HomeMy WebLinkAbout2005-306 Contract - Robert Haney Jr.
PERSONAL SERVICES CONTRACT
FOR GOLF PROFESSIONAL SERVICE
AT OAK KNOLL GOLF COURSE
This agreement is made and entered this 15th day of June, 2005, by and between the
Ashland Parks and Recreation Commission ("Commission") and Robert Haney
("Contractor").
Recitals:
A. The City of Ashland, by and through the Commission, is the owner of Oak Knoll
Golf Course ("the course"), which includes the land upon which the course is
located and the buildings and other improvements made on the land. Among the
improvement is a Pro Shop/Club House, further referred to in this agreement as
"the premises" or the "Pro Shop."
B. The services of a Class A PGA Professional in good standing are desired at Oak
Knoll Golf Course so as to operate the Pro Shop and provide golf services at the
course.
C. The Commission wishes to retain Contractor to provide such services.
Commission and Contractor agree as follows:
1. TERM OF AGREEMENT. The term of this agreement shall be for five years
beginning on June 15. This agreement may be extended upon mutual agreement
for and additional term of three years.
2. STATUS OF RELATIONSHIP. Contractor is an independent contractor and not
an agent or employee ofthe Commission. Contractor shall have the complete
responsibility for the performance of this contract. Contractor shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons
employed to perform work pursuant to this contract and prior to commencing any
work, Contractor shall provide Commission with adequate proof of workers'
compensation coverage. Other requirements for insurance required by Contractor
are located at section 7. Contractor is a subject employer that will comply with
ORS 656.017.
3. GENERAL SCOPE OF SERVICE.
3.1 All services rendered by the PGA Pro shall be in accordance with
PGA Code of Ethics. The services covered by this agreement shall
be rendered by or under the supervision of Robert Haney,
Contractor, who is a Class A PGA Pro, and who shall act as the
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Oak Knoll Golf Course - Bob Haney
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representative in all communications or transactions with the
Commission. Contractor will endeavor to honor reasonable specific
requests of Commission with regard to assignment of Contractor's
employees to perform services if the requests are consistent with
sound business and professional practices. The PGA Pro or a
qualified employee shall be present and available at the course
during scheduled league and tournament play, during golfing events
sponsored by the Ashland Parks and Recreation Department and
shall be available during Pro Shop hours to assist the golfing public.
3.2 Contractor shall manage and operate the premises and shall provide
for the operation of the course through the collection of green and
practice range fees, annual memberships, merchandise sales, golf
cart and pull cart rentals, club rentals, repair of golf equipment,
assigning of starting times, marshaling of play on the course,
scheduling tournaments and coordinating activities of the various
golf associations.
3.3 Contractor shall ensure that an appropriate number of competent
personnel are on duty on the premises to serve the public. The
Contractor and staff will be responsible for promoting goodwill with
the golfing public and treating the public in a courteous manner. The
Contractor shall be responsible for supervising their work and shall
pay them for their services at the Contractor's sole cost and expense.
The Contractor shall comply with all pertinent laws, regulations, and
procedures as the employer. Personnel employed by the Contractor
shall not engage in conduct injurious to the interest of the
Commission in having an efficient and successful operation at the
course.
3.4 Contractor shall not conduct any other business or social activity on
the premises, or use the premises for any other purpose without first
having obtained the express written consent of the Commission.
3.5 Contractor shall conform to all applicable laws and regulations of any
public authority affecting this concession and correct at Contractor's
own expense any failure of compliance created through Contractor's
fault or by reason of Contractor's use, but Contractor shall not be
required to make any structural changes to effect such compliance.
Contractor shall comply with all applicable state and local ordinances,
including the City of Ashland Living Wage ordinance.
3.6 Contractor shall not cause or permit any Hazardous Substance to be
spilled, leaked, disposed of, or otherwise released from, on or under
the premises or the course. Contractor may use or otherwise handle
only those Hazardous Substances typically and lawfully used or sold
.
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in the prudent and safe operation the business of a pro shop.
Contractor may store such Hazardous Substances only in quantities
necessary to satisfy Contractor's reasonably anticipated needs.
