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a. Owner would occupy property in accordance with land development and zoning policy <br /> established by the City for the area. <br /> b. Conveyance would be contingent on Transferee being a nonprofit organization exempt from <br /> federal taxation under Section 501(c)(3) of the Internal Revenue Code, to qualify for a <br /> conveyance under Section 253.011 of the Texas Local Government Code,where consideration <br /> for the deed is the use of the property in a manner that primarily promotes a public purpose of <br /> the City. Transferee must provide details for City to evaluate this fact, including a description of <br /> the nonprofit; its proposed programs, schedule, and intent for the property; its proposed <br /> financial commitment, timeline, and plans for repairs to the present Mitchell Center. Failure to <br /> continue use of this nature under the terms of the deed and state law will result in a reversion of <br /> the land and improvements thereon to the City. City Council will review the Transferee's <br /> performance annually to ensure City's public purposes are maintained. <br /> c. City will reserve needed easements for the Purgatory Creek project. <br /> d. Need to contact outside utility providers for additional utility services. <br /> THE PROPERTY IS TO BE CONVEYED "AS 1S", "WITH ALL FAULTS" AND WITHOUT ANY <br /> WARRANTY, EXPRESS, IMPLIED, OR STATUTORY,WITH RESPECT TO THE PROPERTY, ITS <br /> CONDITION, ADEQUACY, SUITABILITY FOR ANY PURPOSE, MERCHANTABILITY OR <br /> TENANTABILITY, OR THE PRESENCE OF ANY GEOLOGICAL, SOIL, OR ENVIRONMENTAL <br /> CONDITIONS, AND SUBJECT TO ALL GOVERNMENT REGULATIONS REGARDING <br /> DEVELOPMENT OF THE PROPERTY. <br /> A successful transferee may not terminate the conveyance process after a proposal is accepted <br /> based upon any subsequent inspection of the property regardless of the nature, extent or cost of <br /> any repairs or remediation. <br /> Other than the attached assessment and survey, City shall be under no obligation to disclose to any <br /> respondent and shall have no liability for its failure to disclose to any respondent, any information <br /> known to it relating to any property. <br /> 8. Character/Acceptance of Proposals: Each proposal will constitute an unqualified and <br /> unconditional offer to accept transfer of the property under the terms and conditions of this proposal <br /> form. The acceptance of a proposal by the Seller's governing body results in a binding transfer <br /> agreement. Proposals are subject to acceptance for a period of 120 days following the proposal <br /> deadline. <br /> 9. Enclosures: Each proposal packet contains a copy of the following: <br /> These enclosures are provided for informational purposes only, and do not alter the obligations of <br /> respondents contained in Section 4 above. <br /> 10. Respondent Acknowledgment: RESPONDENT HAS READ AND UNDERSTANDS THE <br /> TERMS AND CONDITIONS OF THIS SALE,AND BY SUBMITTING A PROPOSAL,AGREES TO <br /> BE BOUND BY THESE TERMS AND CONDITIONS. <br /> 11. Basis of Proposal: The respondent bears all closing costs, including without limitation, title <br /> insurance, attorney's fees,survey costs, real estate commissions, and environmental assessment <br /> costs. Closing must occur within 30 days of acceptance of a proposal by Seller's governing body. <br /> 12. Nonprofit Information: The Nonprofit shall provide a proposal with the following information. <br /> 3 <br />