10-05-89 Special/Workshop
CITY OF DELRAY BEACH, FLORIDA
SPECIAL WORKSHOP MEETING - CITY COMMISSION
OCTOBER 5, 1989
5:30 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1. Golf Course Contract Negotiations.
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[ITY DF DELRAY BEA[H
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407 243-7000
M E M 0 RAN DUM
TO:
Honorable Mayor and City Commissioners
FROM: ~obert A. Barcinski, Assistant City Manager
DATE: October 4, 1989
SUBJECT: Draft Contract - Golf Course
I have attached the original working draft of the golf course contract as
requested by Commissioners. This is the original draft and does not contain
revised language or provisions agreed to during negotiation sessions.
In response to Ms. McCarty's specific questions the following is provided:
1. Tee Times
Tee time reservations are addressed in Section XXI. This language does not
prohibit prepaids from playing on weekends. It does not require them to pay
an additional green fee. It only restricts group play. Mr. Shapiro is also
proposing language that under a computer reservation system residents who pay
a $25 annual fee can reserve tee times up to three days in advance and others
would be taken one day in advance. The Licensee would also attempt to reserve
one tee time each hour for walk-ons.
2. Driving Range
We did not add specific language that prohibits lighting of the driving range.
It will be added. I have put in draft language in the capital improvement
section, page 21.
3. Rough Adjacent to Housing
Language concerning mowing rough areas adjacent to residential properties is
contained on page 9 section 4 "Roughs".
Staff is meeting with Mr. Shapiro at 4:00 p.m. today to continue negotiations.
I will try to have written information about this session to Commission by
lunch time Thursday if possible.
RAB/sm
Attachment
THE EFFORT ALWAYS MATTERS
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LICENSE AGREEMENT
CITY OF DELRAY BEACH MUNICIPAL GOLF COURSE
This Agreement, entered into by the City of
after referred to as the "City"), and DELRAY
to as the "Licensee").
Delray Beach, Florida (herein-
GOLF, INC. (hereinafter referred
WIT N E SSE T H:
That, in consideration of the mutual promises, covenants and agreements
contained herein, the Parties hereby agree as follows:
1.
Grant of License: Golf Premises
The City hereby grants to the Licensee for the term and upon the
conditions and previsions herein, the exclusive right and privilege
to manage and operate the Delray Beaeh Municipal Golf Course and
Snack Bar the facility located within the area depicted and circled
in red on Exhibit A, which is attached hereto and by this reference
made a part hereof, such facilities and grounds shall hereinafter
be referred to as the "Golf Premises". The City reserv.... certain
easement rights as indicated on Exhibit A as well as ingress egress
rights for itself or agents so designated. Facilities consist of a
pro shop, bag storage area, clubhouse (snack bar, kitchen, locker-
rooms and restrooms) 195 car parking lot, maintenance building,
open air cart storage building, starters booth, course restrooms
and course rain shelters. The City also grants the exclusive
. pr~ssion for the sale, use, or storage of alcoholic beverages, ~
J:ood stuffs, tobaccos and related commodities in the operation of
the snack bar. The Licensee obtains the use during the term of
this agreement of the City of Delray Beach's liquor license.
Provided however, that the City does hereby reserve unto itself the
right to adequate access thereto for employees, licensees, or
members of the public during the term of this License Agreement (or
any option years or renewal thereto), provided same do not unreason-
ably interfere with or prohibit ,the reasonable use of the now
existin~ golf facilities for use as a golf course.
The City Manager and his/her designee is the License contract
manager and as such is the liaison officer between the Licensee and
the City.
This Agreement between the City of Delray Beach, Florida and the
above-referenced Licensee is a License Agreement, not a lease or
purchase agreement, and should be construed by a court of competent
jurisdiction to be a License Agreement only. Furthermore, this
License Agreement does not grant nor is the Licensee receiving
hereunder any rights to any real property of the City nor any
property interests except as specifically set forth in this License
Agreement.
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II. Term
9,*
III.
This License agreement' shall commence at 12:01 a.m. on January 1,
1990, and terminate at midnight on December 31, 1994 unless other-
wise modified in accordance with the terms of this License Agree-
'ment. Furthermore, upon the mutual consent of both parties, this
License Agreement may be renewed for two additional five (5) year
periods upon the further terms and conditions as are mutually
agreed to by both parties hereto. Nothing herein contained shall
require either of the two parties hereto to enter into such a
renewal option for the additional five (5) year periods of time or
any other period of time.
The above notwithstanding, and in addition to and not by way of
limitation on any of the other rights the City may have under this
License Agreement, during the term of this License Agreement (or
any option years or renewal hereof), the City does hereby reserve
the right to terminate the License Agreement with or without cause
upon sixty (60) days written notice in advance to the Licensee.
Should the City elect to terminate the License Agreement without
cause prior to its regular expiration date, then the City agrees to
pay to the Licensee within forty-five (45) days after the termina-
tion date a sum of money equal to the then-appraised value (as
solely established by the City's appraiser) for all permanent,
capital improvements which have been substantially completed on the
Golf Premises by the Licensee since the commencement of this
License Agreement and agreed to by the City and Licensee. During
the term of this License Agreement (or any option years or renewal
hereof), the Licensee shall have the right to terminate the License
Agreement without cause upon one hundred eighty (180) days written
notice in advance to the City. Should the Licensee so elect to
terminate the License Agreement without cause priot to its regular
expiration date, then the Licensee agrees to complete all capital
improvement projects which have been commenced prior to the Licen-
see's notice of termination, but that there shall be no payment by
the City to the Licensee for such completion or for the value of
such capital improvements. Further, during the period of time
between either the City's or the Licensee's notices of termination
as desc~ibed in this Section, the Licensee agrees to pay to the
City in a timely manner all fees and payments (including but not
limited to license fee) which would become due through to and
including the date set for such termination, and to credit to or
pay to the City a sum of money equal to the pro-rata portion of any
and all long-term, successive, or package fee arrangements that the
Licensee has made with any members of the public to include annual
prepaid green fees, gift certificates or other such fees.
City's Retained Rights
The City reserves at all times the continuing right to utilize any
portion of the Golf Premises for laying and maintaining utility
lines or facilities, including roads, or other necessary rights-of-
way. The City shall use its best efforts to adopt such route or
routes as will be reasonable and economically feasible to minimize
interference with the purposes of this license. The City agrees to
consult with the Licensee prior to any such improvements.
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IV. City's Further RiRhts
V.
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VI.
During the term of this Agreement, the City shall have the right to
do tile following itemsl(""",,, ~,",.~t, U/JeIo",D ^,"""U,p<1""4~
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A. Conduct annual inspections of the structural, mechanical,
heating, plumbing and utility systems and notify Licensee
within thirty (30) days of inspection results and need for
repairs.
B. Monitor and evaluate Licensee's performance for compliance
with t~ of this Agreement.
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Default or Failure of Consideration
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The City may terminate this Agreement for cause and take immediate
possession of the golf premises upon the Licensee's failure to
perform any of the terms and conditions of this Agreement and such
failure in performance either:
A.
Was not remedied by the Licensee within thirty (30) days or in
cases where remedial measures may take longer than thirty.(30)
days, a satisfactory remedial effort must be taken and consis-
tently exerted within thirty (30) days after receiving notice
in writing stating the nature of the failure of performance
and the City's intention to terminate if not corrected and
which remedial measures must be completed within the time set
forth in the notice from the City or in the notice received
from the independent inspection service as provided for in
section VI(A); or
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Was material and was the subject of two (2) ,written deficiency
or default notices from the City within the previous twelve
(12) months; or
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Was untimely payment of the license fee payments as set forth
in this License Agreement.
B.
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With th~ exception that this paragraph shall not apply where the
Licensee's failure to perform in a timely manner was caused by the
Licensee's inability to secure necessary governmental permit~a!SlrM
a reasonable effort by Licensee to so obtain said permits. te~
AssiRnment of Agreement
Licensee shall not assign or transfer this Agreement nor otherwise .
convey any leased right or privilege granted hereunder or ~,hJ'r'" ?~e.,.&.t
any part of the Golf Premises unless the written consent of the
City be first obtained. ~either this Agreement nor any right,
privilege or interest therein or thereunder shall be transferable
by operation of the law or by any process or proceeding of any
court.
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IX.
