R-03-09-25-14C3 - 9/25/2003RESOLUTION NO. R -03-09-25-14C3
WHEREAS, by Resolution No. 03-06-12-10G1 the City Council
authorized the execution by the Mayor of an Agreement Regarding Phase
I Improvements to the Dell Diamond/United Heritage Center ("Agreement")
with Round Rock Baseball, Inc. ("RRB"), and
WHEREAS, by Resolution No. 03-08-14-14E3 the City Council
authorized the execution by the Mayor of a First Amendment to the
Agreement, and
WHEREAS, the parties now desire to enter a Second Amendment to
the Agreement to set out the Guaranteed Maximum Price and to delete the
east entrance gate from the improvements, 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 the Second Amendment to Agreement Regarding Phase I
Improvements to the Dell Diamond/United Heritage Center with Round Rock
Baseball, Inc., a copy of same 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 25th day of September
N y WEL , Mayor
C'ty of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
@PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI!R30925C3.WPD/sc
53668
SECOND AMENDMENT TO AGREEMENT
REGARDING PHASE I IMPROVEMENTS TO
THE DELL DIAMOND/UNITED HERITAGE CENTER
Dated as of September , 2003
between
CITY OF ROUND ROCK, TEXAS
as the City
and
ROUND ROCK BASEBALL, INC.
as RRB
EXHIBIT
A
SECOND AMENDMENT TO AGREEMENT
REGARDING PHASE I IMPROVEMENTS TO
THE DELL DIAMOND/UNITED HERITAGE CENTER
This Second Amendment to Agreement Regarding Phase I Improvements to the Dell
Diamond/United Heritage Center ("Second Amendment") is made by and between the CITY OF
ROUND ROCK, TEXAS, (the "City") and ROUND ROCK BASEBALL, INC., ("RRB"). The
City and RRB collectively are referred to herein as the "Parties."
WHEREAS, the City and RRB executed an Agreement Regarding Phase I Improvements
to the Dell Diamond/United Heritage Center, hereinafter called the "Agreement," on the 12' day of
June, 2003 to set forth the respective rights and obligations of the Parties with respect to the Phase
I Improvements to the Dell Diamond/United Heritage Center; and
WHEREAS, the City and RRB executed a First Amendment to Agreement Regarding Phase
I Improvements to the Dell Diamond/United Heritage Center ("First Amendment") on the 14th day
of August, 2003,
WHEREAS, it has become necessary to amend the Agreement to delete the East Entrance
Gate from the Phase I Improvements and to agree to the GMP,;
NOW THEREFORE, premises considered, the City and the RRB agree that said Agreement is
amended as follows:
I.
Section 5.1 of the Agreement shall be amended to read as follows:
Section 5.1 Conditions to RRB's Obligations to Perform. The Parties hereby agree that
the GMP is the amount of $1,877,440.00 that such amount is acceptable to both Parties, and
therefore all conditions to RRB's obligations to perform have now been satisfied.
53668 2
II.
Exhibit "A" of the Agreement shall be amended to read as follows:
EXHIBIT "A"
TO
AGREEMENT
Description of Phase I Improvements
1) Home Run Porch.. An elevated grandstand area over the left field concourse. The
Home Run Porch includes approximately 850 additional chair back seats and additional
covered concourse area for larger conventions, exhibitions, and craft and trade shows.
2) Upper concourse. The upper concourse will connect the suite and party level with
the Home Run Porch. It allows for additional covered concourse on the lower level and it
will allow for the utilization of existing elevators.
3) Sky Boxes. Six additional Sky Boxes were included in the original design of the
Convention Center Complex, but were deleted as a cost saving measure in 1998. The
addition of these previously deleted Sky Boxes will add to the covered concourse on the
lower level. This section will also cover the last exposed concession stand.
V.
Except for the amendments contained herein, the Parties agree that all other provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Second Amendment to the Agreement has been executed and
effective on September 25, 2003.
CITY OF ROUND ROCK, TEXAS ROUND ROCK BASEBALL, INC.
