R-12-05-24-G2 - 5/24/2012 k
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RESOLUTION NO. R-12-05-24-G2
WHEREAS, the City desires to purchase approximately 7,886 square feet of land, located
behind the Main Street Grill, for a downtown public parking lot, and
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WHEREAS, Morris and Brown Investments, the owner of the Property, has agreed to sell said
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Property to the City,Now Therefore
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BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate
Contract with Morris and Brown Investments, for the purchase of the above described Property, a copy
of said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all
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purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and 3
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter e
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
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Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of May, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas ?
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ATTEST:
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SARA L. WHITE, City Clerk f
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0Awdox\SCC1nts\0112\1204\MUNICIPAL\00250160 DOC/rmc
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EXHIBIT
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REAL ESTATE CONTRACT
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This Real Estate Contract ("Contract") is entered into between MORRIS AND BROWN
INVESTMENTS, a Texas general partnership ("Seller"), and the CITY OF ROUND ROCK, a
Texas home-rule municipal corporation ("Buyer") upon the terms and conditions set forth as
follows:
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1. Purchase and Sale of Property 4
1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for,
approximately 7,886 square feet, more or less, of land located in Williamson County, Texas,
being more particularly described as follows:
The South 100 feet of Lot 14, and the South 75 feet of Lot 15, Block 22 of the
Original Town of Round Rock, Texas, as recorded in Cab. A, Slides 190— 191 of €
Williamson County, Texas; and
as shown on Exhibit A, attached hereto and incorporated herein. F"
1.02 This sale and purchase includes all rights and appurtenances pertaining to the
Property, including any right, title, or interest of Seller in adjacent streets, alleys, or rights-of-
way, together with any improvements, fixtures, and personal property situated on and attached to
the Property. G
1.03 The real property described above, and any rights or appurtenances are referred to
in this Contract as the"Property."
2. Sales Price
2.01 Amount of Sales Price. The sales price for the Property shall be the sum of TWO E
HUNDRED THOUSAND and NO/100 DOLLARS ($200,000.00)("Sales Price").
2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in
cash at the closing.
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3. Buyers Obligations `
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3.01 Conditions to Buyer's Obligations. The Buyer's obligations under this Contract
are subject to the satisfaction of each of the following conditions (any of which may be waived
in whole or in part by Buyer at or before the closing).
3.02 Preliminary Title Report. Within 30 days of the execution of this Contract, Seller,
at Seller's expense, will obtain from the Title Company a preliminary title report ("Title
Report"), accompanied by copies of all recorded documents relating to easements, rights-of-way,
etc., affecting the Property.
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(A) Buyer will give Seller written notice on or before the expiration of 10 days
after Buyer receives the Title Report that the condition of title as set forth in the Title Report is
or is not satisfactory.
(B) In the event that Buyer states that the condition is not satisfactory, Seller
will promptly undertake to eliminate or modify all unacceptable matters to the reasonable
satisfaction of Buyer. In the event the Seller is unable to so within 10 days after receipt of written
notice, this Contract will be terminated and the Escrow Deposit will be returned by the Title
Company to Buyer. Otherwise, this condition will be deemed acceptable and any objection by
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the Buyer will be deemed waived.
3.03 Survey. Within 30 days from the date of this Contract, Seller, at Seller's expense,
will obtain a current plat or survey of the Property, prepared by a licensed Texas land surveyor
selected by Seller.
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(A) The survey will be staked on the ground, and the plat will show the
location of all improvements, highways, streets, streets, roads, railroads, rivers, creeks, and other
water courses, fences, easements, and rights-of-way on or adjacent to the Property and will
contain the surveyor's certification that there are no encroachments on the Property and will set
forth the total acreage of the Property, together with a metes and bounds description.
