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R-86-919 - 9/25/1986RESOLUTION NO. /9/e WHEREAS, there is a proposed water contract. between the of Round Rock, Texas, a Home Rule City located in WHlicn County, Texas, hereinafter referred to as the "City ", nr7 Williamson County Municipal Utility District. No. 2, Wi1Jicmc County, Texas, a body politic and corporate and a yovernmen�..,1 agency of the State of Texas, created and operating pursuariti the provisions of Article XVI, Section 59 of the Texas Constitution, hereinafter referred to as the "District;" and WHEREAS, the City owns and operates • potable water SUrx:Diy system; and WHEREAS, the City has a supply of water not contracted vo others and available for the District's use; and WHEREAS, the City desires to and is authorized to provfdc water service outside its corporate limits; and WHEREAS. the District currently purchases treated water the City pursuant to the terms and conditions of that cerrau'ir Water Supply Contract dated February 12, 1976 between the and Brushy Bend Park, Inc., the District having acquired cerl <+'n rights and obligations under this contract, and the Di trict: anticipates that its water needs will substantially grow in t:.e foreseeable future and will exceed the amount of water sperific± in that contract; and WHEREAS, the District agrees to release the City from it o b l i g a t i o n s for water service under the aforementioned fir un;nry Bend Park Contract in favor of the herein proposed Dist, Contract; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND RO TEXAS ATTEST: NNE LAND, City Secretary DLW /.jmb Multi -mate Program Titled: MUD2 Rev. 9/23/86 Disk: Resolutions That the Mayor is hereby authorized and directed to execute on behalf of the City a Water Contract with said District, copy of said Contract being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of September, 1986. MIKE ROBINSON, Mayor City of Round Rock, Texas r *z .. 1 STATE OF TXAS COUNTY OF WILLIAMSON rrcpat2 KNOW ALL MEN BY THESE PRESENTS: AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 FOR THE SALE OF POTABLE WATER 9/9R This Agreement is entered into between the City of Round Rock, Texas, a Home Rule City located in Williamson County, Texas, hereinafter referred to as the "City ", and Williamson County Municipal Utility District No. 2, Williamson County, Texas, a body politic and corporate and a governmental agency of the State of Texas, created and operating pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution, hereinafter referred to as the "District." RECITALS WHEREAS, the City owns and operates a potable water supply system; and WHEREAS, the City has a supply of water not contracted to others and available for the District's use; and WHEREAS, the City desires to and is authorized to provide water service outside its corporate limits; and WHEREAS, the District currently purchases treated water from the City pursuant to the terms and conditions of that certain Water Supply Contract dated February 12, 1976 between the City and Brushy Bend Park, Inc., the District having acquired certain rights and obligations under this contract, and the District anticipates that its water needs will substantially grow in the foreseeable future and will exceed the amount of water specified in that contract. NOW, THEREFORE, for and in consideration of the mutual agreements, conditions, and covenants contained herein, the parties do hereby agree and contract as follows: ARTICLE I DEFINITIONS 1.1. "Agreement" means this contract. 1.2. "BRA Agreement" means that certain Water Supply Agreement Between Brazos River Authority and City of Round Rock dated January 24, 1985, as amended, that enables the City to withdraw water from Stillhouse Hollow Lake under certain conditions contained therein. 1.3. "Brushy Bend Park Agreement" means that certain Water Supply Contract entered into by the City and Brushy Bend Park, Inc. on February 12, 1976, as amended. 1.4. "Point(s) of Delivery" means the point(s) at which water passes through a meter and, thereafter, is owned and controlled by the District, its successors and assigns. 1.5. "Water" means, unless otherwise specifically indicated herein, potable water suitable for use for domestic and municipal purposes and meeting the requirements of the Texas Department of Health for public consumption. 1.6. "mgd average" means the number of million gallons per day averaged over a period of one year. 1.7. "mgd peak" means the mgd average multiplied by three. 1.8. "LUE" means Living Unit Equivalent which equals 480 gallons per day delivered. ARTICLE II Brushy Bend Park Agreement After the effective date of this Agreement the District shall no longer be entitled to receive, and the City shall no longer be obligated to supply, water pursuant to the Brushy Bend Park Agreement. Paragraphs 5.5, 5.6, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8 and 7.2 of the Brushy Bend Park Agreement shall continue in effect between the City and the District throughout the term of this Agreement, but all other rights and obligations of the District and the City, to each other, with respect to that agreement, shall terminate. Nothing herein shall alter the terms of the Brushy Bend Park Agreement as between the City and any party to that agreement other than the District. 2. ARTICLE III Section 3.1. Quantity Requirements. Beginning on the effective date of this Agreement, the City shall furnish to the District at the Point(s) of Delivery such quantities of water as may be required by the District, not to exceed 3 mgd average nor 9 mgd peak. Section 3.2. Charges. The charges by the City, to the District, for delivery of water pursuant to this Agreement, shall consist of the Prepayment Fee, the Base Water Service Fee, the Reserved Commitment Charge, the Surcharge and the Service Charge, all as more fully described hereafter. Section 3.3. Prepayment Fee. The Prepayment Fee shall be a contribution to the cost of the City's system, and shall be calculated for each connection by computing the present cash value of the difference between the rates that would be received by the City from the date of application to the City for said connection to August 1, 2006 for that connection assuming use of 12,000 gallons per month, at 1.25 times the lowest applicable in -City rate at the time of such request for that connection and such lowest applicable in -City rate multiplied by the City's out -of -city multiplier in effect at the time of such connection for customers of the same class as the District. The City's out -of -city multiplier at the time of this contract, for customers of the same class as the District, is 2.0. The City is in process of conducting a rate study, and this multiplier may be changed from time to time pursuant to this rate study or to other action by the City Council. The difference in rates shall be reduced to present cash value using the discount rate of 8.0 percent. This Prepayment Fee will be payable as set forth in Section 3.5. Section 3.4. Base Water Service Fee. The Base Water Service Fee shall be a contribution to the capital costs of raw water transmission and water treatment facilities required to provide the 3 . District's' service commitment and shall be equal to the City's current Base Water Service Fee per Living Unit Equivalent (LUE) on connections made on or after the effective date of this Agreement. This Base Water Service Fee will be payable as set forth in Section 3.5. Section 3.5. Payment of Prepayment Fee and Base Water Service Fee. The District shall pay to the City the Base Water Service Fee plus the appropriate Prepayment Fee per LUE for each connection that it makes on or after the date of this Agreement. Said payments will be due and payable at the same time that the District is due to pay the next monthly bill for the Service Charge that it receives after such connection is made. The number of LUE's for the residential uses shall be determined as follows: TYPE OF RESIDENTIAL UNIT NUMBER OF LUE'S Single Family Detached Duplex Tri -Plex- Four -Plex, and Multi - Family Hotel -Motel (Rooms Only) COMMERCIAL DEVELOPMENT For commercial uses which distinctly comply with one of the following development types, the LUE's of service shall be as follows: TYPE OF COMMERCIAL UNIT NUMBER OF LUE's Office 1 LUE /3000 Sq.Ft. of Floor space Office Warehouse 1 LUE /4000 Sq.Ft. of Floor space Retail; Shopping Center 1 LUE /1660 Sq.Ft. of Floor space Restaurant; Cafeteria 1 LUE /200 Sq.Ft. of Floor space Hospital (Includes Cafeteria) 3 LUE /Bed Rest Home (Includes Cafeteria) 1 LUE /Bed For facilities owned and operated by Public Schools, Counties, Fire Departments serving the public, and Churches, the number of LUE's shall be determined in accordance with the following formula: Building Area X 6 X Land Area in Acres = LUE's Land Area 4. 1.0 per unit 0.9 per unit 0.7 per unit 0.5 per unit OTHER COMMERCIAL USES For commercial uses which do not distinctly comply with any of the preceding development types, the number of LUE's of service shall be determined pursuant to certified engineers' data furnished to and approved by the City. The City is concerned that builders or others will acquire the right to connections from the District in advance of need in an effort to avoid paying any increase in the District's connection fees that may result from this Agreement. The District will therefore submit to the City a record of its connection fees up until the time of this agreement, for the preceding three years. If, in the judgment of the City, the connection fees between June 1, 1986 and the date of this agreement show a certain number of connection fees to be atypical and attributable to the pendancy of this Agreement, the District will pay to the City the Base Water Service Fee and Prepayment Fee for such number of atypical connections. If the District disagrees with the judgment of the City on this determination the matter shall be resolved by arbitration pursuant to the rules of the American Arbitration Association. ARTICLE IV Section 4.1. Rates. The rate charged by the City for water service to District pursuant to this Agreement shall be comprised of three components, the Service Charge, the Reserved Commitment Charge, and the Surcharge, which shall be separately stated on each bill to the District along with the calculations necessary to determine the amount of each charge. Section 4.2. Service Charge. The Service Charge shall be calculated on the basis of the amount of water actually delivered to the District by the City during the billing period. The Service Charge shall equal the City's then current lowest applicable inside -city rate for water service times 1.25. In the event that the District actually consumes more than 3 mgd daily average or a 9 mgd daily peak, the amount of water 5. consumed .in excess of these amounts shall be billed at the then current highest inside -city rate for water service times 1.25. The foregoing described payment for water taken in breach of this agreement shall not preclude the City from seeking any remedy it has at law or in equity as a result of said breach. Section 4.3. )reserved Commitment Charge. Prior to the Completion Year (as that term is defined in the BRA Agreement) the BRA Agreement requires the City to pay the BRA a certain rate for water which is committed under Paragraph 2 of the BRA Agreement and made available for diversion from Stillhouse pursuant to an Election Notice, which rate is hereinafter called the "Election Rate." Prior to the Completion Year the BRA Agreement requires the City to pay a certain rate for water which is committed under Paragraph 2 of the BRA Agreement but which is not yet made available for diversion pursuant to an Election Notice, which rate is hereafter called the "No Election Rate." Beginning with the Completion Year the BRA Agreement requires the City to pay a certain rate for all water committed to the City under the BRA Agreement, whether or not diverted or available for diversion, which is hereafter called the "Completion Rate." No later than December 1st of each year, the District by official action shall certify to the City the projected consumption of water for the next calendar year. The certified projected consumption shall be expressed as a mgd daily average. In no event shall the said projected consumption be less than either the projected or actual consumption, whichever is greater, of any preceding year. The Reserved Commitment Charge shall be paid on that portion of the 3 mgd daily average reserved herein that is not projected to be consumed for the next year. The Reserved Commitment Charge shall be charged the District at the same rate as the City is charged by the BRA. 6. The Reserved Commitment Charge for each calendar year shall be calculated by the City and a statement therefor sent to the District on or about December 31st of the preceding year. The Reserved Commitment Charge shall be paid in full by the District to the City no later than 30 days after receiving a bill therefor. In the event that the amount of water actually consumed by the District in a calendar year is less than the amount projected to be consumed in that year, the District shall pay for such unused water. Said unused water shall be billed at the Election Rate prior to the Completion Year and at the Completion Rate beginning with the completion Year and thereafter. The District shall pay the City for such unused water no later than 30 days after receiving a bill therefor. Section 4.4. Surcharge. If the amount of water delivered by the City to the District during any year is less than the amount of water delivered during any preceding year, the District shall pay a surcharge for such difference, instead of the Reserved Commitment Charge on such unused water. Prior to the Completion Year the surcharge shall equal the difference in the amounts of water delivered during the year in question, and during said preceding year times the Election Rate. After the Completion Year the surcharge shall equal the difference in the amounts of water delivered in the year in question, and during said preceding year, times the Completion Rate. The surcharge for each calendar year shall be calculated by the City on an annual basis prior to January 31st of the succeeding year based upon the District's actual consumption for the year in question and the said preceding year. The surcharge shall be billed to the District and paid in full no later than 30 days after the District receives the bill for said surcharge. ARTICLE V OTHER RIGHTS AND OBLIGATIONS OF THE CITY Section 5.1. Limitation of Obligation to Sell Water. The 7. District specifically agrees that the supply of Water to the District may be reasonably limited by the City on the same basis and to the same extent as the supply of Water to comparable customers within the City. The District shall require compliance with the City's water conservation ordinances, as amended from time to time. Section 5.2. Metering Equipment. The District, at its sole expense, shall install at the Point(s) of Delivery the necessary metering equipment and required devices of standard type to properly measure the quantity of water delivered to the District. The City, at its sole expense, shall install at any point where water passes from facilities owned by the District to other facilities, to be delivered to other customers of the City, the necessary metering equipment and required devices of standard type to properly measure the quantity of water delivered from the District's facilities to such other customers. Thereafter, the District shall calibrate the metering equipment at the Point(s) of Delivery at a reasonable time after a request to do so by the City but not less frequently than once every twelve (12) months. The District shall notify the City at least three (3) days prior to any such calibrations and the City shall have the right to have a representative present during such calibrations. The City shall calibrate the metering equipment at the point where water passes from the District's facilities to other customers of the City, at a reasonable time after a request to do so by the District but not less frequently then once every twelve (12) months. The City shall notify the District at least three (3) days prior to any such calibrations, and the District shall have the right to have a representative present during such calibration. A meter registering not more than three percent (3 %) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate and the statement of charges for water delivered to or from the District shall be corrected for the 8. three. ( -3)' months previous to such test in accordance with the percentage of inaccuracy found by such test. If the meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless the City and the District shall agree upon a different amount. The metering equipment register shall be read on or about the first day of each month during normal business hours. Section 5.3. Consumption Record. The City shall keep accurate records of all readings from the meters installed pursuant to Section 5.2. above. These records shall be subject to inspection by the District at reasonable times and places. Section 5.4. Billing and Deposits. The District shall be billed, and payments shall be due as required by the City's policies for its other customers. The District shall make an advance deposit in an amount equal to one and one -half (1 1/2) times its average monthly charges under this Agreement for the previous 12 month period, which sum is considered to be reasonably adequate to secure the District's future monthly water charges. If the amount of such deposit is less than one and one -half times the District's average monthly charge under this Agreement during the previous 12 month period and upon request by the City, the District shall deposit any additional amount of money required to comply with the terms of this Section. Section 5.5. Point(s) of Delivery. The initial Point(s) of Delivery will be those Points of Delivery currently in existence on the effective date of this Agreement and which are at the discharge side of the meters installed by the District pursuant to Section 5.2 above on the existing City Water System. Additional Point(s) of Delivery may be constructed at a later date by mutual consent of the parties. Upon passing through the meter at the Point(s) of Delivery, the water becomes the property of the District, its 9 . successors and assigns, except for pass- through City water as described in Section 5.2. Section 5.6. Issuance of District Bonds. The City acknowledges and agrees that any bonds issued by the District may be secured by a pledge of the net revenues from the operation of the District's water system. Section 5.7. Contracts With Other Customers. The City reserves the right to contract with other persons, natural or corporate, private or public, and to perform services similar to those performed under this Agreement as well as other services; however, to the extent allowed by law, the City shall make no other contract for service to such other persons or entities within the District's boundaries and the City shall make no other contract for service which may impair its ability to deliver the quantity and quality of water to the District which is specified in this Agreement. ARTICLE VI OTHER RIGHTS AND OBLIGATIONS OF THE