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R-12-07-26-G1 - 7/26/2012 k { P 3 RESOLUTION NO. R-12-07-26-G1 WHEREAS, the City desires to purchase a tract of land described as Lot 13, Block 22, Original Plat of the City of Round Rock, and WHEREAS, the owners of the Property, have agreed to sell said Property to the City, Now Therefore r 1 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, 14 Real s Estate Contracts with the heirs of Cecilio B. Gonzales and Jesusa G. Gonzales, for the purchase of the 5 above described Property, copies of said Real Estate Contracts being attached hereto as Exhibits "A" 1 through "N" and incorporated herein for all purposes. t The City Council hereby finds and declares that written notice of the date, hour, place and f 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 26th day of July, 2012. 1 ALAN MCGRAW, Mayor City of Round Rock, Texas t `s 3 ATTEST: SARA L. WHITE, City Clerk t f i r O:\wdox\SCC 1 n1s\0I 12\1204\MLJNIC 1P AL\002543 77.DOC/rmc REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between MARY GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I y PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas y together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND N0/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. :EXHIBIT ll 00252826.doc r ARTICLE III r PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). R Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 F ARTICLE IV k CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (4501) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the"closing date"). Seller's Obligations 4.02 At the closing Seller shall: i (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the s Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments,and restrictions, except for the following: s (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; k P (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and x (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing,Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 t t z k E- Closing Costs r 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters,if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER x 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance or trespassers; E (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 i ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to } the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII a BREACH BY SELLER x 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X NUSCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 i Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not € be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County,Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 E {Z k: Gender F 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. F Dated this day of 52012. SELLER: By: k Mary Gonzal s j F 3 PURCHASER: CITY OF ROUND ROCK,TEXAS By: Alan McGraw,Mayor 221 E. Main Street Round Rock,Texas 78664 Attest: For City,Approved as to Form: Sara White, City Clerk Stephan L. Sheets, City Attorney 7 E d t i RECEIPT s Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate {: check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 1' 3; t t 3. 7 a` i 8 r E REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between GONZALO GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of r record in Cabinet A, Slide 190, Plat Records of Williamson County, ' Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, E Texas r together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- 4 of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions, and conditions set forth below. f ARTICLE II PURCHASE PRICE Amount of Purchase Price E x 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX ; HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). m Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. : EXHIBIT 00252904.doc -,B Y ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that °s the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so,this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 k Y [¢C e i'. rcp i ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45tH) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations S 4.02 At the closing Seller shall: a (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements,assessments, and restrictions,except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; x (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and : (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. y Purchaser's Obligations F 4.03 At the Closing,Purchaser shall pay the cash portion of the purchase price. F 4 Prorations i 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid E by Seller. s 3 4 S 4 . s c i e t Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the E Property shall be borne and paid as follows: t Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; { Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. g 3 j ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer,as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (e) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 k t r 4 gf A s ARTICLE VII ESCROW DEPOSIT j 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. s ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except P Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. s ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. d ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 r z Survival of Covenants a S 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 I Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. s Dated this J� day of TU L `� 2012. a SELLER: B y- �- Gonzfifo Gonzales F PURCHASER: CITY OF ROUND ROCK, TEXAS w A By: Alan McGraw,Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For City,Approved as to Form: Sara White, City Clerk Stephan L. Sheets,City Attorney 3 z 4 7 i 1 i s RECEIPT Receipt of[] copy of Contract and [] $100 Earnest Money in the form of a corporate check is acknowledged. r Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: r ,Escrow Agent if 4 i Y t �s 7 Y I t f T { k F, f E:. 8 t i REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between SANTOS GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, i (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. F ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: r Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the F' southeast line of E liberty Avenue, Round Rock, Williamson County, Texas f f together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this k Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions,and conditions set forth below. g' ARTICLE I1 PURCHASE PRICE q t. Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). a' Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. EXHIBIT 00252900.doc „C„ k ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). 