R-12-09-27-G11 - 9/27/2012 I
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RESOLUTION NO. 12-09-27-G11
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WHEREAS, on January 20, 1999, the City and Ryan Sanders Ryan, Inc. ("RSR")
entered into that one certain Convention Center Complex Lease Agreement ("Agreement"), and
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WHEREAS, on March 29, 1999, RSR assigned its interest in and to the Lease to Round
Rock Baseball, Inc. ("RRB"), and k
WHEREAS, on October 14, 1999, the City and RRB entered into that one certain First
Amendment to the Agreement, and
WHEREAS, on February 14, 2008, the City and RRB entered into that one certain r
Second Amendment to the Agreement, and
WHEREAS, the City Council now wishes to amend and modify the aforesaid
Agreement by amending Article IV of the Lease Agreement to add Section 4.7. Donation of
Improvements, and
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, a
Third Amendment to the Convention Center Complex Lease 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
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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.
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0-4dox\SCC1nts\0112\1204\MUNICIPAL\00258632 DOCX
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RESOLVED this 27th day of September, 2012.
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ALAK MCGRAW, Mayor
City of Round Rock, Texas
ATTEST: n
SARA L. WHITE, City Clerk
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EXHIBIT
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THIRD AMENDMENT TO THE x
CONVENTION CENTER COMPLEX
LEASE AGREEMENT
This Third Amendment to the Convention Center Complex Lease Agreement ("Third
Amendment") is entered into effective as of September 27, 2012, by and between the City of
Round Rock ("City"), and Round Rock Baseball, Inc. "Round Rock Baseball"), and is as
follows:
Recitals
Whereas, City and Ryan Sanders Ryan, Inc., ("RSR") entered into that one certain
Convention Center Complex Lease Agreement ("Lease Agreement,") which was dated the 20t"
day of January, 1999, and
Whereas, City and RSR entered into that one certain Assignment of Convention Center
Lease Agreement and Master Agreement Regarding Convention Center Complex Development
("Assignment") which was dated the 29t" day of March, 1999, whereby RSR's rights and
interests in the Lease Agreement were assigned to Round Rock Baseball, and
Whereas, City and Round Rock Baseball entered into that one certain First Amendment
to the Convention Center Complex Lease Agreement, which was dated October 14, 1999,
whereby the term of the Lease was extended, and
Where, City and Round Rock Baseball entered into that one certain Second Amendment
to the Convention Center Complex Lease Agreement, which was dated February 14, 2008; and
Whereas, City and Round Rock Baseball wish to amend and revise the aforesaid Lease
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Agreement as provided below,Now Therefore;
For and In Consideration of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration, the sufficiency of which is hereby acknowledged by the undersigned, the
City and Round Rock Baseball do hereby amend and modify the aforesaid Agreements as i.
follows:
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Article IV of the Lease Agreement is hereby amended by adding Section 4.7 which shall f
read as follows:
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Section 4.7. Donation of Improvements. During Lessee's right to use the premises, Lessee
may determine that it is necessary for business purposes to construct, repair, restore, remodel, or
modify improvements of the Leased Premises. Lessee agrees that any and all work to construct,
repair, restore, remodel, or modify improvements of the Leased Premises are subject to terms x
and conditions set forth in this Agreement between Lessee and the City and agrees to comply
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with such terms and conditions. Whenever Lessee engages a contractor or service provider to E
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construct, repair, restore, remodel or modify any improvements of the Leased Premises under a
construction contract that separately identifies charges for incorporated materials and labor,
Lessee intends to donate the materials that are to be incorporated into the improvements of the
Leased Premises to the City as permitted by Section 151.155(e) of Texas Tax Code. Upon
Lessee's execution of a construction contract that separately identifies charges for incorporated
materials and labor, Lessee and the City expressly agree to the following: (1) Lessee donates to
the City-any and all incorporated materials that are delivered to the Leased Premises to perform
the work under.the construction contract before those materials are incorporated into the
improvements to the Leased Premises or otherwise used; (2) the City fully accepts any and all
such donated incorporated materials prior to actual incorporation or use; (3) if the contract
between Lessee and the contractor/service provider requires the performance of taxable services,
Lessee donates to the City any and all taxable services that the contractor/service provider is
required to perform before the services are performed; (4) the City fully accepts any and all such
taxable services that are donated prior to their performance by the contractor/service provider;
(5) any and all incorporated materials shall remain the property of the City during and after the
term of this Agreement; and (6) the donation by Lessee and the acceptance by the City
automatically occur pursuant to this Agreement without the need of further action by either
paw,
II.
To the extent necessary to effect the terms and provisions of this Third Amendment, the
Lease Agreement is hereby amended and modified. In all other respects, the aforesaid Lease
Agreement is hereby ratified and confirmed.
In Witness Whereof, the parties hereto have caused this Third Amendment to be executed
by their proper, duly authorized officers, all as the day and year first above set forth.
ATTEST: CITY OF ROUND ROCK:
By:
Sara L. White, City Clerk Alan McGraw, Mayor
Date:
APPROVED AS TO FORM: ROUND ROCK BASEBALL, INC.