Contractor shall comply with all Environmental Laws and exercise the
highest degree of care in the use, handling, and storage of Hazardous
Substances and shall take all practicable measures to minimize the
quantity and toxicity of Hazardous Substances used, handled, or
stored on the premises. Upon the expiration or termination of this
Concession, Contractor shall remove all Hazardous Substances from
the premises. The term Environmental Law shall mean any federal,
state, or local statute, regulation, or ordinance or any judicial or other
governmental order pertaining to the protection of health, safety, or
the environment. The term Hazardous Substance shall mean any
hazardous toxic, infectious, ignitable, reactive, corrosive, or
radioactive substance, waste, and material as defined or listed by any
Environmental Law and shall include, without limitation, petroleum
oil and its fractions or derivatives.
3.7 Except as otherwise provided in this agreement, the Contractor shall
have exclusive right on the course and shall be required:
3.7.1 To operate a full service golf shop on the premises
as describes in the follow subsections.
3.7.2 To display, sell, rent, and otherwise supply and sell
to the public golf goods, clothing, merchandise, golf
equipment, power and pull golf carts.
3.7.3 The operate shop services on the premises for the
repair and maintenance of golf clubs and other
golfing equipment.
3.7.4 To give golf instruction to all groups and levels of
public players and make charges therefore. The
Contractor shall submit to the Director of Parks and
Recreation by January 15 of each year a schedule of
fees charged for golf lessons.
3.7.5 To operate a food service/restaurant on the
premIses.
3.7.6 To operate the course in a manner as described in
exhibit B "Phase 1 and Phase 2 Request for
Proposals."
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Oak Knoll Golf Course - Bob Haney
3.8 Cooperation. Contractor shall cooperate with other concession uses at
the course such as the restaurant in the use of common facilities. The
term common facilities means those facilities within and about the
clubhouse where the premises are located and the course for the non-
exclusive use of Contractor in common with other authorized users
and shall include, but not be limited to, sidewalks, planted areas, halls,
stairways, decks, patios, open means of ingress and egress, restrooms,
common reception area, parking areas and other similar areas.
3.8.1 Contractor shall be responsible for the cost of any
repairs to the common facilities for damage caused
by Contractor's negligence or intentional acts.
3.8.2 Contractor and all those having business with
Contractor shall have the right to use and enjoy the
common facilities for their intended purposes in
common with the other concessions and others
having business with them, subject to the terms of
this agreement.
3.8.3 Contractor will comply and cause its customers,
invitees, employees and agents to comply with all
rules adopted by the Commission in connection
with the use of the common facilities and with all
supplements and amendments which the
Commission may adopt. Should any dispute arise
between Contractor and any other concession at the
course concerning the common facilities, the
Commission shall have sole authority to resolve
such disputes and Contractor shall be bound by such
resolution.
4. SPECIFIC SERVICES BY CONTRACTOR. The Contractor shall provide the
following services in the management, operation, and supervision of the Pro
Shop:
4.1 Pro Shop Hours: The Contractor shall keep the Pro Shop open according
to the schedule set by the Commission. The following schedule of Pro
Shop hours is an estimate of hours that the Pro Shop will be opening. The
Pro Shop may be closed if the course is closed due to periods of inclement
weather.
Month
January
February
March
Hours
7:00 a.m. to 4:30 p.m.
7:00 a.m. to 4:30 p.m.
7:30 a.m. to 5:00 p.m.
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April
May
June
July
-August
September
October
November
December
7:30 a.m. to 6:00 p.m.
6:00 a.m. to 8:00 p.m.
6:00 a.m. to 8:30 p.m.
6:45 a.m. to 8:30 p.m.
6:45 a.m. to 8:30 p.m.
7:00 a.m. to 8:00 p.m.
7:30 a.m. to 6:00 p.m.
7:30 a.m. to 4:30 p.m.
7:30 a.m. to 4:30 p.m.
4.2 Staffing Hours: In scheduling work hours the Contractor will ensure that
during the hours of operation of the course that competent staff will be on
duty to assist the golfing public.