1 n Preliminary Title Commitment 3 3.02 Within twenty-one (2 1) days after the date of execution of this Contract, Seller,at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth c in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In q the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and } void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, £" agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 �i a ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45th) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the"closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments,and restrictions, except for the following: e (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof;and } x z i (iii) Any exceptions approved by Purchaser in writing. r (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations } 4.03 At the Closing,Purchaser shall pay the cash portion of the purchase price. F Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. r A } 3 } Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. f ARTICLE V REPRESENTATIONS OF SELLER Q 5.01 Seller represents and warrants to Buyer,as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; { (c) Seller is not aware of any material physical defects to the Property; P (d) Seller is not aware of any environmental hazards or conditions that affect the Property; z (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. F ARTICLE VI REAL ESTATE COMMISSIONS x 6.01 No broker has been involved in the negotiation and consummation of this Contract. x 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller.in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the j right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. i 5 i Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply i 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. i Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any g reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and fi supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 1 10.08 Time is of the essence in this Contract. t E` 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. i Dated thisIn�day of , 2012. x SELLER: By: Santos Gonza t s a w c c t k c �i t 8 PURCHASER: } CITY OF ROUND ROCK,TEXAS By: Alan McGraw,Mayor 221 E. Main Street Round Rock, Texas 78664 ` p' t 4 Attest: For City,Approved as to Form: 1' Sara White, City Clerk Stephan L. Sheets, City Attorney r. F. 7 '> RECEIPT Receipt of[] copy of Contract and [] $100 Earnest Money in the form of a corporate check is acknowledged. Date: t Texas American Title Company 715 Discovery Boulevard, Suite 205 z Cedar Park Texas, 78613 By: ,Escrow Agent f k 8 REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between JOE GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as"Purchaser"), upon the terms and conditions set forth in this Contract. i ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: r Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, h Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions,and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 1- 2.02 The Purchase Price shall be paid in cash at the closing. EIBIT f. 00252901.doc n s ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller,at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the 5 Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 1 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (451') day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the"closing date"). Seller's Obligations E 4.02 At the closing Seller shall: 2 4 (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: r (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof,and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. . a (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing,Purchaser shall pay the cash portion of thepurchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 a Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters,if any,paid by Seller; Attorney's fees paid by each respectively. i ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property,or any part of it; c Seller is not aware of an material physical defects to the Property; ( ) Y pY � p Y> Y (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used,for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or E containers;and i (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. E 4 r ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. i ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except If Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. E r 5 t Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States'mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound f 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. g Prior Agreements Superseded ` 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties f respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 r Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. Dated this 9Ad day of .11 2012. F i SELLER: By: f� /?7 ,, �ZE'�' Joe G ales k. t1 e k PURCHASER: CITY OF ROUND ROCK,TEXAS t By: s, Alan McGraw,Mayor 221 E. Main Street Round Rock,Texas 78664 z` Attest: For City,Approved as to Form: Sara White, City Clerk Stephan L. Sheets, City Attorney x 7 r RECEIPT Receipt of[] copy of Contract and [] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent r f G t f a' i } t �r i t j f 8 t REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between YOLANDA GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terns and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and a agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas { s together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this €' Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price e 2.02 The Purchase Price shall be paid in cash at the closing. e EXHIBIT f 00252909.doc "En ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (2 1) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. U 1 2 ' 3 j; ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45tH) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the"closing date"). Seller's Obligations i 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions,except for the following: O General real 1 a estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. x s (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations k g: G 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 3 t [F L Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. k ARTICLE V } REPRESENTATIONS OF SELLER t 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: r (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance,or trespassers; 4: 1' (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; d k (d) Seller is not aware of any environmental hazards or conditions that affect the Property; a (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or z contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. : 4 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to s its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, f cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01' In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except € Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and f Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. e Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. l Dated this day o ,2012. SELLER: i 1 By. o da Gonza t k 1� DEWW L DAVIS