DISTRICT Section 6.1. Payment of Rate Charge. Upon receipt of the itemized statement of the amount of water determined to be delivered to the District, and the charges therefor, the District shall pay the amount due on or before the due date listed. If the District disputes the amount of water stated to have been consumed or the charges therefor, it shall pay the charges due and seek relief in any legal manner available to it, including the remedy of recalibration under this Agreement. In the event that the quantity stated, or the charges therefor, are found to be in error, any overages shall be credited to future billing statements by the City. Section 6.2. Resale of Water. The District is expressly authorized to resell the water delivered hereunder to retail customers, who may be residential or commercial users. Provided, however, that with the exception of deliveries to the Williamson County Water Company pursuant to the Brushy Bend Park Agreement, 10. the ,District shall not sell_ or deliver water to any party outside the District's current boundaries without prior approval of the City. Section 6.3. Relinquishment of Capacity. If the District desires to relinquish all or part of its commitment under this Agreement, whether by reason of obtaining a supply of water from another source or for any other reason, it may do so, and, subject to the conditions hereinafter set forth, the District shall be relieved of its pro rata portion of the Reserved Commitment Charge and the Surcharge attributable to such relinquished commitment. The condition for release of the District from the Reserved Commitment Charge and Surcharge for such released commitment shall be the City obtaining another customer, through the efforts of the District, who shall obtain from the City a new or additional commitment equal to all or part of the commitments relinquished by the District. The District shall then be released from its obligation to pay the Reserved Commitment Charge and Surcharge for such part of the relinquished commitment that is taken by the new customer or added by an existing customer. The District may continue to exert its efforts to cause the City to obtain a new customer, or an additional commitment from an existing customer, and the District shall be similarly released from the corresponding Reserved Commitment Charge and Surcharge, until the commitments obtained by new customers or additions by existing customers equal or exceed the commitment relinquished by the District. ARTICLE VII TERM OF AGREEMENT The term of this Contract shall be for a period of twenty (20) years from the date it becomes effective. ARTICLE VIII FORCE MAJEURE The City shall not be liable to the District or any user of the District for the failure of the City to provide water service where 11. the ,failure results from force majeure." The terms "force majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, or explosions. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the City and that the requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the City. ARTICLE IX MISCELLANEOUS PROVISIONS Section 9.1. Audit Requirements. The District is required by the Texas Water Code to have its accounts and records audited annually by a certified public accountant. The District agrees to instruct the certified public accountant conducting this audit to audit the District's compliance with its duties to the City of Round Rock under this contract, and to furnish that part of the audit to the City annually. Section 9.2. Waiver. No failure on the part of either party to this contract to require the performance by the other party of any portion of this Contract shall in any way affect either party's right to enforce such provision, nor shall any waiver by either party be taken or held to be a waiver of any other provisions. No rights under this Agreement may be waived and no modification or amendment to this Agreement may be made except by written amendment executed by the parties. 12. Section 9.3. Regulatory Agencies. This Agreement shall be subject to all valid rules, regulations, and laws applicable thereto, passed or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction. The District and the City shall comply with all applicable statues, rules and regulations as may now exist or as may be promulgated by the State of Texas and its administrative agencies and the United States of America and its administrative agencies. Section 9.4. Headings. All headings in this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way the express terms and provisions hereof. Section 9.5. Indemnification. The District agrees to indemnify and hold the City harmless from any claims which are made against the City which arise as a result of the District's negligence in the operation of the District's Water System. Likewise, the City agrees to indemnif which are made aga City's negligence in Section 9.6. d this Agreement, an advice (herein sev "Notice ") herein p accepted by either given or be served postpaid and regis be notified, with same to an office appropriate, addre deposited in the m conclusively deemed this Agreement, fr and hold the District harmless from any claims nst the District which arise as a result of the the operations of the City's Water System. resses and Notice. Unless otherwise provided in notice, communication, request, reply, or rally and collectively, for convenience, called ovided or permitted to be given, made or arty to the other must be in writing and may be y depositing the same in the United States mail ered or certified and addressed to the party to return receipt requested, or by delivering the of such party, or by prepaid telegram, when sed to the party to be notified. Notice it in the manner hereinabove described shall be to be effective, unless otherwise stated in m and after the expiration of four (4) days 13. after, it Is so deposited. Notice given in'any other manner shall be effective only if and when received by the party to be notified. For the purpose of Notice, the addresses of the parties shall, until changed as herienafter provided, be as follows: If to City, to: City of Round Rock 214 East Main Street Round Rock, Texas 78664 If to District, to: Williamson County Municipal Utility District No. 2 3737 Hairy Man Road Round Rock, Texas 78681 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify as its address any other address by at least fifteen (15) days' written notice to the other party. Section 9.7. Severabilitv. Except as set forth hereafter, the provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected thereby. Notwithstanding the foregoing paragraph, if any provision in Article III or Article IV of this Agreement pertaining to fees or charges shall ever be held by any court or agency of competent jurisdiction to be invalid or unconstitutional for any reason, all of the remaining fees and charges shall be null and void, the fees and charges for the delivery of water pursuant to this Agreement shall be renegotiated. Section 9.8. Modification. This Agreement shall not be subject to change or modification without the express written mutual consent of the governing bodies of each of the parties hereto. Section 9.9. District Authorization. This Agreement and all of 14. its provisions have been authorized, approved and entered into by the District by virtue of action taken by the Board of Directors pursuant to law and has been executed by its President, and attested by its Secretary, upon and by authority of a resolution passed at meeting of the Board of Directors held on the 7 day of J O to n bed, 1986. Section 9.10. City Authorization. This Agreement and all of its provisions have been authorized, approved and entered into by the City by virtue of action taken by the City Council pursuant to law and has been executed by its Mayor, and attested by its Secretary, upon and by authority of a resolution passed at e�6 a meeting of the „C.J� Round Rock City Council held on the day 7 ' of, , 9I 8 w a Q The effective date of this Agreement is 1�f oc� oeer , 1986. THE CITY OF ROUND ROCK, TEXAS 214 East Main Street Round Rock, Texas 78664 e ilWAk / 14i .L By: VU 4 J .nne Land, City Secretary MAYOR (. eal) ATTEST ATTEST: Secretary (Seal) 15. PRESIDENT .s WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 3737 Hairy Man Road Round Rock, Texas 786 By: /N(Z/ /!V(%'V 212 September 25, 1986 Councilman King Councilman Correa Councilman Jean Councilman Culpepper Councilwoman Lee Mayor Robinson Noes: None ACTION: The motion carried unanimously. 13C. Consider a resolution authorizing the Mayor to enter into a water contract with M.U.D. #2. In their Monday evening meeting the M.U.D. #2 Board ratified the contract. Revisions since City approval on August 28th were highlighted for Council review. Subcommittee and staff concur in the revisions and recommend approval. RESOLUTION N0. WHEREAS, there is a proposed water contract between the City of Round Rock, Texas, a Home Rule City located in Williamson County, Texas, hereinafter referred to as the "City ", and Williamson County Municipal Utility District No. 2, Williamson County, Texas, a body politic and corporate and a governmental agency of the State of Texas, created and operating pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution, hereinafter referred to as the "District "; and WHEREAS, the City owns and operates a potable water supply system; and WHEREAS, the City desires to and is authorized to provide water service outside its corporate limits; and WHEREAS, the District currently purchases treated water form the City pursuant to the terms and conditions of that certain Water Supply Contract dated February 12, 1976 between the City and Brushy Bend Park, Inc., the District having acquired certain rights and obligations under this contract, and the District anticipates that its water needs will substantially grow in the foreseeable future and will exceed the amount of water specified in that contract; and WHEREAS, the District agrees to release the City from it's obligations for water service under the aforementioned Brushy Bend Park Contract in favor of the herein proposed District Water Contract; Now Therefore 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 Water Contract with said District, a copy of said Contract being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of September, 1986. ATTEST: MIKE ROBINSON, Mayor City of Round Rock, Texas JOANNE LAND, City Secretary Clay Thornton representing the Doyle Wilson Company said they were in full support of the water contract which would assure water for current and future development. His company has 83 lots ready for construction; he asked that the lots be "grandfathered in." They also have contracts on slx homes and requested the same. Thornton was asked to leave a copy of the contracts with staff for consideration. (14) September 25, 1986 MOTION: Councilman Heiligenstein moved to adopt the resolution. Councilman Jean seconded the motion. VOTE: Ayes: Councilman Heiligenstein Councilman King Councilman Correa Councilman Jean Councilman Culpepper Councilwoman Lee Mayor Robinson Noes: None ACTION: The motion carried unanimously. 130. Consider a resolution authorizing the Mayor to enter into a land lease agreement with MKT Railroad. This land lease is necessary in order to provide access to a proposed booster pump station. ATTEST: RESOLUTION NO. WHEREAS, The City of Round Rock has a booster pump station location which requires access across Missouri- Kansas -Texas Railroad Company ("M.K.T.") property and WHEREAS, The City of Round Rock and M.K.T. have negotiated a lease for an access road to said booster pump station; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK. TEXAS That, the Mayor be and is hereby authorized and directed to execute a lease with M.K.T., a copy of said lease being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of September, 1986. MIKE ROBINSON, Mayor City of Round Rock, Texas JOANNE LAND, City Secretary MOTION: Councilman Culpepper moved to adopt the resolution. Councilman King seconded the motion. VOTE: Ayes: Councilman Heiligenstein Councilman King Councilman Correa Councilman Jean Councilman Culpepper Councilwoman Lee Mayor Robinson Noes: None ACTION: The motion carried unanimously. 115) 213 ORDINANCE NO. 272 AN ORDINANCE APPROVING A WATER SUPPLY CONTRACT TO SELL CITY WATER TO BRUSHY BEND PARK, INC.; AUTHORIZING AND ORDERING THE MAYOR TO EXECUTE SAID WATER SUPPLY CONTRACT ON BEHALF OF THE CITY OF ROUND ROCK, TEXAS; PROVIDING FOR SAVINGS CLAUSE; PROVIDING THAT ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT WITH SAID WATER SUPPLY CONTRACT OR THIS ORDINANCE ARE EXPRESSLY REPEALED. WHEREAS, the City Council of the City of Round Rock, Texas, adopted Ordinance No. 269 on January 8, 1976, and Ordinance No. 271 on January 15, 1976, which said ordinances established conditions for the City to provide water and sewer services in areas outside the city limits of the City of Round Rock, Texas; and WHEREAS, Brushy Bend Park, Inc. has submitted a proposed Water Supply Contract to the City, a copy of which has been marked Exhibit "A" and is attached hereto and made a part hereof for all purposes, and has requested that the City of Round Rock, Texas, sell water to Brushy Bend Park, Inc. under the terms and provisions of said Water Supply Contract; and WHEREAS, the City has examined said Water Supply Contract and the provisions thereof and in all respects deems it to be in the best interest of the City of Round Rock, Texas, and its future growth to execute and enter into said Contract with Brushy Bend Park, Inc.; NOW, THEREFORE, be it ordained by the City Council of the City of Round Rock, Texas, as follows: Sec. 1. The City Council of the City of Round Rock, Texas, hereby approves in full the Water Supply Contract submitted to the City by Brushy Bend Park, Inc., a copy of which is marked Exhibit "A" and is attached hereto and made a part hereof for all purposes. Sec. 2. The Mayor is hereby authorized and ordered to execute said Water Supply Contract on behalf of the City of Round Rock, Texas, and that said Contract shall be effective immediately upon the execution thereof by the Mayor. Sec. 3. It is hereby declared to be the intention of the City Council of the City of Round Rock, Texas, that all sub - sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any of them shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sub - sections, paragraphs, sentences, clauses, and phrases of this ordinance, since the same would have been enacted by the City Council of the City of Round Rock, Texas, without the incorporation of this ordinance of any unconstitutional or invalid sub - sections, paragraphs, sentences, clauses, or phrases. Sec. 4. All ordinances, resolutions, or orders heretofore enacted, passed, or adopted by the governing body of the City of Round Rock, Texas, or parts thereof, in conflict with said Water Supply Contract or this ordinance, are hereby repealed to the extent of such conflict. READ, PASSED, AND ADOPTED this 71-day of February, 1976. 7 ATTEST: riffAA) RAY LJXTON, Mayor City of Round Rock, Texas STATE OF TEXAS X COUNTY OF WILLIAMSON X WATER SUPPLY CONTRACT "Exhibit Au Whereas, the City of Round Rock, Texas, hereinafter called "City ", owns and operates a potable water supply system, hereinafter called "System "; and, Whereas, City adopted Ordinance No. 269 on January 8, 1976, and No. 271 on January 15, 1976, which ordinances established conditions for the City to provide water and sewer service in areas outside the City limits; and, Whereas, Brushy Bend Park, Inc., hereinafter called "Purchaser ", desires to purchase water from City; and, Whereas, the City finds that it can sell water to Pur- chaser for residential and commercial purposes outside the City without impairing services within the City; and, Whereas, a part of City's system is an existing 8 -inch water line which terminates at Point "A" on Exhibit No. 1, attached hereto, which Exhibit is incorporated herein for all purposes; and, Whereas purchaser desires to make a connection to City's system at Point "A" and receive water from City at that point to serve existing and future subdivisions which are situated outside the corporate limits of City; NOW, THEREFORE, the parties hereto do agree and contract as follows: 2 "Exhibit A" 'Cont. I. DEFINITIONS 1.1. Acceptance. "Acceptance" means a written ack- nowledgment by the City that the Purchaser has met all terms and conditions of this Contract and all appropriate City ordinances. 1.2. Construction Costs. "Construction Costs" means all costs relating to the installation of a water line, including, but not limited to the costs associated with the preliminary planning, detailed planning, engineering fees, legal fees, construction contract amounts, and any inspections required prior to acceptance. 1.3. Existing Subdivision. "Existing Subdivision" means any subdivision whose plat had been filed with the County Clerk on or before January 8, 1976. 1.4. General Benefit Line. "General Benefit Line" means a line sized with sufficient capacity to serve an area in addition to that which is proposed to be served by Purchaser. 1.5. Local Benefit Line. "Local Benefit Line" means a line sized with capacity only for the area to be served by Purchaser, but does not include service lines. 1.6. New Subdivision. "New Subdivision" means any subdivision whose plat was not on file with the County Clerk on or before January 8, 1976. 1.7. Point of Delivery. "Point of Delivery" means the point at which water passes through a meter and, thereafter, is owned and controlled by Purchaser, his successors or assigns. 3 "Exhibit A" Cont. 1.8. Trunk Line. "Trunk Line" means a Water Line which extends from a Point of Delivery to a tract of land to be developed. A Trunk Line can be either a General Benefit or a Local Benefit Line. 1.9. Water Line. A "Water Line" is any line which is connected either directly or indirectly to City's system. A Water Line includes Local Benefit Lines, General Benefit Lines, and Trunk Lines, but does not include service lines. II. LOCATION OF WATER LINES 2.1. Utility Easements. All Water Lines shall be installed only in publicly dedicated streets, alleys, utility easements, or other public right -of ways which are suitable for the construction, maintenance, and inspection of the lines. All such easements shall be furnished at the sole cost of Purchaser, his successors or assigns. III. QUALITY AND TREATMENT 3.1. Local, State, and Federal Standards. The City shall furnish potable water at the Point of Delivery which has been treated by chlorination and such other treatment as may in the future be directed by the City of Round Rock in order to meet the applicable potable water quality standards of the Texas Department of Health Resources, the Environmental Protection Agency, or any other local, state, or federal agency which has jurisdiction to establish such standards. 4 "Exhibit A" cont. IV. QUANTITY, MEASUREMENT AND BILLING 4.1. Supply. City agrees to furnish to Purchaser at Point of Delivery such quantities of water as may be required by Purchaser, not to exceed 3.04 million gallons per day peak flow, such quantity being the design capacity of a 12- inch line. 4.2. Supplemental Supply. The City acknowledges that the present dependable yield of its system is limited. City, therefore, agrees to take all reasonable steps to obtain a supplemental supply of water, if necessary, in order to meet the water supply needs of City and to meet the obligations of this Contract. 