HomeMy WebLinkAboutCORRESPONDENCE - RFP - 8822 CITY PARK NINE PROFESSIONAL / CONCESSIONAIREOfficial Purchasing Document
Last updated 3/2018
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AMENDMENT #04
AGREEMENT BETWEEN THE CITY OF FORT COLLINS
AND MATTHEW MAGLEY DBA THE PIN SEEKER COMPANY
This Fourth Amendment (Amendment #04) is entered into by and between the CITY OF FORT
COLLINS (the “City”) and MATTHEW MAGLEY DBA THE PIN SEEKER COMPANY (the
“Contractor”).
WHEREAS, the Contractor and the City entered into an Agreement effective January 1, 2019 (the
“Agreement”); and
WHEREAS, the Contractor and the City entered into an Amendment effective October 27, 2020
(the “Amendment #01”); and
WHEREAS, the Contractor and the City entered into an Amendment effective January 7, 2022
(the “Amendment #02”); and
WHEREAS, the Contractor and the City entered into an Amendment effective February 13, 2023
(the “Amendment #03”); and
WHEREAS, Contractor and the City desire to amend the Agreement to incorporate the annual
fee adjustment for 2023 and adjust the term of the Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein
contained, the parties agree as follows:
1. Article 7, Term, is hereby extended as provided for in subparagraph 7.2 and approved by
City Council by Ordinance 159, 2023 as follows:
The term of this Agreement shall be extended and commence on February 1, 2024
and unless terminated sooner, shall expire on January 31, 2025. This Agreement shall
automatically renew for up to four (4) additional one (1) year terms unless the
Contractor is in default beyond any applicable cure period or unless one party serves
written notice to the other party of its intention to terminate the Agreement, provided
such written notice must be served at least ninety days prior to the anniversary date
of the Agreement.
2. Article 8, Fee for Services/Free for Conduction Business, Subparagraph 8.1, Tables 1, 2,
and 3 are hereby revised and replaced with the following:
The 2024 fees effective February 1, 2024 are as follows:
Table 1
5 YEAR GROSS REVENUE SUMMARY
2019 2020 2021 2022 2023 Average
Green Fees $532,335 $644,187 $744,198 $778,044 $875,236 $714,800
Cart Fees $89,765 $126,457 $152,212 $163,174 $144,046 $135,531
Driving Range $73,247 $87,013 $139,559 $136,368 $174,919 $122,221
Total $695,347 $857,657 $1,035,969 $1,079,587 $1,194,200 $972,552
DocuSign Envelope ID: C4A66860-1AB7-4DC3-8DB9-5CF47DEFBD96
Official Purchasing Document
Last updated 3/2018
Page 2 of 2
Table 2
Description Calculation
5 Year Average Gross Revenue $ 972,552
14 % Gross Revenue (Annual Fee for Services) $ 136,157
95% of Annual Fee for Services $ 129,349
Monthly Installment Calculation for 12 Months $ 10,779.12
Table 3
Description Calculation
Minimum Wage (2022 rate) $14.42 per hour
Plus 28% Overhead $4.04per hour
Total Hourly Allotment Rate $18.46
Total Annual Allotment $59,470.39
Monthly Installment Calculation for 12 Months $4,955.87
Except as expressly amended by this Amendment #04, all other terms and conditions of the
Agreement shall remain unchanged and in full force and effect. In the event of a conflict between
the terms of the Agreement, Amendments #01, #02, #03, and this Amendment #04, this
Amendment #04 shall prevail.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment the day and year
shown.
CITY OF FORT COLLINS:
By:
Gerry Paul
Purchasing Director
DATE:
MATTHEW MAGLEY DBA THE PIN SEEKER
COMPANY
By:
Printed:
Title:
Date:
DocuSign Envelope ID: C4A66860-1AB7-4DC3-8DB9-5CF47DEFBD96
Owner, Head Golf Professional
Matthew Magley
2/15/2024
2/15/2024
DocuSign Envelope ID: C4A66860-1AB7-4DC3-8DB9-5CF47DEFBD96
DocuSign Envelope ID: C4A66860-1AB7-4DC3-8DB9-5CF47DEFBD96