Res 169-87 9/15/1987RESOLUTION NO. /(p , I7
RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE GOLF COURSE CONTRACT AMENDMENT
NUMBER TWO WITH RDM FOR MANAGEMENT OF THE
WEEKS PARK MUNICIPAL 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
Two to the Golf Course Management Contract with RDM, Inc. A copy of
this amendment is attached to and hereby made apart of this
resolution.
PASSED AND APPROVED this the 15 day of Septemb=r 198 '.
ice-.I=
MAYO'
ATTEST:
City Clerk
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STATE OF TEXAS
COUNTY OF WICHITA ) (
GOLF COURSE MANAGEMENT
CONTRACT AMENDMENT
NUMBER TWO
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 November 1, 1986 and concluding
June 30, 1988, RDM shall pay to the City the amount of One Thousand
Dollars ($1,000) 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 purposes of
course irrigation at no charge for the period beginning September 1,
1987 and ending June 30, 1988. 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
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fifty thousand and no/100 dollars ($50,000) 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.
This modification shall become effective as of the date it is
signed by both parties.
IN WITNESS WHEREOF, the partieq hereto h-ve c-used this
modification to be signed this Diu` day of ,: o. .fil, ,. , 1987.
CITY OF WI'HITA FALLS, TEXAS
By: 'if ' /a r> -
es Bernina, C40, Manager
ATTEST:
C1
City Clerk
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1 RECREATION DEVELOPMENT AND
MANAGEMENT, IN
By: i_ ./. 6/
Title i
APPROVED AS TO FORM:
City Attorney
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