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2016-3828 - 9/22/2016RESOLUTION NO. 2016-3828 WHEREAS, the Round Rock Transportation and Economic Development Corporation ("RRTEDC") has previously entered into an Administration and Funding Agreement for the City of Round Rock Economic Development Program on the 24th day of September, 2015 by and among the City of Round Rock, the Round Rock Transportation and Economic Development Corporation and the Round Rock Chamber of Commerce, collectively the "Parties"; and WHEREAS, the Parties have determined that it is in their best interest to modify and extend the term of the Agreement to December 31, 2016; and WHEREAS, the Parties now wish to enter into a First Amendment to the Administration and Funding Agreement for the City of Round Rock Economic Development Program, 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 RRTEDC a First Amendment to the Administration and Funding Agreement for the City of Round Rock Economic Development Program with the City of Round Rock and the Round Rock Chamber of Commerce, a copy of same 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. 0112.1506;00364454 RESOLVED this 22nd day of September, 2016. Al ATTEST: JON E/.§LOAN, Secretary ALAN MCGRAW, President Round Rock Transportation and Economic Development Corporation 2 EXHIBIT "A„ FIRST AMENDMENT TO THE ADMINISTRATION AND FUNDING AGREEMENT FOR THE CITY OF ROUND ROCK ECONOMIC DEVELOPMENT PROGRAM This First Amendment ("First Amendment") is to that one certain Administration and Funding Agreement for the City of Round Rock Economic Development Program ("Agreement") entered into on the 24'x' day of September, 2015 by and among the City of Round Rock ("City"), the Round Rock Transportation and Economic Development Corporation ("TED Corp.") and the Round Rock Chamber of Commerce ("Chamber"), collectively the "Parties". RECITALS WHEREAS, the Parties entered into the Agreement on the 24'1' day of September, 2015; and WHEREAS, the Parties have determined that it is in their best interest to modify and extend the term of the Agreement to December 31, 2016; NOW THEREFORE, the Parties agree to amend and modify the Agreement as follows: I. 1.01 Article III, Funding, Section 3.01. Fees is hereby amended to read as follows: Section 3.01. Fees. For the services provided by the Chamber in the administration and execution of the Program, the TED Corp. agrees to fund the Chamber $535,000.00 for the fiscal year beginning October 1, 2015 and ending September 30, 2016, at the rate of $44,583.33 per month. The City will continue fund the Chamber at the rate of $44,583.33 per month for the months of October, November, and December, 2016. The Chamber will provide an invoice to the TED Corp. by the first of each month. 1.02 Article V, Term, Section 5.01. Term of Agreement is hereby amended to read as follows: Section 5.01. Term of Agreement. This Agreement is effective as of October 1, 2015, and shall expire on December 31, 2016. Regardless of the foregoing, the Parties anticipate this Agreement to be a long term multi-year relationship among the Parties, subject to annual renewals thereof. II. 2.01 To the extent necessary to effect 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. First Amendment; 9-14-16 (00364379) 2.02 This First Amendment may be executed in courterparts, each of which shall be an original and all of which together shall constitute buy one and the same instrument. IN WITNESS WHEREOF, this Agreement is entered into to be effective as of the 22nd day of September, 2016 Round Rock Chamber of Commerce By: its City of Round Rock, Texas IN Alan McGraw, Mayor Attest: Sara White, City Clerk For City, approved as to form: Stephan L. Sheets, City Attorney Round Rock Transportation and Economic Development Corporation By: Alan McGraw, President For TED Corp., approved as to form: Stephan L. Sheets, Corporation Attorney