GOLF PROFESSIONAL CONTRACT AND LEASE
This Contract and Lease agreement hereinafter referred to as the “Agreement” entered into this _________ day of _____________, 2023, by and between the CITY OF MANTECA, a municipal corporation, hereinafter referred to as "City", and Central Golf Company, hereinafter referred to as "Professional," witnesses:
WHEREAS, City is desirous of engaging the services of Professional as the Professional of Golf Operations; and
WHEREAS, CITY is desirous of leasing certain areas of its golf course clubhouse hereinafter referred to as "Pro Shop," "Golf Cart Storage Facility," and "Driving Range" to Professional, all located at 305 N. Union Road, Manteca, California, 95337; and WHEREAS, Professional is desirous of undertaking the duties and responsibilities of the Professional of Golf Operations and of leasing from City the Pro Shop, Golf Cart Storage Facility, and Driving Range.
NOW, THEREFORE, the parties in consideration of the mutual covenants and promises herein contained agree as follows:
1. STATUS OF PARTIES
In all matters related to golf course operation, Professional shall be an independent contractor and at no time shall be an employee or agent of City, except as may be specifically provided herein.
In all matters related to the lease by Professional of the Pro Shop, Golf Cart Storage Facility and Driving Range, Professional and City shall bear the relationship of tenant and landlord.
2. TERM AND LEASED FACILITIES
City hereby engages the services of Professional as the Professional of Golf Operations for the Manteca Municipal Golf Course, and hereby leases that certain area of City's golf course clubhouse as shown on Exhibit "A" attached, the Golf Cart Storage Facility and Driving Range, collectively the "Leased Facilities," commencing on November 1, 2023, and ending on October 31, 2033. The contract may be extended for two additional five (5) five-year terms with agreement of the City and the Professional. Professional must notify the City of their request for the extension, in writing, no earlier than 120 days and no later than 90 days before the expiration of the contract term.
Holding Over: In the event Tenant holds over and continues in possession of the premises after expiration of the term, Tenants continued occupancy of the premises shall be considered a month-to-month tenancy and subject to all terms and conditions of the Agreement.
3. UTILITIES
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Currently, there exists only one gas meter for the metering of gas and electricity for the Pro Shop and the first floor common areas of the City's golf course clubhouse.
Furthermore, more than one tenant occupies said first floor, and all tenants use the common areas. Professional and City therefore agree that Professional shall pay to City 68% of all gas and electric charges related to the service provided to the Pro Shop and the common areas.
Professional shall pay all utility costs for the operation of the Golf Cart Storage Facility, which shall be metered separately.
4. WATER AND SEWER
Currently, only one water meter serves the entire clubhouse facility, exclusive of landscaping. It is therefore agreed that Professional shall pay to City a sum equal to 19.5% per month of all water and sewer charges.
5. SOLID WASTE SERVICE
Professional shall establish solid waste service and pay necessary solid waste fees for the pro shop operations.
6. TELEPHONE/SECURITY SYSTEMS
Professional shall be solely responsible for his own telephone equipment and telephone service charges. Professional shall pay to City 1/3 of the cost of the master fire and burglar alarm systems
7. CONDITION AND MAINTENANCE OF PREMISES
Except as otherwise specifically set forth in the Agreement, Professional shall keep and maintain all portions of the Leased Facilities in good order and repair and in safe and clean condition as they were when received by Professional from City, reasonable wear and tear excepted. Professional’s obligation to repair shall specifically include necessary repairs over the first $500 per repair to the interior walls, floor coverings, ceilings, painting and maintenance of interior doors. Window plate glass that is broken by Professional or his employees or that is broken from a cause that emanated from the interior of any portion of the Leased Facilities shall be the sole responsibility of Professional. Professional shall be responsible for janitorial services. In the event the City is not satisfied with the quality of the janitorial service provided, the City shall provide the Professional with 10 business days’ written notice to correct deficiencies in the janitorial service. In the event the deficiencies are not corrected, City reserves the right to contract for janitorial services and Professional shall pay City the monthly cost for such janitorial services.
Professional shall not permit vendors to display or sell goods, wares or merchandise in or about the premises unless a permit to do so has first been received from City.
8. PAYMENTS
The annual guaranteed rent shall be $55,000. The Professional shall pay to the City the greater of the minimum annual guaranteed rent or the sum of the percentage rents listed below, exclusive of green fee. Any difference between the minimum guaranteed rent or the sum of the ATTACHMENT 1
percentages below will be calculated as of June 30 and will be invoiced to the Professional.