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Surrender of Golf Premises
Upon termination or expiration of this License Agreement, the
Licensee shall surrender the Golf Premises to the City in as good
condition as at the date of execution of this Agreement, except~~t~.r. ~.~
the effects of pasonable ",p,~ aHa tea~ ~s certified hy ~
parties '.",,--_.. 1J.g6pendent inspection servic--e) alterations and
repairs made with the concurrence of the City, and property damage
by fire, extended coverage and vandalism insurance in current
practice.
Proof of Financial Ability to Perform
This License Agreement is expressly contingent upon the Licensee
providing the City with satisfactory proof of his financial ability
to perform the terms of this License Agreement within two weeks of
the date of execution of this Agreement~
Payments to the City
The Licensee shall make annual license fee payments of the sum of
Said license fee
payments shall be made in advance on the first of each and every
month. The payments hereunder shall be made at the rate of
I a,CDO
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The above-referenced payments shall be due on the first day of each
month under the terms of this License Agreemenr. ana m~s~ sa
r'-'''Oi'"sQ. hy the City sf DQlra:' ~~::.('n nn 1 <=It-ar t.hafl ehe! lOtll u[ ~a,h
m&Rth af t1:tiEi ~\gI'e9mOT"lt-. Tim'- i.3 ~f I-n.:;. ""C;:~iRQQ ia the w,ak":"uo &i
thp. 1;("Qn"li i....'" p.oym;::>nt-r a1:le l:lRQlino Llll:s Llcense rlgn:t:1l1C:L1l...
All payments to the City shall be paid and delivered monthly to the
City Manager or his/her designee.
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X. Operations and Services
I~ Licensee agrees to use the Golf Premises only for the operation' of
. ~e the regulation eighteen hol~ golf course, pro shop, restaurant
'A~~~ (snack bar), and incidental facilities existing on the Golf Premi-
-, ses at the date of execution of this License, and agrees not to
use or permit the Golf Premises or any part thereof to be used for
any other purpose without the prior written consent of the City.
The Golf Premises shall be known and operated as the Delray Beach
Municipal Golf Course. The golf course, restaurant, and other
amenities shall be maintained and operated as outlined herein in
this Agreement.
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Xl 1.
Continuous Operation
Licensee shall keep the various areas of the Golf Premises open and
use them to transact business with the public daily during hours
designated by the City. Subject to the approval of the City, the
Licensee may, upon posting a written notice to the public of not
less than one week, close portions of the Golf Premises for a
reasonable period of time for repairs or remodeling as authorized;
for taking inventory, or to accommodate construction by the
Licensee or the City of public improvements.
Course Maintenance
The Licensee covenants and agrees that it will, at all times, keep,
maintain and operate the Golf Premises and facilities in a good and
prudent manner such that course will be kept in good and playable
condition, maintenance responsibilities to include both the Golf
Premises ~ ca~a d road rights-of-way adjacent thereto.
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A, Indepe~en nspection
The City and the Licensee shall provide for and agree upon an
independent inspection service (which at the outset of this License
Agreement shall be the United States Golf Association) which shall
conduct quarterly inspections of the Golf Course and shall present
a report outlining the condition of th Course, procedures and
materia!s needed to correct the problems with the Course, and a
reasonable period of time in which any problems ought to be correc-
ted. The cost of the inspection services provided hereunder shall
be paid by the City and the services shall be contracted by the
City; however, the cost of such services are included in the
payments made by the Licensee under the License Agreement as set
forth in Section IX, above. The City and the Licensee agree that
the reports filed by the independent inspection service shall be
the standard fort determining whether the Course is being properly
maintained, unless the specific standard for maintenance is other-
wise set forth in this License Agreement. In addition, the failur~
to keep the grass cut so that the course is at a good playable
height shall also constitute a violation of the terms of this
License Agreement. Eithe~_party may at its option request more
frequent inspection of ,t~acilities. In such cases, the part)" i/
requesting the inspection shall be responsible for the payment af
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XIII.
the inspection fee unless the inspection has been necessitated by a
~roblem with the course which according to the inspection report
ought to be corrected by some date which falls between regular
Inspection reports. In such case the cost of reinspection to
determine if the condition has been corrected will be borne equally
by the parties.
Maintenance Standards
Golf Course
1.
Greens, Practice Puttin~ Greens and Aprons
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A. Mowing -- Mowed daily ranging from 3/16" to 5/16" depending on
weather and time of the year. Varied mowing direction each
time greens are mowed.
B.
,
the active season and
the off season.
at
Change cup locations daily during
least four (4) times weekly during
C. Repair ballmarks, divots, or any other damaged turf on all
greens and practice putting greens at least three times per
week.
D. Core aerify all greens and practice putting greens a minimum
of three (3) times each summer. This will be done with "Ryan
Greensaire" or approved equal which places holes on two (2)
inch centers and a minimum of two (2) inches deep.
E. Top dress all greens and practice putting greens after aerifi-
cation and additionally as needed to maintain a smooth putting
surface. A top dressing application rate of 0.6 to 1.0 cubic
yards of material per 1,000 square feet is typically required.
A representative sample of the existing soil material of the
greens shall be submitted to a reputable physical soil testing
lab to determine the specific characteristics of the dressing
material to be used. Top dressing should occur every 3 to 4
weeks during the summer growing season and as needed during
the winter.
F. Light vertical mowing of all greens and practice putting
greens shall be performed every 7 to 10 days from May to
September to control mat and thatch build up and stimulate
optimum turf growth. Heavy vertical cutting should be done
twice in conjunction with the 1st and 2nd code aerification
operations to control thatch accumulation.
G. Spiking of all greens and practice greens shall be performed
as needed between aerifications to maintain proper water
infiltration.
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2. TEES - ALL AREAS USED FOR TEE SURFACE
'A. Mowing - All tees shall be mowed at a height ranging
from l/4" to 7/16"; no less than three times per week
at an interval not to exceed three days.
B. Top Dressing - All tees shall be top dressed a minimum
of 3 times each summer with weekly divot repair.
C. Seeding - All tee areas shall be overseeded each Fall
at a rate of not less than 15 lbs. per 1,000 square
feet from November to April. Seed used shall be a
perennial ryegrass based material. r
D.
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Set-up - Tee markers shall be moved daily during.
active season and at least four (4) times weekly
during the off season. Litter containe~s shall be
emptied as necessary. Ball washers shall be filled as
needed and supplied with clean towels""''--d.n.~'''_liVCll
. 7
E.
Weed Control - Tees shall be kept weed free to an
extent of at least 90% of the area by the proper
application of approved herbicides.
F. Vertical Mowing - All tees shall be severely vertically
mowed twice each summer in conjunction with core
aerification.
G. Aerification - All tees shall be core aerified a
minimum of three (3) times each summer.
H. Fertilization - All tees shall be fertilized at a
mi~imum rate of 8 to lO lbs. of nitrogen per l,OOO
square feet on an annual basis. Bi-annual (Spring and
Fall) soil analysis shall be utilized to determine
other specific nutritional requirements.
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3. FAIRWAYS AND ROUGHS - ALL AREAS OF PLAY EXCEPT GREENS, TEES
AND NATURAL GROWTH AREAS
A. Mowing - all fairways shall be mowed twice a week at a
height of 1/2" during the active growing season and as
needed for the balance of the year.
B. Aerification - All fairways and roughs shall be
aerified a minimum of two times per summer.
Aerification holes shall not exceed a spacing of eight
inChes on center or be of a diameter of less than
1/2". Minimum penetration of two inches. For any
areas through the golf course where traffic and where
patterns are very concentrated, such as exit and
entrance points of the car~ paths, two or three
sUpplemental core aerifications should be conducted
annually during the growing season.
C. Fertilization - All fairways and roughs shall be
fertilized at a rate of 6 to 8 Ibs. of nitrogen per
1,000 square feet on an annual basis. Soil analysis
results (Spring and Fall) shall be used to determine
other nutritional requirements. ~,l""""", 5.......u
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D. Vertical Mowing - All fairways and roughs will be
severely vertically mowed as necessary to control mat
or thatch bUild-up at least yearly.
E. Weed Control - Fairways shall be kept weed free to an
extent of at least 90\ of the area by the proper
application of approved herbicides.
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4. ROUGHS ~ All~roUgh areas are to be maintained at a maximum
height of 3" and a minimum of one mOWing per month. lI\ll~_
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5. Landscape Areas - All Areas Within Perimeter of Operations Planted
With Ornamental Plants, Not Intended For Golf Play and HavinR a
Definable Border
A.
