Res 2018-057/approving an Agreement of Sale with the Trust for Public Land for the City to purchase approximately 151 acres of land for the third and final acquisition out of the Wildenthal Tract at a cost to the City of $2,265,368, subject to the award t

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delivered by hand, telecopier, courier service or Express Mail, shall be deemed given when delivered. The parties may, by notice as provided above, designate a different address to which notice shall be given, 10. Remedies Upon Default. In the event either, patty defaults in the performance of any of its obligations wider this Agreement, the non -defaulting party shall have the right of specific performance against the defaulting party, in addition to any and all other remedies provided in this Agreement, or by law or equity, IL No Broker's Commission. Each party represents to the other that it has not used a real estate broker in connection with this Agreement or the transaction contemplated by this Agreement. In the event any person asserts a claim for a broker's conimission or finder's fee against one of the parties to this Agreement, the party on account of whose conduct the claim is asserted will hold the other party hairnless from said claim, 11 Time of the Essence. Time is of the essence of this Agreement, 13.Bindi g on Success This Agreement shall be binding not only upon the RK2 Successors.. parties but also upon their heirs, personal representatives, assigns, and other successors in interest. 14. 'Additional Documents. TPP and City agree to execute such additional documents, includirig escrow instructions, as may be reasonable and necessary to carry out the provisions of this Agreement. 15. Assi nme�nt. City may not assign its interests under this Agreement without the written consent of TPL. 16. Entire A uFreement- Modification: Waiver, This Agreement constitutes the entire agreement, between City and TPL pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the patties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver, 17. Counterparts and Electronic DElivery, This Agreement may be signed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of this Agreement by facsimile, electronic mail or other electronic transmission shall be deemed as effective delivery of an originally executed cotmterpart mid shall be, acceptable as evidence of execution of this Agreement, without the, need for sending or receiving the original, executed, document. Agmit of Sale City of San Marcos Wildenthal Phase 3 6