2003/04/09 Council Agenda Packet

WALTER E. HALL GOLF COURSE MANAGEMENT AGREEMENT THIS AGREEMENT ("Agreement"), made as of this 2nd day of April 2003, is entered into by the CITY OF EVERETT, WASHINGTON, a municipal corporation under the laws of the State of Washington, hereinafter referred to as "City," and BILLY CASPER GOLF MANAGEMENT, INC.,hereinafter referred to as "BCG." — - WITNESSETH WHEREAS, the City owns and contracts for the operation and management of the Walter E. Hall Golf Course located in Everett, Washington; and WHEREAS, in 2002 the City issued a request for proposals relating to the management and operation of the American Legion Memorial and Walter E. Hall Golf Courses, including and limited to the golf course clubhouse operations, pro shop facilities, golf professional staff, restaurant facilities and paved/hardscape areas adjacent to pro shop, restaurant, interior restroom facilities, and cart storage/staging area associated with the foregoing, hereinafter referred to as the "Facility;" and WHEREAS, BCG has represented and by entering into this agreement represents, that it and all personnel to be assigned to provide the management services required under this agreement are qualified to do so and will provide professional services pursuant to this Agreement in a professional manner; and WHEREAS, the City will retain full responsibility for the maintenance of the golf course, putting green and practice areas, buildings and structures, paved areas, and landscaping as part of its obligation hereunder and therefore none of those functions shall be part of BCG's responsibility hereunder; and WHEREAS, BCG, via its response to the RFP, submitted a proposal to operate and maintain the Facility which included a proposal for the compensation structure and division of revenues between the City and BCG; and WHEREAS, BCG intends to form a wholly-owned single-purpose subsidiary entity, Everett Golf Management, Inc. ("EGM"), to operate the Facility pursuant to the terms and conditions hereof; and WHEREAS, BCG and the City desire to reduce to writing their understanding concerning the management and operation of the Facility by BCG as set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, hereinafter specified to be kept and performed by the parties hereto, IT IS HEREBY AGREED, by and between the City and BCG as follows: 1. TERM OF AGREEMENT: The term of this Agreement shall be for a five (5) year period commencing on April 11, 2003, and shall expire on April 11, 2008 (the "Term"). 1