R-2017-4162 - 1/26/2017RESOLUTION NO. R-2017-4162
WHEREAS, in Resolution No. R 2016-4015, the City Council authorized the Mayor to execute
that certain Ground Lease by and between the City ("Lessor") and KR CC, Inc. ("Lessee") (the "Ground
Lease"); and
WHEREAS, Lessor and Lessee joined in executing a memorandum of the Ground Lease in order
to provide public notice of the existence of the Ground Lease and Lessee's rights thereunder,; and
WHEREAS, Lessor and Lessee wish to amend the memorandum of the Ground Lease, Now
Therefore, 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 Memorandum of Ground Lease, 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:
Mme��,
SARA L. WHITE, City Clerk
0112.1704; 00370886
EXHIBIT
«A„
Recording Requested By and
When Recorded Mail To:
Michael Best & Friedrich LLP
One South Pinckney Street, Suite 700
Madison, Wisconsin 53703
Attention: Michael S. Green
FIRST AMENDMENT TO MEMORANDUM OF LEASE AND OPTION
This FIRST AMENDMENT TO MEMORANDUM OF LEASE AND OPTION (this
"Amendment"), dated as of February 1, 2017 is entered into between CITY OF ROUND
ROCK, TEXAS, a Texas local government home rule 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
December 20, 2016 (the "Lease Agreement"), pursuant to which the City leases to Tenant, and
Tenant leases from the City the real property described therein (the "Leased Premises") and a
Memorandum of Lease and Option dated December 20, 2016 and recorded on as
(the "Memorandum") to provide constructive notice of Tenant's rights
under the Lease Agreement to all third parties; and
B. The City and Tenant desire to amend the Memorandum to update the legal
description of the Leased Premises.
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 Memorandum.
2. Revised Leased Premises. The Memorandum is hereby amended such that the
current Exhibit A - Leased Premises of the Memorandum, shall be deleted in its entirety and
replaced with the Exhibit A - Leased Premises attached hereto.
3. Ratification. Except as amended hereby, the Memorandum is hereby ratified and
remains in full force and effect.
4. 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
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 Memorandum of Lease and Option]
TENANT:
KR CC, INC.
a Delaware corporation
IC
Todd Nelson, President
ACKNOWLEDGMENT
STATE OF WISCONSIN
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 Memorandum of Lease and Option]
Exhibit A
Leased Premises
(see attached)