R-10-08-12-4C - 8/12/2010RESOLUTION NO. R -10-08-124C
WHEREAS, the City of Round Rock ("City") has previously entered into a Contract for Sale
with Jimmy Nassour ("Contract") for the purchase of 43.0538 acres of land located near the
intersection of Sunrise Road and University Boulevard, and
WHEREAS, on the 5h day of May, 2010, the City Council entered into a First Amendment to
the Contract to extend the Inspection Period to August 16, 2010, and
WHEREAS, the City Council wishes to either exercise its option under Section 3.b. of the
Contract to terminate the Contract or to enter into a Second Amendment to the Contract to extend the
Inspection Period to September 15, 2010, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Manager is hereby authorized and directed to give written notice to the Seller
terminating the Contract unless the Seller agrees to extend the Inspection Period to September 15,
2010.
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.
RESOLVED this 12th day of August, 2010.
ry YV-\
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Secretary
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ROUND ROCK, TM City Council Agenda Summary Sheet
PURPOSE, PASSION, PROSPERITY.
Item No. 4C.
Consider a resolution authorizing the extension or termination of the Contract for Sale with
Jimmy Nassour for approximately 43.0538 acres of land located near the intersection of
Agenda Caption: Sunrise Road and University Boulevard.
Date: August 12, 2010
Staff Person making presentation:
Item Summary:
Strategic Plan Relevance:
Cost:
Source of Funds:
Date of Public Hearing (if required): N/A
Recommended Action:
SECOND AMENDMENT TO CONTRACT FOR SALE
THIS SECOND AMENDMENT TO CONTRACT FOR SALE (this "Amendment") is
made to be effective as of the�), day of August, 2010, by and between JIMMY NASSOUR or
his assigns or nominee ("Sel er" and THE CITY OF ROUND ROCK, TEXAS, a Texas Home
Rule City ("Purchaser") (Seller and Purchaser sometimes collectively referred to herein as the
"Parties").
Recitals
A. The Parties entered into that certain Contract for Sale dated effective March 10,
2010 (the "Contract"), pursuant to which Purchaser agreed to purchase from Seller certain real
property located in Williamson County, Texas, such real property being more particularly described
therein. The Parties amended the Contract pursuant to a First Amendment To Contract For Sale
dated May 3, 2010.
B. The Parties now desire to further amend Contract as hereinafter set forth.
Amendment
For and in consideration of the premises and the mutual covenants and agreements
hereinafter made, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Seller and Purchaser hereby agree as follows:
1. Inspection Period. Notwithstanding anything to the contrary in the Contract, the
Parties hereby agree that the "Inspection Period" under the Contract shall be extended to expire on
S tem 2010, and all references to the Inspection Period under the Contract shall mean the
period expiring on such date.
2. Miscellaneous.
sha. All terms and conditions of the Contract not expressly modified by this
Amendment all remain in full force and effect, and, in the event of any inconsistencies between
this Amendment and the terms of the Contract, the terms set forth in this Amendment shall govern
and control. Except as expressly amended hereby, the Contract shall remain in full force and effect
as of the date thereof.
b. This Amendment may be executed in one or more counterparts which shall
be construed together as one document. For purposes of the execution hereof, telecopied signatures
may be treated as originals.
C. This Amendment (i) shall be binding upon and shall inure to the benefit of
each of the Parties and their respective successors, assigns, receivers and trustees; {ii) may be
modified or amended only by a written agreement executed by each of the Parties; and (iii) shall be
governed by and construed in accordance with the laws of the State of Texas.
EXECUTED by the Parties to be effective as of the date first above written.
SELLER:
y assour, or assigns
Date executed by SeIler: , 2010
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By: �
Alan McGraw, Mayor
Date executed by Purchaser: O f 2010
Na