HomeMy WebLinkAboutResolution - 2004-R0461 - Ratification Notice To USA Pools, Inc. - 09_28_2004Resolution No. 2004-RO461
September 28, 2004
Item No. 18
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Ratification of that
certain Notice dated September 10, 2004, to USA Pools, Inc., of Roswell, GA, and
any other related documents. Said Ratification is attached hereto and incorporated
in this Resolution as if fully set forth herein and shall be included in the minutes of
the Council.
Passed by the City Council this 28th day of September , 2004.
ATTEST:
C-Q
e.
Reb ca Garza, City Secretary
APPROVED AS TO CONT NT:
Corbin Pemberton
Parks and Recreation Director
APPROVED AS TO FORM:
t
Richard K. Casner
First Assistant City Attorney
ke/ ccdocs/USA Pools Ratification Reso
September 14, 2004
Resolution No. 2004-RO461
September 28, 2004
RATIFICATION Item No. 18
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, on the 10`h day of September, 2004, the City of Lubbock, by and
through its City Manager, executed and delivered that certain letter to USA Pools, Inc.,
1073 Green Street, Roswell, GA, 30075, attached hereto as Exhibit "A", providing notice
(the "Notice") of the exercise of its right to not renew and extend that certain Swimming
Pool Management Agreement (the "Contract'), dated on or about March 23, 2004,
Resolution No. 2004-R0144, between the City of Lubbock, Texas, and USA Pools, Inc.
as amended by that certain Amendment to Pool Management Contract (the
"Amendment'), dated on or about August 17, 2004;
WHEREAS, the City of Lubbock now desires to ratify the Notice.
NOW, THEREFORE, the City of Lubbock does hereby ratify, adopt and confirm
the Notice, in all of its terms and provisions, as fully and completely as if the City of
Lubbock had originally executed and delivered same, and acknowledges the validity,
effect, and enforceability of the Notice effective as of September 10, 2004.
Passed by the City Council this 28th day of September , 2004.
CITY OF LUBBOCK
ATTEST:
Rebecca Garza, City Secretary
Ratification of Non Renewal USA Pools Page] of 2
APPROVED AS TO CONTENT:
,,41J
Corbin Pemberton
Parks and Recreation Director
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
Richard/USA Pools Ratification ofNonRenewal
September 14, 2004
Ratification of Non Renewal USA Pools Page 2 of 2
EXHIBIT FiL6- V�jpY
Resolution No. 2004-RO461
September 28, 2004
Item No. 18
P.O. Box 2000 • 1625 13th Street 9 Lubbock, TX 79457
(806) 775-3002 • Fax: (806) 775-2051
September 10, 2004
Certified Mail Receipt No. 7002 2410 0006 3302 9311
Federal Express No. 8463 2140 63%
And Regular Mail
USA Pools, Inc.
1073 Green Street
Roswell, GA 30075
Re: Swimming Pool Management Agreement (the "Contract'j, dated on or
about March 23, 2004, Resolution No. 2004-R0144, between the City of
Lubbock, Texas, and USA Pools, Inc. as amended by that certain
Amendment to Pool Management Contract (the "Amendment'j, dated on
or about August 17, 2004 (the "Contract", as amended by the
"Amendment", is referred to herein as the "Amended Contract")
Dear Sir or Madam:
Pursuant to the Amended Contract, USA Pools, Inc., contracted to provide certain
operation and management activities regarding swimming pools owned by the City of
Lubbock, Texas (the "City'). The Contract provides for a term through August 29, 2004
(amended to August 15, 2004, pursuant to the Amendment), and further provides that the
term shall continue on the same terms and conditions set forth therein for two (2)
additional years. Further, the Amended Contract provides that in the event the City
desires to not renew and extend the term, the City shall provide notice to USA Pools,
Inc., at the address provided above, by certified mail, prior to September 15.
In accordance with the express terms of the Amended ' Contract, the City hereby
provides to USA Pools, Inc., written notice of the exercise of its right to not renew
and extend the Amended Contract.
If you have any questions or comments concerning this matter, please do not hesitate to
contact the undersigned.
Sincerely,
Lou ox
City Manager
cc: Richard K. Casner, First Assistant City Attorney
Corbin Pemberton, Parks and Recreation Director
Victor Kilman, Purchasing Manager