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- <br /> 1. TERM OF AGREEMENT: The term of this Agreement shall be for a five (5) year <br /> period commencing on April 11, 2003, and shall expire on April 11, 2008 (the "Term"). <br /> Six months prior to the expiration of the Term, the Agreement may be renewed by mutual <br /> consent of both parties. <br /> 2. POSSESSION OF THE FACILITY: City grants to BCG the right to manage and <br /> operate the Facility as provided herein for the Term. <br /> 3. INSPECTION: The City or its agents may inspect and_/or repair the Facility at all <br /> reasonable times, but this right will impose no obligation upon the City to make <br /> inspections or repairs except as provided for elsewhere herein. <br /> 4. EVERETT GOLF MANAGEMENT, INC.: BCG shall operate the Facility via a <br /> single purpose entity known as Everett Golf Management, Inc. whose sole stockholder <br /> shall be BCG <br /> 5. SERVICES PROVIDED BY BCG: Subject to the terms of this Agreement,BCG, as an <br /> independent contractor, shall have the sole and exclusive right to manage the Facility, <br /> subject to the consultation rights of City provided for in the Agreement. BCG shall <br /> manage, operate and maintain the Facility on behalf of the City in a generally accepted <br /> business-like manner consistent with both parties' objective of operating a high-quality <br /> golf facility that is available to the golfing public and as set forth in BCG's response to <br /> the City's RFP (Exhibit D). These services shall include the management, operation, and <br /> custodial maintenance of the Facility. BCG agrees to operate the golf course facility in <br /> accordance with the City's Internal Control Manual (Exhibit B) and Code of Ethics <br /> (Exhibit C), which is on file with the City's Finance and Parks Departments. The City <br /> retains the right, subject to BCG's review, to modify the Internal Control Manual and <br /> Code of Ethics as necessary to adjust for changes in administrative policy or operating <br /> conditions; provided if a proposed modification impacts BCG's cost of operation or profit <br /> under this Agreement, the City will provide BCG prior notice and an opportunity to <br /> negotiate a modification to this Agreement that will minimize or eliminate the impact on <br /> BCG's cost of operation owing to the proposed changed policy. The services provided <br /> by BCG shall be consistent with the EGM Employee Handbook and BCG Resource <br /> Guide as submitted with its proposal. Without limiting the foregoing, the services shall <br /> include the following: <br /> A. Golf Operations and Starting Services. BCG shall provide starting services as <br /> needed to facilitate a high-quality golf operation. BCG shall be responsible for <br /> taking and reserving tee times and starting of golf play and for control of both the <br /> first and tenth tees at all times. BCG shall collect green fees and other fees and <br /> verify the payment of such fees in a manner, which is consistent with this <br /> Agreement and the BCG Resource Guide. Starter services shall be available as <br /> determined by demand for play. BCG shall provide a receipt for each participant <br /> playing a round of golf. <br /> B. Marshal Services. Marshal services shall be provided, as needed, depending upon <br /> level of play. The marshal on duty will verify that players have a current cash <br /> register receipt and ensure that players are complying with golf play rules. <br /> Details of the Marshal program shall be coordinated with the City. <br /> 2 <br /> v <br />