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Res 2018-201/approving a Real Estate sales contract with Life Style Development, L.L.C. for the sale of approximately 29 acres of city land commonly known as the “Leah” Tract near IH-35 and Cottonwood Parkway for a price of $3,114,317.15
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Res 2018-201/approving a Real Estate sales contract with Life Style Development, L.L.C. for the sale of approximately 29 acres of city land commonly known as the “Leah” Tract near IH-35 and Cottonwood Parkway for a price of $3,114,317.15
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11/15/2018 3:25:51 PM
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10/23/2018 3:20:58 PM
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Contract
Number
2018-201
Date
10/16/2018
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be paid by Buyer in this contract; and Buyer's attorney's fees and expenses, <br />C. Ad Valor ern Taxes. The Property is presently exempt from ad valorem <br />taxes. Buyer agrees to pay ad valorem taxes first accruing from and after <br />the Closing Date. Seller will promptly notify Buyer of all notices of <br />proposed or final tax valuations and assessments that Seller receives after <br />the Effective Date and after closing. <br />d. Exlaenses Incurred by Seller. Invoices that are received after closing for <br />operating expenses incurred on or before the Closing Date and not adjusted <br />at closing will be paid by Seller. <br />C. Postclosing AcIjustments. If errors in the prorations irlade at closing are <br />identified I ied 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 />f. Bi-okers' Commissions. Seller will pay all real estate broker's <br />con-irnissions to be split between Seller's and Buyer's licensed real estate <br />brokers. At closing, each. party will provide the other party with a release of <br />broker's liens from all brokers for which each party was responsible, <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 D✓ ftdtl° Reinedies beJbre Closing. If Seller fails to perform any of its <br />obligations under this contract or if any of Seller's representations is not true and correct as of the <br />Effective Date or on the Closing Date ("Seller's DeffiLlIt"), Buyer naay elect either of the following <br />as its sole and exclusive rernedy before closing: <br />a. 7Lxrmin(ition; Buyer may terminate this contract by <br />giving notice to Seller on or before the Closing Date and Closing'Flinc and <br />have the Eamest Money returned to Buyer, <br />b. Slxecific Pei,-fbrtnance. Unless Seller's Default relates to the untruth or <br />incorrectness of Seller's representations for reasons not reasonably within <br />Seller's control, Buyer may enforce specific performance of Seller's <br />obligations under this contract, but any such action must be initiated, if at <br />all, within ninety days after the breach or alleged breach of this contract. If <br />title to the Property is awarded to Buyer, the conveyance will be Subject to <br />the matters stated in theTitle Commitment. <br />2. Seller 's Deftizill; Remedies after If'Seller's representations are not true <br />and correct at closing For reasons reasonably tivithin Seller's control and Buyer does not become <br />aware of the untruth or, incorrectness until after closing, Buyer will have all the rights and rcmedics <br />
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