Item 16 - Agreement for River View Golf Course Managment Services

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Operating Inventory means consumable items used in or held in storage for use in the operation of the Facility, including scorecards and cart tickets, driving range balls, professional shop merchandise, food and beverages, paper and plastic ware, fuel, cleaning materials, fertilizers, pesticides, linens, glassware, sanitation supplies and other similar items. Operating means the fiscal year, from July 1st to June 30th, except that (a) the first Operating Year shall be the period beginning on the Commencement Date and ending on the following June 30, 2026, and (b) the last Operating Year shall be the period beginning on July Ist of such year and ending on the Last Operating Day. Other Contractor Facilities means all other golf course facilities within the United States owned, leased and/or operated, directly or indirectly, by Contractor. Premises means a collective term for the Land and Improvements and City's interest in the Land and Improvements, and any greater estate or interest hereafter acquired, together with all entrances, exits, rights of ingress and egress, easements and appurtenances belonging or pertaining to the Premises. Special Consulting Services has the meaning set forth in Section 3.6. ARTICLE 2 - TERM OF AGREEMENT 2.1 Term. The term of this Agreement shall commence on the Effective Date as shown on Page One (1) of this Agreement and shall terminate on June 30, 2031, (the "Initial Term") unless terminated sooner pursuant to Article 8 of this Agreement. The term of this Agreement may be extended for two (2) additional five (5) year terms (each a "Renewal Term") with the extensions to commence upon the expiration of the Initial Term or any Renewal Term, at City's sole discretion (hereinafter the phrases "Initial Term" and "Renewal Term," if any shall be collectively referred to as the "Term"). The City Manager or their designee may extend this Agreement on behalf of City. 2.2 Time of Performance. Time is of the essence in the performance of the Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the Services in a diligent and timely manner may result in termination of the Agreement by City. ARTICLE 3 — SERVICES TO BE PROVIDED BY CONTRACTOR; OPERATING RESPONSIBILITIES 3.1 Goal of Agreement. It is the intent and goal of City that the Facility be operated in a professional, efficient and productive manner that shall provide for the highest quality of experience for Invitees of the Facility as found in the best comparable municipally -owned golf courses, achieve the desired results of an effective maintenance program of the golf course and Facility, provide for more diversified uses of the Facility that would generate additional income (such as tournaments and other special events), and achieve or exceed the budgeted results for the Facility. -5-