R-91-1592 - 3/28/1991WHEREAS, that certain Consulting Agreement ( "Agreement ") was
executed on February 1, 1989 by and between the City of Round Rock
( "City ") and CCA Silband Sports Corporation, now known as CCA
SILBAND /GolfCorp Inc. ("GolfCorp"), and
WHEREAS, City and GolfCorp desire to amend said Agreement to
provide for a Spring Maturation Phase, 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 a First Amendment To Consulting Agreement, a copy
of said Amendment being attached hereto and incorporated herein for
all purposes.
RESOLVED this 28th day of March, 1991.
ATTEST:
NE LAND, City Secretary
RS03281K
RESOLUTION NO. 15922,
MIKE ROBIN •N, Mayor
City of Round Rock, Texas
GC1stAmend
FIRST AMENDMENT TO CONSULTING AGREEMENT
This First Amendment To Consulting Agreement ( "Amendment ") is
entered into effective as of March 28, 1991, by and between the City
of Round Rock, Texas ( "City ") and CCA SILBAND /GOLFCORP, INC.
( "Consultant "), formerly known as CCA Silband Sports Corporation.
Whereas, that certain Consultant Agreement ( "Agreement ") was
executed by City and Consultant on February 1, 1989; and
Whereas, due to an unavoidable delay in the opening of the golf
course an additional Spring Maturation Phase is needed, and
Whereas, City and Consultant desire to amend said Agreement to
provide for a Spring Maturation Phase and Consultant's
responsibilities therefor,
Now Therefore, for and in consideration of Ten Dollars ($10.00)
and other good and valuable consideration, City and Consultant do
hereby modify and amend the Agreement as follows:
1. Paragraph 11 of the Agreement is deleted in its entirety and
the following substituted therefore:
11. There shall be a Maturation Phase, and if necessary a Spring
Maturation Phase. The Maturation Phase is defined as the
period commencing upon the completion of construction, and
terminating upon the opening date of the facility. The
Spring Maturation Phase is defined as the period commencing
upon spring grass planting time (approximately April 1) and
terminating 60 days thereafter. During the Maturation Phase,
Consultant shall be responsible for the daily maintenance of
the facility including the golf course, clubhouse, and
attendant facilities. This responsibility will extend to and
include provision of all necessary personnel and supplies
for the operation. During the Maturation Phase, all expenses
associated with the performance of the responsibilities of
Consultant will be paid by Consultant. It is anticipated
that the Maturation Phase will last for from 90 to 180 days.
During the Spring Maturation Phase, Consultant shall be
responsible for reseeding and /or resodding any areas of the
golf course requiring same. This responsibility will extend
to and include provision of all necessary personnel and
supplies, including but not limited to seed, sod, fertilizer
and other chemicals. All expenses associated with the
performance of the responsibilities of Consultant during the
Spring Maintenance Phase will be paid by Consultant.
2. Paragraph 12 of the Agreement is deleted in its entirety and
the following substituted therefore:
12. In consideration of services to be rendered during the
Maturation Phase, City shall pay Consultant Twenty -Four
Thousand and No.100 Dollars ($24,000.00) per calendar month,
such payments to be prorated in the same manner as the
consulting fee payments detailed hereinabove if necessary.
In consideration of services to be rendered during the
Spring Maturation Phase, City shall pay Consultant Twenty -
Two Thousand and No /100 Dollars ($22,000.00) payable
$11,000.00 on April 15, 1991 and $11,000.00 on May 15, 1991.
3. This Amendment may be executed in one or more counterparts,
each of which shall be deemed an original for all purposes.
4. To the extent necessary to effect the terms and provisions
of this Amendment, the Agreement is hereby amended. In all other
respects, the Agreement is hereby ratified and confirmed.
CITY:
ATTEST:
2.
City of Round Rock, Texas
By: AdeL
Mi a Robinson, Mayor
ATTEST:
By: f Therese L. L. Wallace
Title: Executive Assistant
3 .
CONSULTANT:
CCA SILBAND /GOLFCORP, INC.
(Formerly known as CCA Silband
Sports Corporation})
By: 1 U Jef M. Silverstein
Title: dPresident
April 17, 1991
Robert L. Bennett, Jr.
City Manager
The City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Dear Mr. Bennett:
Enclosed are originals of the "First Amendment to Consulting
Agreement" and "First Amendment to Management Agreement"
that have been executed by Jeff M. Silverstein on behalf of
CCA Silband GolfCorp.
If you have any questions, please feel free to call.
Sinc -re.y,
Therese L. Wallace
Administrative Assistant
/tlw
Enclosures
C
GOLFCORP
CCA - SILBAND
3030 LB] FREEWAY • SUITE 350 • LB49 • DALLAS, TEXAS 75234
214/888 -7766 • FAX 214/888.7782
/59/7-<_/
DATE: March.26, 1991
SUBJECT: City Council Meeting, March 28, 1991
ITEM: 9.K. Consider a resolution amending the Consulting
Services Agreement with CC& Silband / GolfCorp.
STAFF
RESOURCE PERSON: Bob Bennett
STAFF
RECQ WENDATION:
Funds in the amount of $22,000 are available in the Golf Course
Construction Fund and have been set aside for the spring bermuda
planting. This planting is necessary because of the incomplete
grow - last fall.
To accomplish this spring planting in the most efficient and
expeditious manner, a Spring Maturation Phase is to be entered
into with CCA Silband. CCA Silband will perform the planting
and will provide all equipment and personnel required to accomplish
the task. Cost for this Spring Maturation Phase will not exceed
$22,000.