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Home My WebLink About102873 GREER - CONTRACT - CONTRACT - JAMES GREERCOLLINDALE GOLF COURSE GOLF SERVICES AGREEMENT This Golf Services Agreement, hereinafter called the "Agreement," is made and entered into as of the 14th day of December, 2001, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter called "City," and JAMES H. GREER, hereinafter called "Contractor", regarding certain services to be provided at the Collindale Golf Course, 1441 East Horsetooth Road, Fort Collins, Colorado, 80525 (the "Golf Course"). WITNESSETH: ARTICLE 1 Golf Services Contractor agrees to provide golf services in accordance with the Scope of Golf Services description, consisting of 1 page, attached hereto as Exhibit "A" and incorporated herein by this reference ("Golf Services"), such services to be provided primarily by the Contractor. ARTICLE 2 Grants of Concessions The City grants and Contractor accepts the responsibility of operating a Golf Pro Shop and Driving Range Concession in accordance with the Scope of Pro Shop and Driving Range Services description, consisting of 3 pages, attached hereto as Exhibit "B" and incorporated herein by this reference ("Pro Shop and Driving Range Services"). ARTICLE 3 Concession Space For the purposes of this Agreement, the "Concession Space" shall mean any and all parts of the pro shop (both temporary and permanent) and clubhouse building (except the restaurant/snack bar concession area) at the Golf Course. 6.6 Taxes. Contractor agrees to pay all local, state and federal social security, unemployment insurance, sales, use, personal property and other taxes, assessments and payments -in - lieu which, during the term of this Agreement or any extension hereof, may become a lien of which may be levied or charged by the State, County, City of Fort Collins or other tax -levying body upon or with respect to the Concession Space or the Golf Course, upon any taxable interest acquired by the Contractor in this Agreement, or any taxable possessory right which Contractor may have in or to the Concession Space or facilities or the improvements thereon, by reason of Contractor's occupancy or use thereof, or otherwise, as well as all taxes on taxable property, real or personal, owned by Contractor or taxes on Contractor's operations or activities in or about the Concession Space or elsewhere at Collindale Golf Course. However, except as otherwise permitted by this Agreement, no charges, fees or taxes of any nature shall be imposed by the City solely upon Contractor for exercising any right or privilege granted by the City to Contractor in this Agreement with respect to the use of the Concession Space. Nothing herein shall prevent Contractor from protesting, through due process, any taxes levied. 6.7 Licenses. Contractor agrees to obtain and pay for all licenses necessary in connection with its operation, including without limitation a City business license and/or occupation license. 6.7.1 Any such licenses held by the Contractor in connection with this Agreement shall be surrendered by the Contractor upon termination of this Agreement. 6.7.2 Upon Contractor's surrender of all licenses and acquisition of new licenses by such replacement Contractor as the City may select, the City shall reimburse Contractor for such proportional amount of the cost of the license as may be attributable to any remaining period which may exist from the date of Contractor's surrender to license expiration. ARTICLE 7 Term sooner, and, 7.2 Renewal -- 2003. This Agreement shall be automatically renewed for a period from January 1, 2003, until December 31, 2003, unless the Contractor is in default 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 (90) days prior to December 31, 2002. 7.3 Renewal -- 2004. This Agreement shall be automatically renewed for a period from January 1, 2004, until December 31, 2004, unless the Contractor is in default 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 (90) days prior to December 31, 2003. 0 7.4 Renewal -- 2005. This Agreement shall be automatically renewed for a period from January 1, 2005, until December 31, 2005, unless the Contractor is in default 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 (90) days prior to December 31, 2004. 7.5 Renewal -- 2006. This Agreement shall be automatically renewed for a period from January 1, 2006, until December 31, 2006, unless the Contractor is in default 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 (90) days prior to December 31, 2005. 