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<br />2. Pay all costs associated with the eminent domain proceedings filed by the City, including <br />filing fees, all court costs, appraisal, surveying and expert witness fees and the amount of the <br />special commissioners' award. The City will forward invoices or receipts for all such costs <br />to the Developer. The Developer will pay all invoices on or before their due date, and will <br />reimburse the City the amounts of all receipts within 20 days of their delivery to the <br />Developer. lf the Developer requests dismissal of the proceedings at any point, the <br />Developer agrees to pay all costs of the City resulting from the dismissal, including attorney <br />fees of the City and of the Owner. <br />3. Testify in the eminent domain proceedings concerning the nature of the Developer's project <br />and its relationship to the acquisition of the Property, and land values in the area. <br />4. Acquire title to and dedicate the Property to the City if acquisition by the Developer occurs <br />prior to judgment being entered in the eminent domain proceedings. <br />5. Construct and complete the entrance street to Majestic Estates within one year of the <br />approval by the City of the fmal plat of the Subdivision. <br />6. Allow access to the entrance street from the Owner's remaining property. <br /> <br />2. <br /> <br />C. Miscellaneous <br />1. Neither party may assign any of its rights, or delegate any of its duties under this Agreement, <br />in whole or in part, without the prior written consent of the other party. <br />This Agreement, including exhibits and referenced attachments, constitutes the entire <br />agreement between the City and the Developer on this subject and supersedes all other <br />proposals, presentations, representations, and communications, whether oral or written, <br />between the parties. <br />This agreement is governed by the laws of the State of Texas. Exclusive venue for any legal <br />dispute arising under this agreement shall be in Hays County, Texas. <br />All formal communications and notices under this Agreement will be delivered to the parties <br />at the following addresses: <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br /> <br />" <br />-'. <br /> <br />4. <br /> <br />Developer: <br />Mike Moffitt <br />58 Snapdragon Court <br />Lake Jackson, TX 77566 <br /> <br />Executed and effective on <br /> <br />June 3, 1999 <br /> <br />City of San Marcos <br /> <br />Developer <br /> <br />By: ~.~it/I ~~ <br />Larry . Gil , City Man . r <br /> <br />Mike Moffitt <br /> <br />Attest: <br /> <br /> <br />~ ' <br />04JM'2"" .W~~ <br /> <br />Janis W:'. Womack, ity Secretary <br />