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HomeMy Public PortalAbout2016.09.08 Golf Pro Agreement Amendment - Allan MorrisonFIRST AMENDMENT TO McCALL MUNICIPAL GOLF COURSE AGREEMENT FOR PROFESSIONAL GOLF SERVICES THIS FIRST AMENDMENT TO McCALL MUNICIPAL GOLF COURSE AGREEMENT FOR PROFESSIONAL GOLF SERVICES ("First Amendment") is made this 8 day of September, 2016, between the CITY OF McCALL, IDAHO (the "City"), a Municipal Corporation organized and existing under the laws of the State of Idaho, and ALLAN MORRISON, whose address is 308 Camp Road, McCall, Idaho (the "Professional"). Recitals WHEREAS, the City and the Professional entered into the McCall Municipal Golf Course Agreement for Professional Golf Services (the "Agreement") on November 29, 2012; and WHEREAS, the term of the Agreement expires on October 31, 2017; and WHEREAS, the parties desire to amend the Agreement as hereinafter specified; and WHEREAS, the Agreement does not prohibit its amendment by the parties. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, the City and the Professional hereby amend the Agreement in the following particulars, to -wit: 1. Section F, Liquor License, is hereby added to paragraph IV, Facility Operations and Maintenance, so that paragraph IV, Facility Operations and Maintenance now reads as follows: IV. FACILITY OPERATIONS AND MAINTENANCE: A. Pro Shop 1. The Professional shall have exclusive right to operate the area set aside as a pro shop within the Clubhouse for the purpose of displaying and merchandising golf and sporting equipment, accessories, and apparel. The Professional shall maintain a level of inventory throughout the season sufficient to permit an adequate selection for patrons of the Course, including tournament players. Daily and seasonal golf passes, as well as cart, club and locker rentals shall be available through the Pro Shop. FIRST AMENDMENT TO McCALL MUNICIPAL GOLF COURSE AGREEMENT FOR PROFESSIONAL GOLF SERVICES - 1 2. The Professional shall provide staff and operate the Pro Shop so as to maximize play available to the golfing public, course conditions and weather permitting. 3. The Professional shall, at a minimum, keep the Pro Shop open and staffed from 7:00 a.m. to 9:00 p.m., each day from June 1 through September 5; operating hours prior to June 1 and subsequent to September 5 shall be based on hours playable due to weather and daylight. 4. The Professional shall maintain through -out the playing season a Pro Shop telephone (634-7200) and will cover the costs of one line for call in purposes. In addition, the Professional shall make arrangements for an answering system in the off-season. The phone number is the property of the City. B. Practice Range 1. The Professional shall have exclusive right to operate the area set aside as a practice range for the use of the golfing public. The Professional shall likewise be entitled to exclusively conduct golf instruction at the range for remuneration. Instruction shall be made available to individuals and groups, PGA qualified instructors shall be available at reasonable times. 2. The Professional shall be responsible for providing quality range balls, baskets and clubs in sufficient numbers to assure their availability throughout the season and may charge fees for their use. Collecting, cleaning and disbursing the balls shall likewise be the Professional's responsibility. Portable tee mats may be made available at such time as are necessary to permit use of the range when use of the turf tee area is undesirable. Permanent tees, other than natural turf may be installed at the Professional's expense. Likewise, any structures or facilities used for storage or disbursing of range balls shall be subject to City Manager approval. If approved, they are included in the Professional's buy-out as herein provided. 3. Turf upkeep and mowing is not the responsibility of the Professional. 4. The Professional shall be responsible for policing the tee area of the practice range, as well as the maintenance of any equipment utilized by him in conjunction with the operation of the practice range. FIRST AMENDMENT TO McCALL MUNICIPAL GOLF COURSE AGREEMENT FOR PROFESSIONAL GOLF SERVICES - 2 C. Clubhouse and Restaurant 1. The Professional accepts the Restaurant in its present condition, after complete inspection of the same. The Professional shall furnish the City a dated inventory, signed by the Professional, of all equipment and fixtures found by the Professional at the Restaurant when taking inventory in anticipation of possession. The Professional may remove City -owned fixtures and appliances at the Professional's expense, and replace them with equal or better also at its expense, provided the Professional first obtains the written consent of the City Manager as to the change and as to storage or disposition of City property. 2. The Professional may, at its sole discretion, offer complimentary staff meals, and complimentary food and beverage to select guests as a promotional tool. D. Club/Cart Rentals 1. Rental of powered and pull carts, bags/clubs - The Professional shall provide, each day the course is open, at least fifty (50) golf carts, electrically powered carts preferred, all in good repair, for rental to golf course patrons. The Professional shall pay all expenses related to said carts, and shall receive all rental income for his own account. Rental rates for use of equipment shall be determined by him. 2. This right to rent carts, bags and clubs shall be exclusive. 