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Res 2002-225
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Res 2002-225
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7/3/2006 10:41:39 AM
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7/3/2006 10:41:18 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2002-225
Date
12/9/2002
Volume Book
150
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<br />630 East Hopkins <br />San Marcos, TX 78666 <br /> <br />Seller: <br /> <br />Alan Holt <br />3355 Bee Caves Road <br />Austin, TX 78746 <br /> <br />Notice sent in any other way will be deemed delivered when and if actually received. A pmty <br />that changes its address will give prompt written notice of the change to the other party. <br /> <br />11. INTEGRATION. This Contract contains the complete agreement between the parties <br />and cannot be amended except by a written document signed by the parties. The parties <br />agree that there are no oral agreements, understandings, representations or wananties which <br />are not expressly set forth in this Contract. <br /> <br />12. BINDING EFFECT. This Contract will be binding upon, and inure to the benefit of, the <br />parties and their respective heirs, successors, legal representatives and assigns. <br /> <br />13. ASSIGNMENT~ WAIVER. Neither party may assign this Contract without the written <br />consent of the other party. The failure of a party to insist upon strict compliance with this <br />Contract by the other party on one or more occasions will not constitute a waiver of the right <br />to thereafter enforce such compliance. <br /> <br />14. CONSTRUCTION. This Contract will be construed under the laws of the State of Texas, <br />and mandatory venue for any legal action under this Contract is in Hays County, Texas. The <br />rule of construction that ambiguities in a document will be construed against the pmty who <br />drafted it will not be applied in interpreting this Contract. The term "will" in this Contract <br />is mandatory. Pronoun references to a particular gender or to singular/plural parties will be <br />interpreted in the appropriate gender and number. The titles of paragraphs are for <br />convenience only and do not affect the meaning of this Contract. <br /> <br />15. PARTIAL INVALIDITY. In case any provision of this Contract is held to be invalid, <br />illegal, or unenforceable by a court 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 />16. TIME. Time is of the essence. <br /> <br />17. SPECIAL PROVISIONS. <br /> <br />1. The Buyer's obligation to close this transaction is contingent on the Seller <br />securing a 50' wide public right-of-way from the IH-35 east access road to the Property, prior <br />to the Closing Date, in one of the following ways: <br /> <br />A. By dedicating across other property of the Seller, and securing a dedication by the <br /> <br />4 <br />
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