R-89-1238 - 2/9/1989WHEREAS, on January 30, 1989, the City of Round Rock and the
Austin White Lime Company entered into an agreement for the sale and
purchase of twenty acres of land in Williamson County, Texas, and
WHEREAS, the City and Austin White Lime have mutually agreed to
modify said agreement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor is hereby authorized to execute on behalf of the
City a Modification Agreement attached hereto and incorporated herein
for all purposes.
RESOLVED this 9th day of February, 1989.
ATTEST:
1 111.00 - 14 ii /1L •
C37RESLIME
LAND, City Secretary
RESOLUTION NO. /g3ele-
MIKE ROBINSON, Mayor
City of Round Rock, Texas
J
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
MODIFICATION AGREEMENT
§
§
WHEREAS, by Real Property Contract dated January 30, 1989
(the "Contract "), Austin White Lime Company, a Texas general
partnership as Seller, and the City of Round Rock, Texas, a
home -rule city incorporated under Article XI, Section 5 of the
Texas Constitution as Buyer, entered into an agreement for the
sale and purchase of twenty (20) acres of land out of the J. M.
Harrell Survey, Abstract No. 284, in Williamson County, Texas, a
full and complete description of said Property being incorporated
into the Contract (the "Property "); and
WHEREAS, Seller and Buyer have mutually agreed to modify the
terms of the Contract as hereinafter provided;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Buyer
and Seller, for and in consideration of the premises and the
mutual benefits accruing to each, have agreed and by these
presents do agree as follows:
1. Paragraph 5.01 of the Contract shall be amended to read
as follows:
1989.
"5.01 Closing Date. The purchase and sale of the Property
shall be closed in the offices of the Title Company on or
before March 15, 1989. Buyer may elect to close prior to
March 15, 1989 by delivery of at least three (3) days'
written notice to Seller. If closing has not occurred prior
to March 15, 1989, then closing shall take place at 10:00
a.m. on March 15, 1989."
2. Except as modified herein, all terms, covenants and
conditions of the Contract shall remain in full force and effect.
Executed in multiple counterparts this _ day of
By:
SELLER:
AUSTIN WHITE LIME COMPANY, a Texas
limited partnership
By: ROBINSON ASSOCIATES, a Texas
general partnership General
Partner
By:
By:
BUYER:
A. H. Robinson, III
General Partner
Oscar Robinson
General Partner
CITY OF ROUND ROCK, TEXAS
Its li1AVo .
,/ .
ATTEST:
5- 0189.37
DAVID B. ARMBRUST
FRANK B. BROWN IV
SAMUEL D. BYARS
SHARLENE N. COLLINS
THOMAS JACKSON MORTON
SUE BROOKS LAAS
RICHARD T. SUTTLE, JR.
WAYNE 5. HOLLINGSWORTH
SUZANNE MANN ROACH
KENNETH N. JONES
ROSS M- RATHGEBER
Mr. Steve Sheets
Stephan Sheets & Associates
309 E. Main Street
Round Rock, Texas 78664
Dear Steve:
Enclosures
cc: Melissa Miller
L289 -7.5
ARMBRUST & BROWN, P.C.
ATTORNEYS AT LAW
2600 ONE AMERICAN CENTER
600 CCNGRESS AVENUE
AUSTIN. TEXAS 787013266
(512) 499 -3600
February 2, 1989
FEB 6 RECQ
Very truly yours,
TELECOPIER NUMBER
512 -47B-4496
WRITERS TELEPHONE NUMBER
499 -3607
Re: Modification of Contract between the City of Round Rock
and Austin White Lime Company
Enclosed please find a Modification Agreement, which extends
the date for closing under the referenced Contract to on or before
March 15, 1989. It is my understanding that you and Melissa Miller
previously discussed and agreed to the terms of this Modification
Agreement. If the form of the Modification Agreement meets with
your approval, please have both originals executed by your client,
and then return them to me for signature by Austin White Lime
Company. As always, I appreciate your assistance.
DATE: February 7, 1989
SUBJECT: Council Agenda, February 9, 1989
ITEM: 9I. Consider a resolution authorizing the Mayor to sign
an agreement modifying the contract with Austin
White Lime for the purchase of the Public Works Yard
Site.
STAFF RESOURCE PERSON: Steve Sheets
STAFF RECOMMENDATION: This resolution amends the closing date
of the earnest money contract from January 17, 1989 to
on or before March 15, 1989. Staff recommends approval.
ECONOMIC IMPACT: