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<br />-5- <br /> <br />"will" in this Contract is mandatory. Pronoun references to a particular gender or to <br />singular/plural parties will be interpreted in the appropriate gender and number. The titles <br />of paragraphs are for convenience only and do not affect the meaning of this Contract. <br /> <br />17. Partial Invalidity. In case any provision of this Contract is held to be invalid, illegal, or <br />unenforceable by a cOUl1 of competent jurisdiction, the invalidity, illegality, or <br />unenforceability will not affect any other provision, and this Contract will be construed as <br />if the invalid, illegal, or unenforceable provision had never been included in this Contract. <br /> <br />18. Time. Time is of the essence. <br /> <br />19. Special Provisions. The Buyer agrees to use its best efforts to a) apply for and secure <br />approval of a rezoning of the Property to "P" Public and Institutional District for the <br />Property, and b) retain the future land use of the Property as Open Space/Floodplain. This <br />obligation will survive the Closing. <br /> <br />20. Broker's Fees/Commissions. The Seller is responsible for paying any commissions or fees <br />for brokerage services obtained by the Seller. <br /> <br />EXECUTED in multiple counterparts by the Seller and Buyer on the dates set f011h below. The later <br />signature date will be the Effective Date of this Contract. <br /> <br />BUYER: <br />City of San Marcos <br /> <br />SELLER: <br /> <br />Dan O'Leary,Inte 1m City Manager <br />Date: ,v I"~I <br /> <br /> <br />\~~~~\.~~ <br />Mary Lo . Froh <br />Date:~ \ 4. D:2.. <br /> <br />Receipt of $1 ,000.00 Earnest Money is acknowledged in the form of check # ~t:JrJffl" <br /> <br />Hays County Abstract Company <br /> <br />