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Res 2018-152/approving a contract with the Texas Realty Retail Partners, Inc. for the City to purchase approximately 27.094 acres of land located on the South Side of Farris Street near its intersection with Wilson Street for a price of $475,000.00 for s
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Res 2018-152/approving a contract with the Texas Realty Retail Partners, Inc. for the City to purchase approximately 27.094 acres of land located on the South Side of Farris Street near its intersection with Wilson Street for a price of $475,000.00 for s
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9/25/2018 10:24:26 AM
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Resolutions
City Clerk - Type
Contract
Number
2018-152
Date
8/21/2018
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"survey/area and boundary deletion" in the Title Policy, if the deletion is <br /> requested by Buyer;the costs of work required by Buyer to have the survey <br /> reflect matters other than those required under this contract; the costs to <br /> obtain financing of the Purchase Price, including the incremental premium <br /> costs of mortgagee's title policies and endorsements and deletions required <br /> by Buyer's lender; and Buyer's expenses and attorney's fees. <br /> c. Ad Valorem Taxes. Buyer is a tax-exempt governmental entity and assumes <br /> no responsibility for taxes associated with Seller's ownership of the <br /> Property through the Closing Date. Ad valorem taxes for the Property for <br /> the calendar year of closing will be prorated between Buyer and Seller as of <br /> the 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 will <br /> be based on taxes for the previous tax year, and Buyer and Seller will adjust <br /> the prorations in cash within thirty days of when the actual assessment and <br /> taxes are known. Buyer, however, agrees to assume responsibility for <br /> payment of any "roll-back" taxes arising from a change in use. Seller will <br /> promptly notify Buyer of all notices of proposed or final tax valuations and <br /> assessments that Seller receives after the Effective Date and after closing. <br /> All taxes due as of closing will be paid at closing. After closing, Buyer may <br /> forward any tax bills attributable to Seller's ownership of the Property <br /> (except for "roll-back" taxes, which are assumed by Buyer), directly to <br /> Seller and Seller shall promptly pay such bill. If Buyer pays such bill,it may <br /> forward an invoice to Seller for reimbursement and Seller shall promptly <br /> pay such invoice. Buyer may pursue any remedies available at law or in <br /> equity to enforce the Seller's obligations under this paragraph. Seller's <br /> obligations under this paragraph shall survive 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 will not be responsible for payment of any <br /> Broker's Commissions and seller agrees to indemnify, defend and hold <br /> Buyer harmless from any loss, attorney's fees, court costs and other costs <br /> arising out of a claim by any person or entity claiming a fee or commission <br /> arising from this transaction. <br /> 3. Issuance of Title Policy. Seller will cause Title Company to issue the Title Policy <br /> to Buyer as soon as practicable after closing. <br /> L. Default and Remedies <br /> 1. Seller's Default. If Seller fails to perform any of its obligations under this contract <br />
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