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HomeMy WebLinkAboutRES 16-175RESOLUTION NO. 16-175 WHEREAS, on January 12, 2016, the City Council of the City of Beaumont, Texas adopted Resolution No. 16-005 authorizing the City Manager to execute an Agreement between the City of Beaumont and Richard James III and The Sports Society for American Health related to the 2016 Gusher Marathon, which was held on February 27, 2016, and, WHEREAS, the Agreement required Mr. James to pay 50% of the estimated expenses upfront for Police expenses and Public Works expenses and to pay the remaining balance in full by April 12, 2016, and, WHEREAS, Mr. James did not pay the balance of $19,398.08 in full or make a payment by the deadline of April 12, 2016; and, WHEREAS, the Finance Department has continued to bill Mr. James for the outstanding balance; and, WHEREAS, the City Council met in Executive Session on September 13, 2016 to discuss contemplated litigation; and, WHEREAS, an amendment to the Agreement between the City of Beaumont and Richard James III and The Sports Society for American Health is proposed to extend the deadline to allow the outstanding balance of $9,400.00 to be paid in full by October 31, 2016 with the condition that if the balance is not paid by the deadline, the 2017 permit shall not be issued; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute an Amendment to Letter Agreement between the City of Beaumont and Richard James III and The Sports Society for American Health relating to the 2016 Gusher Marathon to extend the deadline to allow the outstanding balance of $9,400.00 to be paid in full by October 31, 2016 with the condition that if the balance is not paid by the deadline, the 2017 permit shall not be issued. The Amendment to Letter Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2016. - ayor Becky Ames — I Sol :V1,11 TEXAS Amendment to Letter Agreement for 2016 Gusher Marathon The City Council approved a letter agreement with Richard James, III and The Sports Society for American Health by Resolution 16-005 dated and executed January 12, 2016, for the City to provide police and other support including barricades and message boards for the 2016 Gusher Marathon. The terms of the agreement included an estimated cost of $42,148, of which 50% or $21,074 was required before the Gusher. That payment was made on February 10, 2016. In accordance with the agreement the remaining balance due was to be paid in full by April 12,2016 and if the amount was not paid in full or special payment arrangements made, the City may withhold the permit of future marathons. The letter of January 12, 2016 agreement is being amended to extend the due date to October 31, 2016 to pay the remaining balance of $9,400. If the amount is not paid in full by that time, the City shall not issue a permit for the 2017 Gusher Marathon and Richard James III and The Sports Society for American Health shall remain liable to the City of Beaumont for the deficiency. All terms and conditions of the January 12, 2016 letter agreement shall remain in full force and effect and binding on the parties. Executed and agreed to this day of , 2016. The Sports Society for American Health The City of Beaumont IYA FWA Richard James III Kyle Hayes The Sports Society for American Health City Manager EXHIBIT "A"