Clean-up - All
debris such as
leaves daily.
areas shall be maintained free of trash and
paper, drinking cans, bottles, fallen limbs and
B.
Week Control - All areas shall be maintained free of weeds or
grass whether by mechanical or chemical means.
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C. Trimming - The plant material (trees, shrubbery, and ground
covering) shall be trimmed as necessary for protection from
wind, insect damage, and for appearance.
D.
Replacement - The plant
annual plan material, and
as necessary to maintain a
material (trees, sod, shrubbery,
ground covering) shall be replaced
pleasing display to the public.
6. Trees - All Trees Within the Perimeter of Operations
A. Staking - All trees shall be staked as necessary to protect
and establish sufficient size to stand unassisted.
B. Pruning All trees shall be pruned as necessary for
protection from wind and pests as well as for appearance.
Proper pruning techniques shall be approved by the City.
C. Irrigation - All trees shall be watered to provide adequate
moisture for proper growth.
D. Mowing - Mechanical removal of grass shall not be accomplished
within one foot of the tree trunk. Trunks area shall be kept
mowed.
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Removal and Replacement - All damaged trees, for whatever
cause, shall be removed and replaced by management firm within
fourteen days unless determined differently by the City.
Replacement will be with the same type tree~3f. was damaged and
if'possible the same size, unless otherwi~~etermined by the
City.
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F. Fertilizing - Fertilize annually with I lb. ornamental type
fertilizer per foot growth to 15 foot height. All materials
used will be approved by the City.
G. Insect Control - Trees will be sprayed with an approved insect
control product as needed.
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7. IRRIGATION - ALL EQUIPMENT REQUIRED TO IRRIGATE ALL AREAS
PF THE GOLF COURSE
A. Repair or replace all heads, valves, controllers,
wiring, and pipe as needed to maintain the proper
operation of the entire golf course irrigation system
(including greens, tees, fairways, planters, flower
beds, etc.) on an on-going basis.
B. All areas maintained in bermuda grasses on the golf
course shall be irrigated. Irrigation should be
utilized along with natural rainfall to provide water
as necessary for optimum growth conditions of grass.
All rough areas shall be watered as needed.
C.
8.
The irrigation pumps shall. be serviced and maintained
on a regular basis as provided in the manufacturers
maintenance manual, but not less than twice per year.
Management firm will provide the City a copy of
service reports for its records. In the event
replacement of pumps for delivery of irrigation water
becomes necessary, such replacement shall be at
management firm's expense and become property of the
City. The pumps and pumping station apparatus was
newly installed in 1989
~~~'N LINK FENCE WITHIN TNE
BOUNDARIES OF THE GOLF COURSE
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~~ ~:~air all broken or damaged fencing on
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B. R~Place all~ as needed within 30 calendar days
of determined replacement need as determined by the
City.
c.
Repair or replace all fences, gates, and locking
deVices needed for protection of the golf course or
e' . diately.
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EDGING - All edging of sidewalks, patios and cart paths
must be edged on ~ weekly basis. Edging of trees,
sprinklers, valve boxes, meter boxes, backflow preventer,
etc. shall be done as needed to insure that there is no'
obstruction of play from growth around these items.
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10. S~ TRAPS - All sand traps shall be edged as necessary to
maintain a neat lip, raked daily and filled with fresh sand
as needed to maintain an 8_" depth on slopes and a 6" depth
~ in the bottom. Replacement sand will be with ~
~ S'~~~~gatiQR a"~f7e. BY ~fte ei~:r. "rop.~t ~~~'.6
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11. COLOR AREAS - Various planting areas throughout the course
(or courses) shall be regularly Cultivated, weeded and
pruned on a regular basis with a least two replanting
programs for annuals scheduled each year.
12.
CONSTRUCTION AND REMODELING - Any change in the physical
characteristics of any area of the golf course such as
addition or removal of sand traps, addition or removal of
any hazards (water, trees or native vegetation), regrading
involving movement of soil exceeding 20 cubic yards in any
single area, or the modification of any portion of the golf
course or the bUildings must be approved by the City.
PROGRAMS - All programs for fertilization, chemicals, and
top dressing formulations must be reviewed and approved by
the City prior to the application or use on the golf
course. ~..J20"~'t4L.vm~.
CREWS - A full mainr~nanc~ crew shall be on duty at the
course daily under the supervision of an on-duty
superintendent.
13.
14.
15.
PEST CONTROL - Provide level of rodent control and pest
control to eliminate such pests' from the clubhouse, food
preparation, food storage, food serving, and disposal
areas.
16.
TRASH AND DEBRIS REMOVAL - Trash and debris removal will be
at management firm's expense. Management firm will take
special care to insure minimal problems for refuse odors,
insects, etc. This may be by the use of heavy duty plastic
containers for refuse from food and beverage concessions or
other approved methods. AII+r-J.. ~("'''''J,~~~1..1.\J I~t..di_
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DAMAGES - Management firm shall be responsible for drainage
problems which may develop as a result of an act of nature.
Repairs will be made to bare spots created through play and
any wet spots which might be created. Damage reports
incLuding pictures should be made on any problems which
might develop.
17.
18.
OTHER - Management firm will be responsible for maintaining
all lakes and bridges in a safe and sanitary manner and in
good appearance, mowing roughs and all unimproved areas as
needed, Spraying fairways, rough and fence lines for weed
control, and soil testing for adequate analysis at least
once per year.
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19.
Ball Washers, Tee Markers, Benches, Signs, Etc. -
LA.._.. .ILI
MlI1I~I&.""e ~ shall be responsible for repair or replacement
needed. If there is a question as to the condition of an item,
City's opinion shall prevail. Ball washers will be maintained
~ ~ holes and will be of a type approved by
City. (;1.lX
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20. Cart Paths -
21.
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Maintain all Cart Paths eo a smooth condition and repair promptly
as needed. Maintenance to include patching of holes and washout
areas and the removal of grass and/or weeds from the cart path
surface.
Staking and Sign~~~
All water hazards and out of bounds areas will be staked according
to USGA Rules. Nursery trees and 150 yard markers will be instal-
led and maintained properly.
22.
Drinking Water -
be maintained at a minimum of ~ ~~
xv.
Pros hop Services
1.
Retail Operation
Provide retail services, including but not limited to: Offer for
sale an adequate stock of quality merchandise, supplies and
equipment suitable for use upon the golf course to include but not
be limited to soft goods (men's and women's clothing), golf clubs,
golf balls, shoes, accessories and golf supplies, all of which
_.o~\\~~nventory shall have a minimum wholesale value of at least Twelve
~~~~~ ~ Thousand Dollars ($12,000) on a monthly basis, which will be sold
vr' at not more than current reasonable prices in the Delray Beach
area. Provided, however, that the City reserves the right to
require Licensee to remove from sale or display any and all items
deemed objectionable by the City Commission for whatever reason.
2. Starter Services
Provide starter services including but not limited to:
A. Maintenance of a complete daily attendance record.
B. Maintenance and assignment of tee time reservations.
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Me.Ra,--<>n+- f'i ,.m. shall operate facilities in accordance with
.t^.tl fi,ut class standards of service comparable to other competing
/tW"""lW{l '1"1) c~club --qolf ovQ\u,S",s in the area. Food' and~ beverage
l operations'- shall maintain a health inspection rating of "A".
~ '''lI''''-t-'..n~9'~~ .c':'=1I shall provide an experienced and well-qualified
- ~te,.~ to oversee the operation. City/Department
~~pr~atives shall have unlimited access to inspect premises
and facilities at any time and to order corr~tive measures in~
accordance with the specifications. In the event lIlilR~gft-'l'R"
t'&LlI'~". ~ fails to make repairs or keep facility in safe and sanitary
condition, City reserves the right to enter upon the facilities
for purposes of making emergency repairs and to charge cost of
. said repairs to the Jlana,eM8R' fi~JR.4' t.c..t..~"'~..'
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M..n"g9I1lQR~ f;rm shall maintain the fOllowing
for golf course maintenance, pro shop, food
golf cart operations:
MAINTENANCE STANDARDS
(Building And Equipment)
minimum standards
and beverage, and
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1. CLUBHOUSE/PRO SHOP/LOCKER AND RESTROOMS
DAILY
A. Litter removed, walkways clean and free of spills and
stains.
B. Carpets clean, spot-free, vacuumed.
C. Restroom entry mat clean; entry door finger mark free;
tile and painted walls clean; toilet bowls, rims, tank
tops, bodies and seats clean; mirrors clean; soap
dispenser clea~ and filled; towel dispenser clean and
filled; counter top clean; air freshener functional;
trash receptacle clean and lined; urinals clean,with
splash mat and deodorant block.
