Res 2001-146 - Laserfiche WebLink

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201. RIGHT OF FIRST REFUSAL DATE: August 28 ,2001 OWNER: Robert Whyburn and Ann Mary Carney, 309 W. 3ih Street, Austin, TX 78705 CITY: City of San Marcos, 630 East Hopkins Street, San Marcos, Hays County, TX 78666 CONSIDERA nON: $10.00 and other good and valuable consideration, including the approval by the City's Planning and Zoning Commission of a permit for improvements to the Property under the City's San Marcos River Corridor ordinance provisions (San Marcos City Code Chapter 94, Article 4, as amended). PROPERTY: All of Lot 2 of the River Pub Subdivision, per the plat recorded in Volume 9, page 51 of the Hays County Plat Records. For the consideration, the Owner grants to the City the exclusive right to purchase the Property, with all improvements and appurtenances, for a period of thirty years, on the same terms and at the same price as any bona fide offer for the Property received by the Owner and which offer the Owner desires to accept. The Owner shall notify the City of each such offer received, and the City will have 20 days after receipt of the notice to notify the Owner of its intent to exercise the City's prior right to purchase the Property. Upon the City's provision of such notice, the parties shall execute an earnest money agreement within 20 days having the same terms as the bona fide offer, and closing on the purchase shall take place within 30 days after execution of the earnest money agreement, unless extended by mutual agreement of the parties. The City agrees in that if it purchases the Property by exercise of its rights under this agreement, the City will maintain the Property as open space and parkland (except to the extent the Property is already developed), and the City will name the Property the "Paul Rogers Park". Robert Whyburn City of San Marcos By: nager August 28, 2001 Date C\Corel\ WPDOCS\REALPROP\firsl refusal right doc