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<br />an entity that contemplates the same improvements to the Property, except to the extent Phase One <br />and Phase Two of the Facility have been completed. No assignment will be approved if the assignor <br />or the assignee is indebted to the City for ad valorem taxes or other obligations <br /> <br />PART 8. PROPERTY TAX APPRAISED VALUE <br /> <br />Section 8.01. It is understood and agreed between the parties that the Property and the <br />improvements upon the Property will be appraised at market value for the purposes of property tax <br />assessment throughout the term of this Agreement, and that this value may change during the term of <br />this Agreement. The calculation of abated taxes will make use of this appraised value as it is <br />determined for each year of the Abatement Period. <br /> <br />PART 9. INDEPENDENT CONTRACTOR/INDEMNITY <br /> <br />Section 9.01. It is understood and agreed between the parties that the City and SMVP, in <br />executing this Agreement, and in performing their respective obligations, are acting independently, <br />and not in any form of partnership or joint venture, The City assumes no responsibilities or liabilities <br />to any third parties in connection with this Agreement, and SMVP agrees to indemnify, defend and <br />hold the City harmless from any such liabilities <br />PART 10. NOTICE <br /> <br />Section 10.01. All notices called for or required by this Agreement will be delivered to the <br />following by certified mail, postage pre-paid, effective five days after mailing, or by hand delivery or <br />overnight delivery, effective upon delivery: <br /> <br />Robert McDonald <br />San Marcos Vista Partners, Limited <br />2110 A Boca Raton Drive, Suite 206 <br />Austin, TX 78747 <br /> <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br /> <br />Each party will notify the other party in writing of any change in its address. <br />PART 11. MISCELLANEOUS <br /> <br />Section 11.01. This Agreement was approved by the City Council at its meeting on February <br />15, 2005. <br /> <br />5 <br />