Laserfiche WebLink
NOW, THEREFORE, in consideration of the promises and the respective and mutual <br />agreements contained herein, said parties hereby agree as follows: <br />ARTICLE 1 - DEFINITIONS <br />As used in this Agreement, the following terms shall have the respective meanings <br />indicated below: <br />Agreement means this Management Agreement. <br />Annual Bud e� means the document as described in Section 3.4. <br />Affiliate means any and all corporations, partnerships, trusts, limited liability companies <br />and other entities directly or indirectly controlled by, controlling, or subject to direct or indirect <br />common control of an entity or person. <br />Capital Improvements means any alteration or addition to, or rebuilding or renovation of, <br />the Facility, the cost of which is not charged to property operation and maintenance. <br />Cash Register Bank or Petty Cash Funds, as described in Section 6.1. <br />City means City of Santa Ana, a California Municipality or any successor to City's interest <br />under this Agreement. <br />City Account shall have the meaning described in Section 6.1 of this Agreement. <br />Commencement Date means the date upon which Contractor assumes its obligations under <br />this Agreement to manage and operate the Facility, which date shall be May 1, 2026. <br />Comparable Facilities means other municipal golf course facilities located in Orange <br />County, charging comparable green fees, with a comparable level of maintenance standards and a <br />comparable quality of improvements and amenities. <br />Compensation means the direct salaries and wages paid to or accruing for the benefit of <br />any manager or other employee, together with all fringe benefits payable to or accruing for the <br />benefit of such manager or other employee, including employer's contribution under the Federal <br />Insurance Contributions Act ("FICA"); unemployment compensation, or other employment taxes; <br />pension fund contributions, worker's compensation, group life and accident and health insurance <br />premiums as well as any payments made by Contractor which fall within the deductible amounts <br />of any such policies; retirement; disability; and other similar benefits. <br />CPI means The United States Department of Labor, Bureau of Labor Statistics, Consumer <br />Price Index for all urban consumers (all items for the Los Angeles -Riverside -Orange County <br />metropolitan area on the basis of 1982 - 1984 equals 100). Notwithstanding the foregoing, if the <br />format or components of the CPI are materially changed after the date hereof, then Contractor shall <br />substitute an index which is published by the Bureau of Labor Statistics or similar agency and <br />which is most nearly equivalent to the CPI in effect as of the date hereof. The substitute index <br />-2- <br />