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Res 2024-229 approving a Sales Contract with Hays County for the City’s purchase of the Five Mile Dam Park property in the vicinity of Old Stagecoach Road and Five Mile Park Road,
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Res 2024-229 approving a Sales Contract with Hays County for the City’s purchase of the Five Mile Dam Park property in the vicinity of Old Stagecoach Road and Five Mile Park Road,
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12/2/2024 2:33:07 PM
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Resolutions
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Approving
Number
2024-229
Date
11/19/2024
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4. Delivery of Title Conin2itinent, Survey, and Legible Copies. Seller must deliver <br /> the Title Commitment to Buyer and Buyer's attorney by the deadline stated in paragraph A.2.; <br /> the Survey by the deadline stated in paragraph A.3.; and legible copies of the instruments <br /> referenced in the Title Commitment, and Survey by the deadline stated in paragraph A.4. <br /> 5. Title Objections. Buyer has until the deadline stated in paragraph A.5. ("Title <br /> Objection Deadline")to review the Survey, Title Commitment, and legible copies of the title <br /> instruments referenced in them and notify Seller of Buyer's objections to any of them ("Title <br /> Objections"). Buyer will be deemed to have approved all matters reflected by the Survey and <br /> Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline. <br /> The matters that Buyer either approves or is deemed to have approved are "Permitted <br /> Exceptions."If Buyer notifies Seller of any Title Objections, Seller has five days from receipt of <br /> Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before closing <br /> ("Cure Notice"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but <br /> does not agree to cure all the Title Objections before closing, Buyer may, within five days after <br /> the deadline for the giving of Seller's Cure Notice, notify Seller that either this contract is <br /> terminated or Buyer will proceed to close, subject to Seller's obligations to remove all liquidated <br /> liens, remove all exceptions that arise by,through, or under Seller after the Effective Date, and <br /> cure only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before <br /> closing, Seller must remove all liquidated liens, remove all exceptions that arise by,through, or <br /> under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has <br /> agreed to cure. <br /> G. Inspection Period <br /> 1. Review of Seller's Records. Seller will deliver to Buyer copies of Seller's <br /> records specified in Exhibit C, or otherwise make those records available for Buyer's review, by <br /> the deadline stated in paragraph A.6. <br /> 2. Entry onto the Property. Buyer may enter the Property before closing to inspect <br /> it at Buyer's cost, subject to the following: <br /> a. Buyer must deliver evidence to Seller that Buyer has liability insurance for <br /> its proposed inspection activities, with coverages and in amounts that are <br /> substantially the same as those maintained by Seller or with such lesser <br /> coverages and in such lesser amounts as are reasonably satisfactory to <br /> Seller. <br /> b. Buyer may not interfere in any material manner with existing operations <br /> or occupants of the Property. <br /> C. Buyer must notify Seller in advance of Buyer's plans to conduct tests so <br /> that Seller may be present during the tests. <br /> d. If the Property is physically altered because of Buyer's inspections, Buyer <br /> must return the Property to its preinspection condition promptly after the <br /> alteration occurs. <br />
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