R-2017-4761 - 9/14/2017 RESOLUTION NO. R-2017-4761
WHEREAS, the City of Round Rock ("City") has previously entered into a Management
Agreement ("Agreement") with Kemper Sports Management, Inc. ("KSM") on November 22, 2016,
by Resolution No. R-2016-3956, for management services for"Forest Creek Golf Club"; and
WHEREAS, the City and KSM have determined that is necessary to amend the Agreement o
modify and clarify certain terms; and
WHEREAS, the City Council wishes to enter into a First Amendment to the Agreement, 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, First
Amendment to "Management Agreement", a copy being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
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 14th day of September, 2017.
CRAIG VORGAayor
City of Round Ro , Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1704;00385065
EXHIBIT
FIRST AMENDMENT
TO
"MANAGEMENT AGREEMENT"
This First Amendment to the "Management Agreement" is made by and between the City of
Round Rock (hereinafter referred to as the "OWNER") and Kemper Sports Management, Inc.
(hereinafter referred to as "KSM").
WHEREAS, the City and the Association executed a Management Agreement on
November 22, 2016, by Resolution No. R-2016-3956, for management services for "Forest
Creek Golf Club"(hereinafter the"Club"); and
WHEREAS, the City and KSM have determined that it is necessary to amend the
Agreement to modify and clarify certain terms;
NOW, THEREFORE,premises considered, the City and the Association agree that said
Agreement is amended as follows:
I.
ARTICLE 3
MANAGEMENT SERVICES
Section 3.3 shall be amended as follows:
3.3 The Scope of Services. KSM will manage all activities of the Club that are
included in the annual Business Plan and approved by Owner. Notwithstanding the foregoing,
KSM shall have the sole and exclusive control over the alcoholic beverage service in strict
compliance with Section 109.53 of the Texas Alcoholic Beverage Code. KSM will operate
the Club consistent with the vision and mission statements contained within the Business Plan,
the tactical resources determined, and the appropriate operating policies and policies specified
therein. Subject to the terms of this Agreement and approved Business Plan, which shall include
the Operating Budget, KSM shall have the authority and responsibility to:
Section 3.3.4 shall be amended as follows:
3.3.4 Manage and supervise all day-to-day operations of the Club, including but not
limited to, tee time reservations, collecting green and cart fees, clubhouse operations, outside
services, course maintenance, managing tournaments and events, food and alcoholic and non-
alcoholic beverage services,payroll, benefits administration, accounting and financial reporting;
Section 3.6 shall be amended as follows:
3.6 Club Operations. KSM shall use commercially reasonable efforts to perform all
acts that are necessary in the opinion of KSM to operate and manage the Club, subject to the
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Business Plan, the Approval rights and terms and conditions set forth herein, on behalf of and for
the account, and at the sole cost and expense of, Owner, in accordance with the standards of
quality expected at high quality golf courses in the vicinity of the club. KSM shall have the
authority and responsibility for the administration, operation, and management of the Club and
Property. KSM shall have sole and exclusive control of alcoholic beverage sales and
revenue. At a minimum, KSM shall perform the following acts and services:
II.
ARTICLE 4
RESPONSIBILITIES OF OWNER
Section 4.1 shall be amended as follows:
4.1 Expenditures. Owner acknowledges that it is solely responsible for all Operating
Expenses and capital expenditures required for or on behalf of the Club, except those related to
the alcoholic beverage service,provided that such Operating Expenses are made by the terms of
this Agreement. Owner shall be responsible for all other expenditures and obligations in
connection with the Club and the Property, including without limitation, all federal, state and
local taxes and all principal and interest payments on indebtedness.
III.
With the exception of the terms amended herein, there shall be no other changes to the
terms of the original Agreement and those such terms shall remain effective.
[Signatures on the following page.]
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IN WITNESS WHEREOF, Owner and KSM have executed this Amendment No. 1 to the
Management Agreement to be effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK, TEXAS KEMPER SPORTS MANAGEMENT,
INC.
By: By:
Printed Name: Printed Name:
Title: Title:
Date Signed: Date Signed:
ATTEST:
By:
Sara L. White, City Clerk
FOR CITY,APPROVED AS TO FORM:
By:
Stephan L. Sheets, City Attorney
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