FACILITY USE AGREEMENT FOR
SAN CLEMENTE WOMEN’S GOLF CLUB
This Memorandum of Understanding (“MOU”) is entered into this ____ day of _________, 2026, (the “Effective Date”), by and between the City of San Clemente, a municipal corporation (“City”), and San Clemente Golf Women’s Golf Club, a California non-profit corporation (“SCWGC”), individually referred to as a “Party” and collectively referred to as the “Parties.” RECITALS:
WHEREAS, the City owns, operates, and maintains the San Clemente Municipal Golf Course (“Golf Course”) located at 150 Avenida Magdalena, San Clemente, CA, 92672; and WHEREAS, the City seeks to provide recreational opportunities that promote community engagement, inclusivity, and organized recreational use of public facilities; and WHEREAS, the City supports partnerships with nonprofit organizations that contribute to the activation and programming of City facilities; and WHEREAS, the SCWGC was established in 1950 to promote women’s golf and has maintained a continuous presence at the Golf Course for over seventy-five (75) years; and WHEREAS, the SCWGC provides organized weekly golf activities consistent with the rules and regulations of the United States Golf Association and affiliated regional associations; and WHEREAS, on November 4, 2025, the City Council adopted Resolution No. 25-167 establishing operational standards for the Golf Course, including provisions related to tee time block reservations; and WHEREAS, the Parties desire to formalize the terms under which SCWGC may reserve tee times and conduct organized play at the Golf Course.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:
COVENANTS:
PURPOSE
The purpose of this Agreement is to establish the terms and conditions under which the SCWGC will reserve golf tee times at the Golf Course. The SCWGC utilizes the Golf Course to host golf play for its members.
TERM
The term of this Agreement shall be ten (10) years plus two (2) possible five-year extensions from the Effective Date of this Agreement. Extensions shall be executed conjointly without lapse, should both parties mutually agree to continue said Agreement.
FACILITY USE AND TEE TIME ALLOCATION
City agrees to provide SCWGC with a recurring block reservation each Tuesday beginning no sooner than 7:50 a.m., for up to nine (9) tee times, or as determined by the Golf Starter, and subject to operational needs and adjustments.
One (1) annual tournament, such as “Team Play”, shall also have the right to reserved tee times on a date and time mutually agreed upon by the SCWGC and the Golf Starter. This tournament shall be held on a Monday between March and May.
Any additional tournaments or multiple-day championship events shall be considered on a case-by-case basis and coordinated through the Golf Starter so long as it is in the best interest of the Golf Course and is mutually beneficial to the SCWGC.
SCWGC shall submit its annual schedule request for review and approval no later than November 1 of each year. All scheduling is subject to Golf Course operational priorities and approval by City staff.
Tee time blocks shall be allocated based on availability and in the best interest of Golf Course operations. Approval of recurring use does not guarantee exclusive or permanent rights to specific tee times.
SCWGC and its members shall agree to: Comply with all City policies, Golf Course rules, and applicable laws; Conduct activities in a manner that supports efficient course operations and public access; and ensure all players are registered and accounted for through the Golf Course reservation management system.
FEES AND PAYMENT
Green Fees. All SCWGC players shall pay applicable green fees in effect at the time of play based on the players’ residency and eligibility.
Player Guarantee. SCWGC shall provide a guaranteed player count and player list no later than twenty-four (24) hours prior to scheduled play.
No-Show Policy. Individual players who fail to appear (“no-shows”) shall be charged the applicable green fee using a credit card on file.
Revenue Protection. In the event SCWGC does not fill all reserved tee times and fails to release unfilled tee times at least twenty-four (24) hours in advance, SCWGC shall be responsible for payment of the applicable green fees associated with those unfilled tee times.
The City shall make reasonable efforts to mitigate lost revenue by reassigning unfilled tee times to other paying golfers. If the City is able to fill such tee times, SCWGC shall not be charged for those tee times.
Rainchecks may be issued at the discretion of the Golf Starter in accordance with standard operating procedures.
INDEMNIFICATION
To the fullest extent permitted by law, SCWGC shall defend (with counsel approved by the City), indemnify, and hold harmless the City, its officials, officers, employees, volunteers, and agents from and against any and all claims, damages, liabilities, losses, costs, or expenses arising out of or related to SCWGC’s use of the Golf Course or performance under this Agreement. This provision shall survive termination of this Agreement.
TERMINATION
Either Party may terminate this Agreement upon thirty (30) days’ written notice. Termination shall not relieve either Party from the provisions in this Agreement that naturally or explicitly survive termination, like the indemnification obligations. The Notice of Termination shall include an offer to participate in mediation.
Within fifteen (15) days of receipt of the Notice of Termination, the receiving Party shall notify the initiating Party in writing whether it elects to participate in mediation. If mediation is accepted, the Parties shall make a good faith effort to schedule and complete mediation within thirty (30) days of the acceptance notice.
If mediation is accepted, the effective date of termination shall be tolled pending completion of the mediation process. If mediation is not accepted within the fifteen (15) day period, or if mediation does not result in a mutual resolution, the Agreement shall terminate thirty (30) days after the initial Notice of Termination.
NOTICES
All notices shall be delivered to:
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Beaches, Parks & Recreation Director and City Clerk The San Clemente Women’s Club
PO Box 3171
San Clemente, CA 92674
ATTN: President/CEO
MISCELLANEOUS
Assignment. SCWGC shall not assign or transfer this Agreement without the prior written consent of the City.
Waiver. Failure of either Party to enforce any provision shall not constitute a waiver of that provision.
Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Authority to Execute. Each signatory represents that they are duly authorized to execute this Agreement on behalf of their respective Party.
Governing Law. SCWGC shall comply with all applicable federal and California laws related to the performance of this Agreement or the solicitation and receipt of donations.
Entire agreement. This Agreement constitutes the entire understanding between the Parties regarding the subject matter and supersedes any previous oral or written understandings.
Amendments. Either Party may request changes to this Agreement. Any modifications to this Agreement must be in writing and signed by authorized representatives. Any changes, modifications, revisions, or amendments to this Agreement, which are mutually agreed upon by and between the Parties to this Agreement, shall be incorporated by written instrument and effective when executed and signed by all parties to the Agreement.
Counterparts/Electronic Signatures. This Agreement may be executed in counterparts, which together shall constitute one and the same agreement. This Agreement may be executed electronically with the same force and effect as original, ink signatures. [End – signature page follows]
WHEREFORE, the Parties execute this Agreement, agreeing to be bound by the above terms and conditions effective as of the date first entered above.
CITY OF SAN CLEMENTE
By:_______________________________
Samantha Wylie, Beaches, Parks & Recreation Director
ATTEST: Dated: __________________, 2026 By: _____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
By: _____________________________
Elizabeth A. Mitchell, City Attorney
SAN CLEMENTE WOMEN’S GOLF CLUB,
a California nonprofit corporation
By:_____________________________
Caryl Prukop, CEO
Dated: __________________, 2026
By:_____________________________
Jayne Guilford, Secretary
Dated: __________________, 2026
MOU_Womens Club (003) (sw rev) 4930-2425-7697 v.1.docx - 2 - Attachment 2