4.3 Janitorial Services: The Contractor shall provide for routine maintenance
and janitorial services and supplies for the premises. The janitorial
services shall include but not be limited to: cleaning of windows
(cleanliness inside and outside), other interior furnishings, equipment and
fixtures and maintenance of the public restrooms in the clubhouse.
4.4 Course Responsibilities. The Contractor shall provide adequate staff:
4.4.1 To collect all course and green and range fees; issue
receipts for all fees and promptly transfer all fees to the
Commission according to the procedures established by it.
4.4.2 To schedule starting times for dialing, league, and
tournament play and to act as a starter of play.
4.4.3 For course marshaling of golf play.
4.4.4 For instruction and testing Juniors in the knowledge of golf
rules and courtesies, as well as preparing, planning, and
implementing Junior golfprogram and clinics.
4.4.5 Clean, maintain driving range tee box area and assure
timely retrieval of range balls.
5. TAXES: UTILITIES.
5.1 Property Taxes. Contractor shall pay as due all taxes on its personal
property located on the premises. Contractor shall pay as due all real
property taxes levied against the premises. As used in this section, real
property taxes include any fee or charge relating to the ownership, use, or
occupancy of the premises.
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5.2 Contest of Taxes. Contractor shall be permitted to contest the amount of
any tax or assessment as long as such contest is conducted in a manner
that does not cause any risk that Commission's interest in the premises
will be foreclosed for nonpayment. Commission shall cooperate in any
reasonable manner with such contest by Contractor.
5.3 New Charges or Fees. If a new charge or fee relating to the ownership or
use of the premises or the receipt of fees therefrom or in lieu of property
taxes is assessed or imposed, then, to the extent permitted by law,
Contractor shall pay such charge or fee.
5.4 Payment of Utilities Charges. Contractor shall pay when due all charges
for services and utilities incurred in connection with the use, occupancy,
operation, and maintenance of the premises, including but not limited to
charges for fuel, water, gas, electricity, sewage disposal, power,
refrigeration, air conditioning, telephone, and janitorial services. If any
utility services are provided by or through Commission, charges to
Contractor shall be comparable with prevailing rates for comparable
services. If the charges are not separately metered or stated, Commission
shall apportion the charges on an equitable basis, and Contractor shall pay
its apportioned share on demand.
6. REPAIRS AND MAINTENANCE.
6.1 Commission's Obligations. The following shall be the responsibility of the
Commission.
6.1.1 Repair and maintenance to the exterior of the structure.
6.1.2 Repairs and maintenance to the interior of the structure
from normal use.
6.1.3 Repairs and maintenance to mechanical equipment.
The Commission shall not be responsible for the obligations listed in this section
6.1; however, if repair or maintenance is required because of the negligence or
willful conduct of the Contractor, his agents, employees, invitees, assignees, or
sub-Contractors.
6.2 Contractor's Obligations. The following shall be the responsibility of the
Contractor:
6.2.1 Repair and maintenance for all items associated with Bob's
Golf Shop.
6.2.2 For the servicing ofthe outside grease trap adjacent to the
building.
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6.2.3 For the repair and maintenance of items contained in
Exhibit A (see attached) Restaurant Equipment.
6.2.4 All other repairs to the premises for which Commission is
not required to-perform.
7. INSURANCE. Contractor shall obtain and maintain continuously in effect at all
times during the term of this agreement, at Contractor's sole expense, the
following insurance:
7.1 Comprehensive liability insurance. Contractor shall, at its own expense, at
all times during the term of this agreement, maintain in force a
comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this agreement, blanket contractual
liability, products and completed operations, and owner's and contractor's
protective insurance. The liability under each policy shall be a minimum
of $500,000 per occurrence (combined single limit for bodily injury and
property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage.
7.1.1 Additional insureds. All policies shall include the City of
Ashland and the Commission, their officers, elected
officials, employees, and agents as additional insureds.
7.1.2 Primary insurance. The insurance shall be considered
primary to any other insurance or self-insurance of the City
of Ashland or Commission.
