HomeMy WebLinkAboutPR 11701: AQUILA GOLFINTER
OFFICE
MEMO
To: Mayor, City Council & City Manager
From: Judith S. Rawls, First Assistant City Attorney
Subject: P. R. No. 11701 Council Meeting March 19, 2002-
Date: March 15, 2002
Attached is P.R. No. 11701 requesting a third amendment
to the contract with Aquila Golf Inc. as it relates to
maintenance and repair costs shared by the City. The
additions are shaded on the attached document.(Requested by
City Manager)
MTS/ts
Attachment
cc: City Secretary
z.pr 11701.memo
THIRD AMENDMENT TO CONTRACT FOR OPERATION AND MAINTENANCE
OF BABE DIDRICKSON ZAHAKIAS MUNICIPAL GOLF COURSE
This amendment to the contract for operation and maintenance
of Babe Didrickson Zaharias Municipal Golf Course is made and
entered into, and effective the __ day of , 2002.
WHEREAS, the City of Port Arthur and Aquila Golf, Inc.
entered into the original contract to operate and maintain the
Babe Didrickson Zaharias Municipal Golf Course per Resolution No.
93-138; and
WHEREAS, the City of Port Arthur entered into a first
amendment to the contract per Resolution No. 97-29; and
WHEREASE, the City of Port Arthur entered into a second
amendment to the contract per Resolution No. 97-191; and
WHEREAS, on the recommendation of the golf committee, the
parties to the contract now desire to enter into a third
amendment to the contract that will amend Article VIII of the
original contract as follows:
"VIII. MAINTENANCE AND REPAIRS
(a) It is the intention of the parties that the income for
the term of this Contract shall constitute a net return to City
free of any expenses, charges or other deductions whatsoever.
Accordingly, Manager shall, at its sole cost, keep and maintain
the premises and structures, improvements, fixtures, equipment
and utilities which may now or thereafter exist thereon, in good
operable, usable and sanitary order and repair and in a good,
safe condition consistent with other municipal golf courses'
business practices throughout the term of this Contract, making
such repairs as maybe required to comply with the requirements of
this contract. The City shall be responsible for the replacement
of any individual item, listed in Exhibit "A", when estimated
repair cost exceed 50% over a one (1) year period of replacement
cost as determined by the City.
as¸
Manager shall take all steps to perfect and keep in
force all dealer's and manufacturer's guarantees and warranties
available on all installations made and equipment used on the
z.prl 1701
P. Ro No. 11701
03/~5/02 - ta
RESOLUTION NO.
A RESOLUTION AMENDINH THE CONTRACT WITH AQUILA
~OLF, INC. AS IT RELATES TO MAINTENANCE AND
REPAIR COSTS SHARED BY T~E CITY (REQUESTED BY
CITY MANAHER)
WHEREAS, the original management agreement of Babe Didrickson
Zaharias Municipal Golf Course was approved by Resolution No. 93-
138; and
WHEREAS, the contract was amended by Resolution No. 97-29 to
change the percentage payment from 15% to 10% of all gross receipts
above $500,000 excluding merchandise; and
WHEREAS, the contract was amended a second time by Resolution
No. 97-161 to extend the terms of the management agreement for a
period of four (4) years; and
WHEREAS, the City Council considers Aquila Golf, Inc. as a
professional/planner in the management of golf courses; and
WHEREAS, the City Council considers it in the best interests
of the City to amend the agreement with Aquila Golf, Inc. for a
third time to amend Section VIII of the Contract for Operation and
Maintenance of Babe Didrickson Zaharias Municipal Golf Course; and,
WHEREAS, the amendment has been recommended by the Golf Course
Committee which believes that there is adequate consideration for
the amendment.
z.pr11701
NOW,
OF PORT ARTHUR:
Section 1.
true and correct.
Section 2.
THEREFORE, BE IT RESOLYmm BY THE CITY COUNCIL OF THE CITY
That the facts and opinions in the preamble are
That the City Manager is authorized to sign the
third amendment as denoted in Exhibit "A".
Section 3. That a copy of the caption of this Resolution be
spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this
A.D., 2002,
Port Arthur,
AYES:
__ day of
at a Regular Meeting of the City Council of
Texas, by the following vote:
the City of
;
NOES:
ATTEST:
OSCAR ORTIZ, MAYOR
JAN STRODER, ACTING CITY SECRETARY
APPROVED AS TO FORM:
T. SOKOLOW, ClT~f ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
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EXHIBIT "A"
THIRD AMENDMENT TO CONTRACT FOR OPERATION AND MAINTENANCE
OF BABE DIDRICKSON ZAHARIAS MUNICIPAL GOLF COURSE
This amendment to the contract for operation and maintenance
of Babe Didrickson Zaharias Municipal Golf Course is made and
entered into, and effective the __ day of , 2002.
WHEREAS, the City of Port Arthur and Aquila Golf, Inc.
entered into the original contract to operate and maintain the
Babe Didrickson Zaharias Municipal Golf Course per Resolution No.
93-138; and
WHEREAS, the City of Port Arthur entered into a first
amendment to the contract per Resolution No. 97-29; and
WHEREAS, the City of Port Arthur entered into a second
amendment to the contract per Resolution No. 97-191; and
WHEREAS, on the recommendation of the golf committee, the
parties to the contract now desire to enter into a third
amendment to the contract that will amend Article VIII of the
original contract as follows:
"VIII. MAINTENANCE AND REPAIRS
(a) It is the intention of the parties that the income for
the term of this Contract shall constitute a net return to City
free of any expenses, charges or other deductions whatsoever.
Accordingly, Manager shall, at its sole cost, keep and maintain
the premises and structures, improvements, fixtures, equipment
and utilities which may now or thereafter exist thereon, in good
operable, usable and sanitary order and repair and in a good,
safe condition consistent with other municipal golf courses'
business practices throughout the term of this Contract, making
such repairs as maybe required to comply with the requirements of
this contract. The City shall be responsible for the replacement
of any individual item, listed in Exhibit "A", when estimated
repair cost exceed 50% over a one (1) year period of replacement
cost as determined by the City.
Ail drainage facilities repair costs related only to the
run-off from the golf course shall be shared equally on a 50%
City / 50% Aquila Golf basis. If a portion of the drainage
facilities are used for non-golf course drainage, that portion,
as determined by the City, will be paid by the City. The City
will determine, through run-off calculations, what the additional
percentage will be in each case.
Manager shall take all steps to perfect and keep in
force all dealer's and manufacturer's guarantees and warranties
available on all installations made and equipment used on the
z.prl 1701
premises. Upon termination of this Contract, all of such
guarantees and warranties shall be assigned to City."
SIHNED ON THIS THE
day of , 2002.
AQUILA HOLF, INC.
WITNESSED BY:
BY:
SIHNED ON THIS THE
__ day of , 2002.
CITY OF PORT ARTHUR
WITNESSED BY:
BY:
z.prl 1701