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,,�••
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-1ARY .
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(SEAL)
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Notary Public for Idaho
Commission Expires: 61
FIRST AMENDMENT TO McCALL MUNICIPAL GOLF
COURSE AGREEMENT FOR PROFESSIONAL GOLF SERVICES - 7