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PGC Interbay LLC 8/10/2021
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PGC Interbay LLC 8/10/2021
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Last modified
8/13/2021 10:45:50 AM
Creation date
8/13/2021 10:43:58 AM
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Contracts
Contractor's Name
PGC Interbay LLC
Approval Date
8/10/2021
Council Approval Date
8/4/2021
End Date
12/31/2031
Department
Purchasing
Department Project Manager
Theresa Bauccio-Teschlog/Bob Leonard
Subject / Project Title
Golf management services 2020-061
Tracking Number
0003017
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Professional Services
Retention Period
6 Years Then Destroy
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a ledger (the "Contribution Ledger") that includes all expenditures for the 2021 <br /> Capital Improvement Project and shall disclose the Contribution Ledger to City. <br /> If the Contractor's expenditure on the 2021 Capital Improvements Project is less <br /> than $190,000, Contractor shall pay the City the difference. <br /> (b) Repayment of Contribution in Event of Early Golf Course Closure <br /> or Early Non-Default Termination. Subject to Section 8(E)below,in the event(A) <br /> a golf course is closed under Section 9(J) prior to December 31, 2031, or(B) this <br /> Agreement is terminated prior to December 31, 2031 by the City for any reason <br /> except Contractor default under Section 8 of this Agreement,the City shall pay to <br /> Contractor on or before the effective termination date or course closure date <br /> (collectively, "Repayment Termination Date") and as a condition to such <br /> termination or reduction in services related to the course closure,the actual amount <br /> of the Contribution less the amount of the Contribution divided by 120 and <br /> multiplied by the number of months from January 1,2022 through the Repayment <br /> Termination Date, equitably pro-rated for any partial month. For example, this <br /> means that if the Contribution is $200,000.00 and closure or non-default <br /> termination is effective at the end of month 36 of this Agreement, then the City <br /> would pay Contractor $140,0000 [$200,000 — (($200,000/120) x 36)]. If the <br /> Contribution is $190,000.00 and closure or non-default termination is effective at <br /> the end of month 36 of this Agreement, then the City would pay Contractor <br /> $133,000 [$190,000—(($190,000/120)x 36)]. <br /> C. Capital Improvement Requirements. All capital improvements undertaken by <br /> Contractor, including without limitation the projects under Section 7(B) above, must <br /> comply with this Section 7(C). No alterations or improvements shall be made without <br /> the written consent of the City. Contractor shall submit complete detailed construction <br /> drawings for review and approval by the City prior to the start of any City-approved <br /> construction and shall submit as-built drawings and breakdown of construction costs <br /> within thirty (30) days after completion of construction. The City agrees to promptly <br /> review plans for proposed improvements or alterations, and if the improvements are <br /> acceptable to the City, to promptly approve same. All alterations, improvements or <br /> fixtures shall be such that they do not impair the foundation, exterior walls, roof or <br /> structural bearing parts of the clubhouse, or cause any deterioration to any other <br /> structure. All work performed in providing alterations and/or improvements shall be <br /> done to the satisfaction of the City. Any alterations or improvements approved by the <br /> City shall become the property of the City upon fixation.Where applicable,Contractor <br /> shall obtain all necessary governmental permits needed to accomplish the approved <br /> capital improvements and shall submit copies of such permits to the City prior to <br /> commencing any construction on the Facility. Contractor shall maintain records on the <br /> costs of improvements and shall make such records available to the City for review. <br /> Contractor and each subcontractor engaged in construction, alterations or <br /> improvements under this Section 7 shall pay all workers, laborers, or mechanics <br /> employed in the performance of any part of such work an amount not less than the <br /> prevailing rate of wages established for each trade or occupation as established by the <br /> Washington Department of Labor and Industries, in accordance with Chapter 39.12 <br /> RCW (Prevailing Wages). <br /> 5 <br />
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