4.3. Metering Equipment. Purchaser, at his sole expense, shall install at the Point of Delivery the necessary metering equipment and required devices of standard type to properly measure the quantity of water delivered to Purchaser. Thereafter, City shall calibrate such metering equipment at a reasonable time after a request to do so by the Purchaser. but not less frequently than once every twelve (12) months. A meter registering not more than three percent (3 %) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such test. If the meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered V. CONDITIONS OF SERVICE 5 "Exhibit A" Cont. in the corresponding period immediately prior to the failure, unless the City and the Purchaser shall agree upon a different amount. The metering equipment register shall be read on or about the first day of each month. 4.4. Billing Procedure. On or before the .15th day of each month, City will submit to Purchaser an itemized statement of the amount of water determined to be consumed by Purchaser at the Point of Delivery during the preceding month and a statement of the charges therefor. The statement shall contain a due date, which date shall not be before the 15th day of the following month. If payment is not received by the City by the due date, the statement shall be deemed delinquent. The City shall notify the purchaser in writing when any such payment has become delinquent, and if such delinquency is not removed within thirty (30) days after receiving such written notice, the City, at its discretion, may cease supplying water to the Purchaser under the terms of this agreement. After water has ceased to be supplied, the City, at its discretion, may notify the Purchaser of its intention to declare this Contract forfeited and null and void. Upon such notice, Purchaser shall have thirty (30) days to pay all delinquent charges and penalties in order to reinstate water supply prior to final action by the City in declaring this Contract forfeited and null and void. 5.1. Rates. Purchaser shall pay City for the water 6 "Exhibit A" Cont. delivered under this Contract in accordance with the outside city limits bulk rates, hereinafter called "OCL Bulk Rates ", which rates shall be established by ordinance of the City. Provided, however, such rates to be supplied under this Contract shall never exceed 1.25 times the lowest inside city limits rate, hereinafter called "ICL Rate ", per thousand gallons of water delivered to a single residential customer. 5.2. Advance Deposit. Purchaser shall make an advance deposit in the amount of Five Hundred and No /100 ($500.00) Dollars, which sum is considered to be reasonably adequate to secure Purchaser's future monthly water charges. This deposit shall be collected and held by the City for the term of this agreement and will not accrue interest in favor of the Purchaser during the time in which it is retained by the City. 5.3. Purchaser's Delivery of Water. Purchaser is expressly authorized to resell the water delivered hereunder both to retail customers and to wholesale customers and such retail or wholesale customer may be a residential, commercial, or industrial user. Provided, however, that Purchaser shall not deliver water to any New Subdivision unless such sub- division is served by a sanitary sewerage system. It is understood and agreed by both parties hereto that any tract of land of 5.0 acres or more is not considered a subdivision for these purposes and a single family residence located thereon may be served with water hereunder whether or not the tract has a septic tank system as a means of waste 7 "Exhibit A " Cont. disposal so long as the tract is not subdivided and so long as the land use continues to be a single family residence. Purchaser agrees to place this restriction in any water sales agreement between Purchaser and the owner of such tracts. 5.4. Customer Meters. Purchaser shall install, or require to be installed, a separate water service for each individual lot or tract of land which is served with water under this Contract, and Purchaser shall meter each service in accordance with the then - existing policy of the City. 5.5. Inspection of System. Purchaser shall permit personnel of the City to conduct periodic inspections of the Purchaser's system and permit meter reading personnel of the City to conduct periodic readings of Purchaser's meters if such readings are deemed necessary by the City. Purchaser shall have the right to accompany City on any such inspection. 5.6. Sanitary Control Agreement. Purchaser shall permit personnel of City to enter upon the property of any and all of Purchaser's retail or wholesale customers which are served by water from City, for the purpose of inspecting any and all connections made by such customers to Purchaser's water lines. Should the City have reasonable grounds to believe that any condition exists which might result in contamination of City's water supply, or jeopardize City's certification by the State Department of Health Resources, then City shall notify Purchaser and Purchaser shall immedi- ately correct any such condition. In the event Purchaser 8 "Exhibit A" Cont. fails to correct such condition within ten (10) days, the City, at its sole discretion, may cease delivering water under this Contract until such condition is corrected to the satisfaction of City. Nothing herein shall be construed to impose upon the City the duty and obligation to make any inspection or to regulate the quality of water beyond City's metering points to Purchaser. The Purchaser shall be solely responsible for the operation, maintenance, regulation, and employment of all facilities beyond the metering points, and the regulation of the use of all water received by it at the metering points. In the alternative, and at its sole option, City may enter the property of Purchaser or Purchaser's customers and fix any condition described above. In the event City exercises this option, all costs associated with such remedial action will be included on the following month's statement to Purchaser. 5.7. Operation of Purchaser's System. Purchaser agrees to operate its system, and to require any customers of Purchaser to operate their system, in accordance with all applicable regulations of the City, the Texas Department of Health Resources, and the Federal Environmental Protection Agency. 5.8. Quality of Water Beyond Point of Delivery. Purchaser agrees to maintain the quality of water beyond the Point of Delivery and provide necessary chlorination or other treatment so as to maintain the quality of water throughout Purchaser's service area, and Purchaser agrees to 9 "Exhibit A" 'Cont. submit samples of such water in accordance with the re- quirements of the Texas Department of Health Resources. VI. DESIGN AND CONSTRUCTION 6.1. Connection to System. City authorizes Purchaser to connect a 12 -inch Trunk Line to City's system at the Point of Delivery. The initial Point of Delivery is the discharge side of a meter to be installed by Purchaser on the end of the existing City system on Sam Bass Road and located at Point "A" on Exhibit No. 1. Initially, the Trunk Line will run in a generally northwesterly direction from Point "A" to Point "B" in order to provide service to an Existing Subdivision known as Brushy Bend Park. 6.2. Sizing. All water lines and appurtenances thereto shall be sized to serve the ultimate requirements of the City, as determined by City's consulting engineers. 6.3. Plans and Specifications. Prior to any con- struction of any water lines, Purchaser shall furnish City, at Purchaser's cost, the plans and specifications of the system. Such plans and specifications shall be in accordance with the applicable design criteria. 6.4. Inspection and Notice of Construction. It shall be the duty of Purchaser and his engineer to inspect the system during construction to guarantee construction in accordance with the plans and specifications. Purchaser shall notify City in writing 48 hours prior to commencement of construction, and shall give the location of, and the date of the start of construction. 10 "Exhibit A" Cont. 6.5. Completion Certificates. Purchaser shall provide City with contract completion certificates within thirty (30) days after completion of construction. 6.6. As -Built Drawings. Purchaser shall furnish City with a set of as -built drawings within thirty (30) days after completion of construction. The as -built drawings shall include both a blue line print and a sepia. 6.7. Acceptance. For those lines which must be dedicated to City, acceptance of such lines will not take place until after the system has been approved by City's engineers. 6.8. Affidavits. Purchaser shall provide City payment and receipt affidavits within thirty (30) days following completion of the work by Purchaser. 6.9. Bidding and Award. The City understands that Purchaser may supply water under this Contract to areas which are or may be located within special districts auth- orized by Article 16, Section 59, of the Texas Constitution. Therefore, Purchaser may follow all applicable requirements concerning the bidding and awarding of construction contracts which have been established by the Texas Water Rights Com- mission for construction of such systems, and City agrees that Purchaser may do so. VII. SPECIAL CONDITIONS 7.1. Refunds and Credits. In the event City requires Purchaser to construct a General Benefit Line, and such line 11 "Exhibit A" Cont.' is larger than eight (8) inches, the City shall enter into a contract with Purchaser for reimbursement of the construction costs for the excess capacity for other users. The contract shall provide that other users of the excess capacity shall pay City a tap fee on a pro -rata basis, as provided by City ordinance. Reimbursement to Purchaser under such contract shall be made only from such tap fees. 7.2. Review and Approval of Plats. City shall have the right to review and approve all plats and plans of sub- divisions which will receive water directly or indirectly as a result of this Contract. 7.3. Assignment. Purchaser has the right to assign this Contract, in whole or in part, to a public entity or to a private utility company. In the event of such an assignment, Purchaser agrees to bind his assignee to all terms and conditions of this Contract. Additionally, Purchaser agrees to notify City when such assignment has taken place. 7.4. Purchaser's Duty to Enlarge City's System. Purchaser understands and acknowledges that a portion of City's system extending to the Point of Delivery designated as Point "A" on Exhibit No. 1 is an 8 -inch line. Purchaser agrees to pay, at Purchaser's sole expense, all construction costs necessary to increase the capacity of City's system from Point "A" to City's corporate boundary at such time as the existing 8 -inch line has insufficient capacity to provide the requirements of Purchaser. 7.5. Indemnification. Purchaser agrees to indemnify 12 "Exhibit A" Cont. and hold City harmless from any claims which are made against City which arise as a result of Purchaser's negligence in the operation of Purchaser's water system. VIII. GENERAL CONDITIONS. 8.1. Term. The term of this Contract shall be a period of forty (40) years from the date of its execution. If, at the end of the term of this Contract, City elects not to renew this agreement, City shall not terminate service until Purchaser has had a reasonable time, which shall be a period not less than eighteen (18) months, in which to procure alternate service. 8.2. City Use of Purchaser's System. In the event City requires Purchaser to construct a General Benefit Line in order to provide excess capacity, City may withdraw water from Purchaser's system in an amount not to exceed the difference between the capacity which would have been required for a Local Benefit Line and the capacity of the General Benefit Line. Additionally, City may withdraw water from any portion of Purchaser's system when the capacity of that par- ticular portion of Purchaser's system has been supplemented and replaced by extensions, alterations, or improvements to City's system. 8.3. Force Majeure. In case, by reason of force majeure, either party hereto shall be rendered unable to carry out its obligations, fully or in part, under this agreement, other than the obligation of the Purchaser to 13 "Exhibit A " Cont. make the payment required under the terms hereof, then, if such party shall give notice and full particulars of each force majeure in writing to the other party within a rea- sonable time after occurence.of the event of cause relied on, the obligation of the party filing such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" as employed herein shall mean, but without limitation, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, war, orders of any kind of the government of the United States, or the State of Texas, or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or or accidents to machi- nery, pipelines or canals, partial or entire failure of water supply and inability on the part of the City to deliver water hereunder, or of the Purchaser to receive water hereunder, or on account of any other causes not reasonably within the control of the party claiming such inability. The settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and the above requirement that any force majeure shall be remedied with all reasonable dispatch, shall not require the settlement of strikes and 14 "Exhibit A" Cont. lockouts as acceding to the demands of the opposing party or parties when such course is unfavorable, in the judgment of the party having the difficulty. In the event of an extended shortage of water, or the supply of water available to the City is otherwise diminished over an extended period of time, the supply of water to the Purchaser shall be reduced or diminished in the same ratio or proportion as the supply to other City customers is reduced or diminished. 8.4. Regulatory Agencies. Purchaser will comply with all applicable statutes, rules, and regulations as may now exist and as may be promulgated by the City, the State of Texas and its administrative agencies, and the Federal Gov- ernment and its administrative agencies. Purchaser and City will collaborate in obtaining any permits or certificates as may be required to comply with any such laws, rules, or regulations. 8.5." Notice of Violation. In the event that either the City or the Purchaser shall violate any of the terms of this Contract, the aggrieved party shall promptly notify the other party of the violation. In the event such violation is not cured within thirty (30) days after the receipt of such notice, the party sending the notice, at its discretion, may notify the other party of its intention to declare this Contract forfeited and null and void. Upon receipt of such notice, the delinquent party shall have thirty (30) days to cure such violation prior to final action by the other party declaring this Contract forfeited and null and void. Any notice requirement under the terms of this agreement shall be in writing and shall be delivered by certified mail in accordance with Section 8.8, herein. 8.6. Waiver. No failure on the part of either party to this Contract to require the performance by the other party of any portion of this Contract shall in any way affect either party's right to enforce such provision, nor shall any waiver by either party be taken or held to be a waiver of any other provision. No rights under this agreement may be waived and no modification or amendment to this agreement may be made except by written amendment executed by the parties. 8.7. Headings. All headings in this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way the express terms and provisions hereof. 8.8. Notice. All notices required under this Contract shall be sent by certified mail, return receipt requested, as follows: Notices to Purchaser: Perry 0. Mayfield 406 West Austin Round Rock, Texas 78664 Notices to City: City Manager City Hall Round Rock, Texas 15 "Exhibit A" 'Cont.' ATTEST: ATTEST: EXECUTED THIS /"L- DAY OF p e , 1976. BY: N. G. Whitlow - Assistant Secretary dL th Looby - Secre BY: "Exhibit A" 'Cont: BRUSHY BEND PARK, INC. Perry Ma field Pre'si ent CITY OF ROUND ROCK, TEXAS X nd Litton - Mayor Williamson County Municipal Utility District No. 2 $emcg B, shg Creek 3737 Hake Man Road • Round Ro_k, Texas 78681 • '512) 255 -7871 Honourable Mike Robinson, Mayor City of Round Rock 214 E. Main St. Round Rock, Texas 78664 September 25, 1986 re: Homes in Brushy Creek with Existing Contracts for Sale Dear Mayor, It has come to the Board's attention that six homes have been sold in a section of the District which has yet to be approved by the District. These homes were apparently sold with a price based upon the District's fees prior to the execution of our water contract, and the District cannot issue a building permit until the subdivision is complete. Of course, the execution of the water contract increases the District's connection fees significantly, by over $2,700.00. Our total connection fees will be almost $6,000.00 per home with these new connection fees. Without in any way endangering the water contract which we have all worked so long and hard over, the Board has requested that I draft this letter to respectfully ask you and the City Council of Round Rock to consider allowing these homes which have been sold prior to the execution of the contract, but cannot be built yet because the subdivision is not complete, to be grandfathered from the fees which are to be collected under our agreement. The Board wants to ensure that the City obtains all of the fees which are due it under the agreement, but in turn sympathizes with the builders in the District who have been caught in a difficult position by the sudden increase in the District's connection fees. Of course the water contract comes first in the District's priorities, but if you would grandfather these homes, which would have to be verified by contracts of sale, it would be greatly appreciated, and would build even further on the warm relationship which has been developing between our entities. Yours very truly, Mark DeBruler General Manager ;pc: Board Directors, Williamson Co. M.U.D. #2 DOYLE WILSON C•O•M•P•A•N•Y September 25, 1986 Woods of Brushy Creek Lot List for Utility Taps to be Grandfathered Section One Lots 1 -7, 21 -23 Block Lots 1 -6 Block "E" Lots 1, 6 -18 Block "F" Section Two, Phase Two Lots 1 -9, 12 -15, 17, 18, 20 -23, 28, 33 -37, 53 -58 Block Lots 49, 51, 53, 54 -73 Block "D" Lots 26, 30 -34, 47 -51 Block "B" Section Two, Phase Three Lots 1, 6, 8, 9, 12 Block "E" s3 .10 4.