(B) Buyer will have 10 days after receipt of the survey to review and approve
it. In the event any portion of the survey is unacceptable to Buyer, Buyer must, within the 10-day
period, give Seller written notice of this fact. Seller will promptly undertake to eliminate or
modify all unacceptable portions to the reasonable satisfaction of Buyer. In the event the Seller is
unable to so within 10 days after receipt of written notice, this Contract will be terminated and
the Escrow Deposit will be returned by the Title Company to Buyer. Buyer's failure to give
Seller this written notice will be deemed to be Buyer's acceptance of the survey.
3.04 Seller's Full Compliance. Seller will have complied with all of the covenants,
agreements, and conditions required by this Contract by the closing date.
4. Representations and Warranties of Seller
Seller represents and warrants to Buyer, as of the closing date, as follows:
4.01 There are no parties in possession of any portion of the Property as lessees,
tenants at sufferance, or trespassers.
4.02 There is no pending or threatened condemnation or similar proceeding or
assessment affecting the Property, or any part of it, nor to the best knowledge of Seller is any
such proceeding or assessment contemplated by any governmental authority.
4.03 Seller has complied with all applicable laws, ordinances, regulations, and
restrictions relating to the Property, or any part of it.
4.04 Seller is not aware of any material physical defects to the Property.
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4.05 Seller is not aware of any environmental hazards or conditions that affect the
Property.
4.06 Seller is not aware that the Property is or has ever been used for the storage or
disposal of hazardous materials or toxic waste, or any underground tanks or containers.
4.07 Seller is not aware that radon, asbestos insulation or fireproofing, urea
formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature
now exist or have ever existed on the Property. t
5. Closing
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5.01 Date and Location. The closing will be held at the office of Georgetown Title
Company ("Title Company"), located at 1717 N. Mays Street Round Rock Texas, on or before
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June 27, 2012 ("Closing Date"), or at a time, date, and place agreed on by Seller and Buyer. s
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5.02 Sellers Responsibilities at Closing. At the closing Seller will:
(A) Deliver to Buyer a properly executed and acknowledged General
Warranty Deed conveying marketable title in fee simple to all of the Property, free of all liens,
encumbrances, conditions, easements, assessments, and restrictions, except for the following:
(i) Any exceptions approved by Buyer in accordance with Section 3
of this Contract; and
(ii) Any exceptions approved by Buyer in writing.
(B) Deliver to Buyer a Texas Owner's Title Policy, at Seller's expense, issued
by the Title Company in Buyer's favor in the full amount of the Sales Price, insuring Buyer's fee
simple title to the Property subject to the title exceptions listed in herein, to any other exceptions
approved in writing by Buyer, and to those standard printed exceptions contained in the usual
form of Texas Owner's Title Policy, with the following exceptions:
(i) The boundary and survey exceptions will be deleted;
(ii) The exception as to restrictive covenants will be endorsed "None
of Record"; and
(iii) The exception as to the lien for taxes will be limited to the year of
closing and will be endorsed "Not Yet Due and Payable."
(C) Deliver to Buyer possession of the Property.
5.03 Buyer's Responsibilities at Closing. At the closing Buyer will pay Seller the Sales
Price.
5.04 Prorations. General real estate taxes for the current year relating to the Property,
interest on any existing indebtedness, rents, insurance, and utility charges, if any, will be
prorated as of the Closing Date and will be adjusted in cash at the closing. If the closing occurs
before the tax rate has been fixed for the current year, the apportionment of taxes will be on the
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basis of the tax rate for the preceding year applied to the latest assessed valuation. All special
taxes or assessments to the Closing Date will be paid by Seller. ;
5.05 Apportionment of Costs. All costs and expenses of closing in consummating the
sale and purchase of the Property will be paid as follows:
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(A) Owner's Title Policy paid by Seller.
(B) Survey paid by Seller.
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(C) Deed, tax certificates, and title curative matters, if any, paid by Seller.
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(D) All other closing costs to be paid by Buyer.
(E) Attorney's fees paid by each respectively.