D. Windows clean; accessories and display cases clean;
equipment clean and in good working order; scorecards
and pencils stocked; bag racks, shoe cleaners painted,
cl~an and in good repair; pay phones clean.
MONTHLY
A. Pro shop basic equipment in stock including gloves,
hats, visors, shoes, shirts ,clubs; prices clearly
marked; knOWledgeable staff with helpfuL attitude.
B. Clean cobwebs; exterior walls clean.
C. Carpet cleaning scheduled.
YEARLY
A. Exterior will be cleaned and painted as needed;
interior walls painted as needed. Exterior and
interior paint colors to be approved by the City.
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~ FOOD ~ BEVERAGE SERVICE
DAILY
A. Snack bar staff clean, neat, smiling and helpful.
B. Display cases clean; floor vacuumed, swept, mopped as
applicable; windows clean; front counter clean;
condiments fresh and in clean containers; coffee and
soft drink stations clean; napkin dispensers clean and
filled; sink areas clean.
C. Snack displays clean and well stocked.
D. Grill area clean, well stocked,equipment clean and
functional; freezers and refrigerators at correct
temperature.
E. Storage areas clean, shelves organized, floors clean.
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F. Trash containers clean, (inClUding lid), lined, and
reasonably empty.
G. AShtrays emptied and clean; window frames clean and in
good repair, table tops and bases clean,carpets/floors
clean and presentable. Tables and chairs neatly
arranged, light fixtures clean and functional.
H. Dishwashing and sanitation procedures' shall, at
minimum meet the Health Department standards for food
service establishments.
I. Pots, pans and shelving clean; drains operable; hood/
filters clean; first aid kit available; fire
extinguishers current; inventory organized.
Inspect, clean and service fire system and overhead
grill filter as needed or required by fire code.
MONTHLY
A. Check operation of equipment such as dishwasher, meat
slicer, etc. for defects and correct any found.
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tj'\GOLF ~ OPERATION ~ MAIp...a f~ ~C&'....JiI.,.,.
~ a.a t~"'. - ..... ~ca.iu"", ~
. The ~E4.11m Shal~r vide a minimum f1~:~ Of~ "tt.~
seventy w~~~d go~~ ~~?ts to the public. rm shall
proved a minimum of thirtY-five (35) pull carts to the
public. Both power carts and pull carts are to be kept in
good running condition at all times. service operations
and preventive maintenance operations shall be conducted to
the following minimum standards.
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Weekly
A.
Check water level and clean batteries keep electrolyte
level l/2" above plate separators).
Monthly
A. Tighten all bolts and nuts.
B. Check electrical connections, wires and wire lugs,
accelerator, and forward/reverse contadts for correct
operation and corrosion damage.
C. Check tire pressure.
Quarterly
A. Check and adjust brakes if necessary.
B. Lubricate ball jOints, pedal bushings, brake cable
housing, brake shoe hinge, hill brake release,
steering arm, tie rod ends.
Semi-Annually
A. Check differential oil level, tire wear, motor
brushes, accelerator contacts, brake cables, hill
brake, front nuts.
B. Repair dents larger than 3" in diameter.
C. Replace or repair damaged bOdy parts (ABS plastic,
fiberglass, etc.)
D. Repair or replace broken, damaged, or torn tops, seat
covers, golf bag straps, and other golf cart
accessories as equipped, needing repair.
Annually
A. Repack front wheel bearings.
B. Replace batteries (if necessary).
C. Clean and repaint battery box (at battery
I replacement).
.ft..., fIe.
The ~e~es~ shall keep true, accurate, and complete records of
cart maintenance and make them available for inspection to City
of Delray representatives upon demand during regular business
hours.
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Furnish 18 hole score cards in sufficient numbers to accom-
modate the public. Score cards will reflect distances per
hole by tee and will include a hole layout at a minimum.
Provide for the collection of green fees and cart~
3. Bag Storage and Service _
D.
Licensee will provide bag storage services. Additionally a bag boy
will be available to load and unload bags from the drop off area.
Said which area shall be adequately maintained.
4. Ranger Services -
The Licensee will provide ranger services to enforce the rules and
regulations of the course, ensuring that play is moved along at an
adequate pace. The service is to be provided during all playing
times. Rangers will be provided with carts so marked so that the
players can identify it as a ranger vehicle.
5. Golf Lessons -
Provisions will be made to provide individual and group lessons to
the general public at a price so established by the Licensee. Golf
pro's will be employees of the Licensee.
6. Golf Club Repair Service -
The Licensee will provide golf club repair services to include but
not be limited to regripping, reshanking, club head replacement.
XVI. Service Programs
A. Junior Golf Program - The Licensee will institute a Junior
Golf Program in accordance with PGA Junior Golf Foundation
programs. The program should be comprehensive emphasizing
etiquette as well as skills. Fees shall be modest and free
clubs shall be made available to those youngsters who need
as~istance. Junior size clubs.
B.
Free Clinics -
under the age
offered.
Free golf clinics shall be
of 14. A minimum of 5 free
offered to youth
clinics will be
C.
Tournaments for Service Clubs
tournaments and assist service
for fund raising purposes.
- The Licensee will organize
clubs in putting on tournaments
D. High School Golf Team - Licensee will provide services and
facilities to assist the Atlantic High School Golf Team.
E. Discount Lessons - Licensee will provide discount lessons for
youths under 14~a~~ i
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Summer League Pla~~ Licenseelwill provide opportunity for
summer league play between ~and September of each year.
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Restaurant/Snack Bar Operations
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XVII.
~..-.lAl
Hours of Operation - The minimum hours of operation for the~
snack bar shall be from 6:30 a.m. to 3:30 p.m. and the minimum ~
hours of operation for the beverage bar shall be 6:30 a.m. to ~
7:00 p.m.; except that liquor shall not be served before 12:00
p.m. on Sundays.
B. Snack Bar Menus Menus and prices will be approved by
designated City representative.
1. Breakfast - The snack bar will be required to provide a
breakfast menu which will include at least one hot entre,
2.
Lunches - The snack bar will be required to serve
menu which will include at least one hot luncheon
daily. The special shall include an entre, salad
soup and vegetable.
a lunch
special
and/or
3. Dinners - Dinners will not be required. This meal will
be the option of the Licensee.
4. Catering - The Licensee may provide catering services at
their discretion,
5.
Specials - The Licensee is urged to provide special
and reduced price rates for golf groups involved in
tournaments or for special groups on certain days;
men's special on Men's Golf Association Golf Day.
menus
golf
i.e. J
B.
Expendable Equipment - The Licensee agrees to provide and
maintain all expendable equipment necessary for the operation
of the snack bar/restaurant. This expendable equipment shall
include glassware, china, silverware, cutlery, vending
machines, pots and pans, kitchen utensils, etc. Except as
otherwise provided in this License Agreement, it is understood
and agreed that title to expendable equipment is vested in and
belongs to the Licensee.
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C. Other Equipment Title to all other or fixed existing
equipment as outlined in Exhibit (B) is the property of the
City of Delray Beach and is provided for the use of the
Licensee. Replacement, additional or substitute equipment
provided by the Licensee shall remain vested with the Licensee
and shall be free and clear of all encumbrances, and the
Licensee assumes all risk for loss or damage to such equipment
as well as City titled equipment during the term of the lease.
day.
r
Spec ial
the
the use of
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XVIII.
~XIV.
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Staffing
A. have at all times sufficient
service and assistance to the
as t s
d
if positions are full
shall be adequately
be
B. Course Mana~er - The Licensee shall assign a course manager
who shall be the primary contact between the public and the
Licensee and the City and the Licensee. The Course Manager
shall be accessible to the public and shall publish hours and
times that he/she will be at the course available to handle
problems. A resume of the Course Manager shall be submitted
to the City for review and approval.
C. Golf Professionals - Golf professionals who teach shall be
Class APGA professionals with adequate experience. A resume
shall be furnished prior to the contract execution. The City
Manager or his designee shall be informed in writing of
changes in personnel in this position.
D. Course Superintendent - The Course Superintendent shall be a
fully qualified member of the Golf Course Superintendents
Association of America. A resume of the individual in this
position shall be furnished prior to contract execution. The
City Manager or his designee shall be informed in writing of
any change to this position.