`,,G ,t•r 6 Ss.D , g 5 0 0 0 PLAZA ON THE LAKE SUITE 150 • AUSTIN, TEXAS 78746 (512) 327 -7886 1 1 N 11 D E V E L O P M E N T • H I - T E C H • O F F I C E • L A N D • I N V E S T M E N T t ' Vo4I frWi(eot,_ HQo M E s 5000 Plaza on the Lake, Suite 150, Austin,Texas 78746 512!327 -7886 ESCROW SALES CONTRACT �{ DOYLE WILSON BUILDER, INC., hereinafter called "Seller, ", agrees to sell and convey to' 1 \/ n e- TI ELI • A. hereinafter called "Buyer," who agrees to buy from seller upon the terms, covenants, agreements and considerations expressed herein and for the price herein stipulated the following described real property, hereinafter called "Property," with the im. provements located or to f� constructed thereon as follows: Lot: lock: {[,� Addition: k +! • O' : Y C. y ction: ] In Wiiht1461County, Texas, locally known as /0 %f. 51 � VG (Street Address) The improvements constructed or to be constructed on the above described real propert p /�` 1 .b.p constructed in accordance with E ructed in accordance ordance with specifications STANDARDS "Set ELLERS lan or Model an No d attached to the LIMITED WARRANTY which shall be con. HOME WARRANTY AGREEMENT), a copy of which Is attached hereto and made part hereof, to which reference is herenow made for all purposes. I I. The total sales price which SELLER agrees to accept and BUYER agrees to pay Is as set forth below, which shall be paid and secured to be paid as follow: Total Sales Price $ I Lai 9 5 (I Down Payment (Including earnest money deposits) $ « 930 Amount of Mortgage Loan, if any (att ! /� % 1' h/1 years) Loan Type C� _/ $ /30 At Inc closing as herein provided, Buyef 3hdll bSy tp down payment portion of the purchase out of funds available to him, and Inc balance of said total sales price shall be paid ut of the proceeds of a loan to be secured by BUYER in the amount of and upon the terms hereinbefore stipulated, said loan to be closed at the same time this transaction is closed. The loan proceeds shall be paid over to the SELLER as a part of the consideration for the sale, and SELLER agrees to reserve in favor of the lending institu- tion all necessary Vendor's Liens to secure said lendor in the advancement of such funds. BUYER agrees that he will make diligent efforts to secure such loan, applying for same within five (5) business days alter the execution of this contract, making any and all necessary applications and furnishing any and all necessary credit reports and in all other respects cooperating in attempting to secure such loan. In the event BUYER Is unable to secure a loan in the above amount within a reasonable time, from an acceptable lending institution and at the rate shown above, then at BUYER'S option this contract shall become null and void and BUYER shall no longer be bound by the terms hereof, and all sums paid by BUYER to SELLER as earnest money, or otherwise, shall be returned to BUYER, less any costs and expenses actually incurred as a result of the placement of the loan application, including, but not limited to, appraisal tees, costs of credit reports, survey costs, and the cost of preparing blueprints. In the event failure to obtain such loan Is due to BUYER'S misrepresentation, failure to cooperate, or failure to proceed diligently, the earnest money shall be forfeited as li- quidated damages and this contract shall be terminated immediately. It Is agreed by the parties, that notwithstanding any other pro- vision of this contract to the contrary, SELLER shall have the option to terminate said contract if BUYER has not obtained a commit- ment for the above described loan within forty -five (45) business days from the date of execution of this contract tor any cause or reason, and in such event SELLER shall return to BUYER all sums paid by BUYER to SELLER, less any costs and expenses actually Incurred as if SELLER had been unable to obtain a loan without fault or misrepresentation. III. (A) SELLER agrees to diligently pursue completion of construction of the above described improvements, and to complete same within a reasonable period of time. However, any delays which may occur due to unloreseen events such as acts of God, incle- ment weather, strikes, unavailability of materials, delays in receiving materials, labor shortages, delays caused by governmental regulations, and other delays beyond the control of SELLER, shall operate as an excuse from timely completion of the construction contemplated herein. (B) In the event of unavailability of materials, or cost increases, SELLER shall have the right to substitute materials, equip- ment and appliances of substantially equal quality for (hose specified in SELLER'S plans and specifications and the approved standards, or those which may be contained In any model home which may have been shown to BUYER. However, if such substitu- tion is of any consumer product as that term is defined in the Magnason -Moss Warranty Act, the warranty for the substituted pro- duct shall be made available to BUYER. (D) Buyer covenants and' agrees that during the course of construction of the improvements to be located herein, the Seller may at his sole option change the plans and specifications of construction of improvements and in such event Buyer shall have the sole option to cancel this contract and receive a full refund of the earnest money deposited hereunder. Provided, that if Buyer ac- cepts such change Buyer shall have the obligation to proceed with closing as herein provided. The above shall constitute the sole remedy of Buyer in the event of a change In the plans and specifications and must be exercised prior to closing at which time such option shall In all things be considered waived. (E) Buyer and Seller covenant and agree that pursuant to the plans and specifications certain allowances have been established for Inclusion of items In the Improvements being constructed by Seller. Seller agrees that to the extent such Items have not been installed or ordered at the time of execution of this Agreement, Buyer shall be entitled to select such decorator items. Buyer covenants and agrees that to the extent any of Buyer's selections exceed the allowance set forth In the plans and specifica- tions, Buyer will pay such sums In cash to Seller Immediately upon request or being billed for the same. The parties further covenant and agree that Buyer shall not be entitled to make any changes at all In the structure. IV. Seller agrees to furnish to BUYER an Owner's Policy of Title Insurance, Issued by a title insurance company of Seller's choice. authorized to do business in Texas, Insuring the title In BUYER in the amount of the purchase price, subject to the mortgage lien above described and other matters affecting title as hereinafter set forth. • V. BUYER agrees to close through AUSTIN TITLE and CONSUMMATE THIS TRANSACTION WITHIN FIVE (5) BUSINESS DAYS AFTER THE IMPROVEMENTS HAVE BEEN COMPLETED OR THE LOAN IS APPROVED, WHICHEVER 15 LATER. In the event the commitment for the Issuance of the policy of title Insurance contains an exception other than those exceptions contained in the standard printed exceptions and public utility easements, restrictions, or exceptions approved and accepted by Buyer, closing shall be extended for up to Thirty (30) days, when this contract, al BUYER'S option may terminate and all earnest money returned to BUYER, without offset, which remedy shall be BUYER'S sole and only remedy in such event. In the event, however, that BUYER shall tail to (1) execute any and all forms andlor legal Instruments necessary to consummate this transaction, and (2) to consummate this transaction within five (5) days after BUYER has been given written notice from SELLER, by certified mail addressed to the address of BUYER contained herein, to the effect that SELLER is ready to close, then such failure shall be considered to be a default by BUYER and shall entitle SELLER to terminate this contract without further notice and SELLER shall be entitled to retain all earnest money deposited by BUYER for and as liquidated damages- VI. It Is agreed by the parties that the responsibility and obligation for the payment of expenses in connection with closing shall be iC as follows: t h SELLER'S expenses: Preparation' of the Deed, Owner's Title exceed as go aL10 nit f sales price; one -half of any escrow fee charged by the closing g institution; discount points not to exceed d I D AC. ILI"y If f d the appraisal fee. BUYER'S expenses: S- • _ • - - - - ' ' " - - " ance byanyiender; cat(og fees originsNen-fees and -eih a •+ r to.such epard Freres+._._._ b Band insurance and xroeriylaxes); all 11e- PoIoey.-These m tad— closing costs- of- • .• •. i , 00 - indludin• but n• n expe this transaction shall be ��� _,-- .plus_PMl_and- uGTrOe PiN NORTOx OE GOLD-TITLE • VII. Possession of the premises shall be transferred from SELLER to BUYER upon closing and funding of this transaction. VIII. U eei�wutlon of th16 contract, one copy hereof, together with the sum of $ � (2© shall be deposited with � lL WI fhCIOWas escrow agent, to hold said contract and said escrow money until this contract is closed and consum- m ed, at which time said escrow money will be paid over to SELLER as a part of the cash down payment abo p o ided for Addi- tional earnest money in the amount of $ shall be deposited with escrow agent on or before 19 . If this contract is not closed, however, then said agent shall deliver said escrow money In accordance with this con race. IX. This contract may be terminated by SELLER, without notice, If BUYER attempts to cancel or defaults in any of the obligations to be performed by BUYER, in which case BUYER'S earnest money shall be retained by SELLER as liquidated damages. In the event that a bona fide dispute shall arise between BUYER and SELLER prior to the closing, and notification to the other party has been given in writing, whether such dispute concerns boundaries, purchase price, the construction of the improvements, or any matter relating to the interpretation of this contract, and if such bona fide dispute cannot in good faith be resolved completely to the satislactlon of both parties within ten (10) days after notice In writing of such dispute has been given, and prior to closing, then SELLER shall have the right upon written notice to BUYER to terminate this contract. In the event of such termination by SELLER, SELLER must return all earnest money to BUYER and, In addition, pay to BUYER the sum of TWO HUNDRED FIFTY AND NO1100 DOLLARS ($250.00), which the parties herenow agree to be a reasonable estimate of the damages, if any, incurred by BUYER, the ac- tual damages, if any, being difficult, if not impossible, to ascertain at the time of the signing of this contract. Upon such termination for such reason, no cause of action shall accrue to or on behalf of BUYER, and SELLER shall have no further right or obligation whatsoever under this contract. X. It Is understood and agreed by the parties that SELLER makes no warranties, express or implied, whatsoever, except for such warranties as are described in the Limited Warranty Home Warranty Agreement as contained in the warranty so entitled prepared by Home Buyer's Warranty Corporation, to which reference Is herenow made for all purposes, it being understood that SELLER shall In no event be liable for any consequential damages of any nature whatsoever. The parties hereto recognize that the Home Buyer's Warranty Agreement provides in part that the owner and the builder may contract for additional standards or requirements in addition to those warranties agreements and standards contained in said Home Buyer's Warranty Agreement, however, It is understood and agreed by the parties that no such additional standards or re- quirements have been agreed upon and no such additional standards or requirements are effective with respect to this contract. BUYER acknowledges receipt of the Disclosure Of Insulation Certificate, a copy of which is attached hereto as an exhibit and included herein by reference for all purposes. BUYER acknowledges that such disclosure has been given by SELLER in conformity with FTC regulations and that SELLER in giving such disclosure is relying solely on Information provided by the insulation company as set forth in the attached disclosure statement. BUYER acknowledges and agrees that the same does not in any way constitute a representation or warranty by SELLER. XI. During the performance of the construction of any of the Improvements contemplated hereby, title in and to said real property above described together with improvements placed thereon shall remain in SELLER. G - c,rd an c"opan Rea -t -o - tr: .� It is understood and agreed that = � _-�= �-- -`�'- � "`-' -�- � L��- - ✓ , a licensed real estate broker of the State of Texas was th g cause of this .ntract, and r • LE WILSON BUILDER, INC. agrees to pay to said broker, a real estate commission of 1 % of the selling price as above set forth, which payment shall be made in cash at closing. Pursuant to the Real Estate Lic$nsing Statute of Texas, the agents above listed herenow inform BUYER in writing the BUYER should either cause an Abstract of Title to this properly to be examined by an attorney of his choice or else he should procure or be furnished with a policy of title insurance. By his execution of this contract, BUYER acknowledges receipt of this notification. xlll. No consent or waiver, expressed or Implied, by either party to this contract to or of any breach or default by the other in the per- formance of any obligation hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default by any such party hereto. xlV. In the event of conflict between 1he provisions of this contract, the plans and specifications of the model house, if any, or of the HBW warranty, it is understood and agreed that the provisions of the HBW warranty shall prevail over all other documents, and the provisions of this contract shall prevail over the plans and specifications. XV. This agreement shall not be effective until acceptance in writing by SELLER. Receipt of earnest money by a sales represen- tative does not constitute acceptance of this contract by SELLER. XVI. This contract and the exhibits hereto constitute the entire agreement between the parties hereto with respect to all matters and all prior negotiations, representations and agreements, if any, by SELLER or SELLER'S agents, representatives or employees, or by any real estate agent, not incorporated herein are hereby cancelled. This written contract may be modified or amended only by a written instrument duly executed by all of the parties to this contract. XVII. Exclusion: Purchaser .understands that shrubbery, furnishings, refrigerators, deepfreezes, clothes washers and dryers, decorator wall coverings, floor coverings, decorator paint colors, mirrors, plant•ons and all other personal property being used in display homes are for display purposes only and are not Included in this sale. XVIII. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Time is of the essence of this Agreement. Special Provisions: / r 8U yv! y� CID Cry . +u ,..e edgy_ 145,0,8, 81rreis 1 rroi y -h ru i n$ r PrAfl {o £la ?n elm-I f ytt /S !1 C f S no TA 4e-4 f 107K -0-, A I q alb) EXE " O ��_ """ TT day of ° f } L" V By: WILS UILDE ,IN � By: Date of Acceptance: Option Deposit In the Amount of $ Deposited with D.W. Builder on / �,� Receipt of earnest money in the amount of $ ) 7V[/ is hereby acknowledged: � y1L (' By' . yb, / V r (ROW naENT a�SCI'17 a Selling Agent: WHITE BUYER ELLER J SSW xix. all AlloWccl ;n ti fl eplos Z, i ru at Cb517, B✓fL4 eh' ItM h tr.)61k— ccryam J i5ctry1)4n vpe,-, C oday /ny lfvh l S 'r1•►?Ct_ x5111, Buy i v/ 1gQb, l BUYER '4/5 2 H �j, - 0 ( 4/6 Buyer's address 1 40 L / !'' n 1 L1( / f rt tL L • 6t) 7e755 ({W�) S �/7 h T k yn� g /J a 9UYER S NUMB i STA (H) `� 3 /q7 8 zw SSW DEEEN - •UYER CAN•EV- CONSTRUCTION PIN. - MORTODBE BOLD -TITLE D alfotit, H O M E 5000 Plaza on the Lake, Suite 150, Austin,Texas 78746 512!327 -7886 ESCROW SALES CONTRACT DOYLE WILSON BUILDER, INC., herei alter called "Seller, ", agrees to sell and convey to' De. A 1. . & Ji M 4 L. B l'crsie11 hereinafter called "Buyer," who agrees to buy Irom seller upon the terms, covenants, agreements and considerations expressed herein and for the price herein stipulated the following described real property, hereinafter called "Property," with the im- provemG ntss)ocated thgrQgn gr to be constructed thereop as follows: - _ -` /� —�-; '�f�` &'%i a 11.9k., Section:_ t � -at 1 6 C J f L • ounty, Texas, locally known as (Street Address) I. ecto The improvements constructed or to be constructed on the above described real property s I be c s rructed in accordance with r c ed In accordance o plans ance width specifications applicable "APPROVED STANDARDS" n p NDARDS" (e forth (set fo st and attached to the LIMITED HOME WARRANTY AGREEMENT), a copy of which is attached hereto and made part hereof, to which reference is herenow made for all purposes. II. The total sales price which SELLER agrees to accept and BUYER agrees to pay is as set forth below, which shall be paid and secured to be paid as follow: Total Sales Price $ / 21050 6� Down Payment (Including earnest money deposits) $ Amount of Mortgage Loan, if al (at7 QQ yj*6 i , years) Loan Type /�_ . �k $ / a 7, 0 0 At the closing as herein provided, Btryer shall gray the cash down payment portion of the purchase out of funds available to him, and the balance of said total sales price shall be paid out of the proceeds of a loan to be secured by BUYER in the amount of and upon the terms hereinbefore stipulated, said loan to be closed at the same time this transaction is closed. The loan proceeds shall be paid over to the SELLER as a part of the consideration for the sale, and SELLER agrees to reserve in favor of the lending instil u. tion all necessary Vendor's Liens to secure said lendor in the advancement of such funds. BUYER agrees that he will make diligent efforts to secure such loan, applying for same within five (5) business days after the execution of this contract, making any and all necessary applications and furnishing any and all necessary credit reports and in all other respects cooperating in attempting to secure such loan. In the event BUYER is unable to secure a loan in the above amount within a reasonable time, from an acceptable lending institution and at the rate shown above, then at BUYER'S option this contract shall become null and void and BUYER shall no longer be bound by the terms hereof, and all sums paid by BUYER to SELLER as earnest money, or otherwise, shall be returned to BUYER, less any costs and expenses actually incurred as a result of the placement of the loan application, including, but not limited to, appraisal lees, costs of credit reports, survey costs, and the cost of preparing blueprints. In the event failure to obtain such loan is due to BUYER'S misrepresentation, failure to cooperate, or failure to proceed diligently, the earnest money shall be forfeited as li- quidated damages and this contract shall be terminated Immediately. It is agreed by the parries, that notwithstanding any other pro. vision of this contract to the contrary, SELLER shall have the option to terminate said contract II BUYER has not obtained a commit- ment for the above described loan within forty -five (45) business days from the date of execution of this contract for any cause or reason, and in such event SELLER shall return to BUYER all sums paid by BUYER to SELLER, less any costs and expenses actually incurred as If SELLER had been unable to obtain a loan without fault or misrepresentation. III. (A) SELLER agrees to diligently pursue completion of construction of the above described improvements, and to complete same within a reasonable period of time. However, any delays which may occur due to unforeseen events such as acts of God, incle- ment weather, strikes, unavailability of materials, delays In receiving materials, labor shortages, delays