Loading...
R-10-05-05-4A - 5/5/2010RESOLUTION NO. R -10-05-05-4A WHEREAS, the City of Round Rock ("City") has previously entered into a Contract for Sale with Jimmy Nassour ("Contract") for the purchase of 43.0538 acres of land located near the intersection of Sunrise Road and University Boulevard, and WHEREAS, the City Council now wishes to enter into a First Amendment to the Contract to modify certain terms and conditions, 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 First Amendment to Contract For Sale, a copy being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 5th day of May, 2010. 0)-h ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00191425.DOC/rmc FIRST AMENDMENT TO CONTRACT FOR SALE EXHIBIT „All THIS FIRST AMENDMENT TO CONTRACT FOR SALE (this "Amendment") is made to be effective as of the day of , 2010, by and between JIMMY NASSOUR or his assigns or nominee ("Seller"), and THE CITY OF ROUND ROCK, TEXAS, a Texas Home Rule�� City ("Purchaser") (Seller and Purchaser sometimes collectively referred to herein as the "Parties"). Recitals A. The Parties entered into that certain Contract for Sale dated effective March 10, 2010 (the "Contract"), pursuant to which Purchaser agreed to purchase from Seller certain real property located in Williamson County, Texas, such real property being more particularly described therein. B. The Parties now desire to amend the Contract as hereinafter set forth. Amendment For and in consideration of the premises and the mutual covenants and agreements hereinafter made, and for other good and valuable consideration, the receipt and sufficienc of which are hereby acknowledged, Seller and Purchaser hereby agree as follows: y 1. Inspection Period. Notwithstanding Parties hereby agree that the "Inspection Period" under anything to the contrary in the Contract, the Inspection Period shall be extended to expire on August 16, 2010, and all references to the Ins p under the Contract shall mean the period expiring on such date. 2. Miscellaneous. a. All terms and conditions of the Contract not expressly modified by this Amendment shall remain in full force and effect, and, in the event of any inconsistencies between this Amendment and the terms of the Contract, the terms set forth in this Amendment shall govern and control. Except as expressly amended hereby, the Contract shall remain in full force and effect as of the date thereof. b. This Amendment may be executed in one or more counterparts which shall be construed together as one document. For purposes of the execution hereof, telecopied signatures may be treated as originals. c. This Amendment (i) shall be binding upon and shall inure to the benefit of each of the Parties and their respective successors, assigns, receivers and trustees; (ii) may be modified or amended only by a written agreement executed by each of the Parties; and (iii) shall be governed by and construed in accordance with the laws of the State of Texas. 1 EXECUTED by the Parties to be effective as of the date first above written. Date executed by Seller: 2010 PURCHASER: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Date executed by Purchaser: , 2010 2 FIRST AMENDMENT TO CONTRACT FOR SALE THIS FIRST AMENDMENT TO CONTRACT FOR SALE (this "Amendment") is made to be effective as of the `it` day of tui , 2010, by and between JIMMY NASSOUR or his assigns or nominee ("Seller"), anHE CITY OF ROUND ROCK, a Texas Home Rule City ("Purchaser") (Seller and Purchaser sometimes collectivelyref EXAS, herein as the "Parties"). erred to Recitals A. The Parties entered into that certain Contract for Sale dated effective March 10, 2010 (the "Contract"), pursuant to which Purchaser agreed to purchase from Seller certain al property located in Williamson County, Texas, such real property being more particularlydescribed therein. B. The Parties now desire to amend the Contract as hereinafter set forth. Amendment For and in consideration of the premises and the mutual covenants and a eemen hereinafter made, and for other good and valuable consideration, the receipt and sufficiencyis which are hereby acknowledged, Seller and Purchaser hereby agree as follows: of 1. Inspection Period. Notwithstanding anything to the contrary in the Contract th Parties hereby agree that the Inspection Period" under the Contract shall be extended to ' e August 16, 2010, and all references to the Inspection Period under the Contract shall expire hn mean th period expiring on such date. e 2. Miscellaneous. a. All terms and conditions of the Contract not expressly modified by this Amendment shall remain in full force and effect, and, in the event of any inconsistencie this Amendment and the terms of the Contract, s between the terms set forth in this Amendment shall govern and control. Except as expressly amended hereby, the Contract shall remain in full force as of the date thereof. and effect b. This Amendment may be executed in one or more counterparts which shall be construed together as one document. For purposes of the execution hereof, telecopied be treated as originals.pled signatures c. This Amendment (i) shall be binding upon and shall inure to the benefit of each of the Parties and their respective successors, assigns, receivers and trustees•ii modified or amended only by a written agreement executed by each of the Parties; and(iii)) may be governed by and construed in accordance with the laws of the State of Texas. shall be EXECUTED by the Parties to be effective as of the date first above written. SELLER: Ji Nas our, or assigns Date executed by Seller: MAL) 4 - PURCHASER: , 2010 CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Date executed by Purchaser: N, 2