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<br />-5- <br /> <br />to make an identical offer to the Company. If the City does not <br />so notify the Company in writing within the ninety (90) day period <br />of its offer to purchase the system on the same terms and <br />conditions set out in the offer acceptable to the Company made by <br />a third party, then and in such event the company may proceed to <br />sell the sytem to the party making such offer. Anything herein to <br />the contrary notwithstanding City shall have no right to purchase <br />the systems in the event of any sale, transfer, assignment or <br />exchange of the Village Green Apartments to any person. <br /> <br />The failure of City to enforce any of the provisions herein <br />listed with respect to a breach in anyone instance or number of <br />instances shall not be construed as relinquishment or waiver under <br />this agreement and the same shall nevertheless remain in full <br />force and effect. <br /> <br />Company agrees that no use of any property or right attached <br />hereunder, nor any payment made, nor any other action or inaction <br />by City or by Company shall create or vest in Company any <br />ownership or property right in any of the real properties occupied <br />or used or upon which any expense by Company has been undertaken <br />as a result of the exercise by Company of the rights and <br />privileges enumerated in this grant. <br /> <br />SECTION 14. Severability: If any section, sentence, <br />clause, or phrase of this grant is for any reason held to be <br />illegal or unconstitutional, such invalidity shall not affect the <br />validity of the remaining sections, sentences, clauses, or phrases <br />of this grant. <br /> <br />SECTION 15. Effective Date: This grant <br />effective thirty (30) days after its final passage. <br /> <br />shall <br /> <br />become <br /> <br />PASSED AND APPROVED on first reading <br /> <br />December 8, 1986. <br /> <br />PASSED AND APPROVED on second reading December 15, 1986. <br /> <br />PASSED, APPROVED <br /> <br />AND ADOPTED January <br /> <br />\~~~ <br />~~{;tV--('~ <br />J . Youñ:qer <br />Hayor <br /> <br />12, 1987. <br /> <br />Attest: <br /> <br />L1~tt~~ <br /> <br />Janis K. Womack <br />City Secretary <br /> <br />........ <br /> <br />Approved: <br /> <br />~ <br /> <br /> <br />amar W. Hankins <br />City Attorney <br /> <br />Published in its entirety in the <br /> <br />SAN MARCOS NEWS December 11, 1986. <br /> <br />Published in the SAN MARCOS NEWS January 15, 1987. <br />