R-2017-4148 - 1/26/2017RESOLUTION NO. R-2017-4148
WHEREAS, the City of Round Rock ("City") and KR CC, Inc. entered into that certain
Ground Lease Agreement, dated as of December 20, 2016 (the "Ground Lease"), pursuant to which the
City leases to KR CC, Inc., and KR CC, Inc. leases from the City the real property described at Exhibit
A-2 therein (the "Leased Premises"); and
WHEREAS, pursuant to Section 2.1(B) of the Ground Lease, the City and KR CC, Inc. desire
to amend the Ground Lease to include additional real property consisting of approximately 1.5 acres of
land located at 3309 Palm Valley Blvd. E. in Round Rock, Texas, and fiu-ther described at Exhibit A (the
"Boyles Tract") and attached to the First Amendment to Ground Lease Agreement, 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 the First
Amendment to Ground Lease Agreement, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes; and
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 26th day of January, 2017.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
QM /L- - ItQeJ7
.. L. WHITE, City Clerk
0112.1704;00370858
EXHIBIT
„A„
FIRST AMENDMENT TO GROUND LEASE AGREEMENT
This FIRST AMENDMENT TO GROUND LEASE AGREEMENT (this
"Amendment") is made and entered into as of February 1, 2017 (the "Effective Date"), between
CITY OF ROUND ROCK, TEXAS, a home rule city and municipal corporation (the "City"),
and KR CC, INC., a Delaware corporation ("Tenant").
RECITALS
A. The City and Tenant entered into that certain Ground Lease Agreement, dated as
of December 20, 2016 (the "Ground Lease"), pursuant to which the City leases to Tenant, and
Tenant leases from the City the real property described at Exhibit A-2 therein (the "Leased
Premises"); and
B. Pursuant to Section 2.1(B) of the Ground Lease, the City and Tenant desire to
amend the Ground Lease to include additional real property consisting of approximately 1.5 acres
of land located at 3309 Palm Valley Blvd. E. in Round Rock, Texas, and further described at
Exhibit A attached hereto (the "Boyles Tract").
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties agree as follows:
1. Defined Terms. Terms utilized but not defined herein shall have the meanings set
for the in the Ground Lease.
2. Addition of Boyles Tract. The Ground Lease is hereby amended such the Boyles
Tract is added to the Leased Premises.
3. Revised Leased Premises. The Ground Lease is hereby amended such that the
current Exhibit A-2 - Leased Premises of the Ground Lease, shall be deleted in its entirety and
replaced with the Exhibit A-2 - Leased Premises, attached hereto as Exhibit B.
4. Ratification. Except as amended hereby, the Ground Lease is hereby ratified and
remains in full force and effect.
5. Governing Law. This Amendment and the Ground Lease are governed by laws of
the State of Texas.
(Signatures appear on following pages)
IN WITNESS WHEREOF, the City and Tenant have entered in this Amendment as of
the day and year first above written.
CITY:
CITY OF ROUND ROCK, TEXAS
a home rule city and municipal corporation
IN
Alan McGraw, Mayor
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the _ day of , 2017,
by Alan McGraw, as Mayor of the CITY OF ROUND ROCK, TEXAS, a home rule city and
municipal corporation.
Notary Public
State of Texas
My Commission:
[Signature page to First Amendment to Ground Lease Agreement]
TENANT:
KR CC, INC.
a Delaware corporation
itz
Todd Nelson, President
ACKNOWLEDGMENT
STATE OF
COUNTY OF
This instrument was acknowledged before me on the _ day of , 2017,
by Todd Nelson, as President of KR CC, INC., a Delaware corporation.
Notary Public
State of Wisconsin
My Commission:
[Signature page to First Amendment to Ground Lease Agreement]
Exhibit A
Boyles Tract
LOT 1, BERTIL TELANDER SUBDIVISION, AN ADDITION IN WILLIAMSON COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN CABINET H,
SLIDE 126, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND AS CORRECTED
BY INSTRUMENT RECORDED IN VOLUME 1419, PAGE 416, REAL PROPERTY
RECORDS OF WILLIAMSON COUNTY, TEXAS.
Containing 1.5 acres, more or less.
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Exhibit B
Leased Premises
[see attached]