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HomeMy WebLinkAboutPR 16074: PLEASURE ISLAND & AQUILA GOLF AMENDMENT #3 P. R. No. 16074 08/30/10 att RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE PLEASURE ISLAND COMMISSION, AQUILA GOLF, INC., AND THE CITY OF PORT ARTHUR WHEREAS, the City of Port Arthur originally entered into an agreement with Aquila Golf, Inc. for the management of the Babe Zaharias Golf Course pursuant to Resolution No. 93 -138; and, WHEREAS, the City Council pursuant to Resolution No. 07- 103; authorized a contract for the operations and maintenance of the Palms Golf Course located on Pleasure Island; and, WHEREAS, the City Council pursuant to Resolution No.(s)07- 197 and 08 -441 authorized amendments to the referenced contract; and, WHEREAS, the Palms Golf Course suffered severe damage due to Hurricane Ike making landfall geographically approximate to Port Arthur; and, WHEREAS, the City Council and City Staff deem it in the best interest of the City to maintain the Palms Course in a minimal state of readiness pending final approval of repair /restoration funding by the Federal Emergency Management Agency; and P. R. No. 16074 08/30/10 att WHEREAS, the City Council has been satisfied with the operations and management services of Aquila Golf, Inc. at the Babe Didrickson Zaharias Golf Course and the Palms Golf Course; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1: That the facts and opinions of the preamble are true and correct. Section 2: That the City Manager is hereby authorized to execute Amendment No. 3, in substantially the same form as Exhibit "A" attached hereto. Section 3. That a duly authorized representative of Aquila Golf, Inc. will sign this Resolution agreeing to the terms hereof. Section 4. That a copy of the caption of the Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, and APPROVED this day of A.D., 2010, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: P. R. No. 16074 08/30/10 att Deloris "Bobbie" Prince ATTEST: Mayor Sherri Bellard Acting City Secretary APPROVED AS TO FORM: Valecia Ti enot -74 City Attorney APPROVED FOR ADMINISTRATION: Dr. Al.-rt T. Thigpen, I Director of Parks and Recreation .C� Deborah Echols, CPA Director of Finance Stephen B. Fitzgibbons City Manager Exhibit "A" AMENDMENT NO. 3 TO CONTRACT FOR THE OPERATION AND MAINTENANCE OF THE PALMS AT PLEASURE ISLAND GOLF COURSE AT PLEASURE ISLAND In order to facilitate the repair and restoration of the Palms at Pleasure Island Golf Course subsequent to the destruction caused by Hurricane Ike, the City of Port Arthur and Aquila Golf, Inc. agree to the following contract amendments: Section IX SUBSIDIES (f) Subsidies Subject to the original terms of availability pursuant to the annual budget process and funding in the Golf Course Capital Improvement Fund of the Babe Didrickson Zaharias Memorial Golf Course fund, a subsidy of $32,864 will be paid to Aquila Golf, Inc. for agreed upon operations and maintenance activities for the period of September 06, 2010 to December 31, 2010 at the end of said period. Section XI UTILITIES (a) ii. During the term of this amendment to the agreement, or until the City deems it prudent to change; while Aquila Golf, Inc. is acting in the City's behalf in the repair /restoration /maintenance of the Palms at Pleasure Island Golf Course water /sewer /garbage service fees will be waived. (b) During the term of this amendment to the agreement; while the Palms Golf Course irrigation system is inoperable, the required irrigation fee will be waived from September 06, 2010 to December 31, 2010.