6. Escrow Deposit
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6.01 Purpose and Amount. For the purpose of securing the performance of Buyer
under the terms of this Contract, Buyer has delivered to an authorized escrow agent of the Title
Company, the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) ("Escrow
Deposit"), which will be paid by the Title Company to Seller in the event Buyer breaches this
Contract as provided in Section 8 of this Contract.
6.02 Instructions at Closing. At the closing, the Escrow Deposit will be paid over to
Seller and applied to the sales price, provided however, that in the event the Buyer has given
written notice to the Title Company that one or more of the conditions to its obligations set forth
in Section 3 of this Contract have not been met, or, in the opinion of Buyer, cannot be satisfied,
as provided for in Section 3 of this Contract, then the Escrow Deposit will be immediately
returned by the Title Company to Buyer.
7. Breach by Seller
7.01 Buyer's Rights in the Event of Breach by Seller. If Seller fails to fully and timely
perform any of its obligations under this Contract or fails to consummate the sale of the Property
for any reason (except for Buyer's default), Buyer will have the right to:
(A) Enforce specific performance of this Contract;
(B) Request that the Escrow Deposit will be returned by the Title Company to
Buyer; or
(C) Bring suit for damages against Seller.
8. Breach by Buyer
8.01 Seller's Rights in the Event of Breach by Buyer. In the event Buyer fails to
consummate the purchase of the Property, and if Seller is not in default under this Contract,
Seller will have the right to:
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(A) Bring suit for damages against Buyer; or
(B) Retrieve the Escrow Deposit from the Title Company.
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8.02 Liquidated Damages. If the Seller exercises its right to receive the Escrow
Deposit in the event of breach by Buyer, Seller agrees to accept this cash payment as total
damages and as Seller's only remedy under this Contract in the event of Buyer's default.
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9. Miscellaneous Provisions
9.01 Assignment. This Contract is not assignable without the express written consent
of Seller. 6
9.02 Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the closing of the transactions contemplated by this Contract, will survive the
closing.
9.03 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to Seller or Buyer, as the case may be, at the address set forth in the
signature block below.
9.04 Texas Law to Apply. This Contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable in Williamson County, Texas.
9.05 Parties Bound. This Contract shall be binding upon and inure to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives, successors and
assigns where permitted by this Contract.
9.06 Legal Construction. In case any one or more of the provisions contained in this
Contract may for any reason be held to be invalid, illegal, or unenforceable in any respect, this
invalidity, illegality, or unenforceability will not affect any other provision hereof, and this
Contract will be construed as if the invalid, illegal, or unenforceable provision had never existed.
9.07 Prior Contracts Superseded. This Contract constitutes the sole and only agreement
of the parties and supersedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter of this Contract.
9.08 Time of Essence. Time is of the essence in this Contract.
9.09 Memorandum of Contract. Upon the request of either party, both parties will
promptly execute a memorandum of this Contract suitable for filing of record.
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9.10 Compliance. In accordance with the requirements of Section 20 of the Texas Real
Estate License Act, Buyer is advised that it should be furnished with or obtain a policy of title
insurance, or Buyer should have the abstract covering the Property examined by an attorney of z
Buyer's own selection.
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9.11 Effective Date. This Contract shall be effective as of the date it is approved by the
Round Rock City Council, which date is indicated beneath the Mayor's signature below.
9.12 Signature Warranty Clause. The signatories to this contract represent and warrant E
that they have the authority to execute this Contract on behalf of Seller and Buyer, respectively.
The parties are signing this Contract on the dates indicated.
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SELLER
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Brown and Morris Investments j
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By:
R.J. Mo 's, General Partner
Date: `7' 2D Z
BUYER
City of Round Rock,Texas
221 E. Main Street
Round Rock, TX 78664
By:
Alan McGraw, Mayor
Date:
Attest: For City, Approved as to Form:
Sara White, City Clerk Stephan L. Sheets, City Attorney
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'fROUND ROCK,TEXAS City Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERITY.
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Agenda Item No. G2. 7
Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Morris
Agenda Caption: and Brown Investments for a downtown public parking lot.
