HomeMy Public PortalAbout2003 08/14 Lifetime Golf PassLIFETIME 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 McCall Golfcourse Foundation Inc, 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 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 will consider recommendations submitted
by the Foundation regarding the use of funds by the Golf Course Director. 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.
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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.
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.
Section 12: Effective Date: This Agreement shall be effective after delivery to each of
the parties a fully executed copy of the Agreement.
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: 6 By:
Ralph Co on, Mayor
ATTEST:
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Barbara Bauer, City Clerk
City of McCall
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STATE OF IDAHO )
)ss.
County of Valley )
On this /5 day of , 003, before me, the undersigned, a notary public in
and for said county and state, p sonally appeared the V i e ehes , , 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.
Y PUBLIC FOR
ng at / 6 t
Commission Expires 3
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