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GOVERNMENTAL FUNCTION; IMMUNITY <br /> i- <br /> The City's execution of and performance under this Agreement will not act as a <br /> waiver of any immunity of the City to suit or liability under applicable law. The <br /> parties acknowledge that the City, in executing and performing this Agreement, is <br /> a governmental entity acting in a governmental capacity. <br /> EXECUTED to be effective as of the Effective Date first staffed above. <br /> I <br /> FRANKLIN MOUNTAIN SAN MARCOS 1, <br /> LP, a Texas limited partnership <br /> By: Scarborough San Marcos GP LLC <br /> Y 9 , <br /> a T as limited liability company, <br /> its en Vartner <br /> By: <br /> NAM <br /> TITLE: Manager <br /> f <br /> Notary Public, State of Texas <br /> STATE OF TEXAS § <br /> COUNTY OF L § <br /> is <br /> This instrument was acknowledged before me on the days of WAY <br /> 2023, by Ryan Burkhardt, in his capacity as Manager for Franklin Mountain San Marcos <br /> I, LP. <br /> Bruce Damon Browne <br /> Commission Ex itos M C D <br /> Y <br /> • 1H712026 <br /> N ota ID <br /> 12402 646 <br /> r- <br /> ' I <br /> Not r u lic, Texas I <br />