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CM-2018-1782 - 6/13/2018FIRST AMENDMENT TO THE CONTRACT FOR SALE OF REAL PROPERTY BETWEEN THE CITY OF ROUND ROCK AND TOMM LLC THIS FIRST AMENDMENT- TO THE CONTRACT FOR SALE OF REAL PROPERTY BETWEEN THE CITY OF ROUND ROCK AND TOTKN, LLC (the "First Amendment") is dated and entered into to be effective June 13, 2018, by and between the City of Round Rock, Texas, a home rule municipal corporation, (the "Seller") and TOTKN, LLC a Texas limited liability company, ("Purchaser"). WHEREAS, on the 17th day of April, 2018, Seller and Purchaser previously entered into a Contract for Sale of Real Property (the "Contract"); and WHEREAS, the partes wish to amend certain terms and provisions in the Contract, NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are hereby conclusively acknowledged, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: ARTICLE 1 DEFINITIONS All terms used herein shall have the meanings assigned to them in the Contract, unless the context clearly requires otherwise. ARTICLE II AMENDMENT TO SEC. 5.01 Section 5.01 of the Contract is hereby amended to read as follows: 5.01 Subject to the Purchaser's Conditions for Closing (as defined in Section 3.01 above) being satisfied, the closing will be held at the offices of the Title Company, Texas on or before June 29, 2018 (herein referred to as the "Closing Date"), but the parties may mutually agree in writing for closing at a different date, time and/or place. ARTICLE II MSCELLANEOUS 2.1 To the extent necessary to effect the terms and provisions of this First Amendment, the Contract is hereby amended and modified. In al other respects, the aforesaid Contract is hereby ratified and confirmed. First amendment to Contract, 6-11-18 (00402907)(RK) 5.2 This First Amendment may be executed in counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed as of the day and year first above written. SELLER CITY OF ROUND ROCK, TEXAS By: Laurie Hadley, City anagen 221 East Main Street Round Rock, Texas 78664 Date: • 13� PURCHASER TOTKN, LLC, a Texas limited liability company BY: 7 �� Jamei Michael Farr, Manager 1011 Westland Ridge Road Dripping Springs, Texas Date: 112-