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20-Zoning; Public Hearing
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08-24-2009
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20-Zoning; Public Hearing
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8/23/2012 7:48:44 AM
Creation date
8/21/2009 5:54:36 PM
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CITY CLERK
Doc Name
20
Doc Type
Agenda
CITY CLERK - Date
8/24/2009
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Article 7- Taxes, Prorations, and Brokerage <br />7.1 Costs and Prorations. Seller shall pay the following Closing costs: <br />Seller's attorney's fees, the basic premium for the Title Policy, one-half (1/2) of the Closing fee <br />charged by the Title Company, and any other costs of Seller specified elsewhere in this <br />Agreement. Buyer shall pay the following Closing costs: the cost of any endorsements to the <br />Title Policy, Buyer's attomey's fees, the cost to record the Deed, one-half (1/2) of the Closing <br />fee charged by the Title Company, any costs associated with Buyer's financing of the acquisition <br />of the Property, and any other costs o f Buyer s pecified e lsewhere in this Ag reement. Any <br />Closing costs not specifically allocated above or elsewhere in this Agreement shall be allocated <br />in accordance with usual and customary practice in the locality of the Property, provided, if no <br />usual or customary practice exists, such other costs will be borne equally by the parties. <br />7.2 Prorations. The income and expenses of the Properly will be prorated as <br />of the Closing Date and the Purchase Price will be adjusted on the following basis: <br />a. Accounts Pavable. All sums due for accounts payable by <br />Seller which were owing or incurred by the Property prior to the Closing Date will be <br />paid by Seller. Buyer will furnish to Seller any bills for such period received after the <br />Closing Date for payment, and Buyer will have no further obligation with respect thereto. <br />All accounts payable by the owner of the Property incurred on and after the Closing Date <br />will be paid by Buyer. <br />b. Taxes. All real property ad valorem taxes assessed against <br />Seller and the Property for all years preceding the year in which Closing occurs, any <br />rollback taxes imposed on the Property for periods preceding the Closing Date, and any <br />matured and unmatured installments of special assessments with respect to the Property, <br />shall be paid by Seller. The real properiy taxes for the year in which Closing occurs shall <br />be prorated on a calendar year and per diem basis as of the Closing Date, and Seller <br />agrees to a ccept a s a credit against the Purchase Price t he portion attributable to the <br />period prior to the Closing Date. Buyer agrees to pay all real property taxes for the year <br />in which Closing occurs and subsequent years. <br />c. Method of Proration. In the event that the apportionments <br />hereinabove provided for result in a credit balance to the Buyer, such sum shall be <br />applied against the Purchase Price at the Closing. In the event the apportionments <br />hereinabove provided result in a credit balance to the Seller, such credit balance shall be <br />added to the Purchase Price payable at Closing. <br />d. Adtustment. If any adjustments pursuant to this Section 7.2 <br />are, subsequent to Closing, found enoneous, then either party hereto who is entitled to <br />additional monies may invoice the other party for such additional amounts as may be <br />owing, and such amount shall be paid within ten (10) days from receipt of this invoice. <br />This covenant shall survive the Closing. <br />7.3. Brokerage. With the exception of Lone Star Realty ("Broker"), who has <br />represented Seller, each party (the "Indemnifying Party") represents and warrants to the other <br />that it has not dealt with any real estate brokers or other third parties in connection with the <br />transaction embodied herein who are entitled to be compensated for brokerage services and the <br />Indemnifying Party agrees to indemnify and hold the other harmless from and against any claim, <br />GADOCS\ZWA\S&.N'aris\Purchase Contract-1doc <br />-6- <br />--lg/ <br />
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