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Res No. 215-19RESOLUTIONNO. 215-19 A RESOLUTION OF TI-IE OIT OF DELRAY BEAŒI, FLORIDA APPROVING AMEND11ENT NUMBER 6 TO TI-IE AGREE11ENT WI1H MA TŒ-I POINT, INC; AUTHORIZING TI-IE OIT MANAGER TO TAKE ALL ACTIONS NEŒSSARY TO EFFECTUATE 11-IIS AMEND11ENT PROVIDING AN EFFECTIVE DATE; AND FOR O11-IER PURPOSES. WHEREAS, on October 12, 2005, the City entered into an Agreement with Match Point, Inc. for Match Point's use of the City's Municipal Tennis Center to host its annual Association of Tennis Professionals ("ATP") tennis tournament. (" Agreement"); and WHEREAS, the original Agreement between the City and Match Point has been previously amended five times; and WHEREAS, in 2016, a dispute arose between the City and Match Point concerning the validity of the Agreement which resulted in the City filing an action for declaratory relief (Palm Beach County Case No. 502016CA002812) and that matter is now settled; and WHEREAS, the number of ATP tournaments around the world is limited and, in fact, the Ciry of Delray Beach, the host of the Delray Beach Open, is the smallest host city on the ATP World Tour; and WHEREAS, the services provided by Match Point are unique and have generated millions of dollars to the local economy for the past twenty years; and WHEREAS, the City Commission of the Gtyof Delray Beach finds that a bid waiver is (and was) appropriate, that full and open competition of the services offered by Match Point is not in the City's best interest and that waiver of the competitive process is appropriate under the circumstances; and WHEREAS, the City Commission of the City of Delray Beach ratifies the Agreement between the Gty of Delray Beach and Match Point, Inc., including the amendments thereto, in authorizing this AmendmentNumber6;and WHEREAS, the City Commission deems approval of this Resolution to be in the best interest of the health, safety, and welfare of the residents and citizens of the City of Delray Beach and the public at large. NOW, TI-IEREFORE, BE IT ORDAINED BY TI-IE OIT COMMISSION OF TI-IE OIT OF DELRAY BEAŒI, FLORIDA, AS FOLLOWS: Section l. The foregoing recitals are hereby affirmed and ratified. Section 2. The City Commission of the City of Delray Beach has reviewed and hereby approves Amendment No. 6 to the Agreement between the Gty and Match Point, Inc., which is attached to this resolution as Exhibit "A". Section 3. The City Commission authorizes the City Manager to take any and all actions necessary to effectuate this Amendment. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on the /(l'i dayof,<011,¡,;¿I...Jttd../.1./,Jd~-' 2019. ATfEST: ~ KaterriJohnsa rm and legal sufficiency: 2