iA MY COMMISSION EXPIRES � M24 4,7016 t PURCHASER: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For City,Approved as to Form: r Sara White,City Clerk Stephan L. Sheets, City Attorney r 7 E RECEIPT Receipt of[J copy of Contract and [] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas,78613 By: ,Escrow Agent { } « x y j' 5 k' 8 F REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between PAUL RICHARD GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price ' 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. EIBIT 00252907.doe „ ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment f 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by f copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that t the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so' this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost s' and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water F courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and' r shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. x 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45`h) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: { (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements,assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof;.and } (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing,Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing t shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. t 3 F- Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters,if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; is (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Q Property; k (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 f ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the.Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except t Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as } liquidated damages for the failure of Purchaser to perform the duties, liabilities, and g obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X R MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller., r 5 Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County,Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. i Prior Agreements Superseded 3 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. E f 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this 5,6 day of J_ � , 2012. SELLER: By �. 9@'Mchard donza es PURCHASER: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor { 221 E. Main Street Round Rock, Texas 78664 Attest: For City,Approved as to Form: f Sara White, City Clerk Stephan L. Sheets, City Attorney t r: 7 RECEIPT Receipt of[] copy of Contract and [] $100'Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between MARGARET GONZALES PEREZ (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND N0/100 DOLLARS ($4,615). $ Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. t EIBIT 00252896.doc „ G ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water A courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or beforethe forty-fifth (45th) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions,except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense,issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of ' Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. x Purchaser's Obligations 4.03 At the Closing,Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters,if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. k t ARTICLE VI REAL ESTATE COMMISSIONS 4 6.01 No broker has been involved in the negotiation and consummation of this Contract. { 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. w 4 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any lights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County,Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. Dated this day f , 2012. SELLER: Y. i argaret Gon es Perez PURCHASER: CITY OF ROUND ROCK, TEXAS By: Alan McGraw,Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For City,Approved as to Form: Sara White, City Clerk Stephan L. Sheets,City Attorney x x 7 R k RECEIPT Receipt of 0 copy of Contract and [] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent E 8 REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between JOAN GONZALES SANCHEZ (referred to in this Contract as "Seller") and the CITY OF'ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as"Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions,and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. EXHIBIT 00252905.doc �� II H ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45") day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the"closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements,assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof;and (iii) Any exceptions approved by Purchaser in writing. {b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations f 4.03 At the Closing, Purchaser shallpay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. Y 3 Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. t ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. F 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 r ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however,that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the.manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 k r Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. i Parties Bound f 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties k respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 K Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. Dated this day of ,2012. SELLER: B Joan Gonzales Sanchez hxAs PURCHASER: CITY OF ROUND ROCK,TEXAS By: Alan McGraw,Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For City,Approved as to Form: Sara White,City Clerk Stephan L. Sheets, City Attorney 7 E t t 1 RECEIPT Receipt of[] copy of Contract and [] $100 Earnest Money in the form of a corporate k check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent a a L 4 } S 6 `t f!g 2 E�E t { y� I 1 44{ 1 ! i 1 S j( i i 8 I i i REAL ESTATE CONTRACT State of Texas § § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between CANDELARIA GONZALES OWEN (referred to in this Contract as "Seller") and the CITY OF ROUND R ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. E' ARTICLE I PURCHASE AND SALE L i 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, 4 Texas,being more particularly described as follows: g r Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas I together with all and singular the rights and appurtenances pertaining to the property, Q including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this 1 Contract as the "Property"), together with any improvements, fixtures, and personal j property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions,and conditions set forth below. ARTICLE II PURCHASE PRICE i i Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. EXHIBIT a 00252906.doc "I" r ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment x 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the f Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. k