Res 135-88 6/21/1988RESOLUTION NO. 135 -88
RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE GOLF COURSE CONTRACT AMENDMENT NUMBER
THREE WITH RDM FOR MANAGEMENT OF THE WEEKS
PARK GOLF COURSE.
WHEREAS, RDM has requested certain modifications to its
existing contract with the City for management of the Weeks Park
Municipal Golf Course; and,
WHEREAS, this request was necessitated due to continuing
losses at the golf course due to lower than anticipated play;
and,
WHEREAS, the City shall continue to receive revenue from
RDM, although at a lower than anticipated rate; and,
WHEREAS, it is in the best interest of the City to continue
to allow RDM to operate and maintain the Weeks Park Municipal
Golf Course.
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 Three to the Golf Course Management Contract with RDM,
Inc. A copy of this amendment is attached hereto and hereby made
a part of this resolution.
PASSED AND APPROVED this the 21st day of June, 1988.
A Y O R
ATTEST:
City tlerk
Cli'r" C�_n C1710E
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STATE OF TEXAS Time
COUNTY OF WICHITA
GOLF COURSE MANAGEMENT
CONTRACT AMENDMENT
NUMBER THREE
WHEREAS, on the 8th day of January, 1986, the City of
Wichita Falls, Texas therein, and hereinafter referred to as
"City ", and Recreation Development and Management, therein and
hereinafter referred to as "RDM ", entered into a GOLF COURSE
MANAGEMENT CONTRACT; and,
WHEREAS, the parties now desire to temporarily modify the
original contract.
NOW, THEREFORE, in consideration of the premises and at the
request of both parties and in consideration of their desire to
make temporary changes to the original contract, as amended, the
contract between them is hereby modified as follows:
I. MODIFICATION
A. SECTION TWENTY- EIGHT. PAYMENTS TO CITY.
For the period commencing with July 1, 1988, and
concluding April 30, 1989, RDM shall pay to the City the amount
of One Thousand ($1,000.00) Dollars per month. Any late payment
and interest charges due City as of the date this amendment is
signed are hereby waived.
B. SECTION NINE. UTILITIES.
City shall provide raw water to the Golf Course for
purpose of course irrigation at no charge for the period
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beginning July 1, 1988, and ending April 30, 1989. 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, RDM agrees to provide City with a deposit
equal to the average of all electric bills for a two month
period. Accounts shall be transferred into City's name upon
receipt of such deposit. City shall pay electric bills from such
deposit and forward invoice to RDM as to the amount of such
payment. RDM 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 RDM. 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 RDM.
C. SECTION EIGHTEEN. PERFORMANCE AND CONSTRUCTION BONDS.
RDM agrees to extend, for one additional year, either a
Letter of Credit or the pledge of a Certificate of Deposit in the
amount of Fifty Thousand and No /100 ($50,000.00) Dollars to be
placed in escrow with an independent trustee agreeable to both
parties for the benefit of the City regarding RDM's rental
obligations. This requirement will remain in force and effect
through January 7, 1989. This extension shall in no way affect
the other requirements placed on RDM by Section Eighteen of the
original contract.
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D. GREEN FEES. (new)
It is agreed by both parties that the green fees shall not
exceed the current established rates during the length of this
amendment. It is further agreed that the annual membership green
fees shall be prorated in accordance with the number of months
remaining in the membership year at the time of payment.
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
v
1988.
By:
ATTEST:
City Cler
By:
APPROVED AS TO FORM:
A sistant City Attorney
OiTY OF W HITA FALLS, TEXAS
s Berzrna, City MqxrqWer
RECREATION
MANAGEMENT
AND