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16. TIME. Time is of the essence. <br /> <br />17. SPECIAL PROVISIONS. <br /> <br />The Buyer's obligation to close this transaction is contingent on the Buyer securing grant <br />funding in the full amount of the purchase price from the Texas Parks and Wildlife <br />Department ("TPWD"). In this regard, the Buyer agrees to 1) request approval from TPWD <br />of a letter of retroactivity allowing the Buyer to use properties already acquired by donation <br />from the Seller to the Buyer as leverage for a grant application; 2) submit a grant application <br />to TPWD by January 31, 2003 in the amount of the purchase price; and 3) use its best efforts <br />to secure approval of the grant application by TPWD. Seller agrees to cooperate with Buyer <br />in all reasonable ways in the submission and processing of the grant application. The part/es <br />anticipate that the TPWD award date for the grant will be August 28, 2003. <br /> <br />In the event the Buyer does not secure the grant fimding by the Closing Date, the Buyer may <br />terminate this Contract and obtain a refund of the Earnest Money. <br /> <br />Seller agrees that public roadway access to the Property will be provided for in the course <br />of platting the Seller's property. This agreement shall survive the closing. <br /> <br />18. <br /> <br />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. <br /> <br />BUYER: <br />City of San Marcos <br /> <br />Dan O'Leary, Cii3ty Manager <br /> <br />SELLER: <br /> <br />Alan Holt <br /> <br />Wili~am C. Holt <br /> <br />Shani Holt Annbruster <br /> <br />Date: <br /> <br />Date: <br /> <br />Date: 2' /7- p, 0¢3 <br /> <br />Date: <br /> <br />5 <br /> <br /> <br />