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<br />Page 4 <br /> <br />3. made any representation in this Agreement or in the application to the City for <br />infill development incentives that is false or misleading in any material respect; or <br />4. allows ad valorem taxes on the Property owed to the City to become delinquent <br />and fails to timely and properly protest or contest the taxes. <br /> <br />B. If the City Manager determines that the Developer is in default of this Agreement, the <br />City Manager will notify the Developer in writing, and if the default is not cured within 30 days of <br />the date of the notice (the "Cure Period"), then the City Council may terminate this Agreement. No <br />cure is allowed for defaults involving the failure to pay ad valorem taxes on the Property. <br />5. ASSIGNMENT <br /> <br />A. This Agreement may be assigned by the Developer to a new owner of the Property with <br />the written consent of the City Council. An assignment will not be approved if the Developer or the <br />new owner are indebted to the City for ad valorem taxes or other obligations. <br />B. The new owner will assume all the duties and obligations of the Developer under this <br />Agreement. <br /> <br />6. INDEMNITY <br /> <br />It is understood and agreed between the parties that the City and the Developer are acting <br />independently and not as a partnership or joint venture in executing and performing this Agreement. <br />The City assumes no responsibilities or liabilities in connection with this Agreement to third parties, <br />and the Developer agree to indemnify, defend and hold the City harmless from any such liabilities. <br />7. MISCELLANEOUS <br /> <br />A. All notices called for or required by this Agreement will be delivered to the following by <br />certified mail: <br /> <br />DEVELOPER: <br />Legend Communities, Inc. <br />D/b/a SDC Austin Communities <br />515 Capital of Texas Highway South, Suite 245 <br />Austin, TX 78746 <br /> <br />CITY OF SAN MARCOS <br />City Manager <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />