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5. Miscellaneous Provisions. <br /> <br /> A. Entire Agreement; Assignment. This Agreement constitutes the entire agreement <br />between the parties hereto and may be amended only by a written document signed by the <br />Parties. This Agreement will be binding upon the successors and permitted assigns of the <br />Parties. The Developer may assign its right to reduced water m~d wastewater impact fees under <br />this agreement to a purchaser of all or part of the ~Property, if the Developer delivers written <br />notice of the assignment to the City. Any other assignment by a Party of rights or obligations <br />under this Agreement will require the written approval of the other Party. <br /> <br /> B. Authority of Signatories. Each of the persons executing this Agreement represents that <br />he or she has full power and authority to execute this Agreement on behalf of the Party that <br />person represents. <br /> <br /> C. Notice. Notices required by this Agreement will be provided by the parties to one <br />another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the <br />following addresses: <br /> <br />To the City: <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br />Fax: 512/396-4656 <br /> <br />To Developer: <br />Randall Morris, President <br />Vision Land Group, Ltd. <br />333 Cheathmx~ Street <br />San Marcos, TX 78666 <br />Fax: 512/353-1773 <br /> <br />If a party changes its address or facsimile number for notice purposes, it will provide written <br />notice of the new address to the other Party within 10 days of the change. <br /> <br /> D. Venue; Governing Law. This Agreement shall be construed and enforced according to <br />the laws of the State of Texas; and exclusive venue for any legal action arising under this <br />Agreement shall lie in Hays County, Texas. The term "will" is mandatory in this agreement. The <br />City's execution of and performance under this agreement will not act as a waiver of any <br />immunity of the City to suit or liability under applicable law. <br /> <br />Executed and effective on ~Iay 2 9, ,2003. <br /> <br />City of San Marcos <br /> <br />Dan O'Leary, City M~er <br /> <br />Visi/omkand~Group, Ltd. <br />a/Texas lim~i}ed partnership <br /> <br />Randall Morris, President <br /> <br />5 <br /> <br /> <br />