7.1.3 Insurance certificate. A certificate evidencing such
insurance coverage shall be filed with the Commission
prior the effective date of this agreement, and such
certificate shall provide that such insurance coverage may
not be canceled or reduced or changed in any way adverse
to the City of Ashland or Commission without at least 30
days prior written notice to the Commission. The policy
shall be continuous until canceled as stated above. If such
insurance coverage is canceled or changed, Contractor
shall, not later than 15 days prior to the termination or
change in the insurance coverage, file with the Commission
a certificate showing that the required insurance has been
reinstated or provided through another insurance company
or companies. In the event Contractor shall fail to furnish
the Commission with the certificate of insurance required,
Commission may secure the required insurance or self-
insure at the sole cost and expense of Contractor, and
Contractor agreed to reimburse Commission promptly for
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Oak Knoll Golf Course - Bob Haney
the cost, plus ten percent of the cost for Commission
administration.
7.2 Fire Insurance. The Commission shall keep the premises insured or self-
insured at the Commission's-expense against fire and other risks covered
by a standard fire insurance policy with an endorsement for extended
coverage. Contractor shall bear the expense of any insurance insuring the
property of Contractor on the premises against such risks but shall not be
required to insure.
7.3 Waiver of Subrogation. Neither party shall be liable to the other (or to the
other's successors or assigns) for any loss or damage caused by fire or any
of the risks enumerated in a standard fire insurance policy with an
extended coverage endorsement, and in the event of insured loss, neither
party's insurance company shall have a subrogated claim against the other.
This waiver shall be valid only if the insurance policy in question
expressly permits waiver of subrogation or if the insurance company
agrees in writing that such a waiver will not affect coverage under the
policies. Each party agrees to use best efforts to obtain such an agreement
from its insurer if the policy does not expressly permit a waiver of
subrogation.
8. INDEMNIFICATION. Contractor agrees to defend, indemnify and save City, its
officers, employees, and agents harmless from any and all losses, claims, actions,
costs, expenses, judgments, subrogations, or other damage (including loss or
destruction) to property, of whatsoever nature arising out of or incident to the
performance of this agreement by Contractor (including but not limited to
Contractor's employees, agents, and others designated by Contractor to perform
work or services attendant to this agreement). Contractor shall not be held
responsible for damages caused by the negligence of City.
9. DUTIES AND RESPONSIBILITIES OF COMMISSION
9.1 Course Responsibilities. The Commission shall have full complete
responsibility for the year-round maintenance and care of all grounds,
plants, trees, and other flora of any kind and description located on the
course and further to see to the maintenance and care of all parking lots
and maintenance buildings located on the grounds of the Commission.
9.2 Equipment Responsibility. The Commission shall keep in good repair all
power carts owned by the Commission and rented by the Contractor.
9.3 Rules and Regulations. The Commission shall have the authority to, and
the Contractor shall be required to comply with, the following:
9.3.1 Rules and regulations for the operation of the course and
Pro Shop, including but not limited to:
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Oak Knoll Golf Course - Bob Haney
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(a) The minimum number of hours of play
for which the course is to be kept open
each day and each week.
(b) The minimum number of hours the Pro
Shop is kept open each day and each
week.
(c) The amount of all fees, including but
not limited to green fees, range fees,
and power and pull cart rental fees.
9.3.2 Course closures and prevention of power carts on the
course due to inclement weather conditions.
9.4 Commission Representative. The Parks and Recreation Director shall have
the authority to act on behalf of the Commission in the administration and
interpretation of this contract.
10. COMPENSATION.
10.1 The Contractor shall be entitled to the following sums - 18% of all green
and range fees and power cart rental fees generated in a calendar year
(January through December), revenue up to $400,000, 25% thereafter.
Pre-paid annual memberships will be compensated at a constant
percentage of 18% with no increase. Compensation for annual
memberships will be paid when earned; i.e., on the calendar month
following the purchase of an annual membership, and for each
succeeding month for the duration of the membership, one-twelfth
(1112) of the pre-paid annual membership fee will have been earned.
10.2 100% of all income received by the Contractor from golf lessons with
the exception of those programs sponsored by the Ashland Parks and
Recreation Department.
