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activities relative to Facility development that necessarily preceded the ability of the City and the
<br />Lessee to enter into a comprehensive agreement concerning full Facility development.
<br />6. As a result of the Selection Process and completion of the Facility preliminary
<br />development work specified under the ENA, the City and the Lessee have now determined to
<br />facilitate Facility development through the City's entry into the Ground Lease and Acquisition
<br />Agreement (the Lease) with the Lessee, pursuant to which the City leases the Land to the Lessee
<br />and the Lessee is obligated to design, finance, construct, and convey to the City the Facility in
<br />accordance with the terms therein specified.
<br />7. In connection with the planning for the Facility, it is necessary to amend the ENA
<br />to add $62,409.00 of pre -development services to the scope of services, increasing the amount
<br />payable under the ENA from $1,500,000.00 to $1,562,409.00 (ENA Amendment One).
<br />8. The City Council of the City (the Council) finds that the adoption of this Resolution
<br />is in the best interests of the residents of the City.
<br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br />TEXAS:
<br />PART 1. Approval of Lease; Adoption of Representations and Warranties. Pursuant
<br />to authority conferred by and in accordance with the provisions of the Constitution and general
<br />laws of the State of Texas, including (particularly) Chapters 271 and 282, as amended, Texas Local
<br />Government Code, and Chapter 2269, as amended, Texas Government Code (Chapter 2269), and
<br />the City's Home Rule Charter and as a culmination and conclusion of the Selection Process, the
<br />City hereby authorizes its entry into the Lease, in the form attached hereto as Exhibit A, with the
<br />Lessee. In addition to being a lease for real property, the City hereby finds that the Lease is a
<br />public work contract under Chapter 2269. The City hereby adopts as its own the representations
<br />and warranties of the City included in, and recognizes and accepts its duties and obligations
<br />(subject to any limitations therein specified) under, the Lease, which Lease provisions are
<br />incorporated by reference in this Resolution as though herein replicated. With respect to the
<br />foregoing, the City hereby approves a Facility Purchase Price (as defined in the Lease) in an
<br />amount not to exceed $44,400,000.00.
<br />PART 2. Ratification of Prior Actions; Authorization of City Manager to Execute
<br />Documents. All actions necessary or incidental to the adoption of this Resolution by the Council,
<br />whether heretofore or hereafter taken, are hereby ratified and approved as the act and deed of the
<br />City for all purposes. The Council hereby authorizes the City Manager, on behalf of the City, to
<br />execute the Lease (evidencing, among other things, a Facility Purchase Price not in excess of the
<br />maximum Facility Purchase Price established in Part 1 of this Resolution), any Memorandum of
<br />Lease thereunder required, and any other document, agreement, certification, representation,
<br />warranty, or receipt relating to the Lease, the transactions thereunder or hereunder contemplated,
<br />or that are necessary or desirable to effectuate the intent and purpose of the Lease or this Resolution
<br />which executions shall by binding on the City as the act and deed thereof. In addition, and to the
<br />extent necessary or required, the City hereby authorizes the recordation in the real property records
<br />of Hays County, Texas the Lease, any Memorandum of Lease, or such other documentation
<br />
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