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2018-6135 - 11/20/2018 RESOLUTION NO. 2018-6135 WHEREAS, the Round Rock Transportation and Economic Development Corporation ("RRTEDC") has previously entered into an Administration and Funding Agreement for the City of Round Rock Economic Development Program ("Agreement") on the 26th day of January, 2017 by and among the City of Round Rock ("City"), the Round Rock Transportation and Economic Development Corporation and the Round Rock Chamber of Commerce, Inc., DBA Round Rock Chamber ("Chamber"), collectively the "Parties"; and WHEREAS, the Parties have determined that it is in their best interest to modify and amend the Agreement to increase the funding paid to the Chamber for services provided; and WHEREAS, the Parties now wish to enter into a Second Amendment to the Administration and Funding Agreement for the City of Round Rock Economic Development Program,Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ROUND ROCK TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION, That the President is hereby authorized and directed to execute on behalf of the RRTEDC a Second Amendment to the Administration and Funding Agreement for the City of Round Rock Economic Development Program, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Board of Directors 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. 0112.1804;00413282 RESOLVED this 20th day of November, 2018. By: CRAIG MbRGA4 President Round Rock Tran ortation and Economic Development Corporation ATTEST: JON SL ,Secretary 2 EXHIBIT SECOND AMENDMENT TO THE ADMINISTRATION AND FUNDING AGREEMENT FOR THE CITY OF ROUND ROCK ECONOMIC DEVELOPMENT PROGRAM This Second Amendment ("Second Amendment") is to that one certain Administration and Funding Agreement for the City of Round Rock Economic Development Program("Agreement")entered into on the 261 day of January, 2017 by and among the City of Round Rock ("City"), the Round Rock Transportation and Economic Development Corporation("TED Corp.")and the Round Rock Chamber of Commerce,Inc.,DBA Round Rock Chamber, ("Chamber"), collectively the"Parties". RECITALS WHEREAS, the Parties entered into the Agreement on the 26th day of January,2017; and WHEREAS, the Parties have determined that it is in their best interest to modify and amend the Agreement to increase the funding paid to the Chamber for services provided; NOW THEREFORE,the Parties agree to amend and modify the Agreement as follows: I. 1.01 Article III,Funding,Section 3.01.Fees.is hereby amended to read as follows: Section 3.01. Fees. For the services provided by the Chamber in the administration and execution of the Program, the TED Corp. agrees to pay to the Chamber the sum of $48,750.00 for each calendar month for the remainder of the Term of this Agreement, which amount shall be paid by the TED Corp. to the Chamber on or before the first day of the month, beginning October 1, 2018 and on or before the first day of each calendar month thereafter until this Agreement is terminated. The parties may from time to time, and by mutual written agreement, agree that the City shall pay to the Chamber additional amounts for specific items as may be mutually agreed upon. The Chamber will provide an invoice to the TED Corp,by the first of each month. II. 2.01 To the extent necessary to effect the terms and provisions of this Second Amendment, the Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is hereby ratified and confirmed. 2.02 This Second Amendment may be executed in counterparts, each of which shall be an original and all of which together shall constitute buy one and the same instrument. IN WITNESS WHEREOF, this Agreement is entered into to be effective as of the day of November ,2018 00413092.DOCX Round Rock Chamber of Commerce By: ,its City of Round Rock,Texas By: Craig Morgan,Mayor Attest: Sara White,City Clerk For City, approved as to form: Stephan L. Sheets,City Attorney Round Rock Transportation and Economic Development Corporation By: Craig Morgan,its President For TED Corp.,approved as to form: Stephan L. Sheets,Corporation Attorney SECOND AMENDMENT TO THE ADMINISTRATION AND FUNDING AGREEMENT FOR THE CITY OF ROUND ROCK ECONOMIC DEVELOPMENT PROGRAM This Second Amendment ("Second Amendment') is to that one certain Administration and Funding Agreement for the City of Round Rock Economic Development Program("Agreement')entered into on the 261 day of January, 2017 by and among the City of Round Rock ("City"), the Round Rock Transportation and Economic Development Corporation("TED Corp.")and the Round Rock Chamber of Commerce,Inc.,DBA Round Rock Chamber,("Chamber"),collectively the"Parties". RECITALS WHEREAS,the Parties entered into the Agreement on the 26th day of January,2017; and WHEREAS, the Parties have determined that it is in their best interest to modify and amend the Agreement to increase the funding paid to the Chamber for services provided; NOW THEREFORE,the Parties agree to amend and modify the Agreement as follows: I. 1.01 Article III,Funding,Section 3.01.Fees.is hereby amended to read as follows: Section 3.01. Fees. For the services provided by the Chamber in the administration and execution of the Program, the TED Corp. agrees to pay to the Chamber the sum of $48,750.00 for each calendar month for the remainder of the Term of this Agreement, which amount shall be paid by the TED Corp. to the Chamber on or before the first day of the month, beginning October 1, 2018 and on or before the first day of each calendar month thereafter until this Agreement is terminated. The parties may from time to time, and by mutual written agreement,agree that the City shall pay to the Chamber additional amounts for specific items as may be mutually agreed upon. The Chamber will provide an invoice to the TED Corp,by the first of each month. II. 2.01 To the extent necessary to effect the terms and provisions of,this Second Amendment,the Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is hereby ratified and confirmed. 2.02 This Second Amendment may be executed in counterparts, each of which shall be an original and all of which together shall constitute buy one and the same instrument. IN WITNESS WHEREOF, this Agreement is entered into to be effective as of the day of November ,2018 00413092.DOCX R-file)-& Ist \ OVD I�vcIL M/?GX R d R ek hamber mmerce, %/1/L, ��JAav Y: City of Roun Rock,Texas By: Craig Mor n, ayo Attest: — 9VAi - &* L— Sara White,City Clerk For t ,approved as t form: Stepha L. Sheets,City Attorney Round Roc Transportati nd Economic Development Corporation By: Craig rgan,it resident For TE orp.,approved to form: 1 Stephan Sheets,Corporation Attorney