Professional shall pay to City, within 10 days of the date of the invoice provided by the City, the amount due City. Beginning in year four of contract, the minimum annual rent will be adjusted to 75 percent of the average prior three years’ percentage rent, but not less than $55,000.
Green Fees: Professional shall receive 10 percent of the monthly greens fees/pass revenues for greens fees/pass revenues collected up to an annual amount of $1,300,000 gross and 20 percent for gross greens fees/pass revenues over $1,300,000. Annual fees shall be defined as those fees collected from July 1 to June 30. Professional shall remit 100% of gross greens fees/pass revenues as outlined in Section 10 (f) Duties of Professional – Receipt of Fees. City shall pay to Professional, on or before the 10th of each month, the percentage due Professional for green fees/pass revenues collected in prior month subject to the following:
Definition of Green Fees - For purpose of this Agreement, the term "Green Fees" shall mean those charges fixed by City and imposed on the public for the playing of golf without regard to the ultimate allocation or characterization of those charges by City. City reserves the right to approve a Capital Improvement/Facilities Fee, which shall not be subject to percentage share with Professional. Said Capital Improvement/Facilities Fee shall be retained 100% by City.
Golf Cart Rentals: On the first $475,000 of annual golf cart rental fees, Professional shall pay to City the sum of 15% of the monthly revenues. On any amounts over $475,000 of annual golf cart rental fees collected, Professional shall pay to City the sum of 20% of golf cart rental fees collected. Annual fees shall be defined as those fees collected from July 1 of one year to June 30 of the following year. Professional shall provide City with a monthly accounting of the golf cart rental fees collected each month. Said accounting shall be provided to City on or before the 10th day of each month, showing the fees collected the previous month. City shall invoice Professional for the percentage due City for golf cart rental fees collected for the prior month as described below under Payments Due to City.
Driving Range Fees: On the first $125,000 of annual driving range fees, Professional shall pay to City the sum of 10% of the monthly revenues. On any amounts over $125,000 of annual driving range fees collected, Professional shall pay to City the sum of 20% of driving range fees collected that year. Annual fees shall be defined as those fees collected from July 1 of one year to June 30 of the following year. Professional shall provide City with a monthly accounting of the driving range fees collected each month. Said accounting shall be provided to City on or before the 10th day of each month, showing the fees collected the previous month. City shall invoice Professional for the percentage due City for driving range fees collected for the prior month as described below under Payments Due to City.
Merchandise: Professional shall pay to City the sum of 5% of the monthly revenues for all golf merchandise sold. Professional shall pay to City, within 10 days of the date of the invoice provided by the City, the percentage due City for merchandise sold that year. Annual fees shall be defined as those fees collected from July 1 of one year to June 30 of the following year.
Professional shall also provide City with a monthly accounting of the golf merchandise sold each month. Said accounting shall be provided to City on or before the 10th day of each month, showing the fees collected the previous month. City shall invoice Professional for the percentage due City for merchandise fees collected for the prior month as described below under Payments Due to City.
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Lessons: Professional shall pay to City the sum of 5% of the monthly revenues for all golf lessons. Professional shall pay to City, within 10 days of the date of the invoice provided by the City, the percentage due City for golf lessons that year. Annual fees shall be defined as those fees collected from July 1 of one year to June 30 of the following year. Professional shall also provide City with a monthly accounting of the total golf lessons each month. Said accounting shall be provided to City on or before the 10th day of each month, showing the fees collected the previous month. City shall invoice Professional for the percentage due City for lessons collected for the prior month as described below under Payments Due to City.
Other: Professional shall pay to City the sum of 10% of the monthly revenues for all other golf pro shop related items that charge a fee. Items like locker fees, equipment rentals, and other items for which fees are collected shall fall within the “other” category. Said accounting shall be provided to City on or before the 10th day of each month, showing the fees collected the previous month. City shall invoice Professional for the percentage due City for other fees collected for the prior month as described below under Payments Due to City.
Payments Due to City: City shall invoice Professional's percentage payment of Golf Cart Rentals, Driving Range Fees, Merchandise, Lessons, Other Fees, gas, electric, water, sewer, solid waste, and master alarm monthly. Further, City shall invoice monthly, any charges related to any motor vehicle fuel charges incurred by Professional with City.
Professional shall pay City’s invoice within ten days of invoice date. In the event that Professional fails to pay amounts when due, the Professional shall pay a late charge equal to 10% of the deficiency.
