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<br />expense, to bury any above-ground utilities that interfere with development of a roadway on the <br />Roadway Easement. <br /> <br />The City joins in the execution of this Dedication for the purpose of acknowledging its <br />acceptance of the dedication herein made by Tanger, and to evidence the City's agreement that, <br />upon construction of a roadway within the Roadway Easement. the area of the Roadway <br />Easement will be credited by the City towards landscaping area requirements of the City that <br />apply to developments on the Tanger Parcel, so that the area of the Roadway Easement will be <br />construed by the City to be a legal non-confonning use under the City's landscape regulations. <br />Tanger will not be responsible for compliance with any regulatory requirements or standards of <br />the City pertaining to the roadway construction, and Tanger shall have no obligation to contribute <br />to the roadway construction costs. <br /> <br />This Agreement shall be governed by and construed in accordance with the laws of the State <br />of Texas, excluding any conflicts of law rule which refers constructions or interpretations of this <br />document to the laws of another state. <br /> <br />Executed as of the date first above written. <br /> <br />TANGER PROPERTIES LIMITED PARTNERSHIP <br /> <br />By: Tanger GP Trust, General Partner <br /> <br />By: <br />Stanley K. Tanger, Chairman of the Board and <br />Chief Executi ve Officer <br /> <br />City of San Marcos <br /> <br />By: <br /> <br />Larry D. Gilley, City Manager <br /> <br />STATE OF NORTH CAROLINA ~ <br />9 <br />COUNTY OF ~ <br />This instrument was acknowledged before me on the _ day of , 2001, by <br />of , a , General <br />Partner of Tanger Properties Limited Partnership, a North Carolina limited partnership, on behalf <br />of said and limited partnership. <br /> <br />Notary Public, State of North Carolina <br /> <br />STATE OF TEXAS <br /> <br />s <br />~ <br />~ <br />2 <br /> <br />COUNTY OF HAYS <br />