caused by governmental regulations, and other delays beyond the control of SELLER, shall operate as an excuse from timely completion of the construction contemplated herein. (B) In the event of unavailability of materials, or cost increases, SELLER shall have the right to substitute materials, equip- ment and appliances of substantially equal quality for those specified in SELLER'S plans and specifications and the approved standards, or those which may be contained in any model home which may have been shown to BUYER. However, it such substilu. tion is of any consumer product as that term is defined In the Magnason -Moss Warranty Act, the warranty for the substituted pro- duct shall be made available to BUYER. (D) Buyer covenants andagrees that during the course of construction of the improvements to be located herein, the Seller may at his sole option change the plans and Specifications of construction of improvements and In such event Buyer shall have the sole option to cancel thls contract and receive a full refund of the earnest money deposited hereunder. Provided, that if Buyer ac- cepts such change Buyer shall have the obligation to proceed with closing as herein provided. The above shall constitute the sole remedy of Buyer in the event of a change In the plans and specifications and must be exercised prior to closing at which lime such option shall in all things be considered waived. (E) Buyer and Seller covenant and agree that pursuant to the plans and specifications certain allowances have been established for Inclusion of items in the Improvements being constructed by Selfer. Seller agrees that to the extent such items have not been installed or ordered at the time of execution of this Agreement, Buyer shall be entitled to select such decorator items. Buyer covenants and agrees that to the extent any of Buyer's selections exceed the allowance set forth in the plans and specifica. tions, Buyer will pay such sums in cash to Seller immediately upon request or being billed for the same. The parties further covenant and agree that Buyer shall not be entitled to make any changes at all in the structure. IV. Seller agrees to furnish to BUYER an Owner's Policy of Title Insurance, issued by a title insurance company of Seller's choice authorized to do business in Texas, insuring the title fn BUYER in the amount of the purchase price, subject to the mortgage lien above described and other matters affecting title as hereinafter set forth. V. BUYER agrees to close through AUSTIN TITLE and CONSUMMATE THIS TRANSACTION WITHIN FIVE (5) BUSINESS DAYS AFTER THE IMPROVEMENTS HAVE BEEN COMPLETED OR THE LOAN IS APPROVED, WHICHEVER IS LATER. In the event the commitment for the issuance of the Policy of title Insurance contains an exception other than those exceptions contained in the standard printed exceptions and public utility easements, restrictions, or exceptions approved and accepted by Buyer, closing shall be extended for up to thirty (30) days, when thls contract. at BUYER'S option may terminate and all earnest money returned to BUYER, without offset, which remedy shall be BUYER'S sole and only remedy In such event. In the event, however, that BUYER shall fail to (1) execute any and all forms andlor legal Instruments necessary to consummate this transaction, and (2) to consummate this transaction within five (5) days after BUYER has been given written notice from SELLER, by certified mail addressed to the address of BUYER contained herein, to the effect that SELLER is ready to close, then such failure shall be considered to be a default by BUYER and shall entitle SELLER to terminate this contract without further notice and SELLER shall be entitled to retain all earnest money deposited by BUYER for and as liquidated damages. VI. It is agreed by the parties that the resppnslbfJltyand obligation for the payment of expenses in connection with closing shall be as follows: SELLER'S expenses: Preparation of the Deed, Owner's Title Policy jjpp }h omt he sales price; one -half of any escrow fee charged by the closing institution; discount points not to exceed 7a I , and the appraisal fee. BUYER'S expenses: "dam Inns-aq . eexpensesincident _to -such [; end Mul ly�ayee u Tftle These —. APPROXIMATELY: p•afa� —it y gf of e xpns :, 1d this transaction shall be, WHITE`* s GREEN -INTER CANARY- CONSTRUCTION FINN I.o RT OA OF nen n_T, TIc VII. Possession of the premises shall be transferred from SELLER to BUYER upon closing and funding of this transaction. VIII. UAo{{yy axe lion of this contract, one copy hereof, together with the sum of $ — shall be deposited with D. y L W 1rS1+fCr OL+J as escrow agent, to holtl Bald contract and sold escrow money until this contract Is closed and consum- mated at which time said escrow money wIlLbe paid over 10 SELLER as a part of the cash down payment a va tov ed fq�Addi- tional earnest money in Inc amount of $ shall be deposited with escrow agent on or before 1 y/,19 1540 If this contract is not cloned, however, then said agent shall deliver said escrow money In accordance with his ontract. Ix. This contract may be terminated by SELLER, without notice, 11 BUYER attempts to cancel or defaults In any of the obligations to be performed by BUYER, In which case BUYER'S earnest money shall be retained by SELLER as liquidated damages. In the event that a bona fide dispute shall arise between BUYER and SELLER prior to the closing, and notification to the other party has been given In writing, whether such dispute concerns boundaries, purchase price, the construction of the Improvements, or any matter relating to the Interpretation of this contract, and If such bona fide dispute cannot In good faith be resolved completely to the satisfaction of both parties within ten (10) days after notice In writing of such dispute has been given, and prior to closing, then SELLER shall have the right upon written notice to BUYER to terminate this contract. In the event of such termination by SELLER, SELLER must return all earnest money to BUYER and, in addition, pay to BUYER the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS ($250.00), which the parties herenow agree to be a reasonable estimate of the damages, If any, Incurred by BUYER, the ac• tual damages, if any, being difllcult, if not Impossible, to ascertain at the time of the signing of this contract. Upon such termination for such reason, no cause of action shall accrue to or on behalf of BUYER, and SELLER shall have no further right or obligation whatsoever under this contract. X. It is understood and agreed by the parties that SELLER makes no warranties, express or implied, whatsoever, except for such warranties as are described In the Limited Warranty Home Warranty Agreement as contained In the warranty so entitled prepared by Home Buyer's Warranty Corporation, to which reference Is herenow made for all purposes, it being understood that SELLER shall in no event be liable for any consequential damages of any nature whatsoever. The parties hereto recognize that the Home Buyer's Warranty Agreement provides In part that the owner and the builder may contract for additional standards or requirements In addition to those warranties agreements and standards contained in said Horne Buyer's Warranty Agreement, however, It Is understood and agreed by the parties that no such additional standards or re• quirements have been agreed upon and no such additional standards or requirements are effective with respect to this contract. BUYER acknowledges receipt of the Disclosure of Insulation Certificate, a copy of which Is attached hereto as an exhibit and included herein by reference for all purposes. BUYER acknowledges that such disclosure has been given by SELLER in conformity with FTC regulations and that SELLER in giving such disclosure Is relying solely on Information provided by the Insulation company as set forth in the attached disclosure statement. BUYER acknowledges and agrees that the same does not in any way constitute a representation or warranty by SELLER. XI. During the performance of the construction of any of the Improvements contemplated hereby, title in and to said real property above described together with improvements placed thereon shall remain In SELLER. X -- It is understood and agreed that � : .. u . ' " �� /- 1 C, : I censed real estate broker of the State of Texas was the ocuring cause of this contract, and DOYLE ILSON BU LDER, INC.: grees to pay to said broker, a real estate commission of % of the selling price as above set forth, which payment shall be made In cash at closing Pursuant to the Real Estate Licensing Statute of Texas, the agents above listed herenow inform BUYER in writing the BUYER should either cause an Abstract of Title to this property to be examined by an attorney of his choice or else he should procure or be furnished with a policy of title Insurance. By his execution of this contract, BUYER acknowledges receipt of this notification. XIII. No consent or waiver, expressed or Implied, by either party to this contract to or of any breach or default by the other in the per lormance of any obligation hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default by any such party hereto. XIV. In the event of conflict between the provisions of thls contract, the plans and specifications of the model house, if any, or of the HBW warranty, it Is understood and agreed that the provisions of the HBW warranty shall prevail over all other documents, and the provisions of This contract shall prevail over the plans and specifications. XV. This agreement shall not be effective until acceptance In writing by SELLER. Receipt of earnest money by a sales represen- tative does not constitute acceptance of this contract by SELLER. XVI. This contract and the exhibits hereto constitute the entire agreement between the parties hereto with respect to all matters and all prior negotiations, representations and agreements, if any, by SELLER or SELLER'S agents, representatives or employees, or by any real estate agent, not Incorporated herein are hereby cancelled. This written contract may be modified or amended only by a written Instrument duly executed by all of the parties to this contract. xVII. Exclusion: Purchaser understands that shrubbery, furnishings, refrigerators, deep- freezes, clothes washers and dryers, decorator wall coverings, floor coverings, decorator paint colors, mirrors, plant-on and all other personal property being used in display homes are for display purposes only and are not included in this sale. XVIII. This contract shall Inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Time Is of the essence of this Agreement. xlx Spe st lalProvisions: .`. Bvy r- �n }7��@ to Wu - +h ' t .t rth �ttl;o prior. 1-. tics z Qu faciiaK 01) afl jnl�ljet~x4.4►tn hofot-s•& 1 ! ' ..ye.ts F o rt"4° - 1 WU re- 11 'Jvrna -.T}y 1 i- closin S! c �+ e k peril 5 x w l o w af- .z ms s a yer co tut .Xs w 6 env-Aii% con, +yS*1t cum intx � ro 4c rock d � 4 0dgyS in 5Ftat., is Re %bw 4'FA" f �jutr rc kiLti to vaIIels;nyc,5i s i Lo i'„ 9ucsPrA 'S Lot u rarns;rtt r by al b f p by 06 E;�w`w. C — Cc EXECUTED THIS day of U 19 f3 to . SSN /4-61,-- v ) _ DOYLE WILSO By Date of Acceptance' Option Deposit In the Amount of $ Deposited with D.W. Builder on 00 Receipt of earnest money In the amount of $ is hereby c owled ed Y 9 By . Y S 1 // // R ?IT +J Selling Agent: Y � 4"r n o I 01. BUYER 555 11 . s )on WHITI -E ♦LF RREEN -SLIVER OAI.ARY- CONSTRUCTION PINK - MORTGAGE OOLO -TITLE Buyer's address ha 0 (--A E V drl iov 4 CITY,p4 STATE i57 ZIT �iy/S1L)LSA-krn 04, (512) '$31. 8`13D YE S PH E NUMBEPS ttia 5000 Plaza on the Lake, Suite 150, Austin,Texas 78746 512/327 -7886 ESCROW SALES CONTRACT DOYLE WILSON BUILDER, INC., hereinafter called "Seller, ", agrees to sell and convey to: Pk i Pi tQ L, D M • fll/+L - -- hereinafter called "Buyer," who agrees to buy from seller upon the terms, covenants, agreements and considerations expressed herein and for the price herein stipulated th following described real property, hereinafter called "Property," with the im- provements located thereon or to be constru d thereon as `h / follows :: Q /I Lot: IZ Block: E ddltlon: 4✓0nd5 01 U/4/�1f/ erb t SecttIon: _. In 4II7 County, Tex , locally known as £ h ra i m ROAD (Street Address) l L' The improvements constructed or to be constructed on the above described real prop rt s nstrucled in accordance with SELLER'S plans and specifications as applicable to SELLER'S plan or Model No. which shall be con -3o'/3 C structed In accordance with the "APPROVED STANDARDS" (set forth and attached to the LIM AR ANTY HOME WARRANTY AGREEMENT), a copy of which is attached hereto and made part hereof, to which reference is herenow made for all purposes. adikeit-- H OM ES The total sales price which SELLER agrees to accept and BUYER agrees to pay is as set forth below, which shall be rd secured to be paid as follow: � Total Sales Price $ N-2;145° Down Payment (Including earnest mon, eposits) $ 4 ✓ g o P Amount of Mortgage Loan, if any ( Alla y y � y ears( Loan Type w rv► I $ L� 'C` . __ - jZ Ei6 00 Al the closing as herein provided, Buyer hell day th cas down payment portion of the purchase OUt of funds available to him, and the balance of said total sales price shall be paid out of the proceeds of a loan to be secured by BUYER in the amount of and upon the terms hereinbefore stipulated, said loan to be closed at the same time this transaction is closed. The loan proceeds shall be paid over to the SELLER as a part of the consideration for the sale, and SELLER agrees to reserve In favor of the lending institu- tion all necessary Vendor's Liens to secure said lendor In the advancement of such funds. BUYER agrees that he will make diligent efforts to secure such loan, applying for same within five (5) business days alter the execution of this contract, making any and all necessary applications and furnishing any and all necessary credit reports and in all other respects cooperating in attempting to secure such loan. In the event BUYER Is unable to secure a loan in the above amount within a reasonable time, from an acceptable lending institution and at the rate shown above, then at BUYER'S option this contract shall become null and void and BUYER shall no longer be bound by the terms hereof, and all sums paid by BUYER to SELLER as earnest money, or otherwise, shall be returned to BUYER, less any costs and expenses actually incurred as a result of the placement of the loan application, including, but not limited to, appraisal fees, costs of credit reports, survey costs, and the cost of preparing blueprints. In the event failure to obtain such loan is due to BUYER'S misrepresentation, failure to cooperate, or failure to proceed diligently, the earnest money shall be forfeited as II. quidated damages and this contract shall be terminated Immediately. It is agreed by the parties, that notwithstanding any other pro- vision of this contract to the contrary, SELLER shall have the option to terminate said contract if BUYER has not obtained a commit. ment for the above described loan within forty -live (45) business days from the date of execution of this contract for any cause or reason, and in such event SELLER shall return to BUYER all sums paid by BUYER to SELLER, less any costs and expenses actually incurred as if SELLER had been unable to obtain a loan without fault or misrepresentation. III. (A) SELLER agrees to diligently pursue completion of construction of the above described improvements, and to complete same within a reasonable period of time. However, any delays which may occur due to unforeseen events such as acts of God, incle- ment weather, strikes, unavailability of materials, delays in receiving materials, labor shortages, delays caused by governmental regulations, and other delays beyond the control of SELLER, shall operate as an excuse from timely completion or the construction contemplated herein. (B) In the event of unavailability of materials, or cost Increases, SELLER shall have the right to substitute materials, equip- ment and appliances of substantially equal quality for those specified in SELLER'S plans and specifications and the approved standards, or those which may be contained in any model home which may have been shown to BUYER. However, if such substitu- tion Is of any consumer product as that term Is defined in the Magnason -Moss Warranty Act, the warranty for the substituted pro- duct shall be made available to BUYER. (D) Buyer covenants and agrees that during the course of construction of the improvements to be located herein, the Seller may at his sole option change the plans and specifications of construction of improvements and in such event Buyer shall have the sole option to cancel this contract and receive a full refund of the earnest money deposited hereunder. Provided, that if Buyer ac- cepts such change Buyer shall have the obligation to proceed with closing as herein provided. The above shall constitute the sole remedy of Buyer in the event of a change In the plans and specifications and must be exercised prior to closing at which time such option shall In all things be considered waived. (E) Buyer and Seller covenant and agree that pursuant to the plans and specifications certain allowances have been established for inclusion of items in the improvements being constructed by Seller. Seller agrees that to the extent such items have not been installed or ordered at the time of execution of this Agreement, Buyer shall be entitled to select such decorator items. Buyer covenants and agrees that to the extent any of Buyer's selections exceed the allowance set forth in the plans and specifica. t Ions, Buyer will pay such sums In cash to Seller Immediately upon request or being billed for the same. The parties further covenant and agree that Buyer shall not be entitled to make any changes at all in the structure. IV. Seller agrees to furnish to BUYER an Owner's Policy of Title Insurance, Issued by a title insurance company of Seller's choice authorized to do business In Texas, Insuring the title In BUYER in the amount of the purchase price, subject to the mortgage lien above described and other matters affecting title as hereinafter set forth. V. BUYER agrees to close through AUSTIN TITLE and CONSUMMATE THIS TRANSACTION WITHIN FIVE (5) BUSINESS DAYS AFTER THE IMPROVEMENTS HAVE BEEN COMPLETED OR THE LOAN IS APPROVED, WHICHEVER IS LATER. In the event the commitment for the Issuance of the policy of title Insurance contains an exception other than those exceptions contained in the standard printed exceptions and public utility easements, restrictions, or exceptions approved and accepted by Buyer, closing shall be extended for up to thirty (30) days, when this contract. al BUYER'S option may terminate and all earnest money returned to BUYER, without offset, which remedy shall be BUYER'S sole and only remedy In such event. In the event, however, that BUYER shall fail to (1) execute any and all forms and/or legal instruments necessary to consummate this transaction, and (2) to consummate this Transaction within five (5) days after BUYER has been given written notice from SELLER, by certified mail addressed to the address of BUYER contained herein, to the effect that SELLER Is ready to close, then such failure shall be considered to be a default by BUYER and shall entitle SELLER to terminate this contract without