R-2024-102 - 4/25/2024 RESOLUTION NO. R-2024-102
WHEREAS, on the 26th day of August 1993, the City of Round Rock ("City") and Dell Inc.
entered into that one certain Economic Development Program Agreement ("Agreement") establishing
an Economic Development Program as authorized by §380.001 of the Texas Local Government Code;
and
WHEREAS, the City and Dell Inc. hereto now wish to amend the Agreement by extending the
term thereof and by updating names and addresses for giving notice, 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, First
Amendment to Economic Development Program Agreement with Dell Inc., 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 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 25th day of April, 2024.
Al
CRAI MOR AN, Mayor
City of Roun ock, Texas
ATTEST:
MEAGAN j9NKS, ty Clerk
0112.20242;4872-6876-9975 -
EXHIBIT
"A►►
FIRST AMENDMENT TO
THE ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
THIS FIRST AMENDMENT TO THE ECONOMIC DEVELOPMENT PROGRAM
AGREEMENT(the"First Amendment")is dated and entered into as of the day of May 2024,by and
between the City of Round Rock, Texas (the "City") and Dell Inc., successor by name change to Dell
Computer Corporation("Dell'.)
RECITALS
WHEREAS, on the 26th day of August 1993, the City and Dell entered into that one certain
Economic Development Program Agreement (the "Agreement') establishing an Economic Development
Program as authorized by §380.001 of the Texas Local Government Code; and
WHEREAS, the parties hereto now wish to amend the Agreement by extending the term thereof
and by updating names and addresses for giving notice;
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 City and Dell mutually agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01 All terms used herein shall have the meanings assigned to them in the Agreement, unless
the context clearly requires otherwise.
ARTICLE II
AMENDMENTS
Section 2.01 Wherever it appears in the Agreement,the name DELL COMPUTER CORPORATION is
amended to read DELL INC.
Section 2.02 In Section 3, Term of the Agreement, the date December 31, 2053, is amended to read
December 31, 2099.
Section 2.03 In Section 18, Notice of the Agreement, the appropriate party and addresses for notice to
Dell are amended to read as follows:
Company Dell Inc.
One Dell Way, RR1-11
Round Rock,Texas 78682
Attn: Facilities—Senior Vice President
With a copy to: Dell Inc.
One Dell Way, RR1-33
Round Rock,Texas 78682
Attn: Facilities Legal
First Amendment to Economic Development Program Agreement(Clean Final 04-08-2024)(003)4873-0653-7653 v.2
ARTICLE III
MISCELLANEOUS
Section 3.01 To the extent necessary to affect the terms and provisions of this First Amendment, the
Agreement is hereby amended and modified.In all other respects,the aforesaid Agreement is hereby ratified
and confirmed.
Section 3.02 This First Amendment may be executed in counterparts,each of which shall be an original
and all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly
executed as of the day and year first above written.
THE CITY OF ROUND ROCK,TEXAS
By:
Craig Morgan,Mayor
DELL INC.
By:
Mark Pringle, Senior Vice President,
Global Facilities & EHS
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