HomeMy Public PortalAboutAB 03-115 AttachmentLIFETIME GOLF PASS SALES AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of August, 2003, by and between the CITY OF McCALL, IDAHO, (the "City") a Municipal Corporation,
organized and existing under the laws of the State of Idaho, and the City of McCall Golf Foundation, P.O. Box 704, McCall, ID 83638, a 501(c)(3) charitable corporation, (the "Foundation").
WHEREAS,
the City owns and operates the McCall Golf Course and has previously provided for the sale of a limited number of lifetime golf passes; and
WHEREAS, the City desires to work with the
Foundation to sell additional lifetime golf passes in order to raise additional funds for capital improvements to the McCall Golf Course and to provide a means for charitable contributions
by golf patrons;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
In consideration of the mutual promises of the parties and other good and valuable consideration, the parties hereby agree:
Section
1: Marketing and Sale of Lifetime Golf Passes. The City agrees to allow the Foundation to market and to offer for sale fifteen (15) lifetime golf passes (the "Passes"). The Foundation
shall determine, in the Foundation's sole discretion, the manner of marketing and promotion of the Passes.
Section 2: Selling Price. The Foundation agrees that that the Foundation
shall not sell the Passes for a price lower than $8,000 per pass. In the Foundation's discretion, the price of the passes may be increased up to or above $10,000 per pass. All sales
will be made for cash or cash equivalent.
Section 3: Use of Proceeds. The Foundation and the City agree that one hundred percent (100%) of all proceeds from the sale of the Passes
shall be dedicated to fund capital improvements at the McCall Golf Course. The City shall have final decision-making authority regarding the priority and scope of the capital improvements,
upon which the proceeds will be expended.
Section 4: Term: This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Upon termination,
the Foundation shall cease marketing and offering for sale the Passes. Termination by either party may be with or without cause.
Section 5: Relationship to the Parties: This Agreement
does not create an employment or agency relationship between the parties; the manner and means of performing the services are subject to Foundation’s sole control subject to reasonable
acceptance by the City.
Section 6: Records: The Foundation shall keep full and accurate records of all sales made under this Agreement. The Foundation shall turn over to the City
any and all such records
on request by City. All records regarding the lifetime Golf Passes in possession of the Foundation shall be subject to the public records laws set forth in Title 9, Chapter 3, Idaho
Code.
Section 7: Entire Agreement: This Agreement contains the entire understanding between and among the parties and supercedes any prior understandings and agreements among them
respecting the subject matter of this Agreement. Any alteration, change or termination of this Agreement may be made only after written approval by the City.
Section 8: Paragraph Headings:
This Agreement shall be construed according to its hair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion
of this Agreement.
Section 9: Choice of Law: This Agreement shall be construed in accordance with the laws of the State of Idaho. Any action brought in connection with this Agreement
shall be brought in the Fourth Judicial District in Valley County, Idaho.
Section 10: Counterparts: This Agreement may be executed in counterparts and all so executed shall constitute
one Agreement, binding on all the parties hereto even though all the parties are not signatories to the original or the same counterpart.
Section 11: Notices: Any notice which a party
may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid,
or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed. Any such notice shall be deemed given upon receipt if by personal delivery,
forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight service.
The parties have the duty to promptly notify each other of any change of address.
Section 12: Effective Date: This Agreement shall be effective the last date signed below.
Section
13: Savings Clause: If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or
the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
CITY OF MCCALL McCALL GOLF COURSE
FOUNDATION
By: _______________________________ By: ________________________________
Ralph Colton, Mayor ____________, its ___________
Date: August 14, 2003 Date:
______________________________
ATTEST:
_______________________________
Barbara Bauer, City Clerk
City of McCall
STATE OF IDAHO )
)ss.
County of Valley )
On this _____ day of __________, 2003, before me, the undersigned, a notary public in and for said county and state, personally appeared
___________, the ______________, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same.
IN
WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written.
____________________________________
NOTARY PUBLIC
FOR IDAHO
Residing at __________________________
My Commission Expires _______________