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Meeting Date: May 24, 2012
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Department: Finance
Staff Person making presentation: Cheryl Delaney I.
Finance Director
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Item Summary:
This tract of land is located immediately behind the Main Street Grill and currently serves as the employee parking
lot for the building located at the northeast corner of Main and Mays (Old Broom Factory Building).This tract will be
combined with a lot the City already owns and two others that need to be acquired to construct a large parking lot
containing approximately 50 spaces. This will have a significant positive impact on the downtown parking problem.
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Cost: $200,000.00
Source of Funds: General Self-Finance Construction
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Date of Public Hearing(if required): N/A
Recommended Action: Approval
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REAL ESTATE CONTRACT
This Real Estate Contract ("Contract") is entered into between MORRIS AND BROWN ;
INVESTMENTS, a Texas general partnership ("Seller"), and the CITY OF ROUND ROCK, a
Texas home-rule municipal corporation ("Buyer") upon the terms and conditions set forth as
follows:
1. Purchase and Sale of Property
1.01 Seller sells and agrees to convey, and Buyer purchases and agrees to pay for,
approximately 7,886 square feet, more or less, of land located in Williamson County, Texas,
being more particularly described as follows:
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The South 100 feet of Lot 14, and the South 75 feet of Lot 15, Block 22 of the
Original Town of Round Rock, Texas, as recorded in Cab. A, Slides 190— 191 of
Williamson County, Texas; and
as shown on Exhibit A, attached hereto and incorporated herein.
1.02 This sale and purchase includes all rights and appurtenances pertaining to the
Property, including any right, title, or interest of Seller in adjacent streets, alleys, or rights-of-
way, together with any improvements, fixtures, and personal property situated on and attached to
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the Property. f
1.03 The real property described above, and any rights or appurtenances are referred to
in this Contract as the"Property."
2. Sales Price
2.01 Amount of Sales Price. The sales price for the Property shall be the sum of TWO
HUNDRED THOUSAND and NO/100 DOLLARS ($200,000.00)("Sales Price").
- 2.02 Payment of Sales Price. The full amount of the Sales Price shall be payable in
cash at the closing.
3. Buyers Obligations
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3.01 Conditions to Buyer's Obligations.� The Buyer's obligations under this Contract
are subject to the satisfaction of each of the following conditions (any of which may be waived
in whole or in part by Buyer at or before the closing).
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3.02 Preliminary Title Report. Within 30 days of the execution of this Contract, Seller,
at Seller's expense, will obtain from the Title Company a preliminary title report ("Title
Report"), accompanied by copies of all recorded documents relating to easements, rights-of-way,
etc., affecting the Property.
00249910
(A) Buyer will give Seller written notice on or before the expiration of 10 days
after Buyer receives the Title Report that the condition of title as set forth in the Title Report is
or is not satisfactory.
(B) In the event that Buyer states that the condition is not satisfactory, Seller
will promptly undertake to eliminate or modify all unacceptable matters to the reasonable
satisfaction of Buyer. In the event the Seller is unable to so within 10 days after receipt of written
notice, this Contract will be terminated and the Escrow Deposit will be returned by the Title
Company to Buyer. Otherwise, this condition will be deemed acceptable and any objection by
the Buyer will be deemed waived.
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3.03 Survey. Within 30 days from the date of this Contract, Seller, at Seller's expense,
will obtain a current plat or survey of the Property, prepared by a licensed Texas land surveyor n
selected by Seller. '
(A) The survey will be staked on the ground, and the plat will show the
location of all improvements, highways, streets, streets, roads, railroads, rivers, creeks, and other
water courses, fences, easements, and rights-of-way on or adjacent to the Property and will
contain the surveyor's certification that there are no encroachments on the Property and will set
forth the total acreage of the Property, together with a metes and bounds description. l
(B) Buyer will have 10 days after receipt of the survey to review and approve 1
it. In the event any portion of the survey is unacceptable to Buyer, Buyer must, within the 10-day
period, give Seller written notice of this fact. Seller will promptly undertake to eliminate or
modify all unacceptable portions to the reasonable satisfaction of Buyer. In the event the Seller is
unable to so within 10 days after receipt of written notice, this Contract will be terminated and
the Escrow Deposit will be returned by the Title Company to Buyer. Buyer's failure to give
Seller this written notice will be deemed to be Buyer's acceptance of the survey.