The annual guaranteed rent and individual percentages will be evaluated annually by the City and Professional and revised as needed upon mutual agreement and City Council approval.
9. DUTIES OF PROFESSIONAL
(A) Operation of Premises:
Professional shall supervise the general operation of said golf course insofar as the paying and golfing public is concerned, and shall assume responsibility during hours of operation for the proper policing of the course, keeping off trespassers, preventing injury to the course and premises by players and others, preserving for City proper order in and about the Pro Shop and premises, and advising on proper maintenance of the course.
Professional shall allow no person to play upon said golf course without first having paid the prescribed Green Fees, or possession of a valid monthly players' pass, or possession of a lifetime pass issued by the City Council, or employees or marshals of Professional or other golf professionals, or permission from City for promotional complimentary rounds of golf.
Employees shall not include individuals paid in full or in part with complimentary rounds of golf, but rather receive salaries or wages for regular services provided to the Professional. Said Green Fees shall be prescribed from time to time by City.
Professional shall comply with the requirements set forth in Exhibit “B”.
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Upon request of City, Professional shall lock course restrooms at daily closure of course. (B) Sale and Rental Equipment:
Professional shall at all times keep and maintain for sale in and about the clubhouse a stock of merchandise, supplies and equipment in keeping with the demand and suitable for use upon said golf course. It is further agreed that no make or line of golf merchandise, supplies or equipment shall be handled exclusively to the detriment of other lines and makes. Professional is hereby granted the exclusive right to sell or rent such merchandise, supplies and equipment on said premises. In addition, Professional agrees to keep on hand an adequate stock of golfing equipment suitable for rental purposes. Such rental equipment shall include, but not be limited to, golf clubs, golf bags and golf balls. A minimum inventory of pro shop merchandise with a wholesale cost of $50,000 shall be maintained.
(C) Pro Shop:
Schedule of hours for opening and closing shall be set forth in the Rules and Regulations established by City.
(D) Employees:
Professional may employ such assistants and other help in giving instructions in golf and in operating said golf course and Pro Shop as s/he deems advisable. It is understood that all such assistants and persons so employed shall be provided at the sole expense of Professional. It is further understood that none of the assistants or employees of Professional are or shall be deemed to be employees, agents or representatives of City. (E) Collection of Green Fees:
Professional or his agent shall act as starter and shall be solely responsible for collecting all green fees. Professional and/or his agents shall not give or allow any credit to any person for any green fees.
(F) Receipt of Fees/Records:
Financial Records: The Professional shall, at Professional’s own expense, install and maintain a golf-specific point of sale (POS) system to record the sale of all goods and services. The system shall include cash registers that print receipts at each point of sale. Professional shall obtain the written approval, not to be unreasonably withheld, conditioned or delayed, of the City’s Director of Finance prior to installation or amendment to sales recordation system.
Accounting: Professional shall install and maintain a system of records and accounts approved by the City's Finance Director, whose approval shall not be unreasonably withheld. Said system shall be of sufficient scope to allow the preparation of a complete profit and loss statement including, but not limited to the amounts of greens fees received and the gross revenue from all other sources. Professional shall keep an accurate record of the number of class players utilizing the Golf Course and the amount of green fees and reservation fees collected from each class of ATTACHMENT 1
player. The professional shall keep records of all revenue generated by the Golf Course operation by class players and shall remit daily, or as determined by the City’s Director of Finance, all receipts for green fees and pass revenues for the privilege of using the facilities of the Golf Course pursuant to Section 9 of this Agreement. The Professional shall provide to the City a full financial statement according to generally accepted accounting principles of his/her entire operation at the Golf Course within 90 days of the close of the Professional’s business year. City may inspect and audit all books of accounts and records of Professional at any reasonable time upon City's request. If at any time the Parks and Recreation Director or Finance Director deems Professional accounting practices or procedures inadequate or not in accordance with general accepted accounting principles, upon written notice, Professional shall make requested adjustments to its practices and procedures. Any other internally prepared financial or statistical reports reasonably requested by Director, which should be kept and/or prepared through the normal course of business, from time to time during the term hereof shall be provided by Professional in the format requested by City, without cost to City, within a commercially reasonable period of time. To the extent permitted by law, City shall keep the financial reports and records referred to above confidential. Professional shall retain all its books and records of account for the term hereof for not less than seven (7) calendar years following the last day of such term. Such books and records of account shall show all Professional’s gross receipts, commissions, and other income derived from his/her operations, pursuant to this agreement, all deductions therefrom, supporting documents and all other information required by this agreement. At any time within seven (7) fiscal years following the last day of the term hereof, upon written notification to Professional, City may, at its sole cost and expense, inspect, audit, and copy Professional’s books, records of account, and supporting documentation relating to Professional’s operations at the Pro Shop for City’s purposes in determining the correctness of the computation of the concession fee as set forth by the annual financial statement submitted by Professional.
