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Home My WebLink AboutC2007-338 - 11/13/2007 - ApprovedAMENDMENT TO STADIUM LEASE AGREEMENT This Amendment to the Stadium Lease Agreement made and entered into the 24~' day of April, ~a~4, by and between the CrT~ ~F C~RP~]S C~I~ISTI, T1J~A.S ~"pity„}, a Texas borne rule municipality, and R~~JND I~~CK BASI~BALL, . ~"Lessee"}, and assigned to CARPUS C~~ITI BA F~SBALL CLUB, LP, a Texas Lfm~ted Partnership, is made and entered into this the { day of ~c , 2~0~; ~v~b~r ITNESLT~: w~~R~AS, City and Lessee desire to amend the terms of the Stadium Lease Agreement to provide far the means of financing and constructing additional improvements to the Baseball Stadium; '~EIAS, City and Lessee desire to maintain in farce anal effect all other terms of the Stadium Lease Agreement; ]~~, T~IERBF~~, in consideration of the covenants and agreements herein contained to be kept and performed by City and Lessee, the Parties agree to amend the Stadium Lease Agreement as follows: Article , Beginning Condition, Alterations and lmpraverr7ents, Section S~3 Alterations, is amended to read as follows: Section . Altera~f ons. Any subsequent alterations, additions, or construction of new impro~rements on ar in the Leased Premises must be consistent with the permitted uses of the Leased premises as set Earth in Section ~.5 and must be consistent wig the then appearance of the Leased Premises and the uses being made thereof? and must be approved in advance in writing by the City, such approval not to be unreasonably withheld; provided, however, that Lessee is not required to obtain the City's prior approval far ~a} nonstructural remodeling ar installation or removal of Remavables ar other trade fixtures and equipment; fib} tenaparary irnpravements or alterations to accanzmadate particular events; ~c} alterations required to comply with any applicable law or any requirements of the Sanctioning Association; ~d~ alterations resulting franc restorations or repairs of existing facilities; ar fie} any nonstructural alterations costing less than I a0,0~a, with respect to any single alteration, ar $5aa,a~a in any calendar year with respect to a series of alterations 1Votwithstanding the foregoing, Lessee shalt have the right to construct additional facilities upon the Land so long as the same are consistent in exterior appearance with the architectural theme of the Baseball Stadium, Lessee provides the City reasonable evidence of Lessee's ability to pay far the same, and so Tong as the carne} when completed, will not have reduced the overall utility of the Baseball Stadium or weakened ar impaired the structural integrity of the Baseball Stadium, Far work rewiring the City's approval, Lessee shall submit the plans, specifications and construction drawings to the City with Lessee's request far approval. Anything to the contrary herein notwithstanding, no such alterations, additions, or in~,~rovemer~ts ~h~1I c~,~~e the facilities within the Leased Prerrrises to cease to qualify as ~007~5 1111307 ord. o~747 FerFie~dlAmend~nenttoStadiumLease Round Rock Baseball ~ `~pra~ect" ender Section 4A{i} of Article 5190.x, Texas Revised Civil Statutes. In the event the Capital Repair work Account, aver accounting for all Capital Repair worl~ proposed by Lessee pursuant to Section 7. ~ 1 {d}, has an unencumbered balance of $175,~~0 ar more, Lessee, with the approval of the City, v~hich approval shah not be unreasonably v~ithheld, may utilise such unencumbered Capital Repair work Account funds far the construction of such alterations, additions, or construction of new irnprovenients. If Lessee so utilizes the Capital Repair word Account funds, the Lessee shall be obligated to pay the suppXexnental rent as provided in Sections 4,~{b} and 4.4{b} until the Capital Repair worl~ Account has a balance of $~0,0~4 during the initial term and a balance calculated in accordance Frith 7~ l I ~c}below far any renewal option period. Should the supplemental rent not restore to the Capital Repair worl~ Account the amount used for the