3.04 Seller's Full Compliance. Seller will have complied with all of the covenants,
agreements, and conditions required by this Contract by the closing date.
4. Representations and Warranties of Seller
Seller represents and warrants to Buyer, as of the closing date, as follows:
4.01 There are no parties in possession of any portion of the Property as lessees,
tenants at sufferance, or trespassers.
4.02 There is no pending or threatened condemnation or similar proceeding or
assessment affecting the Property, or any part of it, nor to the best knowledge of Seller is any
such proceeding or assessment contemplated by any governmental authority.
4.03 Seller has complied with all applicable laws, ordinances, regulations, and
restrictions relating to the Property, or any part of it.
4.04 Seller is not aware of any material physical defects to the Property.
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4.05 Seller is not aware of any environmental hazards or conditions that affect the
Property.
4.06 Seller is not aware that the Property is or has ever been used for the storage or
disposal of hazardous materials or toxic waste, or any underground tanks or containers.
4.07 Seller is not aware that radon, asbestos insulation or fireproofing, urea
formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature
now exist or have ever existed on the Property.
5. Closing
5.01 Date and Location. The closing will be held at the office of Georgetown Title
Company ("Title Company"), located at 1717 N. Mays Street, Round Rock, Texas, on or before
June 27, 2012 ("Closing Date"), or at a time, date, and place agreed on by Seller and Buyer.
5.02 Sellers Responsibilities at Closing. At the closing Seller will:
(A) Deliver to Buyer a properly executed and acknowledged General 3
Warranty Deed conveying marketable title in fee simple to all of the Property, free of all liens,
encumbrances, conditions, easements, assessments, and restrictions, except for the following:
(i) Any exceptions approved by Buyer in accordance with Section 3
of this Contract; and
(ii) Any exceptions approved by Buyer in writing.
(B) Deliver to Buyer a Texas Owner's Title Policy, at Seller's expense, issued
by the Title Company in Buyer's favor in the full amount of the Sales Price, insuring Buyer's fee
simple title to the Property subject to the title exceptions listed in herein, to any other exceptions
approved in writing by Buyer, and to those standard printed exceptions contained in the usual
form of Texas Owner's Title Policy, with the following exceptions:
(i) The boundary and survey exceptions will be deleted;
(ii) The exception as to restrictive covenants will be endorsed "None
of Record"; and
(iii) The exception as to the lien for taxes will be limited to the year of
closing and will be endorsed"Not Yet Due and Payable."
(C) Deliver to Buyer possession of the Property.
5.03 Buyer's Responsibilities at Closing. At the closing Buyer will pay Seller the Sales
Price.
5.04 Prorations. General real estate taxes for the current year relating to the Property,
interest on any existing indebtedness, rents, insurance, and utility charges, if any, will be
prorated as of the Closing Date and will be adjusted in cash at the closing. If the closing occurs
before the tax rate has been fixed for the current year, the apportionment of taxes will be on the
3
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basis of the tax rate for the preceding year applied to the latest assessed valuation. All special
taxes or assessments to the Closing Date will be paid by Seller.
5.05 Apportionment of Costs. All costs and expenses of closing in consummating the
sale and purchase of the Property will be paid as follows: f
(A) Owner's Title Policy paid by Seller.
(B) Survey paid by Seller.
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(C) Deed, tax certificates, and title curative matters, if any,paid by Seller.
(D) All other closing costs to be paid by Buyer.
(E) Attorney's fees paid by each respectively.
