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Contract - Kemper Sports Management - 8/23/2018 SECOND AMENDMENT TO THE MANAGEMENT AGREEMENT THIS SECOND AMENDMENT TO THE AGEMENT AGREEMENT(the"Second Amendment") is dated and entered into as of the_ day of , 2018, by and between the City of Round Rock, Texas, a home-rule municipality( Owner") and Kemper Sports Management, Inc, an Illinois corporation("KSM"). WHEREAS, Owner and KSM previously executed a Management Agreement on the November 22, 2016 by Resolution No. R-2016-3956 ("Agreement") for KSM to provide management services for the City-owned Forest Creek Golf Club(the"Club"); and WHEREAS,on the Owner and KSM executed a First Amendment to the Management Agreement on September 14, 2017 by Resolution No. R-2017-4761 to modify and clarify certain terms of the Agreement; and WHEREAS, the City desires to amend the Scope of Services to allow for third-party barter agreements; NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are hereby conclusively acknowledged, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. Section 3.3.15 of the Contract is hereby amended to read as follows: 3.3.15. Implement a no barter-lased teen olo golf management system that features table based software, yield management with automatic dynamic pricing options and an executive reporting modules facilitating database segmentation of customers. KSM shall have the discretion to enter into barter agreements with third-party tee time management companies. II. This Second Amendment to the Agreement shall amend the original Agreement only as set forth herein with no other changes in terms or conditions of the original Agreement. [Signatures on the following page.] 1"- OZO[ZIZ/SSZ ' qw J IN WITNESS WHEREOF, the Owner and KSM have executed this Second Amendment 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: 101 Printed ame: Title: Title: Date Signed: g•e)2.2. Date Signed: ATTEST: By: Sara L. White, City Clerk FOR CITY,APPROVED AS TO FORM: By: L-k4 Stephan Ll Sheets, City Attorney 2 CERTIFICATE OF INTERESTED PARTIES FORM1295 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. 2018-391716 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 08/14/2018 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 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Lesnik,Steve Northbrook, IL United States X Skinner,Steve Northbrook, IL United States X Lesnik,Joshua Northbrook,IL United States X Joshua Lesnik Trust, Northbrook, IL United States X Blaine Lesnik Trust, Northbrook, IL United States X 5 Check only if there is NO Interested Parry. ❑ 6 UNSWORN DECLARATION } M name is r'v and rn date Z Q V L My y of both is I Aft My address is jA- (streeO (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. OK Executed in_ COCounty, State of ,on the l`f day of �`t ,20 . (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 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. 2018-391716 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 08/14/2018 being filed. City of Round Rock,Texas Date Acknowledged: 08/14/2018 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 Lesnik, Steve Northbrook, IL United States X Skinner, Steve Northbrook, IL United States X Lesnik,Joshua Northbrook, IL United States X Joshua Lesnik Trust, Northbrook, IL United States X Blaine Lesnik Trust, Northbrook, IL United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711