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2018-5894 - 9/13/2018 RESOLUTION NO. 2018-5894 WHEREAS, BEVERLY BAKIR ("Seller") and NL NG, LLC, a Texas limited liability company ("Buyer") entered into the Commercial Contract — Improved Property (as amended, the "Contract") dated as of March 28, 2018, providing for the purchase and sale of the real property and improvements thereto located at 106 N. Mays Street in Round Rock, Texas 78664; and WHEREAS, Buyer desires to assign its interest as Buyer under the Contract to Round Rock Transportation and Economic Development Corporation ("Assignee"); and WHEREAS, Assignee desires to enter into an Assignment of Contract with Buyer, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ROUND ROCK TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION, That the President is hereby authorized and directed to execute on behalf of the Round Rock Transportation and Economic Development Corporation an Assignment of Contract, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Board of Directors 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 13th day of September, 2018. By: Z" CRAIG ORGA , President Round Rock Transportation and Economic Development Corporation ATT JO LOAN, Secretary 01 804;00408967 EXHIBIT ItA„ ASSIGNMENT OF CONTRACT BEVERLY BAKIR ("Seller") and NUNG, LLC, a Texas limited liability company ("Buyer") entered into the Commercial Contract—Improved Property(as amended,the"Contract")dated as of March 28,2018, providing for the purchase and sale of the real property and improvements thereto located at 106 N. Mays Street in Round Rock, Texas 78664, and legally described as follows: Lot 13 and the North one-half of Lot 14, Block 23, CITY OF ROUND ROCK, Williamson County,Texas,according to the map or plat thereof,recorded in Cabinet A, Slide 190, Plat Records of Williamson County, Texas, TOGETHER WITH that portion of a 20 foot wide vacated alley conveyed to Beverly Bakir by the City of Round Rock, Texas, in the Deed Without Warranty recorded in Document No. 9660250 of the Official Records of Williamson County, Texas. Buyer desires to assign its interest as Buyer under the Contract to ROUND ROCK TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION ("Assignee"). THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Buyer and Assignee agree as follows: I. Buyer hereby assigns and transfers to Assignee all of Buyer's rights,title and interest in and to the Contract. 2. Assignee hereby assumes all of Buyer's obligations and duties under the Contract. 3. Assignee agrees to pay to Buyer the earnest money in the amount of$1,000.00 paid by Buyer and on deposit with the title company under the Contract. 4. Buyer shall be relieved of any future liability under the Contract. 5. All capitalized terms not defined herein shall have the same meaning as set forth in the Contract. All other terms and provisions of the Contract shall remain unchanged and the Contract shall continue in full force and effect. [SIGNATURE PAGE FOLLOWS] 21365310v.1 EXECUTED as of August , 2018. BUYER: NUNG,LLC, a Texas limited liability company By Robert N. Lee, Manager ASSIGNEE: ROUND ROCK TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION By Name: Title: Page 2 of 2 Pages 21365310v.1