Res 2022-251R/approving a Development Agreement with Harris Hill Residential Land Holdings, Ltd. providing for annexation and regulating the development

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C. Severability If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid or enforceable provision as is possible. The Parties agree to reasonably cooperate to effectuate the intent of this Agreement. D. Parties If any of the ownership entities fail or refuse to sign this Agreement or choose to opt out of this Agreement, those entities and their property shall be excluded. The Conceptual Land Plan will be amended to reflect the change and will automatically become part of this Agreement. Further, the county deed records will be amended by the Owner to reflect the change and evidence of the recordation will be provided to the City. E. Notices All notices, demands and requests required hereunder shall be in writing and shall be deemed to have been properly delivered and received (i) as of the date of delivery to the addresses set forth below if personally delivered or delivered by facsimile machine, with confirmation of delivery (in the event a facsimile is sent after 5:00 p.m. local San Marcos, Texas time, it shall be deemed to have been received on the next day), or email (as indicated below); (ii) three (3) business days after deposit in a regularly maintained receptacle for the United States mail, certified mail, return receipt requested and postage prepaid; or (iii) one (1) business day after deposit with Federal Express or comparable overnight delivery system for overnight delivery with all costs prepaid. All notices, demands and requests hereunder shall be addressed as follows: If to City: With a copy to: City of San Marcos City of San Marcos Attn: City Manager Attn: City Attorney 630 East Hopkins Street 630 East Hopkins Street San Marcos, Texas 78666 San Marcos, Texas 78666 If to the Owner: With a copy to: Harris Hill Residential Land NorthPoint Development, LLC Holdings, Ltd. Attn: Roe Pitstick Attn: Robert W. McDonald IV 3315 N. Oak Trafficway 100 NE Inner Loop 410, Ste. 775 Kansas City, Missouri 64116 San Antonio, Texas 78216 Any party may change the address for notice to it by giving notice of such change in accordance with the provisions of this Section. 9