CM-13-02-031ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Item Caption:
Ci44- 13- D2. -D3 RECEIVED
JAN 30 2013
City Manager Approval Form
Consider executing the Second Amendment to the Commercial Lease Agreement with Laboratory
Corporation of America, dba LABCORP
Approval Date: 2/1/2013
Department Name: Administration Department
Project Manager:
Assigned Attorney: Charlie Crossfield
Item Summary:
LABCORP is a tenant in The Commons Shopping Center which the City recently purchased. They have been a tenant there since
2006 and their lease expired on August 31, 2012. This agreement extends the lease with LABCORP from September 1, 2012 until
August 31, 2013 at a rate of $1,945.45 per month.
No. of Originals Submitted: 3
Project Name:
Cost: 0 - income of $1,945.45 per month to the City
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Date: 1/30/13
Department Director Approval: S. White
Date: 1/24/2013
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP I I I 1 Budget
N/A OK
El
N/A OK
Purchasing
o❑
N/A OK
Accounting
N/A
0
OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
os t
SECOND AMENDMENT TO
COMMERCIAL LEASE AGREEMENT
THIS SECOND AMENDMENI TO COMMERCIAL LEASE AGREEMENT (this
"Second Amendment") is dated this It day o-f��' , 2013, by and between CITY
OF ROUND ROCK, TEXAS {"Landlord") and LABORATORY CORPORATION OF
AMERICA, D/B/A LABCORP ("Tenant").
WHEREAS, BACK IN TEXAS, LP ("Original Landlord") and Tenant entered into that
certain Commercial Lease Agreement (the "Lease") as of August 27, 2006, for Suite 300 (the
"Premises") in The Commons Shopping Center owned by Landlord and located 901 Round Rock
Avenue., Round Rock, Texas 78681 (the "Building"); and
WHEREAS, that certain First Amendment to the Commercial Lease Agreement was
entered into as of August 27, 2007, by and among Original Landlord and Tenant, whereby,
among other things, the parties amended the Commercial Lease Agreement to extend the term for
an additional five (5) year term (the "Extended Term"), commencing September 1, 2007 and
expiring August 31, 2012; and
WHEREAS, Landlord has succeeded to the interest of Original Landlord under the
Lease; and
WHEREAS, the Lease expired August 31, 2012 and Tenant remained in continuous
possession of the Premises under terms and conditions which were mutually agreed to between
Tenant and Landlord.
Consequently, Landlord and Tenant wish to amend the Lease with regard to the
foregoing, and as otherwise set forth herein.
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which is hereby
confessed and acknowledged, Landlord and Tenant hereby agree as follows:
1. Term. The Lease is hereby extended for an additional one (1) year term (the "Second
Extended Term") commencing September 1, 2012, and expiring August 31, 2013.
2. Base Monthly Rent. Section 4.A. of the Lease is hereby amended to reflect that the Base
Monthly Rent for the Premises for the Second Extended Term shall be as follows:
September 1, 2012 through August 31, 2013 $ 1,925.45 per month
3. Effect of Amendment. Any and all terms and provisions of the Lease are hereby amended and
modified wherever necessary, and even though not specifically addressed herein, so as
to conform to the amendments set forth in the preceding paragraphs. The Lease shall
otherwise remain unaffected and in full force and effect as originally written.
4. Capitalized Terms. All capitalized terms used in this Amendment shall have the meaning ascribed to them
in the Lease unless otherwise defined herein.
INTENTIONALLY BLANK FOR REMAINDER OF THIS PAGE
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x.C41302-03I
5. Counterparts. This Amendment may be executed in several counterparts and all counterparts so
executed shall together be deemed to constitute one final agreement as if signed by all parties hereto and all
counterparts shall be deemed to be an original.
6. Roadway Improvements. Tenant acknowledges that Landlord has advised it of pending roadway
improvements for RR 620 which may also affect Brushy Creek, Sam Bass Road and/or Chisholm Trail. Such
improvements may impact the Shopping Center and the Premises, access to and from each, and available
parking. Tenant agrees that it has not relied on statement or representation of Landlord or Landlord's agent
with respect to the scope, timing, or any other aspect of such improvements. Tenant expressly agrees that it
shall do its own due diligence with respect to these issues and waives any and all claims against Landlord
and its agents that might arise as a result of such improvements or their impact on the Shopping Center or
Premises.
By:
EXECUTED effective as of the date first set forth hereinabove.
TENANT:
LANDLORD:
Laboratory Corporation of America, CITY OF ROUND ROCK, TEXAS
d/b/a >fabCorp
Name: Scott R. Evans, Vice President
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City Manager