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<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 execution of this Agreement or after all testing has been adequately completed and the Utilities <br />have been put into service, whichever occurs later. Payment in accordance with this Agreement <br />does not constitute project acceptance by the City. <br /> <br />I <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 as well as the required <br />maintenance bond (100% of the costs of the improvements). <br /> <br />5. 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 />6. 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 of this Agreement by a party is <br />not valid without the written consent of the other party. <br /> <br />I <br /> <br />7. 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 />8. 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 />CENTER POINT DEVELOPMENT, LLC, <br />GENERAL PARTNER <br /> <br />By: <br />Dan O'Leary, . y Manager <br /> <br /> <br />Byrll'q-tt SL-- <br /> <br />3'tvI H. 'S tAr), wes <br /> <br />ALL' ~D ~TEllE~r~ IIV~j /YJ/)NJt~O <br />Printed name, title <br /> <br />---A I IkE 'S l D €. 7'1"7 <br /> <br />I <br />