Professional shall provide to City three (3) days per week the greens fee transaction for the days prior to the transmittal report (“Transmittal”) which shall be itemized by fee class, daily starter sheet and transmittal reconciliations summary and shall further remit to City an amount equal to all green fees.
(G) Receipt of Advanced Fee Deposits (Reservation Fees):
Professional shall, on an "as received" basis, account for all Reservation Fees. Professional shall in his Transmittal to City indicate the amount of any Reservation Fees received. At the time of application of any Reservation Fee to actual greens fee, Professional shall indicate in each Transmittal the use and application of said Reservation Fee. (H) Dishonored Payments:
Professional shall assume the sole risk of loss for any dishonored check, credit card drafts, or other negotiable instrument and shall be entitled to no offset against greens fees that have been remitted to, or that will be remitted to, City.
(I) Standardized Code:
Professional shall implement and maintain a standard code listing, which shall identify player classification and rate, and provide said standard codes to City. Professional shall not change ATTACHMENT 1
any code without the prior written approval of the Finance Director, whose approval shall not be unreasonably withheld, conditioned, or delayed.
(J) Lockers:
Professional shall be solely responsible for the repair, maintenance and replacement of said lockers. All lockers shall be maintained in a continuously functional and safe condition. (K) Premises:
Professional shall conduct all of the operations under this Agreement on the premises known as the Manteca Municipal Golf Course, and will perform his/her functions as a Golf Pro on the entire portion of the Manteca Municipal Golf Course. Professional shall not be responsible for liability or property damage claims arising on said premises other than those activities specifically conducted by the Golf Pro and his representatives. Professional shall not permit the posting of any political materials on the Golf Course or in the Pro Shop. (L) Indemnification of the City:
Professional shall indemnify, defend, and hold harmless City, its officers, agents, employees, elected officials and representatives from any and all claims, losses, liabilities and/or damages, demands and actions including payment of reasonable attorney's fees, arising out of or resulting from the performance of this Agreement, caused by any negligent or willful act or omission of the Professional, its officers, agents, employees, representatives, or anyone directly or indirectly acting on behalf of Professional. This provision shall not cover claims, losses, liabilities, and/or damages that arise solely from the individual actions of the City. (M) Liability and Property Damage Insurance:
Professional shall, at his/her own cost and expense, procure and maintain, during the entire term of this lease, public liability, contractual liability and property damage insurances in the sum of $4,000,000 aggregate, with $2,000,000 per occurrence.
The policies shall be written with an admitted company to transact insurance in the State of California, and have a rating of no less than A:VII, unless otherwise acceptable to the City of Manteca.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Professional shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Professional's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be in excess of Professional's insurance and shall not contribute with it. City shall be named as an additional insured on all of the above policies.
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(N) Workers’ Compensation Insurance:
Professional shall, prior to entering upon the performance of this Agreement, or such work, procure and maintain in full force and effect during the term of this Agreement, workers' compensation insurance as required by the State of California and Employer's Liability Insurance in the sum of $1,000,000 per accident for bodily injury or disease. (O) Sale of Merchandise:
Professional shall have the exclusive right to sell merchandise excluding food, beverages and tobacco/vape products on City's Municipal Golf Course property, with the obligation upon Professional to maintain a property stock and adequately service the golfing public. A minimum inventory of pro shop merchandise with a wholesale cost of $50,000 shall be maintained.
Professional shall maintain a detailed record of inventory and cost of goods sold. (P) Restaurant and Snack Bar:
It is understood and agreed that City reserves the exclusive right to lease, maintain, operate or otherwise conduct the operation of the restaurant and/or snack bar located on the premises.
Professional further agrees that he will not sell or give away any food, beverage or refreshments of any kind, and install or keep upon the premises machines used for the purpose of vending foods, or food-related wares or merchandise.
(Q) Power Golf Carts:
Professional shall maintain a supply of powered golf carts sufficient in number, in the reasonable opinion of City, to accommodate the needs of the golf course as is typical of municipal golf courses with similar activities and operations. Professional shall be responsible for the lease, purchase, maintenance, safety, insurance, use, operations, and management of the cart concession. At no time during the original term of this Agreement shall Professional make the use of golf carts by the golfing public mandatory, except for tournament play, to ameliorate slow play, or with consent of City.