further notice and SELLER shall be entitled to retain all earnest money deposited by BUYER for and as liquidated damages. VI. II Is agreed by the parties that the responsibility and obligation for the payment of expenses in connection with closing shall be as follows: SELLER'S expenses: Preparation of the Deed, Owner's Title Policy lathe artoiint of the sales price; one -half of any escrow fee charged by the closing Institution; discount points not to exceed TO A.C. /LTpoints, and the appraisal fee. BUYER'S expenses: _ .. - ., - • • • • es.iws a 'to - sno loan inc udrng prepaid items i t taxes): all escrow deposits required by lender; - - ' . These $x se,5 transac iory shall APPROXIMATELY: prepaid , plus PMI and limited closing costs of fl nciuding but not limited be o prepaid Interest, hazard insurance and property items WHITE OREEN -EUYER CANARY - CONSTRUCTION PINE- MORTOAOE SOLD -TITLE VII. Possession of the premises shall be transferred from SELLER to BUYER upon closing and funding of this transaction. VIII. L UpQQn xecuflon of tills contract, one copy hereof, together with the sum of $ f 500 shall be deposited with IE' (.h YnM( as escrow agent, to hold said contract and said escrow money until this contract is closed and consum- 'mated, at which lime said escrow money wl paid over to SELLER as a part of the cash down payment ab ve rovided foc,Addi- tlonal earnest money in the amount of $, shall be deposited with escrow agent on or before 19 %6(w If this contract Is not closed, however, than s id agent shall deliver said escrow money In accordance with t is contract. Ix. This contract may be terminated by SELLER, without notice, If BUYER attempts to cancel or defaults in any of the obligations to be perlormed by BUYER, In which case BUYER'S earnest money shall be retained by SELLER as liquidated damages. In the event that a bona fide dispute shall arise between BUYER and SELLER prior to the closing, and notification to the other party has been given in writing, whether such dispute concerns boundaries, purchase price, the construction of the Improvements, or any matter relating to the Interpretation of this contract, and If such bona fide dispute cannot In good faith be resolved completely to the satisfaction of both parties within ten (10) days after notice in writing of such dispute has been given, and prior to closing then SELLER shall have the right upon written notice to BUYER to terminate this contract. In the event of such termination by SELLER, SELLER must return all earnest money to BUYER and, in addition, pay to BUYER the sum of TWO HUNDRED FIFTY AND NO /100 DOLLARS ($250.00), which the artles herenow agree to be a reasonable estimate of the damages, if any, incurred by BUYER, the ac- tual damages, if any, being difficult, It not Impossible, to ascertain at the time of the signing of this contract. Upon such termination for such reason, no cause of action shall accrue to or on behalf of BUYER, and SELLER shall have no further right or obligation whatsoever under this contract. X. It is understood and agreed by the parties that SELLER makes no warranties, express or Implied, whatsoever, except for such warrantles as are described In the Limited Warranty Horne Warranty Agreement as contained in the warranty so entitled prepared by Home Buyer's Warranty Corporation, to which reference is herenow made for all purposes, It being understood that SELLER shall in no event be liable for any consequential damages of any nature whatsoever. The parties hereto recognize that the Home Buyers Warranty Agreement provides in part that the owner and the builder may contract for additional standards or requirements in addition to those warranties agreements and standards contained in said Home Buyer's Warranty Agreement, however, It Is understood and agreed by the parties that no such additional standards or re- quirements have been agreed upon and no such additional standards or requirements are effective with respect to this contract. BUYER acknowledges receipt of the Disclosure of Insulation Certificate, a copy of which Is attached hereto as an exhibit and Included herein by reference for all purposes. BUYER acknowledges that such disclosure has been given by SELLER In conformity with FTC regulations and that SELLER In giving such disclosure Is relying solely on Information provided by the Insulation company as set forth in the attached disclosure Statement. BUYER acknowledges and agrees that the same does not In any way constitute a representation or warranty by SELLER. Xi. .During the performance of the construction of any of the improvements contemplated hereby, title In and to said real property above described together with improvements placed thereon shall remain in SELLER. It is understood and agreed that (ft) Or 11 a licensed real estate broker of the State of Texas was th p ogyn g cause of th contract, d D YLE WIL ON BUILDER, INC. agrees to pay to said broker, a real estate commission of Y,rj % of the selling price as above set forth, which payment shall be made in cash at closing. Pursuant to the Real Estate Licensing Statute of Texas, the agents above listed herenow Inform BUYER In writing the BUYER should either cause an Abstract of Title to this property to be examined by an attorney of his choice or else he should procure or be furnished with a policy of title Insurance. By his execution of thls contract, BUYER acknowledges receipt of this notification. XIII. No consent or waiver, expressed or implied, by either party to this contract to or of any breach or default by the other in the per- formance of any obligation hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default by any such party hereto. XIV. In the event of conflict between the provisions of thls contract, the plans and specifications of the model house, if any, or of the HBW warranty, It Is understood and agreed that the provisions of the HBW warranty shall prevail over all other documents, and the provisions of this contract shall prevail over the plans and specifications. XV. This agreement shall not be effective until acceptance In writing by SELLER. Receipt of earnest money by a sales represen. tative does not constitute acceptance of thls contract by SELLER. XVI. This contract and the exhibits hereto constitute the entire agreement between the parties hereto with respect to all matters and all prior negotiations, representations and agreements, If any, by SELLER or SELLER'S agents, representatives or employees, or by any real estate agent, not incorporated herein are hereby cancelled. This written contract may be modified or amended only by a written Instrument duly executed by all of the parties to this contract. XVII. Exclusion: Purchaser 'understands that shrubbery, furnishings, refrigerators, deep - freezes, clothes washers and dryers, decorator wall coverings, floor coverings, decorator paint colors, mirrors, plant -ons and all other personal property being used In display homes are for display purposes only and are not Included In this sale. XVIII. This contract shall Inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Time is of the essence of this Agreement. Q I A ALL—, XIX. 1 Special Provisions: I,6utld4 h 7 CLLLOf[— A-Ilof 1“, irtll1 fr 4- 1 �rri r oIors i, 13t.14-1, IO rf..ee.ivt dams. Bvyctct Jar•.. -ni ( . 3.BPyu`s �o rccro �k }ltr�t i nsett-"n-priv"' ,�osi clus�ni . L 4 earn +c i . tow IT , . la ,. 1�� a� 3g1 1oSeL (� tn �G OhT�rG� is ��h ), ' n try If. [uvt k�vrl'u r rYt ✓ � u YFL s fin �Jruc� Doi • � pro 19 66 wllki z50.'e C EXECUTED THIS 7-5 day of DOYLE WILS By: / S LEO Dale of Acceptance: (rii Option Deposit In the Amount of Deposited with D.W. Builder on Receipt of earnest money In the amount of $ 15 Is hereby acknowledged: By: .1/f..c tEIV) • 1A) Q J kV S ESCROW AGENT (� ,f Selling Agent' Y� �UV 1 tE " v f� I R vs D e?/10 -i /1i i 6I,31— YER BUYER SS# 7- n6- 7d 'ySS Buyer's address C BUYER's R 000 NUM8E F.6 STA `H) � �^ 2. <9 wNITE - tArr ^+EEN -•UVUC CANARY-CONSTRUCTION PINS- MORTGAGE GOLD -TITLE DOYLE WILSON BUILDER, INC., hereinafter called "Seller, ", agrees to sell and convey lo: Larry We)4 flea And. $'t 11 n Pri�P. (rn,ce_ Q hereinafter called "Buyer," who agrees to buy from seller upon the terms, covenants, agreements and considerations expressed herein and for the price herein stipulated the following described real properly, hereinafter called "Property," with the im. provements located thereon or to be constructed thereon as follows: TT Lot: Block: Addition: . rr . r1. G i+• - Sectiony.. Ph InWdliamsnrt County, Texas, locally known as The improvements constructed or to be constructed on the above described real pro. y onstructed in accordance with SELLER'S plans and specifications as applicable to SELLER'S plan or Model No. v� cr-t which shall be con- structed in accordance with the "APPROVED STANDARDS" (set forth and attached to the LIMITED WARRAN HOME WARRANTY AGREEMENT), a copy of which is attached hereto and made part hereof, to which reference is herenow made for all purposes. II. The total sales price which SELLER agrees to accept and BUYER agrees to pay is as set forth below, which shall be paid and secured to be paid as follow: Total Sales Price H O M ES 5000 Plaza on the Lake, Suite 150, Austin,Texas 78746 5121327 -7886 ESCROW SALES CONTRACT Down Payment (Including earnest m a� Amount of Mortgage Loan, If any (a , — r 20 � a years) Loan Type Ep (Street Address) I' �i sh s113.4=1 50 At the closing as herein provided, Buyer shall pay the cash down payment portion of the purchase out of funds available to him, and the balance of said total sales price shall be paid out of the proceeds of a loan to be secured by BUYER in the amount of and upon the terms hereinbefore stipulated, said loan to be closed at the same time this transaction is closed. The loan proceeds shall be paid over to the SELLER as a part of the consideration for the sale, and SELLER agrees to reserve in favor of the lending institu- tion all necessary Vendor's Liens to secure sald lender In the advancement of such funds. BUYER agrees that he will make diligent efforts to secure such loan, applying for same within five (5) business days after the execution of this contract, making any and all necessary applications and furnishing any and all necessary credit reports and in all other respects cooperating in attempting to secure such loan. In the event BUYER is unable to secure a loan in the above amount within a reasonable time, from an acceptable lending institution and at the rate shown above, then at BUYER'S option this contract shall become null and void and BUYER shall no longer be bound by the terms hereof, and all sums paid by BUYER 10 SELLER as earnest money, or otherwise, shall be returned to BUYER, less any costs and expenses actually incurred as a result of the placement of the loan application, including, but not limited to, appraisal lees, costs of credit reports, survey costs, and the cost of preparing blueprints. In the event failure to obtain such loan is due to BUYER'S misrepresentation, failure to cooperate, or failure to proceed diligently, the earnest money shall be forfeited as li. quidated damages and this contract shall be terminated Immediately. It is agreed by the parties, that notwithstanding any other pro- vision of this contract to the contrary, SELLER shall have the option to terminate said contract it BUYER has not obtained a commit- ment for the above described loan within forty -five (45) business days from the date of execution of this contract for any cause or reason, and in such event SELLER shall return to BUYER all sums paid by BUYER to SELLER, less any costs and expenses actually incurred as if SELLER had been unable to obtain a Loan without fault or misrepresentation. III. (A) SELLER agrees to diligently pursue completion of construction of the above described improvements, and to complete same within a reasonable period of time. However, any delays which may occur due to unforeseen events such as acts of God, incle- ment weather, strikes, unavailability of materials, delays in receiving materials, labor shortages, delays caused by governmental regulations, and other delays beyond the control of SELLER, shall operate as an excuse from timely completion of the construction contemplated herein. (B) In the event of unavailability of materials, or cost Increases, SELLER shall have the right to substitute materials, equip- ment and appliances of substantially equal quality for those specified in SELLER'S plans and specifications and the approved standards, or those which may be contained in any model home which may have been shown to BUYER. However, if such substitu- tion is of any consumer product as that term is defined In the Magnason -Moss Warranty Act, the warranty for the substituted pro- duct shall be made available to BUYER. (D) Buyer covenants and agrees that during the course of construction of the Improvements to be located herein, the Seller may at his sole option change the plans and specifications of construction of improvements and in such event Buyer shall have the sole option to cancel this contract and receive a full refund of the earnest money deposited hereunder. Provided, that if Buyer ac. cepts such change Buyer shall have the obligation to proceed with closing as herein provided. The above shall constitute the sole remedy of Buyer In the event of a change In the plans and specif ications and muss be exercised prior to closing at which time such option shall In all things be considered waived. (E) Buyer and Seller covenant and agree that pursuant to the plans and specifications certain allowances have been established for inclusion of items in the improvements being constructed by Seller. Seller agrees that to the extent such Items have not been installed or ordered at the time of execution of 11115 Agreement, Buyer shall be entitled to select such decorator items. Buyer covenants and agrees that to the extent any of Buyer's selections exceed the allowance set forth in the plans and specifica- tions, Buyer will pay such sums in cash to Seller immediately upon request or being billed for the same. The parties further covenant and agree that Buyer shall not be entitled to make any changes at all in the structure. IV. Seller agrees to furnish to BUYER an Owner's Policy of Title Insurance, issued by a title insurance company of Seller's choice authorized to do business in Texas, insuring the title in BUYER in the amount of the purchase price, subject to the mortgage Ilen above described and other matters affecting title as hereinafter set forth. V. BUYER agrees to close through AUSTIN TITLE and CONSUMMATE THIS TRANSACTION WITHIN FIVE (5) BUSINESS DAYS AFTER THE IMPROVEMENTS HAVE BEEN COMPLETED OR THE LOAN IS APPROVED, WHICHEVER IS LATER. In the event the commitment for the issuance of the policy of title Insurance contains an exception other than those exceptions contained in the standard printed excepllons and public utility easements, restrictions, or exceptions approved and accepted by Buyer, closing shall be extended for up to thirty (30) days, when this contract, at BUYER'S option may terminate and all earnest money returned to BUYER, without offset, which remedy shall be BUYER'S sole and only remedy in such event. In the event, however, that BUYER shall tail to (1) execute any and all forms and/or legal instruments necessary to consummate this transaction, and (2) to consummate this transaction within 1195 (5) days after BUYER has been given written notice from SELLER, by certified mail addressed to the address of BUYER contained herein, to the effect that SELLER is ready to close, then such failure shall be considered to be a default by BUYER and shall entitle SELLER to terminate this contract without further notice and SELLER shall be entitled to retain all earnest money deposited by BUYER for and as liquidated damages. VI. It Is agreed by the parties that the responsibility and obligation for the as follows: • SELLER'S expenses: Preparation of the Deed, Owner's Title Policy In charged by the closing institution; discount points not to exceed BUYER'S expenses: , payment of expenses in connection with closing shall be t, e�amount of the sales price; one -half of any escrow fee PA, points, and the appraisal lee. prepaid Items (including but not limited to prepaid interest, haza leery, includin deposits exgegszstio this transaction shall 1, be APPROXIMATELY: prep d insurance and property taxes); all escrow se aid items, pins --PM( and limited dosing—costs—al ,uu1•1•“.,ems nR•FU_R„rPR C••∎•RY GONRTRUGTION PINK- NORTO.OF AOLO TITLE VII. Possession of the premises shall be transferred from SELLER to BUYER upon closing and funding of this transaction. VIII. o U Upon execution of this contract, one copy hereof, together with the sum of $ r� .� shall be deposited with (] - as escrow agent, to hold said contract and sald escrow money until this contract Is closed and consum- ma e , at which time said escrow money wiji Ise paid over to SELLER as a part of the cash down payment above provided for Addi tional earnest money In the amount of $ shall be deposited with escrow agent on or before tJ H ,19 k la4 If this contract is not closed, however, then said agent shall deliver said escrow money in accordance with thls contract. IX. This contract may be terminated by SELLER, without notice, If BUYER attempts to cancel or defaults in any of the obligations to be performed by BUYER, In which case BUYER'S earnest money shall be retained by SELLER as liquidated damages. In the event that a bona fide dispute shall arise between BUYER and SELLER prior to the closing, and notification to the other party has been given In writing, whether such dispute concerns boundaries, purchase price, the construction of the Improvements, or any matter relating to the interpretation of this contract, and If such bona fide dispute cannot in good faith be resolved completely to the satisfaction of both parties within ten (10) days after notice In writing o such dispute has been given, and prior to closing, then SELLER shall have the right upon written notice to BUYER to terminate this contract. In the event of such termination by SELLER, SELLER must return all earnest money to BUYER and, In addition, pay to BUYER the sum of TWO HUNDRED FIFTY AND N01100 DOLLARS ($250.00), which the parties herenow agree to be a reasonable estimate of the damages, if any, Incurred by BUYER, the ac• tual damages, if any, being difficult, if not impossible, to ascertain at the time of the signing of this contract. Upon such termination for such reason, no cause of action shall accrue to or on behalf of BUYER, and SELLER shall have no further right or obligation whatsoever under this contract. X. It is understood and agreed by the parties that SELLER makes no warranties, express or implied, whatsoever, except for such warranties as are described In the Limited Warranty Home Warranty Agreement as contained in the warranty so entitled prepared by Home Buyer's Warranty Corporation, to which reference is herenow made for all purposes, It being understood that SELLER shall In no event be liable for any consequential damages of any nature whatsoever. The parties hereto recognize that the Home Buyer's Warranty Agreement provides In part that the owner and the builder may contract for additional standards or requirements In addition to those warranties agreements and standards contained in said Home Buyer's Warranty Agreement, however, it is understood and agreed by the parties that no such additional standards or re. qulrements have been agreed upon and no such additional standards or requirements are effective with respect to this contract. BUYER acknowledges receipt of the Disclosure of Insulation Certificate, a copy of which is attached hereto as an exhibit and included herein by reference for all purposes. BUYER acknowledges that such disclosure has been given by SELLER in conformity with FTC regulations and that SELLER In giving such disclosure Is relying solely on information provided by the Insulation company as set forth In the attached disclosure statement. BUYER acknowledges and agrees that the same does not in any way constitute a representation or warranty by SELLER. xl. During the performance of the construction of any of the Improvements contemplated hereby, title in and to said real property above described together with Improvements placed thereon shall remain In SELLER. XII. It is understood and agreed that fsenrree Ci 4 ThO C"iY1t 'i , a licensed real estate broker of the State of Texas was he procuring cause of tills contract, and DOYLE WILSON BUILDER, INC. agrees to pay to said broker, a real estate commission of , Vol j e ,t % of the selling price as above set forth, which payment shall be made In cash at closing. Pursuant to the Real state Licensing Statute of Texas, the agents above listed herenow inform BUYER In writing the BUYER should either cause an Abstract of Title to this property to be examined by an attorney of his choice or else he should procure or be furnished with a policy of title insurance. By his execution of this contract, BUYER acknowledges receipt of this notification. XIII. No consent or waiver, expressed or implied, by either party to this contract to or of any breach or default by the other in the per formance of any obligation hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default by any such party hereto. XI V. • In the event of conflict between the provisions of this contract, the plans and specifications of the model house, if any, or of the HBW warranty, it is understood and agreed that the provisions of the HBW warranty shall prevail over all other documents, and the provisions of this contract shall prevail over the plans and specifications. 