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AMERICAN LEGION MEMORIAL GOLF COURSE <br /> AND WALTER E HALL <br /> MANAGEMENT AGREEMENT <br /> THIS AGREEMENT ("Agreement"), made as of this )t ay of Tu tte2021, is entered into by <br /> the CITY OF EVERETT, WASHINGTON,a municipal corporation under the laws of the State of <br /> Washington,hereinafter referred to as "City," and PGC INTERBAY,LLC ("Contractor"). <br /> WITNESSETH <br /> WHEREAS, the City owns and contracts for the operation and management of the <br /> American Legion Memorial Golf Course and Walter E Hall Golf Course located in Everett, <br /> Washington; and <br /> WHEREAS, in 2020 the City issued a general request for proposals ("RFP"), including <br /> but not limited to the Legion Memorial and Walter E. Hall golf course clubhouse operations, pro <br /> shop facilities, golf professional staff, restaurant facilities and paved/hardscape areas adjacent to <br /> pro shop, restaurant, interior restroom facilities, and cart storage/staging area associated with the <br /> foregoing, hereinafter referred to as the "Facility;" and <br /> WHEREAS, Contractor has represented and by entering into this agreement represents, <br /> that it and all personnel to be assigned to provide the management services required under this <br /> agreement are qualified to do so and will provide professional services pursuant to this Agreement <br /> in a professional manner; and <br /> WHEREAS,the City will retain full responsibility for the maintenance of the golf course, <br /> putting green and practice areas and landscaping as part of its obligation hereunder and therefore <br /> none of those functions shall be part of Contractor's responsibility hereunder; and <br /> WHEREAS, Contractor via its response to the RFP, submitted a proposal to operate and <br /> maintain the Facility which included a proposal for the compensation structure between the City <br /> and Contractor, and <br /> WHEREAS, Contractor and the City desire to reduce to writing their understanding <br /> concerning the management and operation of the Facility as set forth in this Agreement; <br /> NOW, THEREFORE, in consideration of the mutual covenants, hereinafter specified to <br /> be kept and performed by the parties hereto, <br /> IT IS HEREBY AGREED,by and between the City and Contractor as follows: <br /> 1. TERM OF AGREEMENT: The term of this Agreement shall be for a ten(10)year period <br /> commencing on January 1, 2022 and shall expire on December 31, 2031 (the "Term"). <br /> 2. POSSESSION OF THE FACILITY: City grants to Contractor the right to manage and <br /> operate the Facility as provided herein for the Term. <br /> 1 <br />