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Res 070-90 4/3/1990RESOLUTION NO. /? f—P RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE GOLF COURSE CONTRACT AMENDMENT NUMBER FIVE WITH RECREATIONAL SERVICES, LTD. FOR PURPOSES OF PROVIDING RAW WATER TO WEEKS PARK GOLF COURSE FOR COURSE IRRIGATION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute Amendment Number Five to the Golf Course Management Contract with Recreational Services, Ltd. A copy of this amendment is attached hereto and hereby made a part of this resolution. PASSED AND APPROVED this the 3rd day of April, 1990. MAYOR ATTEST: City Clerk STATE OF TEXAS COUNTY OF WICHITA ) ( GOLF COURSE MANAGEMENT CONTRACT AMENDMENT NUMBER FIVE NOW, THEREFORE, in consideration of the premises and at the request of both parties and in consideration of their desire to make changes to the original contract, as amended, the contract between them is hereby modified as follows: Section Nine of the original contract, as amended, is modified and hereinafter shall provide in its entirety as follows: Section Nine. Utilities City shall provide raw water to the Golf Course for purpose of course irrigation at no charge for the duration of the contract term, or until such time the City, at its sole option, decides to charge Recreational Services, Ltd. the same rate that the City charges similar customers utilizing transmitted raw water and provides RSL with written notice of such intention 60 days prior to the effective date. City also agrees to transfer electric accounts located at the Golf Course to City's name in order to take advantage of lower municipal rates. In return, RSL agrees to provide City with a deposit equal to the average of all electric bills for a two month period. Accounts will be transferred into City's name upon receipt of such deposit. City shall pay electric bills from such deposit and forward invoice to RSL as to the amount of such payments. RSL shall reimburse City within fifteen (15) days of receipt of invoice. City shall not pay subsequent month(s) bills until reimbursement has been received from RSL. All other utility expenses, including treated water, gas, telephone, sewer and waste disposal, required to operate the golf course and its associated facilities will continue to be paid directly by RSL. This modification shall become effective as of the date it is signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this modification to be signed this day of 1990. CITY OF WICHITA FALLS By: James Berzina, City Manager ATTEST: City Clerk RECREATIONAL SERVICES, LTD. By: Title: ATTEST: Title: APPROVED AS TO FORM: City Attorney