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<br />A. SLC agrees to deed to the City, for use as parklandlgreenspace, the property described <br />as Development Reserve B on the attached Exhibit "A". <br /> <br />B. SLC agrees to construct Sadler Drive to it's intersection with Cottonwood Parkway in <br />conjunction with the proposed platting of Lot 2, Block B, Cottonwood Crossing, Phase 2, Section <br />2. <br /> <br />C. SLC also agrees to construct the section of Cottonwood Parkway located between <br />Leah Avenue and Sadler Drive in conjunction with the platting of Lot 2, Block B Cottonwood, <br />Phase 2, Section 2 provided funding is available for the City's portion of design and construction <br />costs. SLC will be responsible only for the cost for this section of roadway as provided in the <br />previously executed funding agreement. <br /> <br />2. Agreements by the City. <br /> <br />A. The City agrees to waive forgi'/c the requirement for the construction_of Cottonwood <br />Parkway associated with the platting of Lot 2, Block B, Cottonwood Crossing, Phase 2, Section <br />2. <br />B. The City agrees to participate, if funding is available, in the design and construction of <br />the segment of Cottonwood Parkway located between Sadler Drive and Leah Avenue. <br /> <br />3. 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 assigns ofthe Parties. <br /> <br />B. 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 (,ity to suit or liability under applicable law. <br /> <br />Executed and effective on <br /> <br />, L' ',' j,-, --.-.J': <br />.... _' l_'........ ~..- <br /> <br />,2007. <br /> <br />City of San Marcos, Texas <br /> <br />By: <br /> <br /> <br /> <br />Manager <br /> <br />~/;:.M&erz.. oF- &~I P,V2.t/ViL. <br />(),.. )e>,A.lT ViyvTl.o't2~ <br /> <br />2 <br /> <br />I <br /> <br />I <br /> <br />I <br />