f 3.04 Seller shall have performed, observed, and complied with all of the covenants, { agreements, and conditions required by this Contract to be performed, observed, and F complied with by Seller prior to or as of the closing. r t 2 t x x ARTICLE IV CLOSING ' 4.01 The closing shall be held at the Title Company on or before the forty-fifth (4511) { day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the"closing date"). s Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments,and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (...) Any exceptions approved by Purchaser in writing. f: (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by 4 Purchaser, and the standard printed exceptions contained'in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaserpossession of the Property. Purchaser's Obligations 4.03 At the Closing,Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. . F 3 Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: t (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 x ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should'fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. t ARTICLE X MISCELLANEOUS Assignment of Contract F L 10.01 This Contract may not be assigned without the express written consent of Seller. 5 i } t: Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed k received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound S 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction R 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. s 6 t' i- W i e 3 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. 4 Dated this 2day of a& ) ,2012. SELLER: By CandelariaGes d { b f PURCHASER: CITY OF ROUND ROCK, TEXAS By: Alan McGraw,Mayor 221 E. Main Street p Round Rock, Texas 78664 Attest: For City,Approved as to Form: Sara White, City Clerk Stephan L. Sheets, City Attorney F 7 I I i t 3 RECEIPT 4 Receipt of[] copy of Contract and [] $100 Earnest Money in the form of a corporate check is acknowledged. Date: 1j 1 Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent S } X k k } f F 8 M1 s i REAL ESTATE CONTRACT State of Texas § § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between MARY CHRISTINE GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. i ARTICLE I PURCHASE AND SALE i 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions,and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. EXHIBIT nJn 00252908.doc i ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to.easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45th) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof;and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Properly subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing,Purchaser shall pay the cash portion of thepurchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 3 s s Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters,if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER s 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (1) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or " contaminants of any nature now exist or have ever existed on the Property. k ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. f 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 r r ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER f 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. d ARTICLE X MISCELLANEOUS t° z Assignment of Contract f 10.01 This Contract may not be assigned without the express written consent of Seller. 5 Survival of Covenants 10.02 Any,of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded i 10.07 This Contract constitutes the sole and only agreement of the parties and j supersedes any prior understandings or written or oral agreements between the parties ' respecting the within subject matter. i a Time of Essence 10.08 Time is of the essence in this Contract. S i 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. Dated this day of-,�CL-VA e-- ,2012. SELLER: By: . M ry Chri tine Gonzale y 4 } PURCHASER: CITY OF ROUND ROCK, TEXAS f By: Alan McGraw,Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For City,Approved as to Form: Sara White, City Clerk Stephan L. Sheets, City Attorney 7 j t I RECEIPT Receipt of[] copy of Contract and [] $100 Earnest Money in the form of a corporate check is acknowledged.. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 i REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between STEVEN GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. EE:XHIBIT 00252902.doc n t ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain fiom Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water z courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (451n) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the"closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interestint e Property, free and clear of any and all liens, encumbrances, conditions, easements,assessments, and restrictions,except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing,Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 i Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; i (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. s; 4 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER i 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS F Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. i 5 } Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded f 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 3 5 t Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this L40 day of u n Q/ ,2012. SE LER: By: St en Gonzales i r t PURCHASER: CITY OF ROUND ROCK,TEXAS By: Alan McGraw,Mayor 221 E. Main Street Round Rock,Texas 78664 Attest: For City,Approved as to Form: j Sara White, City Clerk Stephan L. Sheets, City Attorney 7 RECEIPT Receipt of[] copy of Contract and [] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent z 8 r I REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between MICHAEL GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of TWO THOUSAND, THREE HUNDRED, SEVEN AND NO/100 DOLLARS ($2,307). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. EXHIBIT 00252898.doc "I," i ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45tH) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the"closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing,Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the _ latest assessed valuation.All special taxes or assessments to the closing date shall be paid by Seller. 