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TB-2019-017 - 9/26/2019 RESOLUTION NO. TB-2019-017 WHEREAS, the Round Rock Transportation and Economic Development Corporation ("TEDCO") has previously entered into that one certain Economic Development Program Agreement ("Agreement") with the City of Round Rock ("City") and EastGroup Properties, L.P. ("EGP") effective August 10, 2017; and WHEREAS, the Agreement set forth various agreements and understandings with respect to TECDO's and the City's agreement to provide EGP certain incentives in consideration for EGP's agreement to construct two buildings; and WHEREAS,TEDCO, City, and EGP now desire to amend the Agreement,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 Round Rock Transportation and Economic Development Corporation, the First Amendment to Economic Development Program Agreement between the City of Round Rock, Texas, the Round Rock Transportation and Economic Development Corporation, and EastGroup Properties, L.P., a copy 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. RESOLVED this 26th day of September, 2019. 0112.1902;00431729 By: — M z CRAIG M RGAN, esident Round Ro k Transp rtation and Economic Develo ent Corporation ATTE i rSLOAN, Secretary 2 EXHIBIT „A„ FIRST AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This FIRST AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM AGREEMENT "First Amendment") by and between the City of Round Rock, Texas ("City"), the Round Rock Transportation and Economic Development Corporation, ("TEDCO" and EastGroup Properties, L.P., ("EGP") is made and entered into this day of August, 2019. RECITALS WHEREAS, the City, TEDCO, and EGP entered into that one certain Economic Development Program Agreement (the "2017 Agreement") effective August 10, 2017, setting forth various agreements and understandings with respect to the City's and TEDCO's agreement to provide EGP certain incentives in consideration for EGP's agreement to construct two buildings on the Property; and WHEREAS,the City,TEDCO,and EGP now desire to amend the Agreement as described herein; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained,the parties agree as follows: I. Section 5.1.1 of the Agreement is hereby amended to read as follows: 5.1 Economic Incentive Payment `BIP"). 5.1.1 EIP. City and/or TEDCO shall, subject to EGP's satisfaction of its obligations set forth herein, make EIPs to EGP as set forth herein. The EIP's shall be made in annual payments on or before March 1 of each year as follows: Year Amount of EIP 2020 $23,000 2021 $23,000 2022 $15,000 2023 $15,000 2024 $15,000 H. To the extent necessary to effect the terms and provisions of this First Amendment, the 2017 Agreement is hereby amended and modified. In all other respects, the aforesaid 2017 Agreement is hereby ratified and confirmed. 00428399 IN WITNESS WHEREOF, the parties have executed and attested this First Amendment by their officers thereunto duly authorized. EXECUTED to be effective as of the day of ,2019(the"Effective Date"). CITY OF ROUND ROCK,TEXAS By: Craig Morgan,Mayor APPROVED as to form: Stephan L. Sheets, City Attorney ROUND ROCK TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION By Craig Morgan,President EASTGROUP PROPERTIES,L.P., a Delaware limited partnership By: EastGroup Properties General Partners,Inc.,a Delaware corporation, its general partner By: Its: �tuE By: Its: 2.