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<br />-5- <br /> <br />18. TIME. Time is of the essence. <br /> <br />19. SPECIAL PROVISIONS. <br /> <br />1. The Buyer agrees that its Department of Environment and Engineering staff will <br />assist the Seller to prepare an application for a variance from City zoning setback <br />requirements, based on the new property boundary created by the conveyance of the <br />Property, and will support the proposed variance before the Zoning Board of <br />Adjustments. It is understood, however that the Department of Environment and <br />Engineering staff are not the decision makers with regard to the proposed variance. <br /> <br />2. Seller agrees to execute and submit this application for a variance within 30 days of <br />the effective date hereo£ <br /> <br />3. In the event the Zoning Board of Adjustments declines to approve'the variance, the <br />Seller may terminate this Contract. <br /> <br />4. The Buyer agrees to pay at closing any costs associated with lender fees related to <br />acquiring a Partial Release of Lien and other lien documents up to the amount of <br />$3,000.00. <br /> <br />5. Seller to receive written assurances from the City that anyone or more buildings <br />destroyed by fire, tornado, etc. could be rebuilt in their current size and form without <br />violating any ordinance such as set-backs, density and parking space requirements. <br />Should Seller not be satisfied with such assurances, Seller may terminate this <br />contract. <br /> <br />20. BROKER'S FEES/COMMISSIONS. The Seller is responsible for paying any <br />commissions or fees for brokerage services obtained by the Seller. <br /> <br />EXECUTED in multiple counterparts by the Seller and Buyer on the dates set forth below. The later <br />signature date will be the Effective Date of this Contract. ,."ì <br /> <br />BUYER: <br />City of San Marcos <br /> <br />J~, <br /> <br /> <br />