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Res 2002-155
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Res 2002-155
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6/26/2006 4:51:32 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2002-155
Date
8/12/2002
Volume Book
148
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<br />202. <br /> <br />EARNEST MONEY CONTRACT <br /> <br />This Contract is made between the City of San Marcos, a Texas municipal corporation (the "Buyer" <br />and Mary Lou H. Froh (the "Seller"), an individual. <br /> <br />1. Purchase and Sale of Property. Seller agrees to sell and convey, and Buyer agrees to <br />purchase, the following real property (the "Property") under the terms and conditions of this <br />Contract: <br /> <br />All of Lots 69, 136, 137, 138, 139, 140, 141, and 142 of the Park Addition, First and <br />Second Division, according to the plat or map thereof recorded in Volume 54, Page <br />420 of the Hays County Deed Records, and the portions of Lots 132, 133, and 134 <br />of the Park Addition, First and Second Division, that have not been previously <br />acquired by the Buyer (depicted generally on the attached Exhibit A), <br /> <br />together with any improvements, fixtures and appurtenances on or to the Property. <br /> <br />2. Sales Price. The Sales Price shall be $115,000.00. The Sales Price includes the Earnest <br />Money, and is payable in full in cash at closing. <br /> <br />3. Earnest Monev. The Buyer will deposit with Hays County Abstract Company (the "Title <br />Company") the amount of$l,OOO.OO (the "Earnest Money") within five business days after <br />execution of this Contract by the Seller and the Buyer. If this transaction is consummated, <br />the Earnest Money will be credited against the Purchase Price at closing. If this transaction <br />is not consummated, the Earnest Money will be held and delivered by the Title Company in <br />accordance with this Contract. The Title Company will deposit the Earnest Money into an <br />account that bears interest, is federally insured, and has no early withdrawal penalty, at a <br />bank or savings and loan located in Hays County, Texas. <br /> <br />4. Condition of Property. Seller hereby makes the following representations to Buyer: <br /> <br />A. Seller to the best of its knowledge and belief has complied with all applicable laws, <br />ordinances, regulations, statutes, rules and restrictions relating to the Property, and Seller has <br />no knowledge of any contamination of the Property with hazardous materials or substances. <br /> <br />B. All trees and plants now growing on the Property will become the property of Buyer at <br />closing. Seller agrees not to cut or remove any such items from the Property after Seller's <br />execution of this Contract until and unless this Contract is terminated in accordance <br />herewith. <br /> <br />C. Seller will not enter into any leases, or grant any easements or other rights affecting the <br />Property after Seller's execution of this contract without Buyer's prior written consent. <br />
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