HomeMy WebLinkAbout031221 RES - 08/15/2017 Resolution authorizing payment to Foresight Corpus Christi Golf LLC for
claim settlement of$60,250 in replacement expenses for the Oso Golf
Course cart barn damaged by fire on September 30, 2016
Whereas, the golf cart barn at the Oso Beach Golf Course was destroyed by fire on
September 30, 2016;
Whereas, the insurance proceeds of $95,734.24 were received and appropriated by City
Council into the Golf Capital Reserve Fund on April 18, 2017; and additional funds of$54,265
were appropriated by the City Council for said purpose on June 25, 2017;
Whereas, Texas Local Government Code Section 252.022 (a)(3) exempts procurements
necessary because of unforeseen damage to public property from competitive bidding
requirements;
Whereas, the City Council finds that to the extent that any payment provided hereunder
constitutes a purchase or acquisition, that such purchase and/or acquisition is declared to be
a procurement made because of unforeseen damage to public property and exempted from
competitive bidding requirements pursuant to Texas Local Government Code Section
252.022;
Whereas, in City Contract No. 2010-396 on October 26, 2010, the City of Corpus Christi ("the
City") and Foresight Corpus Christi Golf LLC ("Foresight") entered into a Lease Agreement ("the
Lease Agreement")for the Oso Beach Golf Course and the Gabe Lozano Golf Course;
Whereas, pursuant to the Lease Agreement, any improvements made to the Oso Beach Golf
Course property will inure to the benefit of the City at the expiration or termination of the Lease
Agreement;
Whereas, following request by City-employed personnel, Foresight made commitments for
improvements and acquisitions for its leasehold on the Oso Beach Golf Course for
replacement of the cart barn (the "improvements and acquisitions") including, as follows:
delivery of metal building, installation of foundation, related expenses, including onsite
portable restroom for workers, builders risk insurance cost, windstorm certification for portions
of the building, ADA review, and fees for company performing installation services.
Whereas, the City Council finds that the City is liable for a claim for the improvements and
acquisitions in quantum meruit because (1) valuable services or materials provided by
Foresight Corpus Christi Golf LLC to the City, (2) which has accepted the services or
materials, (3) under such circumstances as would reasonably notify Foresight Corpus Christi
Golf LLC that Foresight Corpus Christi Golf LLC expected to be paid.
031221
INDEXED
Now, therefore, be it Resolved by the City Council of the City of Corpus Christi, Texas,
that:
Section 1. That the recitals reflected above are true and accurate and hereby incorporated
into this Resolution.
Section 2. That the City Manager or designee is authorized to settle the claims in quantum
meruit for the aforementioned improvements and acquisitions in the amount of $60,250.
ATTEST: THE CITY OF CORPUS CHRISTI
Rebecca Huerta Jo- cComb
City Secretary . .
Corpus Christi, Texas
jof , 12.0n
The above resolution was passed by the following vote:
Joe McComb
Rudy Garza
Paulette Guajardo I 1
Michael Hunter
Debbie Lindsey-Opel /
I /
Ben Molina
Lucy Rubio 0,
Greg Smith 1 ,
Carolyn Vaughn f
( toi ' :
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
City Council Action Date: August 15, 2017 Legistar Number: 17-0978
Agenda Item:
Resolution authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of $60,250 in
replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016.
Amount Required: $60 250.00
Fund Name Accounting Unit Account No. Activity No. Amount
Golf Capital Fund 4691-35210 550010 $60,250.00
Total $60,250.00
Certification Not Required
Director of Financial Services
Date: AUG 1 4 2017