Uniforms
I
All attendants or employees shall wear uniforms furnished by the
Licensee without cost to the City; the City Manager has the right
to disapprove the uniforms if he finds them unacceptable.
Fees and Charges
The fees and charges for green fees, cart rental fees, annual green
fees, locker storage, bag storage, range balls, meals, and bever-
ages shall be those as set forth in Attachment A to this Agreement.
These fees and charges shall be subject to change on a yearly
basis. Fees and charges may not exceed the National Consumer Price
Index of the previous year without the approval of the City
Manager. Price increases less than NCPI can be implemented without
City Manager approval. All requests for increases shall be sub-
mitted to the City Manager in writing no later than 60 days prior
to the effective date.
City residents shall be given preferential rate reduction in an
amount equal to at least 20% for the following; daily green fees,
annual prepaid green fees and cart rental fees.
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PREPAI,P AU~(AJ,..{ FEE'~
SINGLE
FAMILY
PROPOSED PRICE LIST
COURSE FEES
RESIDENT
$700
$1100
FEES 9 HOLES
$6
$4
$5
$4
$1
$7
FEES 18 HOLES
NONRESIDENT
$1100
$1400
SEASON GREENS
. SJJMMER GREENS
SEASON CARTS
SUMMER CARTS
$9
$6
$6
$'4
WALKING CART YEAR ROUND
$1
LEAGUE PLAY
SEASON CARTS
SUMMER CARTS
$8
$7
$15
$8
$10
$7
SEASON GREENS
SUMMER GREENS
$12
$6
SPECIAL PLAY CARDS $12
summer season from 1 may through 31 oct
BAR PRICING
MIXED DRINKS
WELL STOCK
CALL AND MULTI LIQUOR
PREMIUM LIQUORS
$1.50
$2.00
$2,50
BEER AND WINE
DOMESTIC
IMPORTED
BAR SPECIAL
WINE
$1.25
$1.75
$1.00
$1,50
FOOD SERVICE
BREAKFAST
I_UNCH SANDW I CH
LUNCH SPECIAL
OJ r,NER
$1.75-3.00
$2.50-4.50
$4.50-6.50
NOT ANTI C I PA TED
A pr-oposed menu wi 1 1 be presented dur; ng contract negot i at ion
when study of relcvent food and beverage trends can be completed.
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The Licensee is not responsible for honoring any previous commit-
ments made by the previous Licensees. All prepaid annual green
fees, discount books, gift certificates, etc. are to be honored by
the previous Licensees. The City will so notify through newspaper
advertisements, postings at the golf course and other means avail-
able, patrons of this policy.
XXI. Tee Times
Residents of the City of Delray Beach are entitled to first priori-
ty for tee times on the golf course. A system guaranteeing prefer-
ential treatment for city residents both daily green fee payers and
prepaid annual fee payers.
At a minimum reservations for tee times will be taken three days in
advance for City residents. Non-resident tee times may not be
assigned any earlier than one day in advance. Proof of residency
will be through a City of Delray Beach residency card.
The Licensee is required to install and maintain a computerized
reservation system. Group play except for authorized tournaments
will not be allowed on Saturdays, Sundays or holidays during the
season -- from November 1 through April 30 -- until after 11:00
a.m. This includes times that have been previously set aside for
special clubs or groups.
XXII
90 Day Improvements
The following improvements shall be completed by the Licensee
within the first 90 days of the License Agreement.
1. Clean and paint club house, proshop and starters booth.
2. Install new ball washers, benches, tee markers on every hole.
3. Obtain new fleet of golf carts.
4. Obtain new maintenance equipment.
5. Add landscaping and flowers to course entryway around clubhouse
area.
6. Add sand to all bunkers per maintenance specifications
7. Repair potholes in cart paths
8. Prune trees and shrubs as needed
9. Upgrade course signage
Items 5 and 6 above will be counted as part of the Capital
Improvement Program expenses.
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XXII 1.
XXIV.
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Capital Improvement ProRram
That the capital improvements projects as set forth on Exhibit C
which is attached to this License Agreement, is incorporated herein
and expressly made a part hereof shall be undertaken and completed
by the Licensee at his sole cost and expense during the course of
this License Agreement, with the actual cost or value of same to be
substantially the same as set forth on this Exhibit C, and within
the time frame for completion of same as set forth on Exhibit C
(although such time frame may be subject to further negotiation
with the City), except that all such capital improvement projects
shall be completed not later than thirty (30) days prior to the
regular expiration of this Agreement on December 31, 1994.
Furthermore, the list of capital improvements as set forth on
Exhibit C should be construed as a minimum of capital projects and
a limitation on the improvements and capital projects which the
Licensee shall be required to undertake under the terms of this
License Agreement or may undertake voluntarily with the proper
approval in advance by the City. Capital Improvements shall total
$
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Equipmen'l:
The Licensee shall purchase or lease all equipment and furnishings
necessary for the operation of the golf premises including the
snack bar, locker rooms, proshop. This equipment shall include as
a minimum the following but not limited to same:
1. Powered golf carts (70 minimum)
2. Range equipment
3. Course Maintenance Equipment (See attachment B)
All equipment to be purchased or leased shall be approved by the
City in conjunction with the Licensee.
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CARTS
70 Go Ga. Cart. - Lease
Qty.
Equipment
Item
$ 64,000/year
Unit Price
Cost
........................................................................
$
$ 40.000
48.000
1,700
7,500
1,800
9,000
9,000
9,800
2,700
3.000
3.900
16,000
15,000
15,000
20,000
6,000
800
1.200
1,600
2,800
600
15,000
25.000
1
4
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2
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1
1
1
1
1
2
3
4
1
2
1
Hydraulic 5 gang reel mower
Greens Mower
Verticut Reel
Sand Pro
Spiker
Green Aerator
Spreader Top Dresser
Club Utility Vehicles
Ryan Mataway
Thatch Machine
Renovaire W/Hose
Tractor 45 H.P, Diesel
3/4 Pickup
Small Front-End Loader
Small Dump Truck 1-ton
300-gallon Sprayer
Hedge Trimmer
Plowers
Gas Powered Trimmer
Sod Cutter
Drag Mats
Trim Mower
Shop Equil1ment
40,000
12,000
1,700
7,500
1,,800
9,000
9,000
4,900
2,700
3,000
3,900
16,000
15.000
15,000
20,000
6,000
400
400
400
2,800
300
15,000
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$ 255,400
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MAINTENANCE ~.~
Manilgcn,."L [lLllI will accept all properties, facilities, and
equipment "as is" in their presently existing condition.
Management firm shall at its own expense make all repairs
necessary to maintain equipment, buildings and structures,
and ,has total responsibility for building maintenance to
include but not limited to repair and replacement all the
respective golf course properties, fixtures, plantings,
furniture.and related equipment and the heating, utility
and plumbing systems. It's acknowledged by the management
firm that standards for the maintenance, upkeep and repair
of the golf course (greens, fairways, bunkers', rough, tees,
irrigation, etc.) clubhouse, pro shop, snack bar, locker
rooms, golf carts etc. will be made part of the resulting
agreement. It's further understood that management firm
will provide the City'S monthly course management report in
a format approved by the City that shall include
maintenance to greens, fees, fairways, roughs, building
maintenance, levels of irrigation, fertiliza~ion, weed
control and other maintenance. Management fIrm will not
make any alterations, additions, or improvements to the
golf course and facilities without the prior consent of the
City. All alterations, additions, and improvements,
whether temporary or permanent in character, shall at all
times be deemed to be the property of the City and shall
remain upon the premises at the termination of the
agreement. Management firm will not be responsible for
major structural repairs to roofs, exterior walls, heating,
air-conditioning, or foundation which exceeds two thousand
five hundred dollars ($2,500.00). The City, at its
option, may require the management firm to pay the initial
two thousand five hundred dollars ($2,500.00) for-any major
~tructural repair with the City responsible for those costs
which exceed two thousand five hundred dollars ($2,500.00).
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specifically assume. but shall not be limited to provision of the
following maintenance services:
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A. Paint locker rooms annually with r.1ateria1 and color choices
submitted for approval.
B.
In~pect roof yearly, with a written report to the City within
thIrty (30) days after completion of such inspection.
