04-28-2025 Agenda Packet - Laserfiche WebLink

Home Browse Search

however, that no Default by the City shall entitle the Developer to (i) terminate this Agreement or (ii) recover consequential or exemplary damages. Any financial obligation of the City will only be payable from Assessments Revenues collected for the payment of Annual Collection Costs and Delinquent Collection Costs. Any amounts or remedies due pursuant to this Agreement are not subject to acceleration. 4.7 Remedies Outside the Agreement. Nothing in this Agreement constitutes a waiver by the City of any remedy the City may have outside this Agreement against the Developer or any other person or entity involved in the design, construction, or installation of the PID Projects. The obligations of the Developer hereunder shall be those of a Party hereto and not as an owner of property in the PID. Nothing herein shall be construed as affecting the City's or the Developer's rights or duties to perform their respective obligations under other agreements, use regulations, or subdivision requirements relating to the development property in the PID. 4.8 Applicable Law; mmVenue. This Agreement is being executed and delivered and is intended to be performed in the State of Texas. Except to the extent that the laws of the United States may apply, the substantive laws of the State of Texas shall govern the interpretation and enforcement of this Agreement. In the event of a dispute involving this Agreement, venue shall lie in any court of competent jurisdiction in Lamar County, Texas. 4.9 Governmental Powers; Waivers p f p1p unit . By its execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities, or rights except as follows: 4.9.1. The City waives its governmental immunity from suit and immunity from liability as to any action brought by the Developer to pursue the remedies available under this Agreement, but only to the extent necessary to pursue such remedies. Nothing in this section shall waive any claims, defenses or immunities that the City has with respect to suits against the City by persons or entities other than the Developer. 4.9.2 Nothing in this Agreement is intended to delegate or impair the performance by the City of its governmental functions, and the City waives any claim or defense that any provision of this Agreement is unenforceable on the grounds that it constitutes an impermissible delegation or impairment of the City's performance of its governmental functions. 4.9.3 The City acknowledges this Agreement is a contract subject to Texas Local Government Code Chapter 271, Subchapter I. 4.10 Notice. Any notice referenced in this Agreement must be in writing and shall be deemed given at the addresses shown below: (a) when delivered by a nationally recognized delivery service such as FedEx or UPS with evidence of delivery signed by any person at the delivery address regardless of whether such person is the named addressee; or (b) 72 hours after deposited with the United States Postal Service, Certified Mail, Return Receipt Requested. To the City: Reimbursement Agreement Forestbrook Public Improvement District No. 1 Page 14 018581.000001\4908-9229-3155.v5