Res 2012-046 - Laserfiche WebLink

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3.02 Authority This Agreement is entered into, Texas Local Government Code laws of the State of Texas. 3.03 Vesting of Rights 12015202 OPR 4358 456 in part, under the statutory authority of Section 212.172 of the and the applicable provisions of the Texas Constitution and the The City hereby acknowledges that the Development Plan attached hereto as Exhibit "B" constitutes a Plan for Development of the Property in accordance with Chapter 245 of Texas Local Government Code and the City will consider any further applications or approvals necessary for development of the Property based solely on the Governing Regulations and this Agreement. 3.04 Actions Performable The City and the Owner agree that all actions to be performed under this Agreement are performable in Hays County, Texas. 3.05 Governing Law; Venue; Attorney Fees The City and Owner agree that this Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas. Venue for any dispute shall be in Hays County, Texas. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover reasonable attorney's fees from the other Party. The amount of fees recoverable under this paragraph may be set by the court in the trial of the underlying action or may be enforced in a separate action brought for that purpose, and any fees recovered shall be in addition to any other relief that may be awarded 3.06 Severability If any section, subsection, sentence, clause, phrase, paragraph, part or provision of this Agreement be declared by a court of competent jurisdiction to be invalid, illegal, unconstitutional or unenforceable in any respect, such unenforceability, unconstitutionality, illegality or invalidity shall not affect any of the remaining sections, subsections, sentences, clauses, phrases, paragraphs, parts or provisions of this Agreement as a whole, or in any part, since the same would have been enacted by the City Council without the incorporation in this Agreement of any such invalid, illegal, unconstitutional or unenforceable section, subsection, sentence, clause, phrase, paragraph, part or provision. 3.07 Entire Agreement This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous written or oral understandings or representations of the Parties with respect to this Agreement. 3.08 Exhibits All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. A