2007/07/25 Council Agenda Packet

AMERICAN LEGION MEMORIAL GOLF COURSE 8 AND WALTER E HALL MANAGEMENT.AGREEMENT THIS AGREEMENT ("Agreement"), made as of this day of , 20_, 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 Premier Golf Centers, LLC. WITNESSETH WHEREAS, the City owns and contracts for the operation and management of the American Legion Memorial Golf Course and Walter E Hall Golf Course located in Everett, Washington; and WHEREAS, in 2007 the City issued a request for proposals, (RFP), 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 pavedlhardscape 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, Premier Golf Centers, LLC 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 and landscaping as part of its obligation hereunder and therefore none of those functions shall be part of Premier Golf Centers, LLC's responsibility hereunder; and WHEREAS, Premier Golf Centers, LLC via its response to the RFP, submitted a proposal to operate and maintain the Facility which included a proposal for the compensation structure between the City and Premier Golf Centers, LLC; and WHEREAS, Premier Golf Centers, LLC and the City desire to reduce to writing their understanding concerning the management and operation of the Facility 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 Premier Golf Centers, LLC as follows: 1. TERM OF AGREEMENT: The term of this Agreement shall be for (up to) a five (5) year period commencing on October 1, 2007 and shall expire on September 30, 2012 (the "Term"). Six months prior to the expiration of the Term, the Agreement may be renewed by mutual consent of both parties for up to a five year period. 73 1