13-R-78 - Purchase & Sale Michael F BiryRESOLUTION NO. i3-R-78
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AND RATIFYING A PURCHASE AND
SALE AGREEMENT AND A FIRST AMENDMENT TO PURCHASE AND
SALE AGREEMENT, BOTH WITH MICHAEL F. BIRY AND JENNIFER
S. BIRY, AND AUTHORIZING A CONTINUATION NOTICE GRANTING
CONSENT TO PROCEED TO CLOSING RELATED TO SUCH
AGREEMENT AND AMENDMENT, ALL IN CONNECTION WITH THE
PURCHASE BY THE CITY OF REAL PROPERTY LOCATED ALONG
COMMERCIAL PLACE AND WINDY MEADOWS DRIVE, DESCRIBED
AS LOTS 31 AND 32, BLOCK 1, SCHERTZ BUSINESS PARK
ACCORDING TO THE PLAT RECORDED IN VOLUME 5, PAGE 225B,
LOT 24, BLOCK 2, WINDY MEADOW, ACCORDING TO THE PLAT
RECORDED IN VOLUME 5, PAGE SOA-S1A, LOTS 23, 24, AND 28
BLOCK 1, SCHERTZ BUSINESS PARK, ACCORDING TO THE PLAT
RECORDED IN VOLUME 4, PAGE 336, ALL LOCATED IN THE CITY
OF SCHERTZ, GUADALUPE COUNTY, TEXAS, AS WELL AS THE
PURCHASE OF RELATED LIVIPROVEMENTS AND PERSONAL
PROPERTY, FROM MICHAEL F. BIRY AND JENNIFER S. BIRY, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City Council approve and ratify the Purchase and Sale Agreement attached hereto as Exhibit A
{the "Agreement") and the First Amendment to Purchase and Sale Agreement attached hereto as
Exhibit B (the "Amendment") with Michael F. Biry and Jennifer S. Bi~y relating to the purchase
by the City of real property Located along Commercial Place and Windy Meadows Drive, as well
as the purchase of related improvements and personal property (collectively, the "Property"); and
WHEREAS, the City has a need for additional property to be utilized for various
municipal purposes, which may include, but would not be limited to, municipal offices, public
works facilities, fleet repaiz•, building maintenance, water and wastewater related services, and
street maintenance, engineering, and parks related services; and
WHEREAS, the Property will be used by the City for various municipal purposes, which
may include, but would not be limited to, municipal offices, public works facilities, fleet repair,
building maintenance, water and wastewater related services, and street maintenance,
engineering, and parks related services; and
WHEREAS, the Agreement and the Amendment require City Council approval prior to
proceeding to closing on the purchase of the Property; and
WHEREAS, the City staff has further recommended that the City Council authorize a
Continuation Notice, required under the Agreement and the Amendment as a condition to
proceeding to closing on the purchase of the Property; and
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WHEREAS, the City Council has determined that it is in the best interest of the City to
purchase the Property, approve and ratify the Agreement and the Amendment, and authorize a
Continuation Notice.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby approves the purchase of the Pz•aperty in
accordance with the terms of the Agreement and the Amendment, approves and ratifies the
Agreement and the Amendment, and further authorizes and directs the City Manager, or his or
her designee, to execute and deliver a Continuation Notice, as required under the Agreement and
the Amendment as a condition to proceeding to closing on the purchase of the Property, prior to
the termination of the Inspection Period defined in the Agreement and the Amendment.
Section 2. Further, in addition to and without limiting the foregoing, The City
Manager, or his or her designee, is authorized and directed to take or cause to be taken such
further action and to execute, file, and deliver or cause to be executed, filed, and delivered, in the
name and on behalf of the City, all such further instruments and documents (including, but not
limited to, closing documents required by the title company that is closing the contemplated
transaction}, as the City Manager, in consultation with the City Attorney, may deem to be
necessary or advisable to effectuate the purpose and intent of the foregoing resolution.
Section 3. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 5. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 6. If any provision of this Resolution or the application thereof to any person
ar circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 7. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 8. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
SOb77744.3
PASSED AND ADOPTED, this 17th day of September, 2013
CITY OF L~`I'L; EXAS
.~~
Mich e1 R. Carpenter, Mayor
ATTEST;
~~
nda Dennis, City Secz•etary
(CITY SEAL)
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EXHIBIT A
PURCHASE AND SALE AGREEMENT
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EXHIBIT B
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
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