3 f Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; f b Seller has complied with all applicable laws ordinances regulations, and F restrictions relating to the Property,or any part of it; (c) Seller is not aware of any material physical defects to the Property; x (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or x containers; and y 3 (t) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS w g 6.01 No broker has been involved in the negotiation and consummation of this Contract. rt 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller ' agrees to indemnify and hold harmless Buyer from any claims for these commissions. ; 4 4`- i' ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller_ shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X ' a MISCELLANEOUS i Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. `z d i 5 Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County,Texas. G Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 4 Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and s supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 a Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. Dated this 6/ day of l , 2012. SELLER: By. K� Michael Gonzalesf PURCHASER: CITY OF ROUND ROCK,TEXAS By: Alan McGraw,Mayor 221 E. Main Street Round Rock,Texas 78664 Attest: For City,Approved as to Form: i Sara White, City Clerk Stephan L. Sheets, City Attorney 7 RECEIPT Receipt of copy of Contract and $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: Escrow Agent 8 REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between CYNTHIA GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of TWO THOUSAND, THREE HUNDRED, SEVEN AND NO/100 DOLLARS ($2,307). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. EXHIBIT limit 00252897.doc ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45") day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the"closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof, and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (e) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fined for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Properly shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County,Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa,unless the context requires otherwise. Dated this day of ,2012. SELLER: By: LyAa Gonzales PURCHASER: CITY OF ROUND ROCK,TEXAS By: Alan McGraw, Mayor 221 E. Main Street Round Rock,Texas 78664 Attest: For City,Approved as to Form: Sara White, City Clerk Stephan L. Sheets, City Attorney 7 RECEIPT Receipt of[] copy of Contract and [] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between CONSUELO GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions, and conditions set forth below. ARTICLE 11 PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FORTY-FOUR THOUSAND, SIX HUNDRED SIXTEEN AND 00/100 DOLLARS ($44,616). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. EXHIBIT 00252899.doc "N" ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller,at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45th) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements,assessments,and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing,Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 1 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof.At the closing,the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price,provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Properly for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract a 10.01 This Contract may not be assigned without the express written consent of Seller. 5 Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this/ S f day 92012. SELLER: By. Consuelo Gonzal PURCHASER: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor 221 E. Main Street Round Rock,Texas 78664 Attest: For City,Approved as to Form: Sara White, City Clerk Stephan L. Sheets, City Attorney 7 s RECEIPT Receipt of[] copy of Contract and [] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 ROUND ROCK,TEXAS City Council Agenda Summary Sheet PURPOSE PASSION.PROSPERITY. Agenda Item No. G1. Consider a resolution authorizing the Mayor to execute fourteen contracts with the heirs of Cecilio B. Gonzales and Jesusa G. Gonzales for the purchase of a tract of land described Agenda Caption: as Lot 13, Block 22 Original Plat of the City of Round Rock. Meeting Date: July 26, 2012 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: Creating an Authentic Downtown is a top priority for the City. Over the past year, downtown Round Rock has seen significant traffic increases in downtown businesses. This resolution will allow for the City to add additional parking choices for our citizens and visitors to the downtown area. This tract is located immediately behind the Star Co. This tract will be combined with lots on either side that the City owns to construct a large parking lot containing approximately 50 spaces. Once this parking lot is completed, this will have a significant positive impact on the downtown parking choices. This agreement will execute fourteen contracts with the heirs of Cecilio B. Gonzales and Jesusa G. Gonzales for the purchase of a tract of land described as Lot 13, Block 22 Original Plat of the City of Round Rock. Cost: $100,000 Source of Funds: General Self-Financed Construction Date of Public Hearing(if required): N/A Recommended Action: Approval EXECUTED ORIGINAL DOCUMENT FOLLOW REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between STEVEN GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252902.doc -zi -GI ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. F Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. Y 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45th) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in t e Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s) paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article I1I, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this day of ju R 92012. SE LER: By: 41 St en Gonzales r PURCHASER: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For City Approved as to Form: Sara White, City Clerk Steph n L. Sheets, City Attorney 7 RECEIPT Receipt of copy of Contract and $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: Escrow Agent it 8 REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between YOLANDA GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252909.doc ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 4 t s z ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (451h) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). F Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 F Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; t Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (1) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 f 3 i ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article 11I, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 Y Survival of Covenants i 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 i i i Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this ` day o , 2012. SELLER: By: o da Gonza DEIQW LDAVIS IN COMMMIOM EXPIRES PURCHASER: CITY OF ROUND ROCK, TEXAS By: 0 / t' t Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For Cift, Approved as, to Form: Sara White, City Clerk Ste an L. Sheets, City Attorney 7 i 3 I RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 i s 3 REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between JOE GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252901.doc ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 3 i i ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45th) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 