Golf Course Advisory Board Agenda and Packet 2010 06 21

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2.03 Prohibition Al!ainst Emplovinl! Illel!al Aliens. See attached addendum, Exhibit A, of this Agreement. 2.04 Ownership of Golf Course. WGP is entering into this Agreement as an independent contractor to provide the services set forth in this Agreement. By entering into this Agreement, WGP acknowledges that it is acquiring no rights or property interests whatsoever in the Golf Course, or any portion thereof (including the improvements and any trade names, trademarks, logos, emblems and similar identifying matters), except a nonexclusive and revocable license, during the Term of this Agreement, to enter upon the Golf Course to the extent reasonably necessary to carry out its obligations pursuant to this Agreement. The City reserves and shall have all rights as owner of the Golf Course, including without limitation the right to utilize the Golf Course for any purpose or activity authorized to the City. Other than for the July 4th celebration, the City agrees to provide a credit against the Basic Fee, pro-rated at a daily rate, for any day the City requires full closure of the Golf Course for a City community event on a day the Course would otherwise be open. ARTICLE III Operating Contracts: Acquisition of Equipment and Supplies: Funding of Golf Course: Irrigation Water 3.01 Operatinl! Contracts. WGP shall negotiate and execute all Operating Contracts necessary for the maintenance, management and operation of the Golf Course during the Term in accordance with this Agreement. Operating Contracts shall allow for termination without cause, by either party thereto upon not less than thirty (30) or no more than ninety (90) days' prior written notice (unless otherwise agreed upon in writing), and shall provide that the party thereto other than WGP shall, at City's request, continue its performance hereunder, subject to the terms and conditions of such Operating Contract, notwithstanding any termination of this Agreement by City and subsequent management of the Golf Course by City or a third party. 3.02 Acquisition of Equipment and Supplies. (a) WGP shall, at WGP's expense and in accordance with applicable agreements and City requirements, procure and keep the Golf Course adequately furnished with all necessary Equipment and Supplies and shall at WGP's expense maintain all such Equipment and Supplies. (b) After the execution of this Agreement, WGP shall have the right to purchase from the City any Equipment and Supplies currently owned by the City, subject to mutual agreement by the City and WGP as to the purchase price and other tenns and conditions of purchase, which shall be established by a separate writing approved by and executed on behalf of WGP and the City. For any agreement, upon purchase the City shall execute and deliver to WGP a bill of sale conveying the purchased Equipment and Supplies to WGP. (c) After the execution of this Agreement, WGP and the City agree to cooperate to seek Lessor approval of an assignment to WGP of the current golf car Lease Agreement with National City Commercial Capital Company, LLC. Other than commitment of reasonable staff time to request such approval, the City shall not be required to incur any obligation or make any payment related to any assignment. 3.03 Operation at WGP's Expense. In performing its duties hereunder, WGP shall act solely for its own account, and all expenses thereby incurred by WGP in accordance with the terms of this Agreement shall be borne exclusively by WGP. WGP is authorized to expend money from the operation ofthe Golf Course to perform its obligations under this Agreement. To the extent the funds necessary for payment of expenses are 4 Initials: ~