On Motion of Mr. , Seconded by Mr. , the Following Resolution Was Offered s3

On motion of Mr. , seconded by Mr. , the following resolution was offered:

RESOLUTION NO.

A resolution to acknowledge and approve the expenditure by the Louisiana Stadium and Exposition District of the Louisiana Stadium and Exposition District’s funds for the repair of the design defects in the Hall C expansion of the Alario Center (“Hall C”), which will benefit the Parish of Jefferson and the Alario Center. (Council District 3)

WHEREAS, the Louisiana Stadium and Exposition District is the owner of the Alario Center and the Parish of Jefferson is the manager of the Alario Center; and

WHEREAS, the Parish of Jefferson entered into an architectural agreement dated February 21, 2005, with N-Y Associates, Inc., for the design of Hall C, a/k/a the Alario Center Expansion Project, Bid Proposal No. 50-81451; and

WHEREAS, Soil Testing Engineers, Inc., provided the geotechnical report to N-Y on the Hall C project;

WHEREAS, Meyer Engineers, Ltd., acted as civil engineering subcontractor to N-Y on Hall C;

WHEREAS, Infinity Engineering Consultants, L.L.C., acted as structural engineering sub-subcontractor to Meyer on Hall C;

WHEREAS, certain problems with Hall C have arisen, including the settling of the foundation, cracks in the walls, and misalignment of the joints in the walls; and

WHEREAS, the said problems are the result of design defects in the plans and specifications prepared by N-Y Associates, Inc., Soil Testing Engineers, Inc., Meyer Engineers, Ltd., and Infinity Engineering Consultants, L.L.C.;

WHEREAS, the Parish of Jefferson has sued N-Y Associates, Inc., Soil Testing Engineers, Inc., Meyer Engineers, Ltd., and Infinity Engineering Consultants, L.L.C., inter alia, in the lawsuit entitled Parish of Jefferson et al v. N-Y Associates, Inc., et al, 24th JDC No. 729-084, Div. H (the “Lawsuit”), seeking damages resulting from the said design defects; and

WHEREAS, it is necessary to remedy the said problems and design defects; and

WHEREAS, because the Parish of Jeffersonhas sued said defendants to pay for the correction of the design failures and the cost of remedial measures, and said defendants have refused, the Parish will pursue all appropriate avenues to recover the costs of the design failures; and

WHEREAS, the Louisiana Stadium and Exposition District plans to repair the damages resulting from the design defects by N-Y Associates, Inc., Soil Testing Engineers, Inc., Meyer Engineers, Ltd., and Infinity Engineering Consultants, L.L.C. at the expense of the Louisiana Stadium and Exposition District, which expenditure by the Louisiana Stadium and Exposition District will benefit the Parish of Jefferson and the Alario Center; and

WHEREAS, said repairs by the Louisiana Stadium and Exposition District shall not affect the prosecution of the Lawsuit or the ability of the plaintiffs therein to recover;

NOW THEREFORE, the Jefferson Parish Council, acting as governing authority of the Parish of Jefferson, Louisiana, hereby resolves:

SECTION 1. That the Parish of Jefferson acknowledges and approves the expenditure by the Louisiana Stadium and Exposition District of the Louisiana Stadium and Exposition District’s funds for the repair of the design defects in Hall C, which will benefit the Parish of Jefferson and the Alario Center.

The foregoing resolution having been submitted to a vote, the vote thereon was as follows:

YEAS: NAYS: ABSENT:

The resolution was declared to be adopted this the 10th day of June, 2015.