Res 2018-142/approving a contract with the San Marcos River Foundation, Inc. for the City to purchase approximately 249 acres of land, commonly referred to as the “Millican Tract,” in the vicinity of Palomino Lane and Country Estates drive for a price of

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EXHIBIT B Representations; Environmental Matters A. Seller's Representations Seller represents to Buyer that the following are true and correct as of the Effective Date and will be true and correct on the Closing Date. 1. Authority. This contract is, and all documents required by this contract to be executed and delivered by each party at closing will be duly authorized, executed, and delivered by such party. 2. Litigation. There is no litigation pending or threatened against either party that might affect the Property or either party's ability to perform its obligations under this contract. 3. Violation of Laws. Neither party has received notice of violation of any law, ordinance, regulation, or requirements affecting the Property or use of the Property. 4. Condemnation; Zoning; Land Use; Hazardous Materials. Seller agrees to provide any environmental, hazardous materials and other such reports or disclosures in its possession to Buyer within the deadline for providing Seller's Records. Other than such information, if any, Seller has not received notice of any condemnation, zoning, or land-use proceedings affecting the Property or any inquiries or notices by any governmental authority or third party with respect to the presence of hazardous materials on the Property or the migration of hazardous materials from the Property. 5. No Other Obligation to Sell the Property or Restriction against Selling the Property. Seller has not obligated itself to sell the Property to any party other than Buyer. Seller's performance of this contract will not cause a breach of any other agreement or obligation to which Seller is a party or to which it is bound. 6. No Liens. On the Closing Date,the Property will be free and clear of all mechanic's and materialman's liens and other liens and encumbrances of any nature except the Permitted Exceptions,and no work or materials will have been furnished to the Property that might give rise to mechanic's, materialman's, or other liens against the Property other than work or materials to which Buyer has given its consent. 7. No Other Representation. Except as stated above or in this Agreement Seller makes no other representation with respect to the Property. 8. No Warranty. Seller has made no warranty in connection with this contract. 15