Contract - Kemper Sports Management, Inc. - 9/14/2017 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 beveraLye 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.]
2
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 KEMP SPORT-MANAGEMENT,
INC.
By: By:
Printed Name: Printed me: /VV°L(L
Title: Title:
Date Signed: Date Sig d:
ATTEST:
By: .
Sara L. White, City Clerk
FOR CITY, P ROVEDLAS O FORM:
By: 1v
Stephan 1. Sheets, City Attorney
3
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-256038
Kemper Sports Management, Inc
Northbrook, IL United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/31/2017
being filed.
City of Round Rock,Texas Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
000000
Management of Forest Creek Golf Club
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Blaine Lesnik Trust, Northbrook, IL United States X
Joshua Lesnik Trust, Northbrook, IL United States X
Lesnik,Joshua Northbrook, IL United States X
Skinner, Steve Northbrook, IL United States X
Lesnik, Steve Northbrook, IL United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
OFFICIAL SEAL
LAURA A PINTER
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:05/09/21
ig ture of authorized agent of racting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
1
Sworn to and subscribed before me,by the said �.� L'� e ij- l( .,this the day of'J R 17-i'
20to certify which,witness my hand and seal of office.
y ),�✓L-dna �'/ ` � .Lf�-' / /� � '- r,�•�� `�� � �i'
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-256038
Kemper Sports Management, Inc
Northbrook, IL United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/31/2017
being filed.
City of Round Rock,Texas Date Acknowledged:
09/07/2017
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
000000
Management of Forest Creek Golf Club
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Blaine Lesnik Trust, Northbrook, IL United States X
Joshua Lesnik Trust, Northbrook, IL United States X
Lesnik,Joshua Northbrook, IL United States X
Skinner, Steve Northbrook, IL United States X
Lesnik, Steve Northbrook, IL United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said this the day of
20 ,to certify which,witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337