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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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Property in the condemnation proceedings, (b) any award in condemnation will be assigned to <br />Buyer, (o) if the taking occurs before closing, the description of the Property will be revised to <br />delete the portion taken, and (d) no change in the Purchase Price will be made. <br />4. Claims; Hearings. Seller will notify Buyer promptly of any claim or <br />administrative hearing that is threatened, filed, or initiated before closing that affects the <br />Property. <br />5. Cooperation. Seller will cooperate with Buyer (a) before and after closing, to <br />transfer the applications, permits, and licenses held by Seller and used in the operation of the <br />Property and to obtain any consents necessary for Buyer to operate the Property after closing and <br />(b) before closing, with any reasonable evaluation, inspection, audit, or study of the Property <br />prepared by, for, or at the request of Buyer. <br />6. No Recording. Buyer may not file this contract or any memorandum or notice of <br />this contract in the real property records of any county. If, however, Buyer records this contract <br />or a memorandum or notice, Seller may terminate this contract and record a notice of <br />termination. <br />J. Termination <br />1. Disposition of Earnest Money after Termination <br />a To Buyer. If Buyer terminates this contract in accordance with any of <br />Buyer's rights to terminate, Seller will, within five days after receipt of <br />Buyer's termination notice, authorize Title Company to deliver the Earnest <br />Money to Buyer, less $100, which will be paid to Seller as consideration <br />for the right granted by Seller to Buyer to terminate this contract. If, <br />however, Buyer terminates this contract after the end of the Inspection <br />Period for any reason other than as permitted under this contract, the <br />Earnest Money shall be paid to Seller. <br />b. To Seller. If Seller terminates this contract in accordance with any of <br />Seller's rights to terminate, Buyer will, within five days after receipt of <br />Seller's termination notice, authorize Title Company to pay and deliver <br />the Earnest Money to Seller. <br />2. Duties after Termination. If this contract is terminated, Buyer will promptly <br />return to Seller all documents relating to the Property that Seller has delivered to Buyer and all <br />copies that Buyer has made of the documents. After return of the documents and copies, neither <br />party will have further duties or obligations to the other under this contract, except for. those <br />obligations that cannot be or were not performed before termination of this contract and those <br />obligations that survive termination under the express terms of this contract. <br />7 <br />
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