13-R-16 - First Amendment to Javanook AgreementRESOLUTION NO. 13~R-16
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A FIRST A~ITENDIVIENT TO
JAVANOOK AGREEMENT, AND OTHER MATTERSoIN CONNECTION
THEREWITH
WHEREAS, the City of Schertz (the "City") and the City of Schertz Economic
Development Corporation (the "SEDC"} entered into an Development Agreement
{"Agreement"} with JavaNook, LLC ("JavaNook") on November 1, 201 l; and
WHEREAS, the City and the SEDC authorized under Chapter 3$0, Teas Local
Government Code provided a grant to promote local economic developu~ent and to stimulate
business and commercial activity in Schertz; and
WHEREAS, JavaNook has relocated within the downtown area to 537 Main Street,
Schertz, Texas and desires to amend the "Lease Space" definition in the Agreement to mean the
facility located at 537 Main Street; and
WHEREAS, the City, SEDC and JavaNook intend to e~eeute the remainder of the
Agreement in full farce and effect; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
authorize the First Amendment to JavaNook Agreement attached hereto as Exhibit A.
BE IT RESOLVED BY THE CITY COL]NCIL OF THE CITY OF SCHERTZ, TEXAS
THAT;
Section I. The City Council hereby authorizes the President (or the Vice President in
the President's absence} of the SEDC and the City Manager of the City, ar his designee, to
execute and deliver, a First Amendment to JavaNook Agreement in substantially the form set
forth an Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in co~~flict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein,
Section ~. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5, If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
- :_ .
,. _ .yam '~ ~. 3~
x ~ {~^ --
__
.... _ ,
x ~ -
,. ~,
~: ~..
EXHIBIT A
FrRST AMENDMENT TO JAVANOOK AGREEMENT
~, - _
.~
.,
___ _ ~ _.
;~b-
r
i - ~ C ~. ~;