Licensee ag-rees to. have irrigation. pumps serviced and repaired
on a. regul,ar basIs. Such serVlce shall be given so as to
pr?Vlde mamtenance. other than routine and customary, on a
tWIce-in-four years frequency. Such service shall be at
Licensee'.s expense. Licensee shall provide the City a copy of
the serVlce reports for its records. In the event replacement
of pumps for delivery of irrigation water becomes necessary,
such replacement Shalt be at Licensee's expense and become
property of the City. However, if the City i5<. notified by the
L!censee in writing during tl:1e first thirty' (30) days of this
Llc.en~e Agreement, that an'~ of the existing irrigation pumps
~re Inoperable and unrepalrable. the City shall bear the
~XI?ens.e of replacement. of those inoperable and unrepairable
lrnga,tlOn pum?~ fo.r whIch the City has_ received such proper
and tImely notlflcatlon from the Licensee.J
The, City shall, conduct inspections of the structural. mechanical.
heating, plumbing and' other utility systems of leased premises
az:nually a,nd, sh~l provide written notice of its findings to the
LIcensee wIthin thIrty (30) days after completion of inspection.
C.
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Any repairs which are determined to be necessary by the City
Inspection shall be completed on or by the date as specified in said
reports.
Licensee shall not make any alterations, additions, or improvements
(other than the movement of furniture or trade fixtures not affixed
to the structure) to the Golf Premises without the prior consent of
the City. which consent shall not be unreasonably withheld. All
alterations. additions, and improvements, whether temporary or
permanent in character, which may be 'made upon the Golf Premises
by Licensee or the City, except furniture and trade fixtures. the
removal of which will not damage the Golf Premises and which were
installed at the expense of the Licensee shall at ",all. times, be deemed
to be the property of the City. and 'fhal1 rll'mam upon and be
\ surrendered with the Golf Premises as part thereof at the ter.mina-
tion of this License, without compensation to Licensee.
All repairs and replacements shall be in the City's reasonable
discretion. The City reserves the right to approve the contractors
hired and materials purchased by Licensee for such repairs or
replacements. '
Prices
Licensee and employees shall not make or permit any misrp.presen-
tations as to kind and quality merchandise offered for sale. nor
refuse to sell the same which have been displayed or advertised.
Custodian and Security Services
"
Licensee shall, at its own expense, at all times: keep the Golf
Premises in a very neat. clean, safe and sanitary condition includ-
ing the interior of all structures (including the locker room and
bathroom areas, but excepting the areas within the actual
restaurant and bar if this Licensee does not operate same); keep
the glass of all windows and doors clean and presentable. and
furnish all cleaning supplies and materials needed to operate the
Golf Premises.
Utilities
Licensee shall pay all charges for gasoline sewer water
g.arbage . collection (including garbage cans ~nd dumpsters): ~:a~~~g
011, busm,ess telephones a~d telephone answering services and all
o:her utllity, serVlces proVlded the Golf Premises - (-"Yt'il'tiRg tllQ~
cJll"P~tly att"'l~1.itaBle te tAe 8138ratisR sf Aua tl.~ llll.l:a~v~ \"If the
reatat1Iu.~cr and bar cu~4a ;/ {ietns~e dOG" filet L )
Li7~nsee shall also pay all the charges for tempo~ar/~~~" pCer;~'~~nt
Utll1ty hookups. connections. or Installations.
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Standards
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Licensee recognizes that. although it is operating its facilities as an
independent operator for profit, the Licensee, its agents and
employees. will devote their efforts toward rendering courteous
service to the public as though the Licensee, its agents and
employees were employees of the City, with a view of adding to the
enjoymen t of the patrons of this recreational facility.
Licensee shall operate and conduct the facilities on the Golf
Premises in a business-like manner, and will not permit any acts or
conduct on the part of the Licensee's employees which would be
detrimental to the City's operation of the golf course.
~ ~
Licensee shall provide sufficient personnel to adequately staff the
~Y' premises at all times. All personnel shall be dressed in
neat-sppearing attire which clearly identifies them ss Licensee's
employees. Tl1e City Manager has a right to disapprove the
uniforms if he/ she finds them unacceptable.
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Compliance with Laws
Licensee shall comply with all applicable federal or state laws and
City ordinances and with applicable directions, rules and
regulations of public officials and departments in enforcement of
City ordinances and with directions. rules and regulations from the
State of Florida or from the United States with respect to any
portion of the Golf Premises or in any employment arrangements or
contractural arrangements attendant thereto. Licensee shall provide
assistance and cooperate with City officials in the enforcement of all'
ordinances of the City on the Golf Premises.
Unusability
Either party may terminate this Agreement in' the event that the
Golf Premises or a substantial portion ther~of are rendered unusable
by fire. earthquake, act of war or oth~r extraordinary casualty
destroying or damaging the Golf Premises by notice given the other
party within thirty (30) days after such '20nditions are discovered.
In such instances, neither party shall be required to restore or
reconstruct the Golf Premises. During any period of Golf Premise
use subsequent to said thirty (30) days. all payments per quarter
shall be reduced by the ratio that the area rendered unusable by
such extraordinary casualty and not reconstructed or repaired.
bears to the total area of the Golf Premises.
Waiver of Subrogation
The City and the Licensee hereby release and relieve the other and
their agents and waive their entire claim of recovery against each
other from any loss, damage or injury arising out of or incident to
any of the perils included in contracts of policies of" fire, extended
coverage and vandalism insurance in current practice owned by the
parties to the extent said loss is covered by such policies. whether
due to the negligence of either of the parties, their agents or
employees or otherwise.
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XXVIII
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Equality of Treatment
Licensee shall conduct its business in a manner which assures fair.
equal and nondiscriminatory treatment at all times in respects to all
persons without regard to race, color, religion, sex, age,
handicap, or national origin. No person shall be refused service, lc'
be given discriminatory treatment, Or be denied any privilege, us...... .
of facilities or participation in activities on the Golt Premises on
account of race, color, religion, sex, age, handicap, or national
origin.
Equality of Employment Opportunity
During the performance of this contract. the Licensee agrees as
follows: The Licensee will not discriminate against any employee or
applicant for employment because of creed, race, color, sex, age,
handicap, or national origin. The Licensee will take affirmative
action to ensure that applicants are employed, and that employees
are treated during employment without regard to their creed, race,
color, sex, age, handicap, or national origin. Such action shall
include, but not be limited to the following: employment,
upgrading, demotion, or transfer, recruitment advertising, layoff or
termination, rates of payor other forms of compensation, and
selection for training including apprenticeship. The Licensee.>.C
agrees to post in conspicuous places, available to employees and _ ,
applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this
non-discrimination clause. The Licensee will take affirmative action
to ensure that all of its employees, agents and subcontractors
adhere to this provision; provided, nothing herein shall prevent an
employer from giving preference in employment to members olf his
immediate family. Failure to comply with any of the terms of this
provision shall be material breach of this contract. The foregoing
provision will be inserted In all subcontracts entered Into under
this Agreement.
Equality of Contract Opportunity
Licensee has expressly sgreed that he shall tske affirmative action
to ensl,lre that minOrity persons are informed of the availability of
subcontracts at the facility fol' plumbing, electrical, painting,
carpeting, and shall take affirmative action to ensure that minority
persons have equal opportunities to bid or otherwise compete for
such contracts, Licensee and his subcontractors shall conduct their
business in a manner which assures fair, equal and nondiscrimlna-.):'C",;
tory treatment at all times in respects to all persons without regard
to race, color, religion, sex. age, handicap, or national origin,
Failure to comply with any of the terms of this provision shall be
material breach of this Agreement ,_
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~~. .' _. Insurance Requirements
~ fit.- A. General. Before starting and during the term of this License
Agreement. the Licensee shall procure and maintain insurance of the types
and to the limits specified in paragraphs B(l) to B(4). inclusive. below.
B. Coverage. Except as otherwise stated, the amounts and types
of insurance shall conform to the 'following minimum requirements:
1. Workers' Compensation. Coverage to apply for all
employees . for Statutory Limits in compliance with the
applicable'State and Federal laws. In addition, the policy
must include the following:
a. Employers' Liability with a limit of $500.000 each
accident. I
b. Notice of Cancellation and/or Restriction. The policy
must be endorsed to provide the City with thirty
(30) days' written notice of cancellation and/or
restriction.
c. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the
U . S. Longshoremen and Harbor Workers Act and
Jones Act.
,
2.