7.6 Holdine Over. In the event that the Contractor, or its successor in interest, if any, shall remain beyond the term set forth herein, although no right to remain is given by this Article, it is the intention of the parties and it is hereby agreed that a right of use from month -to -month shall then arise subject to all provisions and conditions of this Agreement in connection with such right, except that the City shall have the sole right to determine reasonable fees for any holdover period. ARTICLE 8 Fee For Services/Fee For Conducting Business 8.1 Golf Services Receipts. Contractor shall retain all fees received from the provision of golf lessons and instruction. 8.2 Golf Services Fee. to l ontractoi of l Three Thousand Dollars 3 Four Thousand Do rs 34,000) for 2003; ty Five Thousand Dollars ($35,000) for 2004; Thirty Six Thousand Dollars ($36,000) for 2005; and Thirty Seven Thousand Dollars ($37,000) for 2006. 8.3 Concession Fee. The parties acknowledge and agree that the Golf Services Fee is a net payment to be made by the City to the Contractor, and reflects a reduction in payment by the City in lieu of payment by the Contractor of a Concession Fee of Twenty Five Thousand Dollars ($25,000) in 2002; Twenty Six Thousand Dollars ($26,000) in 2003; Twenty Seven Thousand Dollars ($27,000) in 2004; Twenty Eight Thousand Dollars ($28,000) in 2005; and Twenty Nine Thousand Dollars ($29,000) in 2006; provided, however, that the Concession Fee may be renegotiated annually if Contractor's costs increase beyond what is presently contemplated due to the potential additional unexpected burdens caused by the construction/operation of a new Clubhouse Building at the Golf Course. 8.4 Time of Payments. The Cinrshall pay to Contractor the Golf Services Section 8.2, in one annualyavment no later than anuary o eac ca en Went provided, however, that the parties may agree to an alternate payment s ARTICLE 9 Utilities, Maintenance and Janitorial Dudes 9.1 Utilities. The City shall pay all charges for water, storm water, sewer, gas, trash collection, recycling, telephone and electric services to the Concession Space; except, however, that the Contractor shall reimburse the City on a monthly basis for all long distance and two-thirds (2/3) of all local telephone charges accruing as a result of calls attributable to the telephone lines located in the Concession Space or otherwise made by Contractor, its agents and employees. 9.2 Maintenance and Repair. The City shall maintain and repair the Concession Space and City equipment and fixtures (defined in Article 10). Contractor shall submit all requests for repairs or maintenance to the City Representative. Notwithstanding anything to the contrary contained herein, the City shall not in any way be liable to the Contractor for failure to make repairs as herein specifically required of it unless the Contractor has previously notified the City in writing of a need for such repairs, and the City has failed to commence and complete said repairs within a reasonable period of time following receipt of the Contractor's written notification. 9.2.1 The Contractor shall neither hold nor attempt to hold the City liable for any injury or damage, either approximate or remote, occasioned through or caused by defective electrical wiring or the breaking or stoppage of plumbing or sewage upon the Concession Space, whether said breakage or stoppage results from freezing or otherwise. 9.3 Cleanine and Janitorial. The Contractor shall keep the Concession Space and its fixtures clean and in good sanitary condition as required by the ordinances, resolutions, statutes and health, sanitary and police regulations of the City of Fort Collins, County of Latimer, State of Colorado. The Contractor shall also be responsible for the daily cleaning of all outside entrances to the Concession Space, the daily cleaning of the golf cart staging and cart storage areas, as well as the day -use locker areas and showers and the long-term locker hallway. ARTICLE 10 Acceptance and Trade Fixtures 10.1 Concession Space City Equipment and Fixtures. In addition to the Concession Space, the City shall provide the following: 9 responsibilities nor delegate any duties under this Agreement to any other person without the prior written consent of the City. 18.21 Survival. To the extent necessary to carry out all of the terms and provisions hereof, the said terms, obligations and rights set forth herein required shall survive and shall not be affected by the expiration or termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. ATTEST: %C3.� �Vw - �-- APPROVED AS TO FORM: i I Decker Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO A*htgicipal Corporation of Purchasing and CONTRACTOR: •, . jL�: . �I