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August 25, 1998 <br /> Page 3 <br /> 3VA1 VER The action or inaction of the City shall apt constitute a waiver or amendment <br /> to the provisions of this Agreement. To be binding, amendmems or waivers shall be in <br /> writing, signed by the parties, and approved by written resolution of the City Council. <br /> The City's failure to promptly take legal action to enforce tt is Agreement shall not be a <br /> waiver cr release. <br /> There is no magic as to where the above paragraphs are inserted into the Development Contract. <br /> I can certainly work with whomever has the current Development Contract on their computer. Ii <br /> would not be efficient to have my secretary retype the entire Development Contract into our <br /> program at this point in time. <br /> Also in yesterday's phone conversation, I indicated that I had not yet reviewed an example of a <br /> Disbursement Agreement as reverenced in the Development Contract for developer's security, <br /> Dttring the dictation of this letter, you faxcd to me a copy of the .Disbursement Agreement for <br /> Eagle Pass. I will have an opportunity to review the same late: this Fflernaon and will provide <br /> my comments at our meeting tomorrow with David Nvberg, <br /> Ag always, if you should have any questions or concerns regarding the above please do not <br /> hesitate in contacting rue. If 1 do not hear from you sooner, I wi )Hook forward to our meeting <br /> tomorrow afternoon. <br /> Sincerely, <br /> BtkMA, GUZY & ST LTD. <br /> r� <br /> .lames D. Floefr <br /> JDl4:set <br /> 305261 <br />