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<br />3. The City agrees to pay to the Developer a price not to exceed $25,900.00, being the cost for the <br />Utility Improvements being requested by the City that are over and above those required by the <br />City's Land Development Code. This payment will be made in a lump sum no later than 30 days <br />after the completion of the project and acceptance by the City. <br /> <br />4. The City agrees to inspect the construction of the Utility Improvements as construction <br />progresses, to inspect the Utility Improvements upon completion of construction, and to accept the <br />Utility Improvements upon satisfactory completion. The City will issue a certificate of acceptance <br />of the Utility Improvements to the Developer when all required inspections are passed and the <br />Developer submits a one-year warranty against defects in materials and workmanship in the Utility <br />Improvements, executed by the Developer or the Developer's contractor. <br /> <br />5. The Developer agrees to complete the Utility Improvements no later than December 31; 2006. <br /> <br />6. This Agreement and the provision of utility services through the Utility Improvements are <br />subject to all valid and applicable ordinances, rules, regulations, and laws of all governmental <br />agencies having lawful jurisdiction over them. <br /> <br />7. This Agreement constitutes the entire agreement between the parties hereto and may be amended <br />only by a written document signed by the parties. This Agreement shall be binding upon the <br />successors and assigns of the parties. The assignment of all or part ofthis Agreement by a party is <br />not valid without the written consent of the other party. <br /> <br />8. Each of the persons executing this Agreement represent that he or she has full power and <br />authority to execute this Agreement on behalf of the party that person represents. <br /> <br />9. This Agreement shall be construed and enforced according to the laws of the State of Texas; and <br />exclusive venue for any legal action arising under this Agreement shall lie in Hays County, Texas. <br /> <br />THE CITY OF SAN MARCOS <br /> <br />j,~1 <br /> <br />By: <br />Dan O'Leary, City Manager <br /> <br />DEVELOPER: <br />12 3 !':Q{JP fl2...-Tl j;. ~ <7 /J1.t ''fO!:UV'' C fA M~ '1 6 if t Lf)/YL S <br /> <br />~~ <br />na e <br />~~'L--.:J- f'1-"?1"vP-"L- <br />Printed name, title <br />