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2003/04/09 Council Agenda Packet
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2003/04/09 Council Agenda Packet
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Council Agenda Packet
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4/9/2003
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6 <br /> - . reduction in revenue as a result of the damage. Provided the City and BCG may agree to <br /> provide a temporary facility under such terms and conditions as the parties agree. <br /> 14. OWNERSHIP AND REMOVAL OF PROPERTY: All Facility property purchased by <br /> BCG from the Fixed Fee shall remain the property of BCG, provided that it is readily <br /> separable from the Facility. All property purchased from other City funds, including <br /> funds for capital improvements, shall remain the property of the City. It is the intention of <br /> the parties that BCG purchase and maintain throughout the term of the Agreement an <br /> amount of equipment and supplies consistent in quantity_and quality as exists at the <br /> Facility at the commencement of this Agreement. Other than for replacement as provided <br /> for herein, BCG shall not remove any City property from the Facility. In addition, BCG <br /> may purchase property for use at the Facility with BCG's own funds, and BCG shall <br /> notify and provide the City with a schedule of any property purchased by BCG from its <br /> own funds. Any property purchased by BCG with its own funds shall remain the <br /> property of BCG. Subject to Section 12B, upon the expiration of the term of this <br /> Agreement, BCG shall remove all its goods, wares, and merchandise from the Facility <br /> and any equipment placed therein by BCG within thirty (30) days of the expiration date. <br /> In the event of termination for other cause, BCG shall have sixty (60) days to complete <br /> removal of its property, equipment, and fixtures from the Facility. Removal of fixtures <br /> and improvements attached to the structure shall not leave the Facility in a worse <br /> condition than at the time of execution of this Agreement; structural improvements shall <br /> not be removed. The City may, but need not, treat any property remaining upon the <br /> Facility after expiration of this Agreement, or period for removal of BCG property, as <br /> abandoned by BCG, and may make any disposition of such property as the City deems <br /> appropriate. Prior to removing any of the foregoing, BCG shall provide the City with ten <br /> (10) days written notice specifying each item of property it intends to remove. <br /> 15. LOGO AND NAME: BCG is hereby authorized to use the American Legion Memorial <br /> Golf Course name and logo during the term of this Agreement for the purposes of <br /> advertising, promoting and marketing the golf course and golf course merchandise. Such <br /> rights granted to BCG shall not be permitted to be transferred or assigned without written <br /> approval by the City. BCG may refer to the American Legion Memorial Course as <br /> "Professionally Managed by Billy Casper Golf Management, Inc." for advertising and <br /> promotion of the Facility and BCG, subject to City prior approval of such advertisement <br /> and promotion. <br /> 16. USE OF FACILITY AND COMPIANCE WITH LAWS: During the term of this <br /> Agreement and subject to the provisions of this Agreement, the Facility shall be open to <br /> the public and operated on a daily fee basis unless otherwise provided and agreed to in <br /> the Annual Budget and Program. BCG shall keep a log of all play (including any <br /> complimentary play, gift certificates, and outing play) on the golf course. The log shall <br /> be subject to review by City. BCG will comply with all applicable federal and state laws <br /> and City ordinances and with applicable directions, rules, and regulations of public <br /> officials and departments in the enforcement of City ordinances and with directions, rules <br /> and regulations from the State of Washington or from the United States with respect to <br /> any portion of the Facility. <br /> 18 <br />
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