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HomeMy WebLinkAboutC2013-268 - 4/30/2013 - NA Amendment No. 1 to the Lease Agreement with Foresight Corpus Christi Golf L.L.C. Foresight Corpus Christi Golf, LLC ("Operator") and City of Corpus Christi ("City") desire to amend their Lease Agreement ("Lease Agreement") as follows: 1. Section 8.2 of the Lease Agreement is amended to add new paragraph indicated by underlined text as follows, and new Exhibit G to the Lease Agreement: "8.2 Capital Improvements. Prior to the Possession Date, the parties shall develop an Exhibit to be substituted herein as Exhibit D. Set forth on Exhibit D shall be Operator's initial proposed capital improvement projects for the Golf Courses, including a description and budget for each such project. The City has and will continue to segregate and hold the Capital Fund and make such Capital Fund available to fund capital improvement projects at the Golf Courses including those described on Exhibit D and future identified projects upon such terms and conditions as the Operator and City Manger shall mutually agree. To the extent Operator identifies other capital improvement projects during the term of this lease that could benefit the operations of the Golf Courses, Operator may notify the Contract Administrator of any such project and provide a description and budget for such project. No later than the next Annual Review, Operator and the City Manager shall review such proposed capital project, the related expenditures required to complete the project and the capital expenditure responsibility, if any, of each party. To the extent mutually agreed by the parties and in accordance with such agreement, the City will fund capital improvement projects out of the Capital Fund, and Operator may proceed with such capital improvement projects. Operator shall at Operator's initial_expense, lease purchase the capital equipment items listed on the attached Exhibit G, over a three year period, which three years began on October 29 2010. O erator shall maintain receil2ts of all capital equipment lease purchased. The annual lease purchase amount not to exceed $96,300 per ear shall be deducted from the Operator's annual rental payment to City which is described in Section 4.1. Operator shall be responsible for maintenance, repair and replacement of equipment leased purchased in accordance with this paragraph, and shall carry liability and physical damage insurance coverage on this leased purchase equipment, All equipment lease purchased in accordance with this paragraph becomes City roe at the expiration of the Lease Agreement. " 2. In the Definitions Section of the Lease Agreement between the City and Operator, the term "Leased Premises" is modified to also include the equipment listed on the attached exhibit G. 3. Section 9.1 Insurance Coverage of the Lease Agreement between the City and Operator is modified to provide additional sentence at the end of the paragraph: "For purposes of this section, `course maintenance equipment' includes all personal property listed on the Exhibit A to the initial Lease Agreement, and the equipment listed on the attached Exhibit G." 4. All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. 2013-268 4130113 Foresight Corpus Christi Golf ., INDEXED 2 Executed in duplicate originals by duly authorized officers of the parties,to be effective upon date of City Council approval. p ATTEST: City of Corpus Christi,Texas Armando Chapa 4w Ronald L. Olson City Secretary City Manager APPROVED AS TO LEGAL FORM THIS , DAY OF �, 2013: By: � Jody e Ass t fty �,--- rney FORESIGHT CORP STI GOLF, L.L.C. By: Name: Title: Date: 0 Q � �`+ � � �• nr to ha r� T & w n as ws vev •s R n w � Fit Lp Et w 9 di,Iff dF tw a a nmr, � � c � tan Rea ry nn � rar� q 9- 9- 9 ® 2, Z z z x z z a a a c z z z z z c x z