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Res 2005-013
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Res 2005-013
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Last modified
3/2/2009 8:14:56 AM
Creation date
12/1/2005 3:07:31 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-13
Date
1/18/2005
Volume Book
160
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<br />construction, and to accept the Improvements upon satisfactory completion, in accordance with the <br />City's inspection and acceptance policies and procedures. The City will issue a certificate of <br />acceptance of the Improvements to the Developer when all required inspections are passed and the <br />Developer submits a one-year warranty against defects in materials and workmanship in the <br />Improvements, executed by the Developer or the Developer's contractor. <br /> <br />5. Completion Deadline. The Develop~r ~rees to complete the Improvements no later than <br />Jlrll~~ 11, 2Qtt5. "1>~ ?-'5 \ -;.L~ 6<;' ~tJ v <br />.,..,'.f!.." <br /> <br />6. Applicable Laws. This Agreernentand the provision of utilitY services through the <br />Improvements are subject to all valid and applicable ordinances, rules, regulations, and laws of all <br />governmental agencies having lawful jurisdiction over them. <br /> <br />7. Entire Agreement; Amendment; Assignment. This Agreement constitutes the entire <br />agreement between the parties hereto and may be amended only by a written document signed by the <br />parties. TIlis Agreement shall be binding upon the successors and assigns of the parties. The <br />assignment of all or part ofthis Agreement by a party is not valid without the written consent ofthe <br />other party. <br /> <br />8. Signatory Authority. Each of the persons exccuting t1:is Agreement represent that he or <br />she has full power and authority to execute this Agreement OIl behalf of the party that person <br />represents. <br /> <br />9. Construction; Venue; Immunity. This Agreement shall be construed and enforced <br />according to the laws of the State of Texas; and exclusive venue for any legal action arising under <br />this Agreement shall lie in Hays County, Texas. The City's execution of and perfoffilance under this <br />agreement will not act as a waiver of any immunity of the City to suit or liability under applicable <br />law. The parties acknowledge that the City, in executing and performing this Agreement, is a <br />governmental entity acting in a governmental capacity. <br /> <br />THE CITY OF SAN MilliCOS <br /> <br />By:~9, J~ <br /> <br />Dan O'Leary, City Manager <br /> <br />B <br />L1 / Signature <br />CO{)dt,rY~/ <br />Printed name, title <br /> <br /> <br />I/_e ;)... - OS <br /> <br />Date <br />
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