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Res 2014-113/Approving a contract with Aurelius, Ltd., a Texas Limited Partnership, for the City to purchase approximately 6.97 acres of land, being part of Farm Lots 25 and 26 out of the Original Town of San Marcos and located along Cm Allen Parkway at
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Res 2014-113/Approving a contract with Aurelius, Ltd., a Texas Limited Partnership, for the City to purchase approximately 6.97 acres of land, being part of Farm Lots 25 and 26 out of the Original Town of San Marcos and located along Cm Allen Parkway at
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1/22/2015 3:49:49 PM
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8/26/2014 9:58:01 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2014-113
Date
8/19/2014
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premium costs of mortgagee's title policies and endorsements and <br />deletions; and Buyer's expenses and attorney's fees. <br />C. Ad Valorem Taxes. Ad valorem taxes for the Property for the calendar <br />year of closing will be prorated between Buyer and Seller as of the <br />Closing Date. Seller's portion of the prorated taxes will be paid to Buyer <br />at closing as an adjustment to the Purchase Price. If the assessment for the <br />calendar year of closing is not known at the Closing Date, the proration <br />will be based on taxes for the previous tax year, and Buyer and Seller will <br />adjust the prorations in cash within thirty days of when the actual <br />assessment and taxes are known. Seller will promptly notify Buyer of all <br />notices of proposed or final tax valuations and assessments that Seller <br />receives after the Effective Date and after closing. All taxes due as of <br />closing will be paid at closing. <br />d. Postclosing Adjustments. If errors in the prorations made at closing are <br />identified within ninety days after closing, Seller and Buyer will make <br />postclosing adjustments to correct the errors within fifteen days of receipt <br />of notice of the errors. <br />e. Broker's Commissions. Buyer hereby agrees, to the extent permitted <br />by law, to defend, indemnify and hold harmless Seller, from and <br />against any claim by third parties for brokerage, commission, finder's <br />or other fees relative to this Contract or the sale of the Property, and <br />any court costs, attorney's fees or other costs or expenses arising <br />therefrom, if said third party claims are alleged to arise out of an <br />agreement or understanding with Buyer. Seller hereby agrees to <br />indemnify and hold harmless Buyer from and against any claim by <br />third parties for brokerage, commission, finder's or other fees relative <br />to this Contract or the sale of the Property, and any court costs, <br />attorney's fees or other costs or expenses arising therefrom, if said <br />third party claims are alleged to arise out of an agreement or <br />understanding with Seller. Buyer represents and warrants to Seller that <br />Buyer has not contracted with any real estate broker, finder, or other party <br />in connection with this transaction and that Buyer has not taken any action <br />which would result in any real estate broker's, finder's, or other fees being <br />due and payable to any other party with respect to the transaction <br />contemplated hereby. Seller represents and warrants to Buyer that Seller <br />has not contracted with any real estate broker, finder, or other party in <br />connection with this transaction and that Seller has not taken any action <br />which would result in any real estate broker's, finder's, or other fees being <br />due and payable to any other party with respect to the transaction <br />contemplated hereby. Notwithstanding anything to the contrary contained <br />in this Contract, the indemnities set forth in this paragraph shall survive <br />the closing. <br />
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