10.3 100% of all income from golf club repairs, golf club rentals, and pull
cart rentals.
10.4 The Contractor will purchase and own all merchandise in the Pro Shop
and receive 100% of all revenues generated from the Pro Shop. The
Contractor will be responsible for all utilities, except for telephone
service, connected with the Pro Shop and for all compensation for staff
for the Pro Shop.
10.5 Contractor shall manage and operate the driving range, collection of
fees, and be entitled to the following sum, 80% of all practice range fees.
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10.6 Contractor shall pay $800 per month for October through March and
$1,000 per month for April through September for use of the
concessions operations.
11 COLLECTION OF FEES BY Contractor
11.1 The Contractor shall cause to be delivered to the Commission on a daily
basis or on a basis as established by the Commission, all monies
collected due and owing to the Commission, or otherwise required to be
transferred to the Commission.
11.2 The Contractor shall follow all record keeping and accounting
procedures established by the Commission for the management and
operation of this concession. The Commission will have the right to
inspect all records maintained by the Contractor.
12. FIDELITY BOND. The Contractor shall continuously maintain at his expense a
blanket fidelity bond covering collection of fees on the premises by the Contractor, or
employees or subcontractors of the Contractor. The bond shall be an amount of
$5,000. Proof ofthe above requirements must be provided to the Commission upon
execution of an agreement.
13.ALTERATIONS PROHffiITIED. Contractor shall make no improvements or
alterations on the premises of any kind without first obtaining Commission's written
consent. All alterations shall be made in a good and workmanlike manner by licenses,
bonded, and insured workers, and in compliance with applicable laws and building
codes. As used in this section, "alterations" include, but are not limited to, the
installation of computer and telecommunications wiring, cables, and conduit. All
improvements and alterations performed on the premises by either Commission or
Contractor shall be the property of Commission when installed unless the applicable
Commission's consent provides otherwise. Improvements and alterations installed by
Contractor shall, at Commission's option, be removed by Contractor and the premises
restored unless the applicable Commission's consent provides otherwise.
14. DAMAGE AND DESTRUCTION.
14.1 Partial Damage. If the premises are partly damaged due to negligence of
the Contractor, its agents, employees, and invitees, it will be the
responsibility of the Contractor to repair all damages to property or
equipment at the expense of the Contractor.
14.2 Destruction. If the premises are destroyed or damaged due to negligence
of the Contractor, its agents, employees, and invitees, it will be the
responsibility of the Contractor to repair all destroyed or damaged
property or equipment at the expense of the Contractor.
15. ASSIGNMENT AND SUBLETTING. The Contractor may sublet the food
service operation with the written approval ofthe Parks and Recreation Director.
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If the Contractor sublets the food service operation, the Contractor is still
responsible for the premises and for all costs associated with the operation of the
premises. Other than food service, no part of this agreement may be assigned, nor
may a right of use or any portion of the premises be conferred on any third person
by any other means, without the prior written consent of Commission. This
provision shall apply to all transfers by operation oflaw.
16. DEFAULT. The following shall be events of default:
16.1 Default in Payments. Failure of Contractor to pay any sum due under
this agreement or any sum collected by Contractor on behalf ofthe
Commission within 10 days after it is due.
16.2 Default in Other Covenants. Failure of Contractor to comply with any
term or condition or fulfill any obligation of this agreement (other than
the obligations specified in section 16.1 within 20 days after written
notice by Commission specifying the nature ofthe default with
reasonable particularity.
16.3 Insolvency. Insolvency of Contractor; an assignment by Contractor for
the benefit of creditors; the filing by Contractor of a voluntary petition in
bankruptcy; an adjudication that Contractor is bankrupt or the
appointment of a receive of the properties of Contractor; the filing of
any involuntary petition of bankruptcy and failure of Contractor to
secure a dismissal of the petition within 30 days after filing; attachment
of or the levying of execution on this agreement and failure of
Contractor to secure discharge of the attachment or release of the levy of
execution within 10 days shall constitute a default. If Contractor consists
of two or more individual entities, the events of default specified in this
section 16.3 shall apply to each individual unless within 10 days after an
event of default occurs, the remaining individuals produce evidence
satisfactory to Commission and in the Commission's sole discretion that
they have unconditionally acquired the interest of the one causing the
default. If this agreement has been assigned in compliance with the
requirements of section 15, the events of default so specified shall apply
only to the assignee then exercising the rights of Contractor under the
agreement.