'XV. This agreement shall not be effective until acceptance In writing by SELLER. Receipt of earnest money by a sales represem tative does not constitute acceptance of this contract by SELLER. xvI. This contract and the exhibits hereto constitute the entire agreement between the parties hereto with respect to all matters and all prior negotiations, representations and agreements, If any, by SELLER or SELLER'S agents, representatives or employees, or by any real estate agent, not incorporated herein are hereby cancelled. This written contract may be modified or amended only by a written Instrument duly executed by all of the parties to this contract. xvII. Exclusion: Purchaser understands that shrubbery, furnishings, refrigerators, deepfreezes, clothes washers and dryers, decorator wall coverings, floor coverings, decorator paint colors, mirrors, plant•ons and all other personal property being used in display homes are for display purposes only and are not included in this sale. XVIII. This contract shall Inure to the benefit of and be binding upon the partles hereto and their respective successors and assigns. Time Is of the essence of this Agreement. By: Special Provisions: 1 _ C Y F W i l l be re-St0 d 6r t Cleat-Iy id�� ttif'iable. ui -- h"tn 7 days Of' � c{p, Of +his cont-rac . X lo-i- is nO+ r3.S repri?seni buyer may Ghee - another to-: EXECUTED THIS ;2‘, DOYLE ILSON BUIL By: Selling Agent' ESCROW A ENT xlx. day of Atx3 , 191 Date of Acceptance: 0 rr6 Option Deposit in the Amount of $ Deposited with D.W. Builder on Receipt of earnest money in the amount of $ Is hereby acknowledged: / ff SSa / A SSy BUYER / ( 1 — oi 0 0Z Buyer's address (( C � IITT 1 Y STATE ZIP OUCER'S PHONE NUMBERS (H) MNITE -BALE .TEEN-ONYER CANARY- CONSTRUCTION PINE MORTOAOE 00/0-TITLE aholit, H OM ES 5000 Plaza on the Lake, Suite 150, Austin,Texas 78746 5121327 -7886 ESCROW SALES CONTRACT DOYLE WILSON BUILDER, INC., hereinafter called "Sal r, ", a ees to sell and convey to Ja tAn'9 .5. A sD sftnJ K r i / rI IA Sr, l (_ hereinafter cal fed "Buyer," who agrees to buy from seller upon the terms, covenants, agreements and considerations expressed herein and for the price herein stipulated the following described real properly, hereinafter called "Property," with the im- provements J� thereon or to a c, r:- structed thereo as 1011 ws: LotT lock: + , Addition: ��0OLS 0 Y l.rC , Section In County, Texas, locally known as "' LQpna VL (Street Address) Fanruv1 The improvements constructed or to be constructed on the above described real property b constructed In accordance with,SELLER'S plans and specifications as applicable to SELLER'S plan or Model No. .L y which shall be con. structed in accordance with the "APPROVED STANDARDS" (set forth and attached to the LIMITED WARRANTY HOME WARRANTY AGREEMENT), a copy of which is attached hereto and made part hereof, to which reference is herenow made for all purposes. II. The total sales price which SELLER agrees to accept and BUYER agrees to pay is as set forth below, which shall be paid and secured to be paid as follow: Total Sales Price $ 1.3 9, 3 Down Payment (Including earnest money deposits) I / $ 6 y b c y I Amount of Mortgage Loan, if any (at leafs) Type, N ar s) Loan t✓ $ 13Z.3 ✓ ?� �? r);a f" "b � r t rY 1 ' j v I a on o !~e At the closing as herein provided, Buyer shall pa e s own aym nl portion of he rc ase out of funds available to him, a f2 and the balance of said total sales price shall be paid out of the proceeds of a loan to be secured by BUYER in the amount of and upon the terms hereinbefore stipulated, said loan to be closed at the same time this transaction is closed. The loan proceeds shall pu vr5 be paid over to the SELLER as a part of the consideration for the sale, and SELLER agrees to reserve in favor of the lending institu- P mi. Lion all necessary Vendor's Liens to secure said lendor in the advancement of such funds. BUYER agrees that he will make diligent efforts to secure such loan, applying for same within five (5) business days after the execution of this contract, making any and all necessary applications and furnishing any and all necessary credit reports and in all other respects cooperating in attempting 10 secure such loan. In the event BUYER Is unable to secure a loan in the above amount within a reasonable time, from an acceptable lending Institution and at the rate shown above, then at BUYER'S option this contract shall become null and void and BUYER shall no longer be bound by the terms hereof, and all sums paid by BUYER to SELLER as earnest money, or otherwise, shall be returned to BUYER, less any costs and expenses actually incurred as a result of the placement of the loan application, Including, but not limited to, appraisal fees, costs of credit reports, survey costs, and the cost of preparing blueprints. In the event failure to obtain such loan is due to BUYER'S misrepresentation, failure to cooperate, or failure to proceed diligently, the earnest money shall be forfeited as li. quidaled damages and this contract shall be terminated Immediately. It Is agreed by the parties, that notwithstanding any other pro- vision of this contract to the contrary, SELLER shall have the option to terminate said contract If BUYER has not obtained a commit. ment for the above described loan within forty -five (45) business days from the date of execution of this contract for any cause or reason, and in such event SELLER shall return to BUYER all sums paid by BUYER to SELLER, less any costs and expenses actually incurred as if SELLER had been unable to obtain a loan without fault or misrepresentation. III. (A) SELLER agrees to diligently pursue completion of construction of the above described improvements, and to complete same within a reasonable period of time. However, any delays which may occur due to unforeseen events such as acts of God, incle- ment weather, strikes, unavailability of materials, delays in receiving materials, labor shortages, delays caused by governmental regulations, and other delays beyond the control of SELLER, shall operate as an excuse from timely completion of the construction contemplated herein. (B) In the event of unavailability of materials, or cost increases, SELLER shall have the right to substitute materials, equip. menl and appliances of substantially equal quality for those specified in SELLER'S plans and specifications and the approved standards, or those which may be contained In any model home which may have been shown to BUYER. However, if such substitu- tion is of any consumer product as that term is defined In the Magnason -Moss Warranty Act, the warranty for the substituted pro- duct shall be made available to BUYER. (D) Buyer covenants and agrees that during the course of construction of the Improvements to be located herein, the Seller may al his sole option change the plans and specifications of construction of improvements and in such event Buyer shall have the sole option to cancel this contract and receive a full refund of the earnest money deposited hereunder. Provided, that if Buyer ac- cepts such change Buyer shall have the obligation to proceed with closing as herein provided. The above shall constitute the sole remedy of Buyer In the event of a change in the plans and specifications and must be exercised prior to closing at which time such option shall in all things be considered waived. (E) Buyer and Seller covenant and agree that pursuant to the plans and specifications certain allowances have been established for inclusion of Items In the improvements being constructed by Seller. Seller agrees that to the extent such items have not been installed or ordered at the time of execution of this Agreement, Buyer shall be entitled to select such decorator items. Buyer covenants and agrees that to the extent any of Buyer's selections' exceed the allowance set forth In the plans and specifica- tions, Buyer will pay such sums in cash to Seller Immediately upon request or being billed for the same. The parties further covenant and agree that Buyer shall not be entitled to make any changes at all in the structure. IV. Seller agrees to furnish to BUYER an Owner's Policy of Title Insurance, Issued by a title Insurance company of Seller's choice authorized to do business In Texas, insuring the title In BUYER in the amount of the purchase price, sub(ect to the mortgage lien above described and other matters affecting title as hereinafter set forth. V. BUYER agrees to close through AUSTIN TITLE and CONSUMMATE THIS TRANSACTION WITHIN FIVE 51 BUSINESS DAYS AFTER THE IMPROVEMENTS HAVE BEEN COMPLETED OR THE LOAN IS APPROVED, WHICHEVER IS LATER. In the event the commitment for the Issuance of the policy of title insurance contains an exception other than those exceptions contained in the standard printed exceptions and public utility easements, restrictions, or exceptions approved and accepted by Buyer, closing shall be extended for up to thirty (30) days, when this contract. at BUYER'S option may terminate and all earnest money returned to BUYER, without offset, which remedy shall be BUYER'S sole and only remedy In such event. In the event, however, that BUYER shall fail to (1) execute any and all forms andfor legal Instruments necessary to consummate this transaction, and (2) to consummate this transaction within five (5) days after BUYER has been given written notice from SELLER, by certified mall addressed to the address of BUYER contained herein, to the eflect that SELLER is ready to close, then such failure shall be considered to be a default by BUYER and shall entitle SELLER to terminate this contract without further notice and SELLER shall be entitled to retain all earnest money deposited by BUYER for and as liquidated damages. VI. It is agreed by the parties that the responsibility and obligation for the payment of expenses in connection with closing shall be as follows: SELLER'S expenses: Preparation of the Deed, Owner's Title Polic t 1 unt of the sales price; one -half of any escrow fee charged by the closing institution; discount points not to excee points, and the appraisal fee. BUYER'S expenses: Survey costs; any lender Inspection fees; photographs; private mortgage Insurance required by any lender; all usual and customary closing costs, including loan application fees, origination fees and other expenses incident to such loan, including prepaid Items (including but not limited to prepaid 'interest, hazard insurance and property taxes); all escrow deposits required by lender; and attorney's fees for preparation of the Note, Deed of Trust, and Mortgagee's Title Policy. These $k s t t Ls trensAtion shall be APPROXIMATELY: peepai - .yams, plus PMI and. limited closing costs of NNIT■ -tAke , nEEN -BUYER ''CANARY - CONSTRUCTION PINk MORTGAGE GOLD - TITLE Vu. Possession of the premises shall be transferred from SELLER to BUYER upon closing and funding of this transaction. VIII. exec lion of this contract, one copy hereof, together with the sum of $ ISOa shall be deposited with as escrow agent, to hold said contract and Bald escrow money until this contract is closed and consum- mated, at • hich time said escrow money wi I ald over to SELLER as a part of the cash down payment aboveprovided t ddi- tional earnest money in the amount of $ shall be deposited with escrow agent on or before .11 r , 7119 P , . If this contract Is not closed, however, then sai agent shall deliver said escrow money in accordance with this contract. Ix. This contract may be terminated by SELLER, without notice, If BUYER attempts to cancel or defaults in any of the obligations to be perlormed by BUYER, In which case BUYER'S earnest money shall be retained by SELLER as liquidated damages. In the event that a bona fide dispute shall arise between BUYER and SELLER prior to the closing, and notification to the other party has been given in writing, whether such dispute concerns boundaries, purchase price, the construction of the Improvements, or any matter relating to the Interpretation of this contract, and If such bona Ilde dispute cannot In good faith be resolved completely to the satisfaction of both parties within ten (10) days after notice in writing of such dispute has been given, and prior to closing, then SELLER shall have the right upon written notice to BUYER to terminate this contract. In the event of such termination by SELLER, SELLER must return all earnest money to BUYER and, in addition, pay to BUYER the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS 5250.00), which the parties herenow agree to be a reasonable estimate of the damages, if any, incurred by BUYER, the ac- tual damages, if any, being difficult, if not Impossible, to ascertain at the time of the signing of this contract. Upon such termination for such reason, no cause of action shall accrue 10 or on behalf of BUYER, and SELLER shall have no further right or obligation whatsoever under this contract. X. It Is understood and agreed by the parties that SELLER makes no warranties, express or implied, whatsoever, except for such warranties as are described In the Limited Warranty Home Warranty Agreement as contained In the warranty so entitled prepared by Home Buyer's Warranty Corporation, to which reference Is herenow made for all purposes, it being understood that SELLER shall in no event be liable for any consequential damages of any nature whatsoever. The parties hereto recognize that the Home Buyer's Warranty Agreement provides In part that the owner and the builder may contract for additional standards or requirements In addition to those warranties agreements and standards contained in said Home Buyer's Warranty Agreement, however, It is understood and agreed by the parties that no such additional standards or re- quirements have been agreed upon and no such additional standards or requirements are effective with respect to this contract. BUYER acknowledges receipt of the Disclosure of Insulation Certificate, a copy of which is attached hereto as an exhibit and included herein by reference for all purposes. BUYER acknowledges that such disclosure has been given by SELLER in conformity with FTC regulations and that SELLER in giving such disclosure Is relying solely on information provided by the insulation company as set forth in the attached disclosure statement. BUYER acknowledges and agrees that the same does not In any way constitute a representation or warranty by SELLER. XI. During the performance of the construction of any of the improvements contemplated hereby, title in and to said real property above described together with Improvements placed thereon shall remain in SELLER. XII. It is understood and agreed that G. En r ei la . ( 1110 r n � .n d r . a licensed real estate broker of the State of Texas was lope rclsur g cause of thi c ontract, anIVDOYLE WILSON BUILDER, INC. agrees to pay to said broker, a real estate commission of C� t e- % of the selling price s above set forth, which payment shall be made in cash at closing. Pursuant to the Real Estate Licensing Statute of Texas, the agents above listed herenow inform BUYER In writing the BUYER should either cause an Abstract of Title to this property to be examined by an attorney of his choice or else he should procure or be furnished with a policy of title Insurance. By his execution of this contract, BUYER acknowledges receipt of this notification. Xul. No consent or waiver, expressed or implied, by either party to this contract to or of any breach or default by the other in the per- formance of any obligation hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default by any such party hereto. XIV. In the event of conflict between the provisions of this contract, the plans and specifications of the model house, if any, or of the HBW warranty, it is understood and agreed That the provisions of the HBW warranty shall prevail over all other documents, and the provisions of this contract shall prevail over the plans and specifications. xv. This agreement shall not be effective until acceptance in writing by SELLER. Receipt of earnest money by a sales represen- tative does not constitute acceptance of this contract by SELLER. XVI. This contract and the exhibits hereto constitute the entire agreement between the parties hereto with respect to all matters and all prior negotiations, representations and agreements, if any, by SELLER or SELLER'S agents, representatives or employees, or by any real estate agent, not Incorporated herein are hereby cancelled. This written contract may be modified or amended only by a written Instrument duly executed by all of the parties to this contract. XVII. Exclusion: Purchaser - understands that shrubbery, furnishings, refrigerators, deep - freezes, clothes washers and dryers, decorator wall coverings, floor coverings, decorator paint colors, mirrors, plant -ons and all other personal property being used in display homes are for display purposes only and are not included in this sale. XVIII. This contract shall Inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Time is of the essence of this Agreement. xl lo Special Provisions: .6 „. •u t 1 h' 1 341 — 1'hast it � c � ir , n p +2, elas Y�c Z. �y-ei eck 00 } o «d ;n 4r1 eeInr e. y- , b po nor.n�l A�,��`s t losi COsts fp6 w;tswti 19 P° Pf�cp ; � S v1 1 tcl ct cloS;r 5 190 Rs tel o,�a, 11•14-1 s qr "0-•1 r of e-105; rlq _ BUVe r k 1 Olc r — , Q V c rrirnl EXECUTED THIS - 1 day of "✓I1/ 19 S 1 L 0 c DOYLE WILSEA 4UILDt�R,lyw. r 1� By: ^ SELLER Dale of Acceptance: Option Deposit in the Amount of $ Deposited with D.W. Builder on Receipt of earnest money In the amount of $ is hereby acknowledged: By; ESCROW AGENT / ' �� CITY ZIP Selling Agent Kg f. (/ fo NO 041 (11) / UYE PHONE NUMBERS STATE /SAO ss# 5;,2 P 7 BU R ss# - O i`l1 Buyer's address ,MITI -aeLE! OREEN -OUYIN - CONSTRUCTION PINK MORTOA0. SOLD-TITLE VI H O M E S 5000 Plaza on the Lake, Suite 150, Austin,Texas 78746 5121327 -7886 ESCROW SALES CONTRACT DOYLE WILSON BUILDER, INC., hereinafter called "Seller, ", agrees to sell and convey to _Mg r k. A. &of.