Res 2024-126 approving an amendment to the reimbursement agreement with Carma Paso Robles, LLC., for the San Marcos, Texas Tax Increment Reinvestment Zone No. 4

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certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: CITY: City of San Marcos 630 East Hopkins Street San Marcos, Texas 78666 Attn: Director of Planning Phone:(512)393-8000 DEVELOPER: CARMA PASO ROBLES LLC 9600 N MoPac Expressway, Suite 750 Austin, Texas 78759 Attn: Chad Matheson Phone: (512) 391-1343 With copies to: DuBois Bryant& Campbell LLP 700 Lavaca Avenue, Suite 1300 Austin, Texas 78701 Attn: E. Scott Lineberry Phone: (512) 381-8016 It. Force Majeure. Developer and the City agree that the obligations of each party shall be subject to force majeure events such as natural calamity, fire or strike. i. Appointment of Representatives. To further the commitment of the parties to cooperate in the implementation of this Agreement, the City and Developer each shall designate and appoint a representative to act as a liaison between the City and its various departments and Developer. The initial representative for the City (the "City Representative") shall be the City Manager, and the initial representative for the Developer shall be Shaun E. Cranston (the 'Developer Representative"). The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to the Concept Plan. j. Assignment. This Agreement may be assigned by the Developer only with the prior written approval of the City, which consent shall not be unreasonably withheld or delayed. k. Modification. This Agreement shall be subject to change or modification only with the mutual written consent of Developer and the City. 1. Parties at Interest. This Agreement shall be for the sole and exclusive benefit of the parties hereto and shall never be construed to confer any benefit to any third party. 6