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R-90-1399 - 1/11/1990WHEREAS, First Gibraltar Bank ( "Gibraltar ") is the owner of approximately 16.604 acres of land and improvements known as the Round Rock Country Club ( "Club "), and WHEREAS, Gibraltar has determined that it no longer wishes to operate the Club, and WHEREAS, the Club is located immediately adjacent to the Round Rock golf course currently under construction, and WHEREAS, Gibraltar has offered to donate the Club to the City of Round Rock at no cost and with no conditions or obligations, and WHEREAS, the Club would be a tremendous asset to the City and the golf course, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, That the City wishes to approve the acceptance of the generous donation of the Club by Gibraltar, and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute the letter agreement attached hereto and any and all other documents necessary to complete the transfer of title to the Club. RESOLVED this llth day of January, 1990. ATTEST: F1 nl.f.�'ole1�1� ��yit.� J NE LAND, City Secretary C53- RS01110E RESOLUTION NO. /? 9/6/ MIKE ROBINSON, Mayor Mr. Bob Bennett City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 First Gibraltar Z January 5, 1990 RE: Donation of approximately 16.604 acres of land and improvements known as the Round Rock Country Club. Dear Mr. Bennett: This letter is to confirm our conversations regarding the above referenced property. As we have stated, First Gibraltar Bank, FSB has determined it to be not economically feasible to continue operations of the Round Rock Country Club due to the losses incurred in 1989 and expected operating losses for 1990 and future years. Therefore, we will be closing the operations of the Round Rock Country Club effective January 31, 1990. As we have discussed previously, we are interested in finding the most efficient and effective way to continue to make these facilities available to the citizens of Round Rock and Oak Bluff Estates. We are also interested in enhancing the future success of the public golf course being constructed by the City of Round Rock on their property adjacent to the Round Rock Country Club. We believe both of these goals may be accomplished by our donating the above referenced land to the City of Round Rock. We are offering to make this donation at no cost to the City and with no future obligations attached. The donation would be effectuated by means of a deed, conveying legal title to the subject property (together with existing improvements located thereon) to the City of Round Rock which conveyance would be made and accepted without warranty or further obligation upon First Gibraltar. First Gibraltar Bank, FSB 13401 North Freeway Houston, Texas 77000 713 -072 -3100 Insured By'Phe FDIC Mr. Bob Bennett City Manager City of Round Rock January 5, 1990 Page 2 If the donation of this land and facilities is acceptable to the City of Round Rock, please indicate your willingness to accept this donation by signing in the space provided below. Attached is a field note description of the land to be donated to the City. DRF /bjl Attachment LT902002 Agreed andAcceyte By: /d !r "° i ✓ �C Thank you, David R. Foster Vice President Date: DECEMBER 21, 1989 JOB NO. 890 - 0100 -30 FIELD NOTE NO. 890- 0100 -1 BOUNDARY DESCRIPTION FOR OAK BLUFF ESTATES COUNTRY CLUB FIELD NOTES A DESCRIPTION OF A 16.604 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422 WILLIAMSON COUNTY, TEXAS BEING AN UNNUMBERED LOT WITHIN BLOCK D OF OAK BLUFF ESTATES PHASE 2, A SUBDIVISION WHOSE PLAT IS RECORDED IN CABINET F, SLIDES 253 THROUGH 259 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 16.604 ACRE TRACT BEING THE SOUTHEASTERN MOST PORTION OF SAID OAK BLUFF ESTATES AT THE SOUTH END OF TWIN RIDGE PARKWAY, A VARIABLE WIDTH RIGHT -OF -WAY (R.O.W) DEDICATED BY SAID PLAT, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found at the most southerly corner of Lot 75 of the said Block D on the northeasterly R.O.W. line of the said Twin Ridge Parkway for a westerly corner hereof; THENCE along the southeast line of said Lot 75 for A westerly line hereof N 49 °58'54" E, 304.90 feet to a fence corner post found at the most easterly corner of said Lot 75 and an interior corner hereof; THENCE departing the said southeast line of Lot 75 along the northeast lines of Lot 74 of the said Block D and the said Lot 75, as generally fenced, N 50 °20'45" W, 244.77 feet to a fence corner post found at the most northerly southeast corner of Lot 71 of the said Block D for a westerly corner hereof; THENCE departing the said northeast line of Lot 74 along the east lines of the said Lot 71 and Lot 70 of the said Block D, as generally fenced, N 07 °43'36" W, 171.76 feet to a fence corner post found at an interior corner on the easterly lines of the said Lot 70 for a westerly corner hereof; THENCE departing the said east line of Lot 70 along a southeasterly line of the said Lot 70 and Lot 62 of