financing of such alteration, addition or constriction of ne~v irrrprovements v~ithin twenty-four {24} months of the completion of such alteration, addition or construction of new improvements, then, in such event, Lessee shall pay from its vv~a funds such amount necessary to so restore the Capital repair work Account within sixty {~~} days of notice from the City Additionally and notwithstandingany. provision of this Lease, in the event capital repairs are required pursuant to Section x.11 and funds available in the Capital repair work Account are not sufficient to perform the required Capital Repair wor1~ due to use of funds in the Capital Repair work Account for the financing of alterations, additions or construction of new improvements under this Section, then Lessee shall pay, from its ovvn funds, the cost of the Capital Repair work up to the amount of funds used from the Capital Repair worl~ Account for financing alterations, additives, or construction of new improvements under this Section. By execution of this Amendment, the parties agree to be bound by the amended provisian~ All other provisions, obligations, and conditions of the Stadium Lease Agreement not changed by this Amendment remain the same and in full farce and e£fect~ E UTE~ IN DU L~C~, ~, each of v~hich is considered an original, on this the day of , ~~~7. H;I~gDirlgwslEnglV~ataburger~'ieldlAmen~mentta~tadiumLease THE CITY; ATTEST: Armando Chapa City Secretary Approved as to legal form October ~ 2007 Mary ay Fi er City ttorney STATE ~F TEXAS C~~JNT~' ~F NUECES CITY ~~ C~RP~J CHRISTI H yor D~ ~ AUI~#~UKltt~ e1r Cout~Cl~. M 3 0 S~RETI4RY ~ . ~~ This ~nstru~n.ent vas aco~vledged before me on the day of r~~, 200', by Henry Barrett, Mayor of the City of Corps Ch~ist~, Texas home ~u~e n~un~c~pality, on behalf of the city, 0 ~~i~~~ ~~#~,~ TE~R~ SAN~~YA hl~~ry ~~blic TATS OF TF.~A5 Notary Fub , Sta of Texas ~~~,~ My comm. exp. ~~-19•~~~ c H: LegD~xlgwslEnglha~aburgerFteldlAmendr~ent~otad~umLease LESSEE, ATTEST ~RP~S ~/ Rei Ryan ~ General Partne EASEBALL ~L~~, LP STATE ~F TEXAS ~~J-NTY ~~` ~1EES . ~~~ ~ Thls ~n~tru~nent a ackn~ledged befere me an the ~ day of Septerr~b~r, 2D~7, by ~ general Partner of orpu hris~i Baseball lug, LF, a Texas ll~l~ed partnership, on behalf of the partnership, ~`~ -~ ~~~oH ~ovu~, Natar~ ~ub~ie, State ~f Texas ~~ ~~~~sNO~ ~a~~~ $~Pfi~M~~~ ~3, 208 H: ~,~gDirlgwslEnl~a~a~urgerFie~dlAmendmenttoStadiurnLease + ~' S ~ ~ ~ ~ - ~ s ' ~C~O~~~ ~~ ~~ pity of Corpus Chrts~ Ordinance ~~~ ~2, s arnended, requires alb persons yr firms seeking to do business w~h a City tc provide the tclio `ng intorm '~ .Every , uebivn must a eyed, ~ the question i nat appiicab~e, answer with "NAB. _ _ F~RNE iIIME: ~' ~,' ` • ~ ~. Partnershr t~ ~, S~~e Owner o 4. Assoaation ~ FIRM ~s. ~ , orpora~an p 5. Other ~ ~]~L~~IRE ~UET#~~V If addi~cnai space ~ necessary, please use the averse side of this page ar attach separate sheep ~. She narnes e1 "erriplDyee" ~~ itjl ~~ Corpus hriS~ having an "~Y~ftlefship lnberest" conS~tuting ~% or mire of the ownership in the above Warned "firm", Name Job Tie and City Cepa~trner~ {'~ known ~. ~a#e the names ~ each "~ ~ the City of Corpus Ohr`rsti having an "ownership i~t" constitardng ~ or snore the ownership in the above named ;`fr~n". Name Tree . ~e the names beach "board menrrber" of the City Corpus Christi having an "ownership interest' const~uting or snore ~# the ownership irr the above named "~rrn". Marne ~ ~ Board, Comrn~ssion ar Committee ~. She names of each ernpioyee or officer of a "consume for the City of Carpc•Chris~i who worked on any matter related to the sub# ar this cant~rt and has an`ownership interest" constituting 3°~ yr mare of the OwnehiR ~~ ~ ~ "~rn'1". Name ~ Coru~ant CER~~lCA~#"E } ~ certify that a[~ ~nforma~on provided true and correct as o~ the die of th~ s~~temen~ that ~ have not kncwing~y w~hhe~d ~isdosure o~ any' ' n requested f and that supplemental sorer ~~i be p~omp~y ul~ed to the City of Cons Chris, texas as changes occur. . ~ , Cerng Per~an. ~i e, Type or Prin#~ Signature of Ce person: ~ date: ~9.