17. REMEDIES ON DEFAULT.
17.1 Termination. In the event of a default, this agreement may be terminated
at the option of Commission by written notice to Contractor. Whether or
not the agreement is terminated by the election of Commission or
otherwise, Commission shall be entitled to recover damages from
Contractor for the default, and Commission may reenter, take possession
of the premises, and remove any persons or property by legal action or
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by self-help with the use of reasonable force without liability for
damages.
17.2 Award. Following termination, Commission may award this concession
and in that connection may make any suitable alterations or refurbish the
premises, or both, or change the character or use of the premises, but
Commission shall not be required to award for any use or purpose other
than that specified in the agreement or which Commission may
reasonably consider injurious to the premises, or to any Contractor that
Commission may reasonably consider objectionable. Commission may
concession all or part of the premises, alone or in conjunction with other
properties, for a term longer or shorter than the term of this agreement,
upon any reasonable terms and conditions, including the granting of
some form of occupancy for no fee or other fee adjustment.
17.3 Damages. In the event of termination following default, Commission
shall be entitled to recover immediately, without waiting until the due
date of any future fees or until the date fixed for expiration ofthe
agreement term, the following amounts as damages:
17.3.1 The loss of fees from the date of default until a new Contractor
is, or with the exercise of reasonable efforts could have been,
secured and paying out.
17.3.2 The reasonable costs re-awarding the concession including
without limitation the cost of any cleanup, refurbishing,
removal of Contractor's property and fixtures, costs incurred
under section 17.5, or any other expense occasioned by
Contractor's default including but not limited to, any
remodeling or repair costs, attorney fees, court costs, broker
commissions, and advertising costs.
17.3.3 Any excess in fees and all of Contractor's other obligations
under this agreement for the period commencing on the earlier
of the date of trial or the date the concession is re-awarded, and
continuing through the end of the term. The present value of
future amounts will be computed using a discount rate equal to
the prime loan rate of major Oregon banks in effect on the date
of trial.
17.4 Right to Sue More Than Once. Commission may sue periodically to
recover damages during the period corresponding to the remainder of the
agreement term, and no action for damages shall bar a later action for
damages subsequently accruing.
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17.5 Commission's Right to Cure Defaults. If Contractor fails to perform any
obligation under this agreement, Commission shall have the option to do
so after 30 days' written notice to Contractor. All of Commission's
expenditures to correct the default shall be reimbursed by Contractor on
Q~mand with interest at the rate of 12% per annum fromlhe date of
expenditure by Commission. Such action by Commission shall not
waive any other remedies available to Commission because of the
default.
17.6 Remedies Cumulative. The foregoing remedies shall be in addition to
and shall not exclude any other remedy available to Commission under
applicable law.
18. REMOVAL AT EXPIRATION.
18.1 Condition of Premises. Upon expiration of this agreement or earlier
termination on account of default, Contractor shall deliver all keys to
Commission and return the premises in first-class condition and broom
clean. Alterations constructed by Contractor with permission from
Commission shall not be removed or restored to the original condition
unless the terms of permission for the alteration so require. Contractor's
obligations under this section shall be subordinate to the provisions of
section 14 relating to damage or destruction.
18.2 Fixtures. All fixtures placed upon the premises during the term, other
than Contractor's trade fixtures, shall, at Commission's option, become
the property of Commission. If Commission so elects, Contractor shall
remove any or all fixtures that would otherwise remain the property of
Commission, and shall repair any physical damage resulting from the
removal. If Contractor fails to remove such fixtures, Commission may
do so and charge the cost to Contractor with interest at the rate of 12%
per annum from the date of expenditure.