-1 r f� hereinafter called "Buyer," who agrees to buy from seller upon the terms, covenants, agreements and considerations expressed herein and for the price herein stipulated the following described real property, hereinafter called "Property," with the im- provements located thereon o to s apg,struct d thereon as follows: e g A F Y IoU1S � I el k �i �— t Tk lh j,JL ' B lock: "4 Ad rtl - 1"r 191 S 0'S ` g rJS 1,1 CI tL . Section• — I J E vv V In Lett . nCounty, Texas, locally known as anti, I CO Eft (Street Address) I. Pt AD The Improvements constructed or to be constructed on the above described real propatx shall be In accordance with SELLERS plans and specifications as applicable to SELLERS plan or Model No. Y�I G which shall be con- structed in accordance with the "APPROVED STANDARDS" (set forth and attached to the LIMITED WARRANTY HOME WARRANTY AGREEMENT), a copy of which is attached hereto and made part hereof, to which reference Is herenow made for all purposes. II. The total sales price which SELLER agrees to accept and BUYER agrees to pay is as set forth below, which shall be paid and secured 10 be paid as follow: 7 Q � Total Sales Price 1.Z.. 7. . 9.5. . —3. . g3I p /I $ iz , gjj Down Payment (Including earnest money deposits) $ 'OM Am nt off Morr1 Loa (iyt�any (at .*_% L L,� r �, ��/�V/j!/ ✓(j / gtrfetti p fN. $ ^ y rj pMl �'t li 1/ 0 t i l b Ji3.6fa years) Loan Type CoA }/)p $ � o f C�S m At the c osin I rovided, u all al the c s n ( ayment rti n o e urc a se t o1 fun s a v ffrable and the balance of said total sales price shall be paid out of the proceeds of a loan to be secured by BUYER in the amount of and upon the terms hereinbefore stipulated, said loan to be closed at the same time this transaction is closed. The loan proceeds shall be paid over to the SELLER as a part of the consideration for the sale, and SELLER agrees to reserve in favor of the lending institu- tion all necessary Vendor's Liens to secure said lendor in the advancement of such funds. BUYER agrees that he will make diligent efforts to secure such loan, applying for same within five (5) business days after the execution of this contract, making any and all necessary applications and furnishing any and all necessary credit reports and In all other respects cooperating in attempting to secure such loan. In the event BUYER is unable to secure a loan in the above amount within a reasonable time, from an acceptable lending institution and at the rate shown above, then at BUYER'S option this contract shalt become null and void and BUYER shall no longer be bound by the terms hereof, and all sums paid by BUYER to SELLER as earnest money, or otherwise, shall be returned to BUYER, less any costs and expenses actually incurred as a result of the placement of the loan application, including, but not limited to, appraisal lees, costs of credit reports, survey costs, and the cost of preparing blueprints. In the event failure to obtain such loan is due to BUYER'S misrepresentation, failure to cooperate, or failure to proceed diligently, the earnest money shall be forfeited as li- quidated damages and this contract shall be terminated immediately. II is agreed by the parties, that notwithstanding any other pro- vision of thls contract to the contrary, SELLER shall have the option to terminate said contract if BUYER has not obtained a commit- ment for the above described loan within forty -five (45) business days from the date of execution of this contract for any cause or reason, and in such event SELLER shall return to BUYER all sums paid by BUYER to SELLER, less any costs and expenses actually incurred as if SELLER had been unable to obtain a loan without fault or misrepresentation. 111. (A) SELLER agrees to diligently pursue completion of construction of the above described improvements, and to complete same within a reasonable period of time. However, any delays which may occur due to unforeseen events such as acts of God, incle- ment weather, strikes, unavailability of materials, delays in receiving materials, labor shortages, delays caused by governmental regulations, and other delays beyond the control of SELLER, shall operate as an excuse from timely completion of the construction contemplated herein. (0) In the event of unavailability of materials, or cost Increases, SELLER shall have the right to substitute materials, equip- ment and appliances of substantially equal quality for those specified in SELLER'S plans and specifications and the approved standards, or those which may be contained in any model home which may have been shown to BUYER. However, if such substitu- tion is of any consumer product as that term is defined in the Magnason -Moss Warranty Act, the warranty for the substituted pro. duct shall be made available to BUYER. (D) Buyer covenants an agrees that during the course of construction of the improvements to be located herein, the Seller may at his sole option change the plans and specifications of construction of improvements and in such event Buyer shall have the sole option to cancel this contract and receive a full refund of the earnest money deposited hereunder. Provided, that if Buyer ac- cepts such change Buyer shall have the obligation to proceed with closing as herein provided. The above shall constitute the sole remedy of Buyer in the event of a change in the plans and specifications and must be exercised prior to closing at which time such option shall In all things be considered waived. ' (E) Buyer and Seller covenant and agree that pursuant•to the plans and specifications certain allowances have been established for inclusion of items in the Improvements being constructed by Seller. Seller agrees that to the extent such items have not been installed or ordered at the time of execution of this Agreement, Buyer shall be entitled to select such decorator items. Buyer covenants and agrees that to the extent any of Buyer's selections exceed the allowance set forth in the plans and specifica ttons, Buyer will pay such sums in cash to Seller immediately upon request or being billed for the same. The parties further covenant and agree that Buyer shall not be entitled to make any changes at all in the structure. Iv. Seller agrees to furnish to BUYER an Owner's Policy of Title Insurance, issued by a title Insurance company of Seller's choice authorized to do business in Texas, Insuring the title in BUYER in the amount of the purchase price, subject to the mortgage lien above described and other matters affecting title as hereinafter set forth. V. BUYER agrees to close through AUSTIN TITLE and CONSUMMATE THIS TRANSACTION WITHIN FIVE (5) BUSINESS DAYS AFTER THE IMPROVEMENTS HAVE BEEN COMPLETED OR THE LOAN IS APPROVED, WHICHEVER IS LATER. In the event the commitment for the issuance of the policy of title Insurance contains an exception other than those exceptions contained in the standard printed exceptions and public utility easements, restrictions, or exceptions approved and accepted by Buyer, closing shall be extended for up to thirty (30) days, when this contract, at BUYER'S option may terminate and all earnest money returned to BUYER, without offset, which remedy shall be BUYER'S sole and only remedy in such event. In the event, however, That BUYER shall fall to (1) execute any and all forms and/or legal instruments necessary to consummate this transaction, and (2) to consummate this transaction within five (5) days after BUYER has been given written notice from SELLER, by certified mall addressed to the address of BUYER contained herein, to the effect that SELLER is ready to close, then such failure shall be considered to be a default by BUYER and shall entitle SELLER to terminate this contract without further notice and SELLER shall be entitled to retain all earnest money deposited by BUYER tor and as liquidated damages. VI. It is agreed by the parties that the responsibility and obligation for the payment of expenses in connection with closing shall be as follows: - - - - - SELLER'S expenses: Preparation of the Deed, Owner's Title Polictbi t unt of the sales price; one -half of any escrow fee charged by the closing institution; discount points not to exceed I O points, and the appraisal fee. BUYER'S expenses: - -- - -• -- _ - - - - - - an I-I.er; a .: • - - : - = ees;eNginer ten- feesandaWerexpenses-inciden - osuch- lox', including prepaid items (including but not limited to Prepaid interest, hazard Insurance and property taxes); all escrow deposits required by lender, . - - - - - These $xppRSRa shall be APPROXIMATELY: prepaid Items, WHITE-SAAB" GREEN -BUYER CANARY- CONSTRUCTION PINK - MORTGAGE GOLD -TITLE VII. Possession of the premises shall be transferred from SELLER to BUYER upon closing and funding of this transaction. VIII. f 8 ' UAOn execution of his contract, one copy hereof, together with the sum of $ shall deposited with Y I IS, c S c rr as escrow agent, to hold said contract and said escrow money until this contract is closed and consum- mated, at which time said escrow money i I b paid over 10 SELLER as a part of the cash down payment a ve provided Ic Atldt- Ronal earnest money in the amount of $ , shall be deposited with escrow agent on or before / L., 19 IF41. .11 this contract is not closed, however, then said gent shall deliver said escrow money in accordance with t contract. IX. This contract may be terminated by SELLER, without notice, if BUYER attempts to cancel or defaults in any of the obligations to be performed by BUYER, in which case BUYER'S earnest money shall be retained by SELLER as liquidated damages. In the event That a bona fide dispute shall arise between BUYER and SELLER prior to the closing, and notification to the other party has been given in writing, whether such dispute concerns boundaries, purchase price, the construction of the improvements, or any matter relating to the Interpretation of This contract, and 11 such bona fide dispute cannot In good faith be resolved completely to the satislaction of both parties within len (10) days atter notice in writing of such dispute has been given, and prior to closing then SELLER shall have the right upon written notice to BUYER to terminate this contract. In the event of such termination by SELLER, SELLER must return all earnest money to BUYER and, in addition, pay to BUYER the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS ($250.00), which the parties herenow agree to be a reasonable estimate of the damages, if any, incurred by BUYER, the ac- tual for such reason, no cause of if not shall accrue Impossible, or behalf of BUYER, the have no Upon such termination right or obligation whatsoever under this contract. x. It is understood and agreed by the parties that SELLER makes no warranties, express or implied, whatsoever, except for such warranties as are described in the Limited Warranty Home Warranty Agreement as contained in the warranty so entitled prepared by Home Buyer's Warranty Corporation, to which reference is herenow made for all purposes, it being understood that SELLER shall in no event be liable for any consequential damages of any nature whatsoever. The parties hereto recognize that the Home Buyer's Warranty Agreement provides in part that the owner and the builder may contract for additional standards or requirements In addition to those warranties agreements and standards contained in said Horne Buyer's Warranty Agreement, however, it is understood and agreed by the parties that no such additional standards or re- quirements have been agreed upon and no such additional standards or requirements are effective with respect to this contract. BUYER acknowledges receipt o1 the Disclosure of Insulation Certificate, a copy of which is attached hereto as an exhibit and included herein by reference for all purposes. BUYER acknowledges that such disclosure has been given by SELLER in conformity with FTC regulations and that SELLER In giving such disclosure is relying solely on information provided by the insulation company as set forth in the attached disclosure statement. BUYER acknowledges and agrees That the same does not in any way constitute a representation or warranty by SELLER. XI. During the performance of the construction of any of the improvements contemplated hereby, title in and to said real property above described together with improvements placed thereon shall remain in SELLER. �^�� (� ��L x11.) M If is understood and agreed that � .Y>_fL1LllME- —L t -�'- [� a licensed real estate broker of the State of Texas was the c ing cause of this contract, and DOYLE WILSON BUILDER, INC. agrees to pay to said broker, a real estate commission of /o of the selling price as above set forth, which payment shall be made in cash at closing. Pursuant to the Real Estat Li ensing Statute of Texas, the agents above listed herenow inform BUYER in writing the BUYER should either cause an Abstract of Title to this property to be examined by an attorney of his choice or else he should procure or be furnished with a policy o1 title insurance. By his execution of This contract, BUYER acknowledges receipt of this notification. XIII. No consent or waiver, expressed or Implied, by either party to this contract to or of any breach or default by the other in the per- formance of any obligation hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default by any such party hereto. Xlv. In the event of conflict between the provisions of this contract, the plans and specifications of the model house, if any, or of the HBW warranty, it Is understood and agreed that the provisions of the HBW warranty shall prevail over all other documents, and the provisions of this contract shall prevail over the plans and specifications. Xv. Thls agreement shall not be effective until acceptance in writing by SELLER. Receipt of earnest money by a sales represen- tative does not constitute acceptance of this contract by SELLER. Xvl. This contract and the exhibits hereto constitute the entire agreement between the parties hereto with respect to all matters and all prior negotiations, representations and agreements, it any, by SELLER or SELLER'S agents, representatives or employees, or by any real estate agent, not incorporated herein are hereby cancelled. This written contract may be modified or amended only by a written Instrument duly executed by all of the parties to this contract. XVII. Exclusion: Purchaser understands that shrubbery, furnishings, refrigerators, deep•freezes, clothes washers and dryers, decorator wall coverings,' floor coverings, decorator paint colors, mirrors, plant -ons and all other personal property being used in display homes are for display purposes only and are not Included In this sale. XVIII. This contract shall Inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Time is of the essence of this Agreement. �� ,,�� Lxlx eclat Provisions: Li '{ is. 9k's'ix Fb Cunn 9 w-. - 3Lo3 s & cl l d-i 1i:s n cat EXECUTED HIS DOYLE WI % ` UILD /,i. Date of Acceptance: Option Deposit in the Am nt of Deposited with D.W. Builder on C Receipt of earnest money in the amount of $ 50 Is hereby apknowle ed: By' f J I'n•1r'14_. �50 A Selling Agent: e Y0. l 11 r 1 fS nytrni- u ¢cr scA t I na- hul^1rl tot., ,$.ki _ aSlo a'l b c`IOO°.a U ,Ivv�r, rs .rt r itn5N-d'n P r I rl 't "" c � . (. ,1�.5. BuW oSivlJ -L Lois Ltl1- 10�Ettecten Lclowv LAJ /cl.I1Ni'Y SI 'i ig - Of; (7L 153 byl by C.LI 7ljvlicirk `s / IS 1 5dn • Y 1 IL ' T{,l,q BUYE' WHITE- SALE, GREEN -MUTER CANARY - CONSTRUCTION FINN - MORTGAGE GOLD -TITLE Buyer's address (36 O 3- a.s L-O/ LILd Al 3/ (ev yl 'SP ONE /3Z SA (H) �� v CITY OF ROUND ROCK, TEXAS C.+ CITY COUNCIL MEETING THURSDAY, SEPTEMBER 25, 1986, 6:00 P.M. CITY COUNCIL CHAMBER 216 EAST MAIN STREET COUNCLTMRMRERS Mike Robinson, Mayor Mike Heiligenstein, Mayor Pro-tem Glenn King Pete Correa Ronnie Jean Charles Culpepper Trudy L. Lee AGENDA 1. CALL WORK SESSION TO ORDER - 6:00 P.M. 2. ROLL CALL 3. WORK SESSION: A. Consider a presentation by a Department of Highways and Public Transportation representative. B. Consider a presentation concerning possible new City stationery. C. Consider a presentation concerning updating of Frontiers. D. Committee Reports. E. City Manager's Report. F. Council Comments. 4. EXECUTIVE SESSION: A. Executive Session as authorized by Article 6252 -17, Section 2, Subsection (3), Vernon's Texas Civil Statutes - Discussion relating to pending litigation, personnel matters and land acquisition. 5. CALL TO ORDER - 7:00 P.M. 6. ROLL CALL 7. APPROVAL OF MINUTES: Regular Meeting of September 11, 1986. 8. CITIZENS COMMUNICATIONS 9. PROCLAMATIONS: A. Consider a proclamation concerning Dental Hygiene Week. 10. PUBLIC HEARINGS: A. Consider public testimony concerning the proposed 1986 -87 budget. B. Consider public testimony concerning rezoning of the Oaklands, Section 2 from multi - family to a Planned Unit Development. 11. ORDINANCES: A. Consider an ordinance adopting the 1986 -87 budget. (Second Reading) B. Consider an ordinance setting the 1987 tax rate. (Second Reading) C. Consider an ordinance amending the Traffic Code to change speed zones and add various stop signs. (Second Reading) D. Consider an ordinance changing the City holiday schedule. (First Reading) E. Consider an ordinance amending the Zoning Ordinance by rezoning the Oaklands Section 2 from multi - family to a Planned Unit Development. (First Reading) F. Consider an ordinance revising the 1985 -86 budget. (First Reading) 12. APPOINTMENTS: A. Consider appointments to the Sister City Committee. B. Consider appointments to the Transportation Task Force. 13. RESOLUTIONS: A. Consider a resolution authorizing the Mayor to enter into an agreement with NPC to accept prepayment of regional detention fees in the Chandler Creek Basin. B. Consider a resolution authorizing the expenditure of $25,000 for the Small Business Incentive Loan Program. C. Consider a resolution authorizing the Mayor to enter into a water contract with MUD #2. D. Consider a resolution authorizing the Mayor to enter into a land lease agreement with MKT Railroad. E. Consider a resolution authorizing the Mayor to execute a vacation of right of way dedication document. 14. DISBURSEMENTS 15. OLD BUSINESS 16. NEW BUSINESS 17. ADJOURNMENT CERTIFICATE I certify that the above notice of regular City Council meeting was posted on the bulletin board at the City Hall of the City of Round Rock, Texas, on the 22nd day of September, 1986, at 5:00 P.M.