r i i Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s) paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 r i ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article 11I, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 P i i Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 i Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this day of 12012. SELLER: By: 1 Joe G ales PURCHASER: CITY OF ROUND ROCK, TEXAS By: _j i i 6 Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For ity Approved to Form: Sara White, City Clerk ep n L. Sheets, City Attorney 7 RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 . f i REAL ESTATE CONTRACT y State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between SANTOS GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252900.doc i E t ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 g s ARTICLE IV CLOSING 4 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45`h) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). } i Seller's Obligations i 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof, and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 i s s }9} 5 Closing Costs Y 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 3 Owner's Title Policy paid by Seller; f I Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 i ARTICLE VII ESCROW DEPOSIT G 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 t i Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not ' be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this day of , 2012. SELLER: By: SakGonza PURCHASER: CITY OF ROUND ROCK, TEXAS By: V i + Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: Fo ity, Approved as to Form: h Sara White, City Clerk SNhan L. Sheets, City Attorney 7 3' S RECEIPT z Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate check is acknowledged. E Date: e Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 i REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between MARY GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND NO/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252826.doc �-'1-4- 01--,2-bbl g S 1 f E ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (2 1) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 i f i ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (451h) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date"). g Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations l 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid 1 by Seller. i ,a } 3 i Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V i REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; F' f (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; s' (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Y Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and � (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. s 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 2 4 i a } i ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article fI1, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER i 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER r 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. Sk 5 5 n Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice E 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this day of , 2012. SELLER: g i By: Mary GonzalOs {, s t PURCHASER: CITY OF ROUND ROCK, TEXAS By. M Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For Ci ,Approved as to Form: E Sara White, City Clerk eph Sheets, City Attorney t G 7 3 S RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent k i { 1 { t 8 i 7f E M S REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between GONZALO GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a i Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. f ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252904.doc z. 3 ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations t 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 s s a 3 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45tH) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). r Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 }i[ AL R Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. g ARTICLE V i REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 4: 4: 3 ARTICLE VII ESCROW DEPOSIT i 7.01 For the purpose of securing the performance of Purchaser under the terms and r provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. i ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 k Survival of Covenants ' 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice a 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. 4 6 Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 Gender { 10.09 Words of any gender used in this Contract shall be held and construed to include £ any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. f 1 Dated this Z- day of Ju- L Y 52012. t s i SELLER: I By GonnzVo Gonzales PURCHASER: CITY OF ROUND ROCK, TEXAS By: -9 j Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For City, Approved as to Form: Sara White, City Clerk t han L. Sheets, City Attorney 7 RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 Y f i f r By: ,Escrow Agent 8 4 REAL ESTATE CONTRACT c State of Texas § § County of Williamson § E THIS CONTRACT OF SALE ("Contract") is made by and between PAUL RICHARD GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. 4 ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. "^/ 00252907.doc ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (2 1) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 y ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45th) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 1 Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 3 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, b cannot be satisfied, in the manner and as provided for in Article III, then the Escrow z Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 4 Y F Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. } Notice is 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 i r Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, 3' and vice versa, unless the context requires otherwise. Dated this 516 day of �j�� , 2012. SELLER: i By. aul char onza es PURCHASER: CITY OF ROUND ROCK, TEXAS By: 0?