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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney /-~ ~
Subject: P. R. No. 14119; Council Meeting April 24, 2007
Date: April 20, 2007
Attached is P. R. No. 14119 authorizing the City Manager to
execute Amendment No. 1 to the Agreement between the Pleasure Island
Commission, Aquila Golf, and the City of Port Arthur. Amendment No.
1 is necessary as to enable Aquila Golf to obtain and retain beer
and wine permits.
MTS:ts
Attachment
CC:
jrdike@aol.com
Jimmy Dike
PLEASURE ISLAND CO~R4ISSION
psteete@mc-law.net
Pete Steele
gwbrown3@aol.com
George Brown
AQUILA GOLF, INC.
lcf@obt.com
Lance Fox
P. R. No. 14119
04/19/07 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. I TO THE AGREEMENT
BETWEEN THE PLEASURE ISLAND CO~R4ISSION, ~UILA
GOLF, AND THE CITY OF PORT ARTHUR
WHEREAS, the City Council approved Resolution No. 07-103
authorizing the City Manager to execute a contract for the
operations and maintenance of the Palms at Pleasure Island Golf
Course; and
WHEREAS, Aquila Golf is also managing Babe Zaharias Golf
Course on behalf of the City of Port Arthur; and
WHEREAS, the parties deem it in the best interests of the
citizens of the City to authorize an Amendment No. 1 as to
facilitate the ability of Aquila Golf to obtain and retain beer and
wine permits.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
That the facts and opinions in the preamble are
Section 1.
true and correct.
Section 2.
That the City Manager is herein authorized to
execute Amendment No. 1, in substantially the same form as attached
hereto as Exhibit "A".
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
P~_~D, ADOPTED AND APPROVED on this __ day of
, A.D., 2007, at a Meeting of the City Council
the City of Port Arthur, Texas, by the following vote: AYES:
Mayor ,
Councilmembers ,
NOES:
of
ATTEST:
MAYOR
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
EXHIBIT "A"
AMENDMENT NO. i TO
CONTRACT FOR THE OPERATION AND M~INTENANCE
OF THE PALMS AT PLEASURE ISLAND GOLF COURSE
AT PLEASURE ISLAND
WHEREAS, Aquila Golf, Inc., the City of Port Arthur,
and the Pleasure Island Commission entered into a Contract
for the Operation and Maintenance of the Palms at Pleasure
Island Golf Course at
Resolution No. 07-103,
Babe
31,
and the Pleasure
amendment to the contract as denoted
1 and herein agree to the following:
NOTWITHSTANDING any other provision
Pleasure Island that was approved by
and
WHEREAS, Aquila Golf, Inc., has also been managing the
Didrickson Zaharias Memorial Golf Course since July
1993; and
WHEREAS, Aquila Golf, Inc., the City of Port Arthur,
Island Commission desire to enter into an
in this Amendment No.
in the applicable
management agreements and during the terms of the
management agreements, Aquila Golf, Inc. is allowed to sell
beer and wine at the Babe Didrickson Memorial Golf Course
and/or Palms at Pleasure Island Golf Course. Pursuant to
Section 109.53 of the Alcoholic Beverage Code, Aquila Golf
shall have and maintain exclusive occupancy and control of
the premises wherein the alcohol will be purchased, stored,
or sold. The City of Port Arthur and the Pleasure Island
z.aquila_amendment no. 1
Commission (City/PIC) will not require approval nor control
the nature of the brands nor the prices of the beer or wine
to be sold at the premises, nor will the City/PIC be
involved in any of the management operations or accounting
as to the sale of beer or wine. Aquila Golf will have
separate accounting records and banking records for the
operations as it pertains to the sale of beer and wine.
The City will not provide any funds or subsidies for the
sale of beer and wine. The beer and wine will be available
to any members of the public who are able to purchase
thereof under the laws of the State of Texas. Aquila Golf,
Inc. will be solely responsible for such sale and to abide
by the laws of the Alcoholic Beverage Code, and the
regulations of the Texas Alcoholic Beverage Commission.
Furthermore, Aquila Golf shall also procure and maintain
the dramshop (liquor) liability insurance naming the City
of Port Arthur (for the Babe Didrickson Zaharias Memorial
Golf Course and the Palms at Pleasure Island Golf Course)
and the Pleasure Island Commission (for the Palms at
Pleasure Island Golf Course) as additional insureds, with
minimum limits of liability insurance of $500,000 for
personal injury to, or death of one (1) person, and
$1,000,000 for personal injury to, or death of,' two (2) or
more persons in each occurrence or event, and with minimum
z.aquila_amendment no. 1
policy limits of $100,000 for damage to property resulting
from each occurrence or event. In addition to the other
indemnity obligations in the Contracts for the Operations
and Maintenance of the Golf Courses, Aquila Golf, Inc. will
indemnify and hold the City/PIC harmless from any and all
claims, demands, liabilities, suits, expenses, and costs
(including reasonable attorney fees} arising from or
relating to the sale or consumption of alcoholic beverages
at the golf courses.
This Amendment No. 1 is herein effective upon the
signatures of Aquila Golf, Inc., the City of Port Arthur,
and the Pleasure Island Commission.
z.aquila_amendment no. 1
SIGNED AND AGREED TO ON this the day of
, 2007.
AQUILA GOLF, INC.
BY:
SIGNED AND AGREED TO ON this the day of
, 2007.
CITY OF PORT ARTHUR
ATTEST:
BY:
CITY SECRETARY
SIGNED AND AGREED TO ON this the __
, 2007.
PLEASURE
day of
ISLAND COI~4ISSION
BY:
z.aquila_amendment no, 1