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certified mail, postage prepaid, return receipt requested, and addressed to the parties at the <br />following addresses: <br />CITY: City of San Marcos <br />630 East Hopkins Street <br />San Marcos, Texas 78666 <br />Attn: Director of Planning <br />Phone: (512) 393 -8000 <br />DEVELOPER: CARMA PASO ROBLES LLC <br />9737 Great Hills Trail, Suite 260 <br />Austin, Texas 78759 <br />Attn: Shaun E. Cranston, P.Eng. <br />Phone: (512) 391 -1331 <br />With copies to: DuBois Bryant & Campbell LLP <br />700 Lavaca Avenue, Suite 1300 <br />Austin, Texas 78701 <br />Attn: E. Scott Lineberry <br />Phone: (512) 381 -8016 <br />h. Force Majeure. Developer and the City agree that the obligations of each <br />party shall be subject to force majeure events such as natural calamity, fire or strike. <br />i. Appointment of Representatives. To further the commitment of the <br />parties to cooperate in the implementation of this Agreement, the City and Developer each shall <br />designate and appoint a representative to act as a liaison between the City and its various <br />departments and Developer. The initial representative for the City (the "City Representative ") <br />shall be the City Manager, and the initial representative for the Developer shall be Shaun E. <br />Cranston (the "Developer Representative "). The representatives shall be available at all <br />reasonable times to discuss and review the performance of the parties to this Agreement and the <br />development of the Property pursuant to the Concept Plan. <br />j. Assignment. This Agreement may be assigned by the Developer only <br />with the prior written approval of the City, which consent shall not be unreasonably withheld or <br />delayed. <br />k. Modification. This Agreement shall be subject to change or modification <br />only with the mutual written consent of Developer and the City. <br />1. Parties at Interest. This Agreement shall be for the sole and exclusive <br />benefit of the parties hereto and shall never be construed to confer any benefit to any third party. <br />0 <br />