Comprehensive General Liability. Coverage must be
afforded on a form no more restrictive than the latest
edition of the Comprehensive .General Liability Policy filed
by the Insurance Services Office and must include:
a. Minimum Limits of total coverage shall be $5.000.000
per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability, the
basic policy to be in said form with any excess
coverage (and the carrier) to meet the $5,000.000
minimum to be acceptable to the City.
b. Premises and/or Operations.
c. Independent Contractors.
d. Products and/or Completed Operations. Licensee
shall maintain in force until at least three (3) years
after completion of all services requjred under the
License. coverage for products and completed
operations, including B road Form Property Damage.
e. XCU Coverages.
f. Broad Form Property Damage including Completed
Operations.
g. Broad Form Contractual Coverage applicable to this
specific contract, including any hold harmless and/or
indemnification agreement.
h. Personal Injury covllrage with employee and contrac-
tual exclusions removed.
22
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3.
i. Additional Insured. The City is to be specifically
included as an additional insured (including prod-
ucts) .
j. Notice of Cancellation and/or Restriction. The policy
must be endorsed to provide the City with thirty
(30) days' written notice of cancellation and/or
restriction.
k. A Best Rating of no less than B+ 12 Is required for
any carriers providing coverage required under the
terms of this License Agreement.
Business A uta Policy. Coverage must be afforded on a
form no more restrictive than the latest edition of the
Business Auto Policy filed by the Insurance Services
Office and must include:
a. Minim'um limit of $500,000 per occurrence combined
single limit for Bodily Injury Liability and Property
Damage Liability.
b. Owned Vehicles.
c. Hired and Non-Owned Vehicles.
d. Employee Non-Ownership.
e. Notice of Cancellation and/or Restriction. The policy
must be endorsed to provide the City with thirty
(30) days' written notice of cancellation and/or
restriction.
4. All Risk Property Insurance. Coverage must Include real
and personal property and in an amount equal to the
replacement cost of all real and personal property for
which the Licensee is responsible and over which he
exercises control.
a. Coverage to be provided on a full replacement cost
basis.
b. Losses in excess of ten thousand dollars (~10, 000)
shall be jointly payable to the Licensee and the City.
c. Waiver of occupancy clause or warranty. Polley
must be specifically endorsed to eliminate any "Occu-
pancy Clause" or similar warranty or representation
that the building(s). addition(s) or structure(s) will
not be occupied by the City.
d. Maximum Deductible - $5,000 each claim.
e. Copy of Polley. A certified copy of the policy must
be provided to the City prior to the commencement
of work.
f. Named Insured. The City must be included as fl
named insured.
g. Notice of Cancellation and/or Restriction. The policy
must be endorsed to provide the City with thirty
(30) days' written notice of cancellation and/or
restriction.
h. Flood Insurance. When the buildings or structures
are located within an identified special flood hazard
area, flood insurance protecting the interest of the
Licensee and the City must be afforded for the
lesser of the total insurable value of such buildings
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or structures, or, the maximum amount o! flOOd
Insurance coverage aVailable under the National Flood
Program.
Coverage to Include all equipment (including all
equipment described In Section XII hereof and
Exhibit B attached hereto) owned by Licensee or
City, all structurl!s and Improvements on the Gol!
Course Premises, the contents o! all such structures
and Improvements (excepting those within the
restaurant and bar area which are a part of the
restaurant and bar Licensee's License Agreement),
and all other property of the City utilized by or In
the control of the Licensee.
,
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Failure to comply 'with the Insurance requirements as herein
provided shall constitute default of this Agreement.
A Best Rating of no less than B+ 12 is required tor any
carriers providing coverage required under the terms of this
License Agreement.
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~XlX-. Bonding Requirement
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- The Licensee shall furnish to the City of Delray Beach
fidelity bond for each employee entrusted with money.
"Q#~ Security for Faithful Performance
a $5,000
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Simultaneously with his delivery of the executed License Agreement,
the successful Licensee shall deliyer to the City, an executed bond
in the amount of $250.000 as security for faithful performance and
non-negligent performance of this Licensee Agreement. This' bond
(or letter of credit, as discussed below) shall specifically guarantee
the following:
A. Payment of all fees due under the terms of this License Agree-
ment. including but not limited to license fee payments, pa,-
~ k~~ t"'-Jl'sl._......-.Lf II. ':"itF"... .;:.'-imC".r~.A, and any and
all interest charges, costs or other fees as provided for in
,this License Agreement.
B. The Licensee shall honor the terms of all long-term successive
play or package fee arrangements or repay any.money collected
under the terms of any such arrangement.
C.
Compliance by the Licensee with the
remedial measures schedule as required
City, or as required through the
services as set forth in section VI (A)
ment.
maintenance, repair or
by this Agreement. the
independent inspection
of this License Agree-
D. Compliance with the major maintenance requirements as set
forth in section XI of this License Agreement.
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· E. Compllance with and timely completion of the capital improve-
ment projects set forth in Exhibit C attached hereto. and
under the terms and conditions set forth in Section XL VI of
this License Agreement.
F. Compliance with the termination provisions (including capital
improvement completion and payment provisions) set forth in
Section II of this License Agreement.
The surety on such bond shall be duly authorized by a nationally
recognized surety company satisfactory to the City, such bond shall
be executed and Issued by a resident agent licensed and having an
office In Palm Beach, Dade, Broward or Martin Counties. Florida.,
representing such corporate surety.
If the Licensee is a partnership, the. bond should be signed by
each of the individuals who are partners; if a corporation. the bond
should be signed in the correct corporate name by duly authorized
officer, agent or attorney-in-fact. There should be executed an
appropriate number of counterparts In the License. Each executed
bond should be accompanied by (a) appropriate acknowledgment of
the respective parties; (b) appropriate duly certified copy of
Powp.r-of-Attorney or other certification of authority where bond is
executed by agent, officer or other representatives of Licensee or
surety; (c) duly certified extract from bylaws or resolutions of
surety under which Power-of-Attorney, or other certificates of
authority of its agents, officer or representative was issued.
The requirements for submission of the surety bond as set forth
above notwithstanding, the Licensee may deliver to the City as
required above, or may substitute after reasonable notification at
any time during the term of this License Agreement, a simple, clean
and irrevocable letter of credit In the sum of $250,000.00, or such
other sum as may be mutually agree to by the parties in the course
of this License Agreement, the terms and conditions of which. and
the financial institution providing such letter of credit, to ensure
compliance with those matters set forth in this Section XL. and to
otherwise be acceptable to the City Attorney's office.
Provided further that the amount of said surety bond or letter of
credit for the security for faithful performance of this License
Agreement as set forth herein may be renegotiated by the parties
following two years after commencement of this Agreement if said
sum is found to be insufficient or excessive based upon the
performance of this Licensee under this Agreement and such other
security and cost factors as are determined solely by the City;
excepting that if no such change is agreed to by both parties then
the sum of $250,000.00 shall continue throughout the term of this
License Agreement. except as same may be modified during any
option period on this License Agreement within fourteen (14) days
from date of execution .', , " / ~ ' ,,,/f:, {'......0,
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Taxes - Fees
Licensee shall pay all fees. charges or costs, if any, for govern-
mental inspections or examinations relating to its use of occupancy
ot the Gol! Premises, with the exception that no fee for inspsction
by the City shall be paid by Licensee; pay all license fees and
State and City excise taxes and occupational taxes covering the
business conducted on the Golf Premises; pay all taxes on personal
property of the Licensee and the Golt Premises; and pay any and
all taxes on the leasehold interest, it any, created by this License
Agreement;. and shall .pay all applicable sales taxes attendant to
operations hereunder..
Occupational License
,
The Licensee. pursuant to the City's Code ot Ordinances. Section
~ as same exists on the date of this License Agreement or as
may be amended from time to time. shall obtain appropriate and
current City of Delray Beach Occupational Licenses before commsnc.
ing activities and duties. required or permitted hereunder. and
shall maintain same current during the duration of this License
Agreement. The successful firm must also supply the City with the
required Liablllty Insurance and any other insurance deemed
appropriate as requested by the City betore commence.ment.
Waiver
No action other than a written document from the City so stating
shall constitute a waiver by the City ot :lny breach or detau1t by
Licensee, nor shall such a document waive the Licensee's tull
compliance with the terms and conditions ot this Agreement. irre-
spective of any knowledge the City may have of such breach.
default, or noncompliance. The City's failure to insist upon full
performance of any provision of this License Agreement shall not be
deemed to consent to or accept such incomplete performance in the
failure. No waiver of any breach or default shall constitute or be
construed as a waiver of any subsequent like breach or default.
