List of Public Infrastructure and Improvements; Exhibit "G" - Reclaimed Water Line Route and Point of Delivery Exhibit "H" Metes and Bounds Description of TIRZ Boundaries Exhibit "I" Western Arterial 6.12 Counterpart Originals. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.