/ Y I Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: FokSte Approved as to Form: Sara White, City Clerk an L. Sheets, City Attorney 7 t t i RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate k check is acknowledged. Date: 4 Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 s By: ,Escrow Agent 8 REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between MARGARET GONZALES PEREZ (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND NO/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252896.doc2 ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45`h) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. } Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 REAL ESTATE CONTRACT State of Texas § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between JOAN GONZALES SANCHEZ (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as"Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252905.doc Cr( ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45th) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof, and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (1) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 f Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this Z, day of 0 92012. SELLER: B t'h- �.Gc���►4c-K� Joan Gonzales Sanchez Cq •'NOTaRy 9,p A2�G . mOP ' •• raos �j n � �17' �/111111111 PURCHASER: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For i , Approved s to Form: GAX L'-AQ'V� Sara White, City Clerk Ste an L. Sheets, City Attorney 7 RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 l REAL ESTATE CONTRACT E State of Texas § § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between CANDELARIA GONZALES OWEN (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. fi 4 ARTICLE I PURCHASE AND SALE s 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252906.doc a ARTICLE III { PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). k Preliminary Title Commitment i 3.02 Within twenty-one (2 1) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by { copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 q i s ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45th) day after the date of execution of this Contract, or at such time, date, and place as Seller E and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: 4 (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 x f Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; 3 Filing fees for deed paid by Seller; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: 1 (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 i F { i { ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser Q shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should'fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 2, 4: 2 k Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. i Notice F t` 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 4 f r 4 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. r X Dated this day of , 2012. SELLER: By c Candelaria Gonzales O n PURCHASER: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For"LSheets, Form: Sara White, City Clerk Attorney 7 4 P: I d r y� F _ y Y RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 6 Cedar Park Texas, 78613 By: ,Escrow Agent 8 4, r REAL ESTATE CONTRACT State of Texas § § County of Williamson § a t THIS CONTRACT OF SALE ("Contract") is made by and between MARY CHRISTINE GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in f this Contract. i ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas,being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms,provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FOUR THOUSAND, SIX HUNDRED FIFTEEN AND 00/100 DOLLARS ($4,615). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252908.doc 1 5 h J ARTICLE III PURCHASER'S OBLIGATIONS € e g Conditions to Purchaser's Obligations 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). 3 i Preliminary Title Commitment } } 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 , s q€g 1 ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (451H) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon(which date is herein referred to as the "closing date"). § 3 Seller's Obligations i 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 f Closing Costs i 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; Survey paid by Purchaser; 3 Filing fees for deed paid by Seller; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 r ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 x Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice E 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 i a Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. s Dated this day of—SU-4A , 2012. 3 i SELLER: By: M ry Chri tine Gonzale PURCHASER: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For i ,Approve as to Form: Sara White, City Clerk Ste han L. Sheets, City Attorney 7 t P R z i s i RECEIPT Receipt of[] copy of Contract and [] $100 Earnest Money in the form of a corporate 4 check is acknowledged.. z Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 z REAL ESTATE CONTRACT State of Texas § § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between MICHAEL 4 GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of TWO THOUSAND, THREE HUNDRED, SEVEN AND NO/100 DOLLARS ($2,307). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252898.doc G-el t 4 5 ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations =: 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment x t 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 r ARTICLE IV 4 CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45th) day after the date of execution of this Contract, or at such time, date, and place as Seller E and Purchaser may agree upon(which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 4' F Owner's Title Policy paid by Seller; Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s) paid by Seller; F Title curative matters, if any,paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 r i ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article 111, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 i • i i 9: Survival of Covenants g E 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. t F. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed f received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 i E Gender E 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Dated this [/ day of�Ja� , 2012. SELLER: B Y• Michael Gonzale PURCHASER: CITY OF ROUND ROCK, TEXAS By: Al Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For Ci , Approved a to Form: Sara White, City Clerk tep L. Sheets,fity Attorney 7 i RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent 8 k yY f r P S REAL ESTATE CONTRACT State of Texas § § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between CYNTHIA GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas E together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of TWO THOUSAND, THREE HUNDRED, SEVEN AND NO/100 DOLLARS ($2,307). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252897.doc �2- Oq �! v r F ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations F 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions k: (any of which may be waived in whole or in part by Purchaser at or prior to the closing). k Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose } offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 i r ARTICLE IV CLOSING 4.01 The closing shall be held at the Title Company on or before the forty-fifth (451H) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 i s Closing Costs f' 4.05 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Seller; } Survey paid by Purchaser; Filing fees for deed paid by Seller; Filing fees for release(s)paid by Seller; Title curative matters, if any, paid by Seller; f Attorney's fees paid by each respectively. ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 fCC S ARTICLE VII ti m ESCROW DEPOSIT G 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow 4 Deposit shall be forthwith returned by the Title Company to Purchaser. g x ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 l Survival of Covenants 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice Y 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. k Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this f Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded x 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties 3 respecting the within subject matter. Time of Essence ' t i 10.08 Time is of the essence in this Contract. 6 L G Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. g Dated this(3D day of , 2012. SELLER: By: Ly is Gonzales 4 L d PURCHASER: f CITY OF ROUND ROCK, TEXAS s By: Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For Cty, Approved Litto rm: Sara White, City Clerk Step an L. Sheets, City Attorney 7 RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate Y check is acknowledged. Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 f By: ,Escrow Agent 4 Y S S i E 8 REAL ESTATE CONTRACT E i State of Texas § § County of Williamson § THIS CONTRACT OF SALE ("Contract") is made by and between CONSUELO GONZALES (referred to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home Rule City with offices located at 221 E. Main St. Round Rock, Texas 78664, (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for all of Seller's interest in a tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 13, Block 22, City of Round Rock, according to the map or plat of record in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, being an approximate 5,625 SF vacant tract of land along the southeast line of E liberty Avenue, Round Rock, Williamson County, Texas together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01 The purchase price for the Property shall be the sum of FORTY-FOUR THOUSAND, SIX HUNDRED SIXTEEN AND 00/100 DOLLARS ($44,616). Payment of Purchase Price 2.02 The Purchase Price shall be paid in cash at the closing. 00252899.doc l is ARTICLE III PURCHASER'S OBLIGATIONS E t Conditions to Purchaser's Obligations f 3.01 The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02 Within twenty-one (21) days after the date of execution of this Contract, Seller, at Seller's sole cost and expense, will obtain from Texas American Title Company, whose offices are located at 715 Discovery Boulevard, Suite 205, Cedar Park Texas, 78613 (the "Title Company") a preliminary title report (the "Title Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser will give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth E in the Title Commitment is or is not satisfactory. In the event that Purchaser states that the condition is not satisfactory, Seller may undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser at or prior to Closing. In the event Seller is unable or unwilling to do so, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Survey 3.03 Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, may, at Purchaser's sole option, cause to be delivered a current plat or survey of the Property, prepared by a duly licensed Texas land surveyor selected by Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. 3.04 Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 2 F ARTICLE IV CLOSING E 4.01 The closing shall be held at the Title Company on or before the forty-fifth (45`h) day after the date of execution of this Contract, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date"). Seller's Obligations 4.02 At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed s' conveying good and indefeasible title in fee simple to all of Seller's interest in the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; F (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and i (iii) Any exceptions approved by Purchaser in writing. 3 (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.03 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.04 General real estate taxes for the then current year relating to the Property shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. 3 l Closing Costs 4.05 All costs and expenses of closing in consummating the sale and purchase of the ; Property shall be borne and paid as follows: F Owner's Title Policy paid by Seller; k Survey paid by Purchaser; Filing fees for deed paid by Seller; } Filing fees for release(s) paid by Seller; q Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. F ARTICLE V REPRESENTATIONS OF SELLER 5.01 Seller represents and warrants to Buyer, as of the closing date, as follows: E (a) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; (b) Seller has complied with all applicable laws, ordinances, regulations, and restrictions relating to the Property, or any part of it; (c) Seller is not aware of any material physical defects to the Property; (d) Seller is not aware of any environmental hazards or conditions that affect the Property; (e) Seller is not aware that the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, or any underground tanks or containers; and (f) Seller is not aware that radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property. ARTICLE VI REAL ESTATE COMMISSIONS 6.01 No broker has been involved in the negotiation and consummation of this Contract. 6.02 All real estate commissions will be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Buyer from any claims for these commissions. 4 ARTICLE VII ESCROW DEPOSIT 7.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Company, the sum of One Hundred Dollars ($100.00), the Escrow Deposit, which shall be paid by the Title i Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER 8.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; or (2) terminate this Contract and request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE IX BREACH BY PURCHASER 9.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01 This Contract may not be assigned without the express written consent of Seller. 5 w E Survival of Covenants k 10.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice 10.03 Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. F Texas Law to Apply 10.04 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound x 10.05 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction 10.06 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.07 This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.08 Time is of the essence in this Contract. 6 Gender 10.09 Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, It and vice versa, unless the context requires otherwise. Dated this/ S T day , 2012. s SELLER: / By: Consuelo Gonzal PURCHASER: CITY OF ROUND ROCK, TEXAS By; —iL?m A Alan McGraw, Mayor 221 E. Main Street Round Rock, Texas 78664 Attest: For i , Approve as to Form: 4�a4—" -6y�: Sara White, City Clerk Ste han L. Sheets, City Attorney 7 RECEIPT Receipt of[] copy of Contract and [ ] $100 Earnest Money in the form of a corporate check is acknowledged. b i Date: Texas American Title Company 715 Discovery Boulevard, Suite 205 Cedar Park Texas, 78613 By: ,Escrow Agent R r 8