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R-13-07-11-F1 - 7/11/2013RESOLUTION NO. R -13-07-11-F1 WHEREAS, the City of Round Rock has previously entered into a License Agreement for Directional Signs in City Rights -of -Way (Agreement") with Motivational Systems Inc. on August 28, 2008; and WHEREAS, it has become necessary to extend the Agreement by renewal for the first of two allowable renewal periods; and WHEREAS, the City Council desires to renew said Agreement with Motivational Systems Inc., 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 Term Renewal Agreement No. 1 to "City of Round Rock License Agreement for Directional Signs in City Rights -of -Way With Motivational Systems 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 11th day of July, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 9tmet- id644- SARA L. WHITE, City Clerk O:\wdox\SCC Ints\0112\ 1304\MUNICIPAL\00277883.DOC/rmc CITY OF ROUND ROCK STATE OF TEXAS COUNTY OF TRAVIS COUNTY OF WILLIAMSON EXHIBIT KNOW ALL BY THESE PRESENTS: TERM RENEWAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK LICENSE AGREEMENT FOR DIRECTIONAL SIGNS IN CITY RIGHTS-OF-WAY WITH MOTIVATIONAL SYSTEMS, INC." This Term Renewal Agreement No. 1 to "City of Round Rock License Agreement for Directional Signs in City Rights -of -Way" ("Renewal Agreement") is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Motivational Systems, Inc., hereinafter called "Licensee." WHEREAS, the City and Licensee executed the referenced "City of Round Rock License Agreement for Directional Signs in City Rights -of -Way," hereinafter called the "Agreement," on August 28, 2008 as authorized by Resolution No. R -08-08-289A1; and WHEREAS, it has become necessary to extend the Agreement by renewal for the first of two allowable renewal periods; NOW THEREFORE, premises considered, and in consideration of the mutual promises and obligations in the Agreement and this Renewal Agreement, the City and Licensee agree as follows: I. Pursuant to Section 12.01 of the Agreement, the term of the Agreement is renewed for one (1) one-year period beginning on the last day of the original term of the Agreement. II. This Renewal Agreement embodies the first renewal of one (1) year following the expiration of the original term of the Agreement, and extends the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City and Licensee have executed this Renewal Agreement. (Signatures on the following page.) 00275496.doc CITY OF ROUND ROCK, TEXAS MOTIVATIONAL SYSTEMS, INC. By: By: ! ? /-. Printed Name: Printed Name: K .-. y m ... ,-7 Title: Title: / $ Y . , 4-t,-/ ti',1 Date Signed: Date Signed: ,- -2 - 2, co L ATTEST: By: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney 2 ROUND ROCK, TEXAS PURPOSE MSC" vwsvw,x City of Round Rock Agenda Item Summary Agenda Number: F.1 Title: Consider a resolution authorizing the Mayor to execute Term Renewal Agreement No. 1 to City of Round Rock License Agreement for Directional Signs in City Rights -of -Way with Motivational Systems, Inc. Type: Resolution Governing Body: City Council Agenda Date: 7/11/2013 Dept Director: Brad Wiseman, Planning & Development Services Director Cost: Indexes: Attachments: Resolution, Exhibit A, Kiosk Signs Original Contract 2008 Text of Legislative File 13-403 In 2003 the City established a Kiosk Sign Program to direct prospective home buyers to new homes and subdivisions, and the ability to provide directional information to municipal buildings. With adequate home builder way -finding, the use and demand for temporary bandit signs has been reduced. A license agreement with Motivational Systems, Inc. (MSI) was approved by a resolution of the City Council on August 28, 2008, giving MSI the responsibility for administering the program. MSI is required to maintain the signs and provide the City a payment of $15 per month for each sign panel. The agreement provides for a five year initial term, with up to two successive one-year renewal periods. The initial term of the agreement ends on August 28, 2013. Staff review of the agreement indicates that the program has been successful and that MSI has performed its contractual responsibilities. Staff recommends that the term of the agreement be extended for the first of the one-year renewal terms. City of Round Rock Page 1 Printed on 7/5/2013 EXECUTED ORIGINAL DOCUMENT FOLLOW CITY OF ROUND ROCK STATE OF TEXAS COUNTY OF TRAVIS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: TERM RENEWAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK LICENSE AGREEMENT FOR DIRECTIONAL SIGNS IN CITY RIGHTS-OF-WAY WITH MOTIVATIONAL SYSTEMS, INC." This Term Renewal Agreement No. 1 to "City of Round Rock License Agreement for Directional Signs in City Rights -of -Way" (`Renewal Agreement") is made by and between the City of Round Rock, Texas, hereinafter called the "City," and Motivational Systems, Inc., hereinafter called "Licensee." WHEREAS, the City and Licensee executed the referenced "City of Round Rock License Agreement for Directional Signs in City Rights -of -Way," hereinafter called the "Agreement," on August 28, 2008 as authorized by Resolution No. R -08-08-289A1; and WHEREAS, it has become necessary to extend the Agreement by renewal for the first of two allowable renewal periods; NOW THEREFORE, premises considered, and in consideration of the mutual promises and obligations in the Agreement and this Renewal Agreement, the City and Licensee agree as follows: I. Pursuant to Section 12.01 of the Agreement, the term of the Agreement is renewed for one (1) one-year period beginning on the last day of the original term of the Agreement. II. This Renewal Agreement embodies the first renewal of one (1) year following the expiration of the original term of the Agreement, and extends the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City and Licensee have executed this Renewal Agreement. (Signatures on the following page.) 00275496.doc CITY OF ROUND ROCK, TEXAS By: Printed Name: Title: Date Signed: ATTEST: By: Sara L. White, City,SwotapyC-y. FOR CITY, • ' PROVED AS TO FORM: By: Stepha . Sheets, City Attorney 2 MOTIVATIONAL SYSTEMS, INC. By: Printed Name:4--T-:, �-y m .• ,-.� Title: e":- r ", ../ i), l Date Signed: S -? - 2' ( 3