(R) Golf Instruction:
Professional and his staff have the exclusive right to give golf lessons at the location of the Manteca Municipal Golf Course. Charges for such lessons shall be fixed by Professional and City and shall be in accordance with current market rates. (S) Golf Driving Range:
Professional shall be responsible for the operation of the golf driving range, and shall have the exclusive right to rent practice balls. Professional will provide staff necessary to properly administer the operation. City shall be responsible for grass cutting and maintenance.
Professional shall provide, on an as-needed basis, all practice mats at said driving range, at Professional's sole expense. Upon written notice City reserves the right to require Professional to reduce club sizes/types or other commercially reasonable option allowed for use on range if flying golf balls entering adjacent properties becomes a concern.
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(T) Tournaments and Matches:
Professional or his/her employees shall be present at the course and on duty during the playing of the finals of all Professional's and City-sponsored tournaments and matches. (U) Expenses:
Professional shall pay any and all expenses associated with golf course play and golf course Pro Shop, including but not limited to, operating the starter's window, janitorial supplies, utilities, green fee records, scorecards, starter sheets and pencils, and marshal services, unless otherwise provided in this Agreement. The term "expenses associated with golf course play" does not include course maintenance, such as mowing or watering. (V) Equipment:
Professional shall furnish, at his own cost and expense, all movable equipment, showcases and racks necessary for the proper conduct of the Pro Shop, and shall be responsible for maintenance and good condition thereof.
(W) Marshal Services (Player Assistants) :
Marshal Services (Player Assistants) will be on the golf course during the appropriate times based on tee sheet managements and peak times and as approved by City.
Professional shall comply with the requirements set forth in Exhibit "B." (X) Other:
(1) Professional shall have the exclusive right to remove and salvage all golf balls from any water bodies on City's Golf Course property.
(2) Professional shall supervise all golf activities in connection with outside parties. (Y) Promotional Strategies:
Professional may, at his discretion, employ various promotional strategies, including but not limited to, packaged specials and discounted rates when slow periods arise. At no time may the Professional increase rates set by the City. By July 1 of each year, Professional shall provide the Public Works Director, or his/her designee, with a report summarizing promotional strategies utilized in the previous fiscal year, including details about the effects those strategies had on rounds played and revenues received. Public Works Director, or designee, retains the right to require prior approval of future promotional strategies.
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10. TERMINATION
This Agreement, including the Lease herein contained, will terminate upon the happening of any of the following events: (1) Upon its normal termination. (2) Upon the death of Professional. (3) Upon the physical disability of Professional to such a degree that it: incapacitates Professional for 120 consecutive days per each calendar year during this Agreement. After such period, City may elect to terminate this Agreement upon 30 days' written notice to Professional. (4) Upon written notice by City of termination for good and sufficient cause. Such good and sufficient cause shall include, but not be limited to, the following:
(a) Dishonesty.
(b) Continuing inattention or neglect of duties.
(c) Illegal or immoral conduct.
(d) Failure of Professional to pay, when due, any amounts due City under this Agreement. (e) Failure of Professional to maintain books of account as set forth in Section 10. (f) Failure of Professional to comply with this Agreement's audit requirements. (g) Lack of performance
In the event of early termination for any reason, City shall have the right to assume any golf cart leases, purchase all merchandise at Professional's cost, purchase all personal property and equipment based on an independent appraisal of fair market value (the appraiser shall be hired by the City), and to pay the same to Professional or his/her representative within 30 days of the date of notice of termination.
Professional or his/her heirs and assigns shall be responsible for all outstanding debts of Professional.
In the event that the Professional is no longer contracted by the City, including but not limited to the following reasons: illness, death, disability, termination, or by expiration of the present contract, City shall require the incoming Professional to purchase all merchandise based on an independent appraisal of fair market value (the appraiser shall be hired by the City), and to pay the same to Professional or his/her representative within 30 days of the date of notice of such election.
City shall use its best efforts to have the incoming Professional take over any than existing golf cart leases.
11. CITY REVIEW OF OPERATIONS
City shall have the right to review, at least annually, Professional's performance of his/her obligations under this Agreement, and to determine if Professional has complied with the provisions of the Agreement. Professional shall cooperate in any review conducted by City.
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12. NOTICE
Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by registered or certified mail, in the case of Professional, to 305 N. Union Road, Manteca, CA 95537; and in the case of City to its principal office, 1001 W. Center St., Manteca, CA 95337.
