R-98-11-12-10G1 - 11/12/1998RESOLUTION NO. R- 98- 11- 12 -10G1
WHEREAS, the City of Round Rock has previously entered into
a real estate contract ( "Contract "), dated April 30, 1998, with
Arnold Telander to purchase approximately ninety -five (95) acres of
land; and
WHEREAS, it has been determined that it is now necessary to
change and amend said Contract to allow an extension of closing
date up to and including December 31, 1998; and
WHEREAS, it has been determined that it is now desirable to
further change and amend said Contract to allow additional
consideration by Purchaser to Seller as an inducement to Seller to
extend the closing date; and
WHEREAS, the attached Supplemental Agreement No. 1 embodies
such agreed changes and amendments; 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 Supplemental Agreement No. 1 to the original
Real Estate Contract, dated April 30, 1998, with Arnold Telander
for purchase of approximately ninety -five (95) acres of property.
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, and the Act.
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ATTEST:
RESOLVED on this 12th day of November, 1998.
E LAND City Secretary
CHARLES PPER, Mayor
City of Round Rock, Texas
2
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL AGREEMENT NO. 1
TO REAL ESTATE CONTRACT
THIS AMENDMENT to the Real Estate Contract is made by and
between Arnold Telander, a single man (referred to hereinafter as
"Seller "), and the City of Round Rock, a Texas Home Rule City
(referred to hereinafter as "Purchaser ").
WHEREAS, Seller and Purchaser executed a Real Estate Contract
(referred to hereinafter as the "Contract ") on or about the 30th
day of the month of April, 1998; and
WHEREAS, Article V of such contract, entitled "CLOSING ",
provides for a closing date two - hundred ten (210) days from the
effective date of such contract; and
WHEREAS, circumstances now require that the closing date be
extended from that original date until a date on or before December
31, 1998; and
WHEREAS, Seller desires to receive additional consideration
from Purchaser for his agreement to so extend the closing date; Now
Therefore
PREMISES CONSIDERED, Seller and Purchaser hereby agree that
said Contract is amended as follows:
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ARTICLE V
CLOSING
Closing Date
5.01. The closing shall be held at
the office of Brown McCarroll Sheets &
Crossfield, L.L.P., 309 E. Main St., Round
Rock, Texas, on or before December 31, 1998,
or at such time, date, and place as Seller and
Purchaser may agree upon (which date is herein
referred to as the "closing date ").
5.O1A. In consideration for Seller
agreeing to extend closing to a date on or
before December 31, 1998, Purchaser agrees
that Seller shall have the option to retain
two (2) existing windmills currently on the
property, and Seller's retention of such
windmills shall be free of charge. Should
Seller exercise this option, he shall remove
the windmills from the Property no later than
thirty (30) days after the closing date.
IN WITNESS WHEREOF, Seller and Purchaser have executed this
Supplemental Agreement No. 1 in duplicate originals.
SELLER:
Arno • Telander
3801 Palm Valley Blvd.
Round Rock, Texas 78664
Date: / "—
2
PURCHASE •:
City of '•ound Rock, Texas
By:
Charles Culp-.p! , Mayor
221 East Main Street
Round Rock, Texas 78664
Date: // -9
DATE: November 6, 1998
SUBJECT: City Council Meeting —November 12, 1998
ITEM: 10.G.1. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 1 to the Real Estate Contract executed Apri130, 1998
with Arnold Telauder for purchase of 95 acres of land. The
Supplemental Agreement extends the closing date up to and including
December 31, 1998, for the multi - purpose/stadium facility and gives
additional consideration to Seller of an option to remove two existing
windmills from the property. Staff Resource Person: Stephan L. Sheets,
City Attorney.