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-~. Advertising
. Review and approval or disapproval of all advertisements or notices
I _ ,'~ posted on the Golf Premises for commercial vendors related to the
. d.'OI'~_......'" Golf Premises operation or its attendant activities shall be conducted
I. tJt..:}1#'" 06~~ lI. by the City Manager or his/her designee in advance of such
iIll'IV y -'r'" advertisemen). being published in any mannerAo".Q~ k ~~
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Access to Books and Records
;he City or i~s agents shall have" the right at reasonable times to
xamine and Inspect bOGks and records of the Licensee bearing
upon. or connected with the business conducted upon the Golf
PremIses to determine compliance with the provisions of this
) Agreement. If Licensee conduct b i
outside the Golf Premises L' s us ness operations at a location
. Icensee shall adopt a
\. system to accurately reflect the n accounting
\l Golf Premises. Licensee shall r g~OSSI receipts derived from the
~\.IlI( ~ro shop sales i ,. ecor al daily ticket sales and golf
V:'~ and identifies th~ ~~;eas~f ~:fest:~d c~~taining a tape which records
. LtI' with a COPy O~'d h e amount of each trsnsaction
y . sal cas re ster
\ .AJ'\'$~' financial report. The Licenser shall t~~~vi~~a~~:d d~ t~e monthly
IJ""';' his/her designee with an annual y anager or
t~ , relating to the Golf Premises. financial statement of business
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Entry
The City or its agents may enter the Golf Premises at all reasonable
times for the purpose of inspection or repairing the same, but this
right shall impose no obligation upon the City to make inspections
to ascertain the condition of the Golf Premises in addition to the
City's responsibility to conduct ari annual inspection.
Indemnity
Licensee shall defend, indemnify and hold the City harmless for any
liability, claim or expense incurred by the City in connection with
the ownership, operation. maintenance or use of the licensed Golf
Premises or operations incidental thereto, Licensee shall indemnify
and save the City harmless from and against all costs, counsel fees
(at all trial and appellate levels), expenses and liabilities incurred
by the City in and about any such claim, suit, action or cause of
action (at all trial and appellate levels), the investigation thereof.
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or the defense of any action or proceeding brought thereon, and
from and against any orders, judgments or decrees which may be
entered therein or as a result thereof,
X Demolition of Golf Premises
In the event that it is necessary that the City demolish the Golf
It. Premises during the term of this License Agreement. or any exten-
sion thereof, the City shall notify the Licensee of such intent in
writing six (6) months in advance of any such demolition. Such
, notice in good faith shall be grounds for termination of the license
."" upon the expiration of the six (6) month period, In the event of
~"".' ~ such termination, the City shall be required to reimburse the
~.~\;t' ru Licensee for the appraised value, as the same is determined by an
t.e-~ ..llo independent appraiser approved by both parties hereto. of any
.~OI' "t~ City-approved physical improvements made by Licensee to the Golf
; w9~fI'I tI' Premises. less accrued amortization and depreciation on a negotiated
it..>'~u. -.:.A basis. ~.
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In the event that after termination for default ati<!/or failure of
conSideration. as provided herein. Licensee hIS not removed its
property and fixtures within the time allowed. the City may, but
need not. remove said personal property and hold it for the owners
thereof, and Licensee shall reimburse the City for any expense
incurred by the City in connection with such removal and storage.
The City shall have the right to. sell such stored property, without
notice to Licensee, Rfter it has been stored for a p'eriod of thirty
(30) days or more. the proceeds of such sale to be applied first to
the cost of such sale. second to the payment of the charges for
storage. and third to the payment of any other amounts which may
then be due from Licensee to the City, and the balance, if any
shall be paid to the Licensee.
Removal of Licensee's Property
Prior to the expiration of. the term of this contract. Licensee shall
remove all his goods, wares and merchandise from the Golf Premises
and any equipment or fixtures placed therein by Licensee title to
which has not vested in the City pursuant to the provisions of this
.
License within thirty (30) days of the expiration date. In the
event of termination for other cause. the I,icensee, shall have sixty
(60) days to complete removal of its property. equipment. and
fixtures from the Golf Premises. Removal of fixtures and improve-
ments attached to the structure shall not leave the Golf Premises in
a worse condition than at the time of execution" of this License
Agreement; structural and leasehold improvements shall not be
removed. The City shall have the option to purchase the inventory
of the Pro Shop at the Licensee's wholesale cost at the termination
of this License Agreement. The City may. but need not, treat any
property remaining uPQn the Golf Premises after expiration of this
License Agreement or period for removal of Licensee's property as
abandoned by Licensee. and may make any disposition of such
property as the City deems fitting.
Liens and Encumbrances
Licensj!e shall keep the Golf Premises free and clear of any liens
and encumbrances arising or growing out of its use and occupancy
of the Golf Premises. At the City's request, Licensee shall furnish
the City Manager written proof of payment of any item which would
or might constitute the basis for such a lien on the Golf Premises if
not paid. P,., IJ tb b-.J< q t2~---- ~ ~~
Ph.:>tographs
Either party shall have the right without liability to the other to
make photographs or motion pictures of the Golf Premises, activity
therein, and/or displays or exhibits.
A video tape recordin'g and/or photographs will be permanently
recorded by the City prior to occupation of the Golf Premises by
the Licensee. Such permanent recording will be conclusive evidence
as to the condition of the Golf Premises prior to execution of this
License Agreement.
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Address for Notice
Unless otherwise directed In writing, notices shall be made to the
City at the following address:
Office of the City Manager
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach. Florida 33444
and to the Licensee at the following addre~s:
2200 Highland Avenue
Delray Beach,' Florida 33444
Notices sent by mail shall be deemed given on the date of the
postmark affixed by the United States Post Office. All notices and
orders given to Licensee may be served by delivering a copy
thereof to the Licensee in person, or by leaving it at the licensed
premises with any person then in charge of the same, or by posting
the same In a conspicuous place upon the outside of any building or
other structure oCcupied by the Licensee under this Agreement.
Time
-
If the last day for performance of any of the prOVlsIons of this
Agreement during a stated period of days shall fall upon a
Saturday, Sunday or holiday observed by either party, the final
day for performance shall be the following weekday on which both
parties would normally be open for the conduct of business.
Disputes
The Licensee further agrees to refer all disputes to the City
Manager and a.bide by ?is decision; and at the request of the City
Manager. or. ~IS authorIzed representative. and without the making
of any specIfIC charges, to forthwith terminate the employment of
ll!1y employ~e whom the City Manager or such representative con-
slde~s detrImental to the best interest of the Golf Course or the
pubhc ~slng s~me. The provisions set forth in the indemnity
clause In Section; II of this License Agreement shall be
applicable to such actions.
Any disputes relative to items of maintenance and repair, or
responsibility for same, shall be resolved by the City Manager,
whose decision shall be final and binding on the Licensee.
The Licensee agrees to cooperate with any other City licensee on
thl! Golf Premises, including the restaurant and bar licensee, In all
activities or in the sharing of premises or the expenses attendant
thereto, and further to not interfere In any manner In the conduct
of said other Ilcensees' business. activities, or operations. The
Licensee agrees that any disputes which arise during the course of
this License Agreement with such other City licensee shall be
referred to the City Manager or his designee whose decision shall
be binding and final upon all parties.
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Advertising on Premises
The Licensee covenants and sgrees not to advertise in any manner
or form. on or about the premises, buildings, or spaces relating to
his license or elsewhere, except by means of such signs IJr forms of
advertising as shall be approved by the City. The Licensee shall
not employ or use any persons known as "hawkers". "spielers".
"criers" or other noise makers or any other means of attracting
attentic;m to the Golf Premises witho\lt approval by the City
Manager. nor shall the Licensee carryon within or upon said
premises any other operations than above described, or interfere
with any o.ther operation at the Delray Beach Municipal Golf Course.
Non -Assi!lTlabili ty
This License Agreement shall not be transferred or assigned by the
Licensee without the express approval of the City Council of the
City of Delray Beach, which approval must be confirmed in writing.
Captions
Captions are for convenient reference only. and do not limit or
amplify the language of the paragraph (s) following.
Entire Agreement
This agreement constitutes the entire License Agreement between
the parties.
Time of the Essence
All times for performance under the terms and conditions under this
License Agreement by the Licensee are of the essence.
1
IN WITNESS WHEREOF. the City has caused this License Agreement
to be executed by its proper officers hereto duly authorized, and the
Licensee has hereunto set his/their hand(s) this 'L day of ~ . /.
t:Mor. /91";
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