13. ASSIGNMENT
Professional shall not assign or transfer any of the rights, licenses or privileges or any part thereof of this Agreement without the written consent of City, which shall not be unreasonably withheld, and any assignment made without such written consent shall be considered void. This Agreement cannot be assigned involuntarily or by operation or process of law, and in case Professional is adjudged to be bankrupt or insolvent, or Professional makes a general assignment for the benefit of creditors, or Professional fails to release any levy or attachment or execution upon property of Professional within 10 days after such levy is made, then it shall be optional with City to consider any of the same a breach of this Agreement, and to cancel and terminate this Agreement. However, nothing herein contained shall be construed to compel City to do so.
14. DEFAULT IN INSURANCE
Notwithstanding other provisions contained in this Agreement, City is granted the right to immediately terminate this Agreement upon failure on the part of Professional to keep in full force and effect during the entire term of this Agreement the insurance requirements as set out in this agreement, if violation is not corrected or rectified within 10 days of written notice by City to Professional.
15. ATTORNEY FEES
If any action is brought for breach or enforcement of any of the conditions, covenants, or agreements herein set forth, Professional and City agree that the prevailing party shall be entitled to reasonable attorney's fees and costs as fixed by the Court, and further agree that the said attorney's fees shall become a part of the judgment in such action.
16. NOT A CONTRACT OF EMPLOYMENT
It is understood and agreed that this Agreement is not a contract of employment, and that the relation of master and servant, employer and employee, does not and shall not exist between City and Professional or any of his/her employees.
17. TRADE FIXTURES
On the expiration of the term of this Agreement, Professional may remove any and all equipment installed by him, except that which has been affixed to the real property, and shall put the premises in as good a condition as at the beginning of this Agreement, ordinary wear and tear excepted.
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18. CONSTRUCTION
This Agreement shall be controlled by the laws of the State of California without regard to conflict of laws principles that would result in the application of any other than the law of the State of California.
This Agreement, including all exhibits hereto, constitutes the entire agreement between the parties and supersedes any and all prior agreements, written or oral, between them relating to the subject matter hereof and may not be amended except in a writing signed by both parties.
19. SEVERABILITY
The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
20. PROMOTION OF ACTIVITIES
It shall be the duty of Professional to use all reasonable and practical methods to promote said golf course. Said promotion shall include, but is not limited to, the activities listed on the Memorandum attached hereto and marked Exhibit "B," are to be performed by Professional or his/her employees. Exhibit "B" shall be reviewed periodically and may be added to, or may have items deleted from or changed by City as conditions warrant. It is the intent of the Memorandum to act as a guide and check list, and Professional agrees to do all within his/her power to increase play at the Course.
21. MODIFICATION, ALTERATIONS, IMPROVEMENTS
All areas leased by Professional shall not be modified, altered, or improved without the prior written consent of City. All costs associated with any alteration, modification or improvement to the leased premises requested by Professional shall be the sole responsibility of Professional.
All costs associated with any alteration, modification or improvement to the leased premises done at City's request shall be the sole responsibility of City.
If because of a change in any law, governmental rule or regulation, or because of the occurrence of some event that is not contemplated by the parties, it becomes necessary to modify, alter or improve the premises leased herein, then in that event, the parties shall negotiate in good faith the responsibilities for payment for any modification, alteration or improvement. If the parties cannot resolve this issue, then the matter shall be submitted to binding arbitration before one neutral arbitrator selected by the parties. If the parties cannot agree on an arbitrator, then the court shall select an arbitrator.
22. TAXES
Professional shall, at his/her sole cost and expense, pay any and all taxes for which s/he is responsible, or which may be assessed against him/her.
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23. POSSESSORY INTEREST
Under this Agreement, a possessory interest subject to property taxation may be created. Notice is hereby given pursuant to Revenue and Taxation Code Section 107.6 that such possessory interest maybe subject to property taxation if created, and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on such interest. Also, the interest created by this Agreement may be subject to special taxation pursuant to the MelloRoos Community Facilities Act of 1982(Chapter 2.5, commencing at Section 53311, of Part 1, Division 2, Title 5 of the Government Code) and a party in whom a possessory interest is vested may be subject to the payment of special taxes levied on such interest pursuant to such act. “City”
Gary Singh, Mayor
“Professional”
Central Golf Company
By:_________________________________
Jeff Ronald DeBenedetti, Chief Executive Officer
APPROVED AS TO FORM:
L. David Nefouse, City Attorney
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