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above. <br />3.3 The County will coordinate with the City to identify an approximately 33.33 acre <br />mutually agreed portion out of the western section of the Property to be conveyed to the City. <br />Such total acreage for conveyance to the City may be adjusted based upon physical constraints <br />requiring adjustments in the boundary and a survey of the agreed upon portion to be conveyed to <br />the City, in which event the payment from the City under Section 2.1 will be adjusted <br />accordingly. Subject to the Parties' having reached mutual agreement regarding the boundaries <br />of the portion of the Property to be conveyed to the City, and payment from the City under <br />section 2. 1, the County shall convey such agreed upon portion of the Property, in fee simple, to <br />the City. The deed to the City shall be of the same type by which TPL has conveyed to the <br />County, e.g., special warranty deed or general warranty deed, as applicable, and subject to the <br />city's acceptance of any reservations from and exceptions to conveyance and warranty. The <br />Parties agree that, after the County conveys the approximately 33.33 acre tract to the City, each <br />of the Parties shall be fully responsible for managing its own property, unless the Parties <br />otherwise agree in writing. <br />3.4 The County hereby consents to voluntary annexation of the Property by the City after <br />closing under the Purchase Agreement and conveyance of a portion of the Property to the City <br />under Section 3.3. <br />ARTICLE 4 <br />TERM AND TIME OF PERFORMANCE <br />4.1 The effective date of this MOU shall be the date last executed by the Parties, below (the <br />"Effective Date "). The term of the MOU shall continue from the Effective Date until September <br />30, 2016, or until the Parties have fulfilled all obligations under this MOU. <br />ARTICLE 5 <br />NOTICE <br />5.1 Except as may be otherwise specifically provided in this MOU, all notices, demands, <br />requests, or communications related to non - compliance issues required or permitted hereunder <br />shall be in writing and shall either be (i) personally delivered against a written receipt, or (ii) sent <br />by registered or certified mail, return receipt requested, postage prepaid and addressed to the <br />parties at the addresses set forth below, or at such other addresses as may have been theretofore <br />specified by written notice delivered in accordance herewith: <br />If to the County: <br />Hays County <br />Attn: County Judge <br />111 E. San Antonio, Suite 300 <br />San Marcos, Texas 78666 <br />If to the City: <br />City of San Marcos <br />Attn: Jared Miller <br />630 E. Hopkins Street <br />San Marcos, Texas 78666 <br />MOU - Wildenthal - Phase 1 Page 3 <br />