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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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Resolutions
City Clerk - Type
Approving
Number
2014-113
Date
8/19/2014
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notifying Seller before the end of the Inspection Period. If Buyer does not notify Seller of <br />Buyer's termination of the contract before the end of the Inspection Period, Buyer waives the <br />right to terminate this contract pursuant to this provision. <br />H. Representations <br />The parties' representations stated in Exhibit B are true and correct as of the Effective <br />Date and must be true and correct on the Closing Date. <br />1. Condition of the Property until Closing; Cooperation; No Recording of Contract <br />1. Maintenance and Operation. Until closing, Seller will (a) maintain the Property <br />as it existed on the Effective Date, except for reasonable wear and tear and casualty damage; (b) <br />operate the Property in the same manner as it was operated on the Effective Date; and (c) comply <br />with all contracts and governmental regulations affecting the Property. Until the end of the <br />Inspection Period, Seller will not enter into, amend, or terminate any contract that affects the <br />Property other than in the ordinary course of operating the Property and will promptly give <br />notice to Buyer of each new, amended, or terminated contract, including a copy of the contract, <br />in sufficient time so that Buyer may consider the new information before the end of the <br />Inspection Period. If Seller's notice is given within three days before the end of the Inspection <br />Period, the Inspection Period will be extended for three days. After the end of the Inspection <br />Period, Buyer may terminate this contract if Seller enters into, amends, or terminates any <br />contract that affects the Property without first obtaining Buyer's written consent. <br />2. Casualty Damage. Seller will notify Buyer promptly after discovery of any <br />casualty damage to the Property. Seller will have no obligation to repair or replace the Property <br />if it is damaged by casualty before closing. Buyer may terminate this contract if the casualty <br />damage that occurs before closing would materially affect Buyer's intended use of the Property, <br />by giving notice to Seller within fifteen days after receipt of Seller's notice of the casualty (or <br />before closing if Seller's notice of the casualty is received less than fifteen days before closing). <br />If Buyer does not terminate this contract, Seller will (a) convey the Property to Buyer in its <br />damaged condition, (b) assign to Buyer all of Seller's rights under any property insurance <br />policies covering the Property, and (c) pay to Buyer the amount of the deductibles and <br />coinsurance provisions under any insurance policies covering the Property, but not in excess of <br />the cost to repair the casualty damage and less any amounts previously paid by Seller to repair <br />the Property. If Seller has not insured the Property and Buyer does not elect to terminate this <br />contract in accordance with this section, the Purchase Price will be reduced by the cost to repair <br />the casualty damage. <br />3. Condemnation. Seller will notify Buyer promptly after Seller receives notice that <br />any part of the Property has been or is threatened to be condemned or otherwise taken by a <br />governmental or quasi - governmental authority. Buyer may terminate this contract if the <br />condemnation would materially affect Buyer's intended use of the Property by giving notice to <br />Seller within fifteen days after receipt of Seller's notice to Buyer (or before closing if Seller's <br />notice is received less than fifteen days before closing). If Buyer does not terminate this contract, <br />(a) Buyer and Seller will each have the right to appear and defend their respective interests in the <br />6 <br />
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