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HomeMy WebLinkAboutC2026-050 - 4/14/2026 - Approved THIRD AMENDED LEASE AGREEMENT WITH FORESIGHT CORPUS CHRISTI GOLF, LLC WHEREAS, on October 26, 2010, the City of Corpus Christi (City) and Foresight Corpus Christi Golf, LLC, a Texas Limited Liability Company and wholly owned subsidiary of Foresight Golf L.L.C., a Texas Limited Liability Company (Operator) entered into a Lease Agreement (Lease) regarding Oso Beach and Gabe Lozano (as defined in the Lease); WHEREAS, Operator took possession of the Premises on February 1, 2011 and the Lease became effective on this date; WHEREAS, the Lease was amended by Amendment No. 1 on April 30, 2013, and Amendment No. 2 as of December 1, 2020; WHEREAS, the Lease was amended by Addendum No. 1 as of September 14, 2021; WHEREAS, the Lease was amended by First Amended and Restated Addendum No. 1 on was approved as of October 26, 2021; WHEREAS, the Lease was amended by Second Amended and Restated Addendum No. 1 as of January 10, 2023; and WHEREAS, Operator is in its first extension term of 10 years that expires in 2031, with two five-year renewals; and WHEREAS, the intent of this Third Amended Lease Agreement with Foresight Golf, LLC is to extend the term of the Lease to prolong Operator's partnership with the City to assure Operator recovers its maximum investment. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The City and Operator enter into this Third Amended Lease, effective upon the date of last signature or 60 days after second reading of the City Ordinance authorizing execution hereof, whichever is later. 2. The current term which expires January 31 , 2031, is extended to January 31, 2041 (Current Term). 3. After expiration of Current Term, Lease may be extended upon written agreement of the Operator for two additional five-year terms (Renewal Terms) upon written approval of City Manager. Operator shall notify the City Manager in writing at least 90 days before the end of the Current Term or Renewal Term if Operator elects not to renew this Lease for the Renewal Terms. SCANNED 4. The lease shall not exceed 40 years and shall not extend past January 31, 2051. 5. Operator must pay all newspaper publication costs, if any, for this Amendment as required by the City Charter. 6. All other terms, conditions, and covenants of the Lease and addendums and amendments thereto remain in effect. AGREED: CITY OF CORPUS CHRISTI • ATTEST: tA-"4:m. By: RE ECCA HUERTA • Peter Z oni, City apager CITY SECRETARY Date: It•- 2.$—�.i• Approved as to form: 0 23 -2-1 Z4' '�-�D�'� AUTHORIZED ae1414, 0‘e4/7,efl BY COUNCIL 1 _f t f a u Assistant City Attorney Jc-t5 SECRETARY FORESIGHT CORPUS CHRISTI GOLF, L.L.C. By: /' mil Daniel edrotti, Jr., Manager Date: y I3 J�b STATE OF TEXAS COUNTY OF VQY1d all This instrument was acknowledged before me on A ri1 a3 , f by Daniel A. Pedrotti, Jr. as Manager of Foresight Corpus Christi Obit L.L.C. on behalf of said company. • otary Public 11)•� KRISTIN MARIE HTR +°�J�. Notary ID#12472RIG4771E W. My Commfssfon Expires May 1, 2029