3. The Professional shall have exclusive rights to lost ball/water ball concession. E. Maintenance 1. The Professional shall be responsible for routine cleaning of all areas of the Clubhouse and Restaurant and as otherwise detailed below. The Professional shall report any problem with building maintenance and utilities to the Golf Course Superintendent. The Professional has no authority to contract for parts or services for building maintenance or utilities. The City shall perform all maintenance and City shall perform such maintenance as soon as is reasonably practical. The City shall coordinate its maintenance with the Professional's operation. a. Inspection: The Professional shall make or cause to be made a daily physical inspection of the Clubhouse and adjacent grounds, including the parking lot, putting green, and practice range tee FIRST AMENDMENT TO McCALL MUNICIPAL GOLF COURSE AGREEMENT FOR PROFESSIONAL GOLF SERVICES - 3 area, reporting any unusual or unsafe conditions to the Golf Course Superintendent immediately. b. Clubhouse: The Professional shall provide janitorial services for the Clubhouse. These shall include, but not be limited to cleaning of windows, shampooing and cleaning carpets, and, as necessary, cleaning of restrooms, storage, and locker areas. c. Grounds: The Professional shall, as necessary, see that the Clubhouse grounds, putting green, parking lot, and practice range tee area, are policed and that any litter accumulation is collected and disposed of. d. Equipment Maintenance and Repair: The Professional shall be responsible for routine cleaning of City owned fixtures and equipment used by the Professional and shall secure approval from the City Manager prior to hiring out that service or purchasing replacement parts for such item. This includes routine cleaning (but not repair) and inspection of the exhaust hood system. e. Restaurant: The Professional shall ensure that the facility is kept clean and attractive, including maintaining upstairs lobby, deck and restrooms as well as providing towels, tissue, soap and other supplies, to include cleaning all furniture, fixtures and appliances devoted to Restaurant use, including the interior walls and floor coverings. The facility shall acquire and maintain at least an A rating upon any inspection by authorized governmental agencies. The Central District Health Department shall be requested to make its annual inspection sometime during May, June, July or August. f. Utilities: The Professional shall assume full responsibility and expense for all private telephone service, electrical or gas cart service, and routine cleaning of cart storage areas. The Professional shall also assume responsibility of his personal taxes, merchant invoices, and all other liabilities with respect to his operation of the clubhouse and restaurant. g. Supplies: The Professional shall provide at his expense, supplies and tools necessary for carrying out his maintenance responsibilities, including light bulbs, soap, paper products and like consumables. FIRST AMENDMENT TO McCALL MUNICIPAL GOLF COURSE AGREEMENT FOR PROFESSIONAL GOLF SERVICES - 4 F. Liquor License 1. The Professional shall apply for, obtain and maintain a liquor license equivalent to the licenses previously issued to the City. Upon termination of this Agreement, the Professional relinquishes any right to the liquor license and, to the extent necessary, consents to transfer of the license to the City or such person or entity designated by the City. During the portion of the year when the golf course is not open for play, if the clubhouse restaurant facility is leased or subleased to another person who can qualify to hold and operate the specialty liquor license, the Professional agrees to transfer the license to such person for the duration of the lease or sublease, provided, however, that such license shall be relinquished in favor of the Professional before the start of the next following golf season. 2. Section D of paragraph VI, City's General Obligations, is hereby amended so that paragraph VI, City's General Obligations, now reads as follows: VI. CITY'S GENERAL OBLIGATIONS: A. The City shall maintain the Course, including practice range, to its own standards. This does not preclude advice from the Professional on such matters, but such advice does not obligate the City to take action. B. The City shall determine the official opening and closing days each season, as well as any necessary closures during such season. The decision to close shall be made by the City. The susceptibility of the course to damage from play, personal safety of the golfers, and the like shall be the criteria upon which such decisions shall be made. Inclement weather conditions alone shall not constitute grounds for closure unless its degree or duration gives rise to the adverse consequences outlined. C. The City does not guarantee an uninterrupted supply of water, or electric current; nor does the City guarantee uninterrupted service in providing any utilities. The City shall not be liable to the Professional for any loss, damage, cost or expense which may result from the interruption or failure of any utility services. D. The City shall reimburse the Professional for the sums expended by the Professional to apply for the specialty liquor license previously held by the City at the initiation of this Agreement. E. The City shall conduct the annual patron satisfaction survey required by V. B. above. FIRST AMENDMENT TO McCALL MUNICIPAL GOLF COURSE AGREEMENT FOR PROFESSIONAL GOLF SERVICES - 5 3. In all other particulars, the parties confirm the Agreement. 4. Should any provision of the Agreement be in conflict with this First Amendment, this provisions of this First Amendment shall govern. IN WITNESS WHEREOF, this First Amendment is executed for the City by the Mayor, attested to by the City Clerk, with the imprinted seal of the City, and executed by Allan Morrison, the Professional. DATED this r/ day of , ;. )14`f"-1 e/IC DATED this ,,2!, day of ATTEST: BessieJo ;signer, CityIerk , 2016. ALLAN MORRISON , 2016. CITY OF McCALL Valley County, Idaho FIRST AMENDMENT TO McCALL MUNICIPAL GOLF COURSE AGREEMENT FOR PROFESSIONAL GOLF SERVICES - 6 STATE OF IDAHO :SS County of Valley his .� l day of nla-e-A, in the year 2016, before me, J., -S.- -v , a Notary Public, personally appeared ALLAN MORRISON, '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,,,,,,,,, have hereunto set my hand and affixed my official seal the day and year first above wr �_��"'''•• (SEAL) STATE OF IDAHO :SS County of Valley Notary Pulic for Idaho Commission Expires: C.., r; ti in the year 2016, before me, Notary Public, personally appeared Jackie J. Aymon and 03essieJo Wagfier, Mayor and City Clerk, respectively, of the CITY OF McCALL, Valley County, Idaho, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same as Mayor and City Clerk on behalf of the City of McCall, Valley County, Idaho, and were authorized to do so. On ° this a< l sl day of IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above writtt•�Y S "�i++a,,�•• •'� •••••••• '44. -1ARY . x (SEAL) s•• ,'•ice t% ••••••••�QP�.•. '� rE 0v 'tart.,,,,.•%%%% Notary Public for Idaho Commission Expires: 61 FIRST AMENDMENT TO McCALL MUNICIPAL GOLF COURSE AGREEMENT FOR PROFESSIONAL GOLF SERVICES - 7