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10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule <br /> of construction that ambiguities in a document will be construed against the party who drafted it <br /> will not be applied in interpreting this contract. <br /> 11. No Special Relationship. The parties' relationship is an ordinary commercial <br /> relationship, and they do not intend to create the relationship of principal and agent, partnership, <br /> joint venture, or any other special relationship. <br /> 12. Counterparts. If this contract is executed in multiple counterparts,all counterparts <br /> taken together will constitute this contract. <br /> 13. Confidentiality. The parties will keep confidential all information learned in the <br /> course of this transaction, except to the extent disclosure is required by the Texas Pubic <br /> Information Act, the Texas Open Meetings Act, other law or court order or to enable third parties <br /> to advise or assist Buyer to investigate the Property or either party to close this transaction. <br /> 14. No Waiver of Immunity. The parties agree that this contract is not a contract for <br /> goods or services and neither party waives any immunity from suit or liability of limitations on. <br /> liability granted under applicable laws and constitution of the State of Texas. <br /> 15. Subject to Approval. This contract is subject to a)the approval of the San Marcos <br /> City Council; and b) the appropriation of lawfully available funds for payment of the Purchase <br /> Price and all of Buyer's Closing Costs by the San Marcos City Council. If no such approval is <br /> obtained and appropriation made, Seller shall have no recourse against Buyer for such reasons and <br /> this contract shall be of no further force and effect. <br /> N. Special Provisions <br /> 1. Appraised Value and Bargain Sale Donation. The parties agree that, based on an <br /> appraisal dated March 19, 2018 from Graham and Associates, the Property has an appraised value <br /> of$613,800.00 as of March 19, 2018 and such amount is deemed by the parties to be the fair <br /> market value of the Property as of the Closing Date. Because the appraised value of the Property <br /> as determined by such appraisal exceeds the Purchase Price, the parties agree that Seller may, <br /> pursuant to Section 1.170-A-13(c) of the Internal Revenue Code, declare such excess value as a <br /> Noncash Charitable Contribution using IRS Form No. 8283 (or successor or replacement form), <br /> and file such form and any supporting forms and documentation with the IRS. The Buyer agrees <br /> to sign such forms and cooperate with Seller as reasonably necessary for Seller to properly and <br /> timely complete and submit such IRS forms and documentation. <br /> 2. Closing Subject to Off-Site Property Remediation. Seller (or an entity controlled <br /> by or under common ownership with Seller) is the owner of Lots 2 through 10 of Park Court at <br /> Willow Creek, being a Replat of Lot 34 and 35 of the Park at Willow Creek located in the 300 <br /> Block of Stagecoach Trail, San Marcos,Texas(the"Stagecoach Property"). Upon the Stagecoach <br /> Property is a large "spoils" pile containing dirt, rocks and organic construction debris which has <br /> been the subject of past disputed code enforcement action by the City of San Marcos and over <br />