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CM-2018-1783 - 6/27/2018SECOND AMENDMENT TO THE CONTRACT FOR SALE OF REAL PROPERTY BETWEEN THE CITY OF ROUND ROCK AND TOTKN, LLC THIS SECOND AMENDMENT TO THE CONTRACT FOR SALE OF REAL PROPERTY BETWEEN THE CITY OF ROUND ROCK AND TOTKN, LLC (the "Second Amendment") is dated and entered into as of the 28th day of June, 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 parties 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 11 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 July 13, 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 MISCELLANEOUS 2.1 To the extent necessary to effect the terms and provisions of this Second Amendment, the Contract is hereby amended and modified. In all other respects, the aforesaid Contract is hereby ratified and confirmed. 00402907.DOCX 11 M-7 Al f -tl Vp, 5.2 This Second 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 Second Amendment to be duly executed as of the day and year first above written. SELLER CITY OF ROUND ROCK, TEXAS Laurie Hadley, City Mana r 221 East Main Street Round Rock, Texas 78664 Date: 6.27 w _- PURCHASER TOTKN, LLC, a Texas limited liability company By - James Michael Far , Manager I011 Westland Ridge Road Dripping Springs, Texas Date„ (-0 1'z 8,1 ( W -_