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2011-10RESOLUTION NO. 2011 - 10 COUNCILMEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Resolution 2011 -7, the Mayor and City Council of the City of Blair, Nebraska, adopted an agreement with the Blair Family YMCA for operation of the Blair Municipal Pool for the 2011 summer season. WHEREAS, certain changes are desired to the Agreement necessitating an amendment to such agreement. BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Agreement with the Blair Family YMCA for operation of the Blair Municipal Pool for the 2011 summer season is hereby amended to increase the Management Fee from $14,000 to $15,000 as per the amendment attached hereto, marked Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement on behalf of the municipality. COUNCIL MEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN, HALL, WOLFF, CHRISTIANSEN AND JENSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY, THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12TH DAY OF APRIL, 2011 CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) * B E. REALPH, MAY R BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 12 day of April, 2011. /* r . r ftAMDA R. WHEELER, CITY CLERK Exhibit "A" Article VIII — Management Fee — Amended to read as follows: The City shall pay the Operator a management fee of $15,000 for the operation of the pool payable as follows: May 23 $3,500 June 20 $3,500 July 1 $300 August 15 $3,000 September 26 $2,000 minus any amount in excess of $30,800( *) generated in revenue for daily fees, pool membership and swim lessons during the operating season. If excess revenue is greater than the $2,000 due, the Operator shall pay balance to City within (30) days. If this agreement is terminated according to the provisions of Article X prior to August 14, 2011, a prorated amount of the management fee, based upon the actual number of days the pool was operated from May 31, 2011 until August 14, 2011, will be paid. Any extension of the 2011 swimming season according to Article I will not increase the management fee due the Operator, except that any fees derived from daily fees and pool memberships after August 14, 2011 shall be retained by the Operator. *Operator shall furnish the City with a letter certifying total revenue for daily fees, pool memberships, and swim lessons by September 23 2011. ATTEST: f BRENDA R. WHEELER, CITY CLERK (SEAL) ATTEST: r � r °Secretary • . •I'•' • ,A By �!!4 JAMES E. REALPH, YOR . .. BLAIR FAMILY YMCA, INC. ® ®gi B y President . gi .r