6. Escrow Deposit
6.01 Purpose and Amount. For the purpose of securing the performance of Buyer
under the terms of this Contract, Buyer has delivered to an authorized escrow agent of the Title
Company, the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) ("Escrow
Deposit"), which will be paid by the Title Company to Seller in the event Buyer breaches this
Contract as provided in Section 8 of this Contract. R"
6.02 Instructions at Closing. At the closing, the Escrow Deposit will be paid over to
Seller and applied to the sales price, provided however, that in the event the Buyer has given
written notice to the Title Company that one or more of the conditions to its obligations set forth
in Section 3 of this Contract have not been met, or, in the opinion of Buyer, cannot be satisfied,
as provided for in Section 3 of this Contract, then the Escrow Deposit will be immediately
returned by the Title Company to Buyer.
7. Breach b Seller
7.01 Buyer's Rights in the Event of Breach by Seller. If Seller fails to fully and timely j
perform any of its obligations under this Contract or fails to consummate the sale of the Property i
for any reason (except for Buyer's default), Buyer will have the right to:
(A) Enforce specific performance of this Contract;
(B) Request that the Escrow Deposit will be returned by the Title Company to
Buyer; or
(C) Bring suit for damages against Seller.
8. Breach by Buyer
8.01 Seller's Rights in the Event of Breach by Buyer. In the event Buyer fails to
consummate the purchase of the Property, and if Seller is not in default under this Contract,
Seller will have the right to:
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(A) Bring suit for damages against Buyer; or
(B) Retrieve the Escrow Deposit from the Title Company.
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8.02 Liquidated Damages. If the Seller exercises its right to receive the Escrow
Deposit in the event of breach by Buyer, Seller agrees to accept this cash payment as total
damages and as Seller's only remedy under this Contract in the event of Buyer's default.
9. Miscellaneous Provisions
9.01 Assignment. This Contract is not assignable without the express written consent
of Seller.
9.02 Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the closing of the transactions contemplated by this Contract, will survive the
closing.
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9.03 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to Seller or Buyer, as the case may be, at the address set forth in the
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signature block below.
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9.04 Texas Law to Apply. This Contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable in Williamson County, Texas.
9.05 Parties Bound. This Contract shall be binding upon and inure to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives, successors and
assigns where permitted by this Contract.
9.06 Legal Construction. In case any one or more of the provisions contained in this
Contract may for any reason be held to be invalid, illegal, or unenforceable in any respect, this
invalidity, illegality, or unenforceability will not affect any other provision hereof, and this
Contract will be construed as if the invalid, illegal, or unenforceable provision had never existed.
9.07 Prior Contracts Superseded. This Contract constitutes the sole and only agreement
of the parties and supersedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter of this Contract.
9.08 Time of Essence. Time is of the essence in this Contract.
9.09 Memorandum of Contract. Upon the request of either party, both parties will
promptly execute a memorandum of this Contract suitable for filing of record.
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9.10 Compliance. In accordance with the requirements of Section 20 of the Texas Real
Estate License Act, Buyer is advised that it should be furnished with or obtain a policy of title
insurance, or Buyer should have the abstract covering the Property examined by an attorney of
Buyer's own selection.
9.11 Effective Date. This Contract shall be effective as of the date it is approved by the
Round Rock City Council, which date is indicated beneath the Mayor's signature below.
9.12 Signature Warranty Clause. The signatories to this contract represent and warrant
that they have the authority to execute this Contract on behalf of Seller and Buyer, respectively.
The parties are signing this Contract on the dates indicated.
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SELLER '
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Brown and Morris Investments x'
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By.
R.J. Mo s, General Partner
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Date: �2 �G' ZO 1 Z
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BUYER
City of Round Rock, Texas
221 E. Main Street
Round R ck, TX 78664
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By:
Alan McGraw, Mayor
Date: 7.
Attest: For ity,Approved as to Form:
Sara White, City Clerk Ste an L. Sheets, City Attorney
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