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With a copy to: <br />Scott J. Parker, Texas State Director <br />4524 Frontier Trail <br />Austin, TX. 78745 <br />Tel: 415-269-4231 <br />Email: scott.parker@tpl.org <br />IF TO LESSEE — BUYER: <br />Sam Aguirre <br />Legal Department, City of San Marcos <br />630 East Hopkins Street <br />San Marcos, TX. 78666 <br />Tel: 512-393-8154 <br />Fax: 512-393-3983 <br />Email: saguirre@sanmarcostx.gov <br />41. APPLICABLE LAW: This Agreement shall be governed by and construed and enforced <br />in accordance with the laws of the State of Texas. <br />42. HEADINGS: The headings used in this Agreement are for convenience of reference only <br />and shall not operate or be construed to alter or affect the meaning of any of the provisions hereof. <br />43. CONDITIONS PRECEDENT TO LESSOR'S DUTIES TO PERFORM UNDER THIS <br />AGREEMENT: Lessor shall have no duty to perform under this Agreement unless and until each <br />of the following conditions precedent has been fulfilled: <br />(a) Lessor has acquired fee simple title to the Property; and <br />(b) Lessee has delivered to Lessor a certified copy of a resolution of Lessee authorizing <br />execution of the Agreement, together with the opinion of Lessee's counsel stating that the <br />Agreement has been authorized according to law, and when executed by both of the parties, shall <br />constitute an enforceable obligation of Lessee according to its terms. <br />(c) Lessee has agreed to accept the Survey and legal description provided by Lessor as <br />determinative of the boundary and acreage of the Property, and has agreed that it shall accept title <br />to the Property subject to the Survey, including any encroachments, easements, boundary claims, <br />or defects shown on the survey or visible on the ground upon reasonable inspection. <br />44. PRECONDITION TO LESSEE'S DUTY TO PERFORM: Lessee shall have no duty to <br />commence to perform any obligation hereunder until and unless Lessor shall have provided to <br />Lessee the report of a phase one environmental site assessment, carried out by a licensed <br />professional engineer or geologist, stating that further investigations are not recommended. <br />IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year <br />set forth below. <br />15 <br />