R-13-12-05-H1 - 12/5/2013RESOLUTION NO. R -13-12-05-H1
WHEREAS, the City of Round Rock ("City") has previously entered into that certain Real
Estate 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 June 1, 2014, and
WHEREAS, the City Council desires to enter into the Contract Amendment No. 3 which
extends the feasibly period, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City the Contract
Amendment No. 3 with Jerry T. Bradley and Linda L. Bradley, a copy of same being attached hereto
as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 5th day of December, 2013.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1304; 00287571
CONTRACT AMENDMENT NO. 3
Preamble
EXHIBIT
«A„
This Contract Amendment No. 3 is made by and between JERRY T. BRADLEY and
wife, LINDA L. BRADLEY, referred to in this Contract Amendment No. 3 as BRADLEY
(whether one or more), and the CITY OF ROUND ROCK, TEXAS, referred to in this Contract
Amendment No. 3 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
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
WHEREAS, BRADLEY and the CITY entered into a Contract Amendment No. 2 to
extend the feasibility period to November 1, 2013; and
WHEREAS, BRADLEY and the CITY now desire to approve this contract Amendment
No. 3 to provide for the extension of the Feasibility Period to June 1, 2014; 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 agree
as follows:
I. Extension of Feasibility Period
For the consideration expressed herein, BRADLEY and the CITY mutually agree to
amend Section 7.B. of the Contract to read as follows:
B. Feasibility Period. Buyer may terminate this contract for any reason on or
before June 1, 2014 (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.
LINDA L. BRADL Y
DATE: /C
CITY:
9//3
ALAN MCGRAW, MAYOR
DATE:
Attest:
SARA WHITE, CITY CLERK
'ROUND ROCK, TEXAS
PURPOSE. F SSJOR PROSPERITY
City of Round Rock
Agenda Item Summary
Agenda Number: H.1
Title: Consider a resolution authorizing the Mayor to execute Contract
Amendment No. 3 to the Real Estate Contract with Jerry T. Bradley and
wife, Linda L. Bradley.
Type: Resolution
Governing Body: City Council
Agenda Date: 12/5/2013
Dept Director: Steve Sheets, City Attorney
Cost: $3,000.00
Indexes: General Self -Financed Construction
Attachments: Resolution
Department: Legal Department
Text of Legislative File 13-981
The City and the Bradleys first entered into a Real Estate Contract for the purchase of 2.029
acres on July 29, 2012. The parties entered into the first contract amendment to extend the
feasibility period to 120 days after the effective date of the contract. The parties entered into
the Contract Amendment No. 2 to extend the feasibility period to November 1, 2013.
Because of the continued uncertainty caused by Fish and Wildlife's proposal to add
salamanders to the endangered species list, the Bradleys have proposed Contract
Amendment No. 3 to extend the feasibility period to June 1, 2014. Staff recommends that
the Council agree to extend the feasibility period.
COST: $3,000.00
SOURCE OF FUNDS: GENERAL SELF -FINANCED CONSTRUCTION
Staff Recommends Approval.
City of Round Rock Page 1 Printed on 12/3/2013
EXECUTED
ORIGINAL
DOCUMEN1S
FOLLOW
.,
CONTRACT AMENDMENT NO. 3
Preamble
This Contract Amendment No. 3 is made by and between JERRY T. BRADLEY and
wife, LINDA L. BRADLEY, referred to in this Contract Amendment No. 3 as BRADLEY
(whether one or more), and the CITY OF ROUND ROCK, TEXAS, referred to in this Contract
Amendment No. 3 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
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
WHEREAS, BRADLEY and the CITY entered into a Contract Amendment No. 2 to
extend the feasibility period to November 1, 2013; and
WHEREAS, BRADLEY and the CITY now desire to approve this contract Amendment
No. 3 to provide for the extension of the Feasibility Period to June 1, 2014; 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 agree
as follows:
I. Extension of Feasibility Period
For the consideration expressed herein, BRADLEY and the CITY mutually agree to
amend Section 7.B. of the Contract to read as follows:
B. Feasibility Period. Buyer may terminate this contract for any reason on or
before June 1, 2014 (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.
-11A2-05 4ti
LINDA L. BRADL Y
DATE: /C
CITY:
; 1/3
ALAN MCGRAW, MAYOR
DATE: 12'13. �3
Attest:
einAL-.(A4t4k
SARA WHITE, CITY CLERK