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<br />MIlT DmI1.21ol111 <br /> <br />2. Pay all costs associated with tbe eminent domain proceedings filed by the City, including <br />filing fees, all court costs, appraisal, surveying and expen witness fees and the 8nl0unt of the <br />special commissioners' award. The City will forward invoices or receipts for all such costs <br />to tbe 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 delivezy to the <br />Developer. If the Developer requests dismissal of tbe proceedings at any point, the <br />Developer agree~ to psy an co~ts of the Ci1)1 resulting from the dismissal, inoluding; 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 Propeny t and land values in the area. <br />4. Acquire title to and dedicate dle Property to the City if acquisition by the Developer oceurs <br />prior to judsment beini 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 final plat of the Subdivision. <br />6, Allow access to the entrance street from the O\\ner's remaining property. <br /> <br />C, Mts~enaneous <br />1. Neither party may assign any of its rights, or delegate 8J.'y of its duties Wlder this Agreement, <br />in whole or in part, without the prior wriuen consent of the othor party. <br />This Agreement, including exhibits and referenced attachments, constitutes the entire <br />agreen'lcnt between the City and the Developer on this subject and supersedes all other <br />f)ropos~l~. rre.l;lp.nt~tinnl;l. Tepre~entation~. And a01'Dn'\Uuiolltion3, whbth~r 01"<<&1 or w4itlC;u, <br />be:\.w~~.n tbe: parties. <br />This agreement is governed by the laws ofthe State of Texas. Exclusive venu.e for any legal <br />dispute arising under this agreement shall be in Hays CouDty, Texas. <br />All formal commWlications 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 />2. <br /> <br />3. <br /> <br />4. <br /> <br />Developer: <br />Mike Moffitt <br />58 Snapdragon Court <br />Lake Jaokson, TX 17566 <br /> <br />Executed and effective on <br /> <br />City of San Mareos <br /> <br />By: ,__ <br />Larry D, GiUey~ City Manager <br /> <br /> <br />Deve.!oper <br /> <br />/ <br /> <br />(. <br /> <br />Attest: <br /> <br />- --..-..- <br />Janis K. Womack, City Secretary <br />