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R-12-10-11-K1 - 10/11/2012 x i G RESOLUTION NO. R-12-10-11-K1 WHEREAS, the City of Round Rock ("City") has previously entered into that certain Contract (the "Contract") with Jerry T. Bradley and Linda L. Bradley ("Bradley"), wherein City agreed to acquire approximately 2.029 acres of land, and WHEREAS, the parties wish to extend the Contract feasibility period to November 1, 2013, and WHEREAS, the City Council desires to enter into the Contract Amendment No. 2 which extends the feasibly period,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, t That the Mayor is hereby authorized and directed to execute on behalf of the City the Contract $ Amendment No. 2 with Jerry T. Bradley and Linda L. Bradley, a copy of same being attached hereto i as Exhibit"A" and incorporated herein for all purposes. E The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was 1 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 11th day of October, 2012. i ALAN MCGRAW, Mayor City of Round Rock, Texas r t F ATTEST: t SARA L. WHITE, City Clerk O:\wdox\SCClnts\0112\1204UNUNICIPAL\00259781.DOC EXHIBIT ` „A„ E CONTRACT AMENDMENT NO 2. F Preamble This Contract Amendment No 2 is made by and between JERRY T. BRADLEY and wife, LINDA L. BRADLEY, referred to in this Contract Amendment No. 2 as BRADLEY (whether one or more), and the CITY OF ROUND ROCK, TEXAS, referred to in this Contract Amendment No. 2 as the CITY. Recitals WHEREAS, BRADLEY and the CITY entered into that certain Real Estate Contract (the "Contract") wherein City agreed to acquire approximately 2.029 acres of land from BRADLEY; and k WHEREAS, BRADLEY and the CITY entered into a Contract Amendment to extend the feasibility period to 120 days after the effective date of July 29, 2012; and j WHEREAS,. BRADLEY and the City now desire to approve this Contract Amendment No 2. to provide for the extension of the Feasibility Period to November 1, 2013;NOW THEREFORE F In consideration of the mutual covenants and the consideration recited herein, the sufficiency of which is hereby acknowledged by BRADLEY and the CITY, the parties F agree as follows: I. Extension of Feasibility Period #f fcf o- For the consideration expressed herein, BRADLEY and the CITY mutually agree to amend Section 7.13. of the Contract to read as follows: B. Feasibility Period. Buyer may terminate this contract for any reason on or before November 1, 2013 (feasibility period) by providing Seller written notice of such termination. 4 II. Independent Consideration for this Extension f In consideration for the granting of the aforesaid extension, CITY agrees to pay to E BRADLEY the sum of $3,000. In the event the CITY determines to terminate the Contract as provided above, BRADLEY is entitled to keep the entire $3,000. If the CITY F determines to purchase the Property, the entire $3,000 shall apply to the purchase price. `s The Effective Date for the Contract shall remain July 29, 2012. f t� y1 i Y tt i 259787 1 i. S, i d i JERRY T. BRADLEY s` LINDA L. BRADLEY Date: 6 CITY: Alan McGraw, Mayor Date: Attest: a Sara White, City Clerk 1. i 4 F E y$ A t 3 R S- `r i I s S 2 t E<F D � LLJ u om w0 g x s s CONTRACT AMENDMENT NO 2. Preamble 4 d k This Contract Amendment No 2 is made by and between JERRY T. BRADLEY and wife, LINDA L. BRADLEY, referred to in this Contract Amendment No. 2 as BRADLEY (whether one or more), and the CITY OF ROUND ROCK, TEXAS, referred to in this Contract Amendment No. 2 as the CITY. t Recitals WHEREAS, BRADLEY and the CITY entered into that certain Real Estate Contract (the "Contract") wherein City agreed to acquire approximately 2.029 acres of land from BRADLEY; and WHEREAS, BRADLEY and the CITY entered into a Contract Amendment to extend the feasibility period to 120 days after the effective date of July 29,2012; and E WHEREAS, BRADLEY and the City. now desire to approve this Contract Amendment No 2. to provide for the extension of the Feasibility Period to November 1, 2013;NOW THEREFORE In consideration of the mutual covenants and the consideration recited herein, the sufficiency of which is hereby acknowledged by BRADLEY and the CITY, the parties s agree as follows: I. Extension of Feasibility Period For the consideration expressed herein, BRADLEY and the CITY mutually agree to amend Section 7.13. of the Contract to read as follows: B. Feasibility Period. Buyer may terminate this contract for any reason on or before November 1, 2013 (feasibility period) by providing Seller written notice of such termination. II. Independent Consideration for this Extension In consideration for the granting of the aforesaid extension, CITY agrees to pay to BRADLEY the sum of $3,000. In the event the CITY determines to terminate the Contract as provided above, BRADLEY is entitled to keep the entire $3,000. If the CITY determines to purchase the Property,the entire $3,000 shall apply to the purchase price. The Effective Date for the Contract shall remain July 29, 2012. 259787 -t2, 10 'I�' �l 1 5 Al rte. RR AADLEY E LINDA L. BRADLEY a Date: �2— s CI F. Alan McGraw, Mayor Date: Attest: r k Sara White, City Clerk E r x E C : 2