By:
Stephan L. Sheets, City Attorney George King,Executive Vice-P esident
and General Manager
Date:
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ROUND ROCK,TEW City Council Agenda Summary Sheet
PURPOSE PASSION.PROSPERITY.
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Agenda Item No. G11.
Consider a resolution approving a Third Amendment to the Convention Center Lease
Agenda Caption: Agreement to add Section 4.7 Donation of Improvements.
Meeting Date: September 27, 2012
Department: Finance
Staff Person making presentation: Cheryl Delaney
Finance Director
Item Summary:
This is the third amendment Convention Center Complex lease agreement with Round Rock Baseball Inc. This
amendment allows for the Lessee (Round Rock Baseball) to make improvements to the Complex. All improvements
will be donated to the City.
In March 1999, the City and Round Rock baseball entered into a Convention Center Lease agreement. This
agreement outlines the terms and conditions.
Cost: There is no cost to the City to adopt this resolution.
Recommended Action: Approval
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THIRD AMENDMENT TO THE
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CONVENTION CENTER COMPLEX
LEASE AGREEMENT
This Third Amendment to the Convention Center Complex Lease Agreement ("Third
Amendment") is entered into effective as of September 27, 2012, by and between the City of
Round Rock ("City"), and Round Rock Baseball, Inc. "Round Rock Baseball"), and is as
follows:
Recitals
Whereas, City and Ryan Sanders Ryan, Inc., ("RSR") entered into that one certain
Convention Center Complex Lease Agreement ("Lease Agreement,") which was dated the 20th
day of January, 1999, and
Whereas, City and RSR entered into that one certain Assignment of Convention Center
Lease Agreement and Master Agreement Regarding Convention Center Complex Development
("Assignent") which was dated the 29th
mday of March, 1999, whereby RSR's rights and
interests in the Lease Agreement were assigned to Round Rock Baseball, and
Whereas, City and Round Rock Baseball entered into that one certain First Amendment
to the Convention Center Complex Lease Agreement, which was dated October 14, 1999,
whereby the term of the Lease was extended, and
Where, City and Round Rock Baseball entered into that one certain Second Amendment
to the Convention Center Complex Lease Agreement, which was dated February 14, 2008; and
Whereas, City and Round Rock Baseball wish to amend and revise the aforesaid Lease
Agreement as provided below, Now Therefore;
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For and In Consideration of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration, the sufficiency of which is hereby acknowledged by the undersigned, the
City and Round Rock Baseball do hereby amend and modify the aforesaid Agreements as
follows:
I.
Article IV of the Lease Agreement is hereby amended by adding Section 4.7 which shall
read as follows:
Section 4.7. Donation of Improvements. During Lessee's right to use the premises, Lessee
may determine that it is necessary for business purposes to construct, repair, restore, remodel, or
modify improvements of the Leased Premises. Lessee agrees that any and all work to construct,
repair, restore, remodel, or modify improvements of the Leased Premises are subject to terms
and conditions set forth in this Agreement between Lessee and the City and agrees to comply
with such terms and conditions. Whenever Lessee engages a contractor or service provider to
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construct, repair, restore, remodel or modify any improvements of the Leased Premises under a
construction contract that separately identifies charges for incorporated materials and labor,
Lessee intends to donate the materials that are to be incorporated into the improvements of the >
Leased Premises to the City as permitted by Section 151.155(e) of Texas Tax Code. Upon
Lessee's execution of a construction contract that separately identifies charges for incorporated
materials and labor, Lessee and the City expressly agree to the following: (1) Lessee donates to
the City any and all incorporated materials that are delivered to the Leased Premises to perform
the work under the construction contract before those materials are incorporated into the
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improvements to the Leased Premises or otherwise used; (2) the City fully accepts any and all
such donated incorporated materials prior to actual incorporation or use; (3) if the contract
between Lessee and the contractor/service provider requires the performance of taxable services,
Lessee donates to the City any and all taxable services that the contractor/service provider is
required to perform before the services are performed; (4) the City fully accepts any and all such
taxable services that are donated prior to their performance by the contractor/service provider;
(5) any and all incorporated materials shall remain the property of the City during and after the
term of this Agreement; and (6) the donation by Lessee and the acceptance by the City
automatically occur pursuant to this Agreement without the need of further action by either
party
II.
To the extent necessary to effect the terms and provisions of this Third Amendment, the
Lease Agreement is hereby amended and modified. In all other respects, the aforesaid Lease
Agreement is hereby ratified and confirmed.
In Witness Whereof, the parties hereto have caused this Third Amendment to be executed
by their proper, duly authorized officers, all as the day and year first above set forth.
ATTEST: F CITY OF OUND ROCK:
By:
Sara L. White, City Clerk Alan McGraw, Mayor
Date:
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APP VED AS O FORM: ROUND ROCK BASEBALL, INC.
By:
Stepha L. Sheets, City Attorney George King, Executive Vice-P esident
and General Manager
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Date:
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