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D. Parties If any of the ownership entities fail or refuse to sign this Agreement <br /> or choose to opt out of this Agreement, those entities and their property <br /> shall be excluded. The Conceptual Land Plan will be amended to reflect the <br /> change and will automatically become part of this Agreement. Further, the <br /> county deed records will be amended by the Owner to reflect the change <br /> and evidence of the recordation will be provided to the City. <br /> E. Notices All notices, demands and requests required hereunder shall be in <br /> writing and shall be deemed to have been properly delivered and received <br /> (1) as of the date of delivery to the addresses set forth below if personally <br /> delivered or delivered by facsimile machine, with confirmation of delivery(in <br /> the event a facsimile is sent after 5:00 p.m. local San Marcos, Texas time, <br /> it shall be deemed to have been received on the next day), or email (as <br /> indicated below); (ii) three (3) business days after deposit in a regularly <br /> maintained receptacle for the United States mail, certified mail, returnis <br /> receipt requested and postage prepaid; or (iii) one (1) business day after <br /> deposit with Federal Express or comparable overnight delivery system for <br /> p p p g rY y i <br /> overnight delivery with all costs prepaid. All notices, demands and requests <br /> hereunder shall be addressed as follows: <br /> If to City: City of San Marcos <br /> Attn: City Manager <br /> 630 East Hopkins Street <br /> San Marcos, Texas 78666 <br /> is <br /> With a copy to: City of San Marcos <br /> Attn: City Attorney <br /> 630 East Hopkins Street <br /> San Marcos, Texas 78666 <br /> If to the Owner: Franklin Mountain San Marcos I, LP, is <br /> Attn: Ryan Burkhardt I <br /> 16830 Addison Road <br /> Addison, Texas 75001 I' <br /> Any party may change the address for notice to it by giving notice of such <br /> change in accordance with the provisions of this Section. <br />