18.3 Prior to expiration or other termination of the agreement term,
Contractor shall remove all furnishings, furniture, and trade fixtures that
remain its property. If Contractor fails to do so, this shall be an
abandonment of the property, and Commission may retain the property
and all rights of Contractor with respect to it shall cease or, by notice in
writing given to Contractor within 20 days after removal was required,
Commission may elect to hold Contractor to its obligation of removal. If
Commission elects to require Contractor to remove, Commission may
effect a removal and place the property in public storage for Contractor's
account. Contractor shall be liable to Commission for the cost of
removal, transportation to storage, and storage, with interest at the rate
of 12% per annum on all such expenses from the date of expenditure by
Commission.
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19. TERMINATION FOR CAUSE. The Commission retains the right to terminate
this contract and remove Contractor from the course and premises in the event
Contractor is convicted of any crime associated with or arising out of the
performance ofG()ntractor's duties under this contract, either prior to or~fter the
execution of this contract.
20. TERMINATION WITHOUT CAUSE-PROBATIONARY PERIOD. A
probationary period of 90 days will be applied to this contract. Contractor will
remain under probation for a period of 90 days after the execution of this contract
and this contract may be terminated by the Commission for any reason and at any
time prior to the 90 day probation period expiring. The Commission is not
required to provide any notice prior to termination of this contract during the
probationary period. If Commission terminates the contract Contractor shall be
paid for all fees earned and costs incurred prior to the termination date. Contractor
shall not be entitled to compensation for lost profits.
21. MISCELLANEOUS.
21.1 Nonwaiver. Waiver by either party of strict performance of any
provision ofthis agreement shall not be a waiver of or prejudice the
party's right to require strict performance of the same provision in the
future or of any other provision.
21.2 Attorney Fees. If suit or action is instituted in connection with any
controversy arising out of this agreement, the prevailing party shall be
entitled to recover in addition to costs such sum as the court may
adjudge reasonable as attorney fees at trial, on petition for review, and
on appeal.
21.3 Notices. Any notice required or permitted under this agreement shall be
given when actually delivered or 48 after deposited in United States mail
as certified mail addressed to the address first given in this agreement or
to such other address as may be specified from time to time by either of
the parties in writing.
21.4 Succession. Subject to the above-stated limitations on transfer of
Contractor's interest, this agreement shall be binding on and inure to the
benefit of the parties and their respective successors and assigns.
21.5 Entry for Inspection. Commission shall have the right to enter upon the
premises at any time to determine Contractor's compliance with this
agreement, to make necessary repairs to the premises, or to show the
premises to any prospective Contractor, and in addition shall have the
right, at any time during the last two months of the term of this
agreement, to place and maintain upon the premises notices for
opportunity for the concession.
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21.6 Interest on Fees and Other Charges. Any fees or other payment required
of Contractor, or sums collected by Contractor on behalf of the
Commission, by this agreement shall, if not paid within 10 days after it
is due, bear interest at the rate of 12% per annum (but not in any event at
a rate greater than the maximum rate of interest permitted by law) from
the due date until paid. In addition, if Contractor fails to pay any fees or
other payment required by this agreement to be paid to the Commission
or to pay sums collected by Contractor on behalf of Commission, within
five days after it is due, Commission may elect to impose a late charge
of five cents per dollar of the overdue payment to reimburse
Commission for the costs of collecting the overdue payment. Contractor
shall pay the late charge upon demand by Commission. Commission
may levy and collect a late charge in addition to all other remedies
available for Contractor's default, and collection of a late charge shall
not waive the breach caused by the late payment.
21.7 Time of Essence. Time is of the essence of the performance of each of
Contractor's obligations under this agreement.
By
By
ASHLAND PARKS COMMISSION
() IL .---"
Don Robertson, Director
City of Ashland
Ashland Parks and Recreation
Golf Professional Services Contract
Oak Knoll Golf Course - Bob Haney
Page 15
Exhibit A
1. Grill and Table Stand
2. Double Glass Door RefrigeratQI
3. Ice Machine and Bin
4. Sandwich Prep Table
5. Sink
6. Holbart Slicer
Golf Professional Services Contract
Oak Knoll Golf Course - Bob Haney
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