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HomeMy Public PortalAbout2017.10.26 MMGA Letter of Agreement Tee Box SignTEE BOX SIGN LETTER OF AGREEMENT THIS Letter of Agreement ("Agreement") is made and entered into this 26th day of October, 2017 between the CITY OF McCALL, IDAHO, hereinafter "McCall," and the McCALL MEN'S GOLF ASSOCIATION, Inc., hereinafter referred to as "MMGA." WITNESSETH: WHEREAS, McCall has agreed to allow MMGA to purchase, place, and maintain tee box and advertising signs at each of the 27 holes and other locations on the McCall Golf Course. NOW THEREFORE, MMGA and McCall covenant and agree -as follows, to -wit: 1. The placement sites for the tee box signs shall be approved by the Golf Course Superintendent of the McCall Golf Course. 2. MMGA shall purchase, maintain, and erect the tee box signs at each of the twenty seven (27) golf holes and any approved places at MMA's own expense for the entire term of this agreement. 3. MMGA will purchase and place approved advertising signs on each of the tee box and other signs. Advertisements for the tee box signs are subject to the approval of the Golf Course Superintendent of the McCall Golf Course. MMGA is responsible for soliciting the advertising, billing and collecting the funds from advellisers, and all communications with the advertisers. Advertising rates, fees, and terms will be determined by MMGA. 4. Advertising revenue received from the tee box signs may be utilized for purchase and maintenance of tee box signs at each of the holes on the McCall Golf Course. The net revenue from advertising, remaining after purchase and routine maintenance of tee box signs, shall be used to support City of McCall projects or initiatives at the golf course as agreed upon by MMA and the City of McCall 5. The term of this Agreement shall commence October 31, 2017 and terminate October 31, 2027; provided, however, either party may terminate this Agreement before its expiration by giving the other party no less than one (1) year's notice of an intention to terminate this Agreement at the closure of the golf course the following year. Page 1 of 2 Letter of Agreement October 26, 2017 6. At the termination of this Agreement, or in the event of an early termination by either party, MMGA will retain ownership of all tee and advertiser's signs. 7. MMGA indemnifies and holds McCall harmless from any liability resulting from the tee box signs. 8. Upon the termination of this Agreement, or in the event of an early termination by either party, MMGA agrees to remove the tee box signs within one month of the closing of golf season at MMGA's expense. In the event MMGA shall fail to remove the tee box signs McCall may remove and obtain ownership ofthe signs at no cost. 9. The provisions and stipulations ofthis agreement shall inure to and bind the heirs, executors, administrators, assigns and successors in interest oftheparties hereto. IN WITNESS WHEREOF, the parties do execute this agreement the day and year first above written. By: CITY OF MCCALL, IDAHO ckie J. A ATTEST: BessieJo W. gner, City erk Letter of Agreement October 26, 2017 By: McCALL MEN'S GOLF ASSOCIATION, Inc. President of the MMGA Page 2 of 2