By: By:
Nyle Maxwell, Mayor Reid Ryan, President
53668 3
DATE: September 19, 2003
SUBJECT: City Council Meeting - September 25, 2003
ITEM: 14.C.3. Consider a resolution authorizing the Mayor to execute a
Second Amendment to Agreement Regarding Phase I
Improvements to the Dell Diamond/United Heritage
Center with Round Rock Baseball, Inc.
Resource: Tom Word, Chief of Public Works Operations
Larry Madsen, Construction Manager
History:
Funding:
Cost:
Source of Funds:
The Council approved an Agreement regarding Phase I
Improvements to the Dell Diamond/United Heritage
Center on June 12, 2003. The Council approved the First
Amendment to the Agreement on August 14, 2003. This
Second Amendment includes the Guaranteed Maximum
Price and deletes references to the east entrance gate.
Convention Center Expansion Funds - not to
exceed $800,000.00
Round Rock Baseball, Inc.
Outside Resources: Chasco Contracting
Impact/Benefit: Improvements to the stadium in preparation for a
Triple A team.
Public Comment:
Sponsor:
N/A
N/A
EXECUTED
DOCUMENT
FOLLOWS
SECOND AMENDMENT TO AGREEMENT
REGARDING PHASE I IMPROVEMENTS TO
THE DELL DIAMOND/UNITED HERITAGE CENTER
Dated as of September 62.7, 2003
between
CITY OF ROUND ROCK, TEXAS
as the City
and
ROUND ROCK BASEBALL, INC.
as RRB
00055751
SECOND AMENDMENT TO AGREEMENT
REGARDING PHASE I IMPROVEMENTS TO
THE DELL DIAMOND/UNITED HERITAGE CENTER
This Second Amendment to Agreement Regarding Phase I Improvements to the Dell
Diamond/United Heritage Center ("Second Amendment") is made by and between the CITY OF
ROUND ROCK, TEXAS, (the "City") and ROUND ROCK BASEBALL, INC., ("RRB"). The
City and RRB collectively are referred to herein as the "Parties."
WHEREAS, the City and RRB executed an Agreement Regarding Phase I Improvements
to the Dell Diamond/United Heritage Center, hereinafter called the "Agreement," on the 12th day of
June, 2003 to set forth the respective rights and obligations of the Parties with respect to the Phase
I Improvements to the Dell Diamond/United Heritage Center; and
WHEREAS, the City and RRB executed a First Amendment to Agreement Regarding Phase
I Improvements to the Dell Diamond/United Heritage Center ("First Amendment") on the 14th day
of August, 2003,
WHEREAS, it has become necessary to amend the Agreement to delete the East Entrance
Gate from the Phase I Improvements and to agree to the GMP,;
NOW THEREFORE, premises considered, the City and the RRB agree that said Agreement is
amended as follows:
I.
Section 5.1 of the Agreement shall be amended to read as follows:
Section 5.1 Conditions to RRB's Obligations to Perform. The Parties hereby agree that
the GMP is the amount of $1,877,440.00 that such amount is acceptable to both Parties, and
therefore all conditions to RRB's obligations to perform have now been satisfied.
2
P-03- 09-42 5 - lgc3
II.
Exhibit "A" of the Agreement shall be amended to read as follows:
EXHIBIT "A"
TO
AGREEMENT
Description of Phase I Improvements
1) Home Run Porch.. An elevated grandstand area over the left field concourse. The
Home Run Porch includes approximately 850 additional chair back seats and additional
covered concourse area for larger conventions, exhibitions, and craft and trade shows.
2) Upper concourse. The upper concourse will connect the suite and party level with
the Home Run Porch. It allows for additional covered concourse on the lower level and it
will allow for the utilization of existing elevators.
3) Sky Boxes. Six additional Sky Boxes were included in the original design of the
Convention Center Complex, but were deleted as a cost saving measure in 1998. The
addition of these previously deleted Sky Boxes will add to the covered concourse on the
lower level. This section will also cover the last exposed concession stand.
V.
Except for the amendments contained herein, the Parties agree that all other provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Second Amendment to the Agreement has been executed and
effective on September 25, 2003.
CITY OF ROUND ROCK, , ROUND ROC SEBALL, INC.
BY: _4,Y_% //L By:
3
R- id Ryan, ' e id- t