HomeMy WebLinkAboutDAVID R MCCLEAVE - CONTRACT - RFP - P911 CITY PARK NINE GOLF COURSE GOLF PROFESSIONAL (3)FIRST ADDENDUM TO THE CITY PARK NINE GOLF SERVICES AND
CONCESSION AGREEMENT
THIS ADDENDUM is made and entered into this 20th day of February, 2004, by and
between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, whose
principal offices are at 300 LaPorte Ave., Fort Collins, Colorado, ("City") and DMAC Golf, a
Colorado limited liability company ("Contractor").
WITNESSETH:
WHEREAS, the City and David R. McCleave entered into that certain Golf Services and
Concession Agreement ("Agreement") dated November 28`h, 2003; and
WHEREAS, through an Assignment of Agreement and Consent to Assignment dated
December 30, 2003, David R. McCleave assigned his rights and obligations under the
Agreement to Contractor; and
WHEREAS, the Agreement requires Contractor to obtain a "City Beer and Wine
License"; and
WHEREAS, it has come to the attention of the parties that a "Beer and Wine" license is
not the correct type of liquor license for the purposes contemplated by the parties; and
WHEREAS, the parties therefore desire to amend the Agreement as necessary to refer to
the correct type of liquor license.
NOW, THEREFORE, in consideration of mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree to amend the terms and conditions of the Agreement as
follows:
1. That Section 6.8 of the Agreement is amended to read as follows:
6.8 Licenses. Contractor agrees to obtain and pay for all licenses necessary
in connection with its operation, including but not limited to, a County Health
Department Food Services Establishment inspection, a City Beer- Md Wine
I isexse an Optional Premises Liquor License, and a City business license and/or
occupation license.
6.8.1 Any such licenses held by the Contractor in connection with
this Agreement shall be surrendered by the Contractor upon
termination of this Agreement.
6.8.2 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.
6.8.3 For the purpose of theOptional
Premises License, the "premises" shall be defined to include the
Concession Space and adjacent outdoor patio, and the entire golf
course grounds of City Park Nine Golf Course.
2. That the first sentence of "Exhibit C" to the Agreement is amended to read as follows:
As of the date of the Agreement, the City understands that the Contractor will
provide minimum food and beverage services at City Park Nine Golf Course,
which may include vending machines for soft drinks, self-service coolers, coffee,
candy, chips, cold sandwiches, and the sale of all approved liquor
products; and the operation of a food and beverage cart to serve these products on
the course from April through September when a sufficient number of customers
are golfing.
3. That all other terms and conditions of the Agreement shall remain unchanged and in full force
and effect, except as expressly provided in this First Addendum and in the December 30, 2003
Assignment of Agreement and Consent to Assignment.
IN WITNESS WHEREOF, the parties hereto have caused this First Addendum to the
City Park Nine Golf Services and Concession Agreement to be executed as of the day and year
first above written.
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City Clerk
APPRO D AS O FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
A municipal corporation
By: PR
J4n4 B. O'Neill II, CPPO, FNIGP
Pttwhasing Agent
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STATE OF COLORADO )
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COUNTY
DMAC GOLF
A Colorado limited liability company
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David R. McCleave,
Manager
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