the said Block D, as generally fenced, N 31 °05'18" E, 94.12 feet pass a 1/2 inch iron rod found for the most easterly corner of the said Lot 70 being the most southerly corner of the said Lot 62, in all a distance of 167.16 feet to a fence corner post found at an interior corner of the said Lot 62 for a northwesterly corner hereof; THENCE continuing along said southeasterly line of Lot 62 and Lot 61 of the said Block D, as generally fenced, N 73 °49'43" E, 129.18 feet pass a 1/2 inch iron rod found for the southeast corner of the said Lot 62 and the most southerly corner of the said Lot 61, in all a distance of 262.91 feet to a fence corner post found at the southeast corner of the said Lot 61 on the west line of that certain 15.00 acre tract of land conveyed to Paul F. Haass, Jr. by deed recorded in Volume 638, Page 152 of the deed records of Williamson County, Texas, for the most northerly corner hereof, from which a 1/2 inch iron rod found for the northeast corner of the said Lot 61, on the west line of said 15.00 acre tract bears N 01 °02'02" W, 57.59 feet; THENCE departing the said southeasterly line of Lot 61 along the west line of said 15.00 acre tract being an east line of the said Block D, as generally fenced, the following three (3) courses: 1. S 01 °02'02" E, 269.13 feet to a 1/2 inch iron rod found, Page 1 of 3 Page 2 of 3 Field Note No. 890 - 0100 -1 2. S 01 °02'45" E, 357.86 feet to a point near a fence post found at the south and of said fence, near the waters edge of a Conservation Pond, and 3. Continuing along the west line of the said 15.00 acre tract crossing the said conservation pond S 00 °26'23" W, 139.28 feet to a point for the southwest corner of said 15.00 acre tract and an interior corner hereof; THENCE departing the west line of the said 15.00 acre tract crossing the said conservation pond along the south lines of said 15.00 acre tract, another 15.00 acre tract of land conveyed to Paul Haass, Jr. et.ux. by deed recorded in Volume 847, Page 678 of the said deed records, and that certain 10.868 acre tract of land conveyed to Stephan L. Sheets, et.ux. by deed recorded in Volume 1086, Page 792 of the said deed records N 88 °38'26" E, 623.18 feet to a point for the southeast corner of said 10.868 acre tract; THENCE departing said south lines continuing to cross said conservation pond along the southwesterly lines of that certain 92.50 acre tract conveyed to Louis Schroeder by deed recorded in Volume 364, Page 206 of the said deed records the following two (2) courses: 1. S 41 °49'55" E, 304.28 feet to a point, and 2. S 11 °52'41" E, 313.07 feet to a point for the southwest corner of said 92.50 acre tract being the northeast corner of that certain 582.35 acre tract of land conveyed to Ben Franklin Corp. by deed recorded in Volume 1020, Page 812 of the said deed records for the southeast corner hereof and of the said OAK BLUFF ESTATES PHASE 2; THENCE departing the southwesterly lines of said 92.50 acre tract along the south lines of the said OAK BLUFF ESTATES PHASE 2, BLOCK D, being the north lines of said 582.35 acre tract, as generally fenced, the following two courses: 1. S 88 °43'58" W, 501.92 feet to a 1/2 inch iron rod found, and 2. S 88 °55'50" W, 379.77 feet to a 1/2 inch iron rod found for the most southerly southwest corner hereof; THENCE departing the north line of said 582.35 acre tract, being the south line of OAK BLUFF ESTATES PHASE 2, crossing the southern most R.O.W. line of the said Twin Ridge Parkway, N 01 °06'20" W, 110.00 feet to a 5/8 inch iron rod set at the most easterly corner of said Twin Ridge Parkway for an interior corner hereof; THENCE along the northeasterly R.O.W. lines of said Twin Ridge Parkway for the southwest lines hereof and of the said Block D the following three (3) courses: 1. a distance of 150.35 feet along the arc of a curve to the right whose radius is 146.22 feet, central angle is 58 °54'46 ", tangent is 82.58 feet and whose chord bears N 61 °29'06" W, 143.81 feet to a 5/8 inch iron rod set at the point of tangency, 2. N 32 °01'43" W, 332.55 feet to a 5/8 inch iron rod set at a point of curvature, and 3. a distance of 127.80 feet along the arc of a curve to the left whose radius is 912.18 feet, central angle is 08 °01'39 ", tangent is 64.01 feet and whose chord bears N 36 °02'33" W, 127.70 feet to the POINT OF BEGINNING containing 16.604 acres of land more or less. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS That I, William H. Ramsey, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that the above description is true and correct to the best of my knowledge and that the property described herein was determined by a survey made on the ground under my direction and supervision. WITNESS HAND AND SEAL AT Austin, Travis County, Texas this the Z4. day of �Pn �rn �� , 1989 A.D. Registered Professional Land Sur Lichliter /Jameson & Associates In 811 Barton Springs Road, Sui•e 400 Austin, Texas 78704 -1164 Page 3 of 3 Field Note No. 890- 0100 -1 DATE: January 9, 1990 SUBJECT: City Council Meeting, January 11, 1990 ITEM: 9E. Consider a resolution authorizing the Mayor to execute a contract accepting the donation of the Round Rock Country Club and related amenities. STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: First Gibraltar Bank is donating approximately 16,604 acres of land and improvements known as the Round Rock Country Club to the City. The donation is at no cost to the City and with no future obligations. If acceptable the donation will be City -owned as of February 1, 1990. GOLFCORP CCA/SILBAND PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSISLE FACSIMILE TRANSMITTAL COVER SHEET DATE: ()Y\Ltio,Y8-1,9122) ,PAGES TO OLLOW'LLa DELIVER , ALDITTIONAL INFORMATION: PLCASE NOTIFY US I=EIATELY IF NOT RECEIVED PROPERLY AT 818/782-6171. 15521 VENTURA BOULEVARD • SL'ITE 665 • ENCINO. CALIFORNIA PI436 8.18/N2 • FAX 818/782-94150 BUSINESS TERMS OUTLINE LONG TERM LEASE OWNER: City of Round Rock, Texas LESSEE: GolfCorp, Round Rock Golf, Inc., a single purpose Texas Corporation and wholly owned subsidiary of CCA/ Silband GolfCorp PROPERTY: The Round Rock County Club including all facilities, furniture, fixtures, equipment, and personalty therewith connected. TERM: 1 Five (5) years with four (4) five ( ) year options. ( TERM TO CO MMENCE: ) Simultaneously with the commencement pf golf operations /1 at the Round Rock Municipal Golf Course. LESSEE'S OBLIGATIONS: REMUNERATION: Lessee will have the duty, obligation, responsibility, and authority on behalf of the Owner, to perform any act necessary in the operation of the Round Rock Country Club in a manner to enhance the value of Owner's property and maximize its profitability. Lessee will be responsible for the payment of all operating expenses of the Property including property taxes. Lessee will exercise the normal prerogatives of management including, but not limited to: (i) establishing policies, procedures, standards of operation, pricing, as well as other policies and procedures. (ii) performing any other act necessary or desirable for the operation and maintenance of the Property which are consistent with professional golf management practices and are reasonably designed to provide for the well being of the Property, its patrons, Owner and Lessee. Owner will have the right to approve any changes to all policies, procedures, and pricing. As it is anticipated that there may be operating losses for the owner to recover from the interim operations, the schedule of revenue split will be as follows: Owner will receive annual payments equal to 75% of annual Net Operating Income until such time that verifiable losses from the interim operation are fully recovered. Once the Owner's losses are recovered, the profit split will be 50% - 50% between the owner and Lessee. Net Operating Income to be defined as all operating revenue less all operating expenses and capital reserve replacement contributions. EQUIPMENT: INSURANCE: CAPITAL REPLACEMENT RESERVE: OPERATIONAL GUIDELINES: Any rosso 11/15/90 Vice President Development CCA /Silband GolfCorp AC /ch CC: Bob Husband Norm Goodmanson All equipment currently in use at the facility will remain the property of the Owner. Lessee will have the right to use all equipment during the term of the lease. Lessee will be responsible to maintain the equipment during the term of the agreement. Lessee will have the obligation to replace any equipment which becomes unserviceable during the term of the agreement, however, the Lessee will retain the title to any equipment purchased to replace existing equipment. Lessee will provide an insurance certificate naming Owner as additional insured. Beginning at the end of year one of Lesse's operation, Lessee agrees to provide for a Capital Replacement Reserve designed to insure the quality of the facility and enhance the long term value of the property. Terms for the annual contributions to this are to mutually agreed upon. GolfCorp will install a team of food and beverage management professionals. Furthermore, the managers of the Round Rock Country Club will be able to draw upon the specialized skills of Club Corporation of America's South Central base of operations along with GolfCorp's an site management professionals. CCA South Central can provide support and expert guidance in all areas of food & beverage operations, marketing and management, This outline is intended to reflect the basic business terms to be agreed upon and incorporated into a final long term lease agreement. The final agreement will be contingent on CCA board approval, and final legal drafting acceptable to both parties and their respective legal counsel. If the foregoing reflects your understanding, please signify by your approval below. Upon receipt of an executed copy we will prepare a board presentation with legal drafting to follow. Accepted in Principal: Bob B nett Date: City Manager City of Round Rock °` J?1 14794 1