HomeMy WebLinkAboutResolution 06-1995 3 ,
RESOLUTIOH HO. 6-95
RESOLUTION TO LEASE REAL PROPERTY TO PRIVATE PERSON
BE IT RESOLVED by the governing body of the City of Brookinge,
South Dakota, that the City of Brookings intends to enter into a Lease
Mith DAVID SPAULDING for a period of one ( 1) year, commencing Janusry
1, 1995, and ending December 31, 1995, and pertaining to the folloMing
i described property:
The Edgebrook Municipal Golf Couree Clubhouse
The terme of the lease shall be aa provided for in the terma of
the contract for services/leaee agreement.
Passed and approved thia 31at day of January, 1995.
pfc BROOkj�,
� r�°����c�'
. Mayor
A T�ST�R'9 �
m l� .�
�
���� �o.s�°��
Finance Officer
-� �' RESOLUTION NO. �-95
� WHEREAS, the Brookings Par�k and Recr•eation board of the City of
Brookings has decided to lease cer�tain municipally—owned property to a
private per^son for a term exceeding 12� days and for an amo�int
exceeding ��0�. ¢�0 annual value;
NOW, THEREFORE, it is hereby resolved by the Brookings City
Commission, that it is their intent to enter into such lease, and they
hereby fix the 31st day of January, 199�, at �C:30 0� clock, at the City
Commission chambers, Brookings, South Dakota, as the time and place
for public hearing on the adoption of the Resolution authorizing the
execution of such lease, a copy of which proposed lease is on file in
the office of the Brookings Parks, Recreation and Forestry Department
�nd reference is hereby made thereto for contents of the proposed
lease, and notice of said hearing shall be given as required by SDCL
9-12-5. 2.
The property to be leased is described as follows, to wit :
Edgebrook Municipal Golf Course Clubhouse
and the property is to be leased to David Spaulding for a term of one
( 1 ) year, ending December 31, 1995.
Rassed and approved this 17th day of J�nuary, 199�.
Mayor
ATTEST: .
Fin�nce Officer
CQNTftALT FOR SERVICES
AND LEASE AGREEMENT
da of , 1995
This agreement entered into thia Y
by and between the City �f Brookings Parksr Recreation and Poreatry Board,
Brookinge, South aalrota, hereafter referre�e�eafter�refe��edMto$ae the
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Golf Profesaional.
The follawing termE and cand3tiar,� canstitutE a binding agreemer,t
betweer, the above named parties. relative tu the operati�Gr�thehperiod
house and s�pervision of play at EdgeBrook Galf Course,
commencing January 1, 1995 and ending Uecember 31. 1995.
A. The Board agrees to:
1. Lease to the Golf Professional tt,e cluDhause, including all
fur�nishir,gs and rElated facilities at EdgEHruok G�1195Ju{Ue.
far the caler�dar year� of this cc►r,tract--�ar,uery 1.
December 31� 1995.
2. F'ermit tY,e Gc►lf Y-rafessional tc, ��erate a fa�d cor,cee�ion and
pra shop in eaid c1u�Y,ouse ar,d retair, �,ersar,ally all �'�Uvided
therefr•om, as par�tial �►eyment for sErvices r�Endered. �
all price�s charged for cor�cessior,e �hall be suY,�ect tu the
approval af the Soard� upon their r�equest.
3. Permit the Galf Prafes
sional or qualified assistant ta give
�rivate g�lf ir�struction on pr�actice facilitiEs and r�etair,
personelly all profit tr,erefrom.
4. FurnisY, all ut3lities neces�ar�y for� the pruper aperation of
thE clu�riauee, ir,cl�ding telEph
c►r,E end �,u-rglar slarm. ThE
Golf
PrGfeseiar,al ma7� install a pr•ivate b�sinEss phone at
r,is expense if he wishe�. Lang di�tance persanal calls made
by th� Pr�fessional ar, triE city 13ne sY,all be at his/}-ier owr,
expense.
� ar e ui ment and sanitary Eup�illies such a�
11 necess y q P
5.
Furni�h a far
eanEr toilet tissue. peper to�els, soap. etc. used
vacuum cl ,
maintenancE af the clubhouse.
6. Pruvide all turf maintenar,ce c,r, the drivir,g rangE 8rid
prectice gr�een.
7, Pay the Galf Prafessional :
a, 2GX cammission� t�Ef��'e sales te:�. c►r, tY,E �um of ell grEEr,s
fees. �easan tickets ar,d r�er,tel af mc►tor�ized golf car�ts.
b. A lump sum payment for� group instr�uction and league super-
visian� equsl to the amount received by the city for�
registr�ation in these activities, with the ur,derstending
that twa in�tructurs shall ��e ��r�ovided fur classeE with more
than 15 enr�llees.
■
c. 50X cammieEic,r, rrn all dr•iving r•ar,ge end practice gr�een
income. City will �,r�avide 5�750 ennually for purchase of
replacEment range balls� turf maintensnce, plus a tractc►r�
mechanical bell picker and fuel far t►all picking. The
Galf Pr�afessional shall pravide the remainder of renge
balls and lat►ar for supervision and operation.
d. Reimbursement for up to 20 haurs per week tnot to exceed
$6 per hour) for extra help hired to manitor play and/or
act as "marshall" on the caurse.
e. Commission payments will be made by the fifteenth of each
month with the first peyment to be made in May 1995.
B. ThE Golf Prc�fEssiar,al in cansidEratiar, of the aY,ove and foregoing
agreement on the part of the Board agrees to:
1. Manage ar,d operate the cl�bhouse and supervise play et Edge-
Srook Golf Co�rse for the periad between April 1, �994 and
November 1, 1994.
2. Be responsible for all maintenance and cleaning of the clubhouse,
keeping the sux-�rc►unding area clean, and for reporting all damaged
or n�n-functioning equipmer,t� doars. windows or other aompanents
of the building.
3. Open the clubhouse each morning at 7:30 AM and keep seid club-
house open cont3nuously until the last golfer is off the
caurse in the evening, with flexibility permitted early and
late in the season and during inclement weather.
4. Maintain and enforce all rules and regulatians. as established
by the Board, for operation of the golf course, including on-
the-course monitGring and marshalling as needed to facilitate
play.
5. Collect all fees, as established by the Board, from persons
using the golf course, driving range. clubhouse and related
facilities, deposit such collections with the City as directed
and maintain accurate records an a daily baEis.
6. Maintain and operate a concession and pro shop for the sale
of lunches. soft drinks, galf equipment and supplies, and
operate the driving range and practice green.
7. Pey all bills in connectian with the operation af the pro
shop 8� cor�cessions� including licenses. and purchase of an
insurance pc►licy which rrill hold the Board and the City af
Brookings harmless from demages of any kind arising fram or�
or in connEction �ith aperation af said concession snd pro
shop.
8. Observe and camply �ith all state and federal lews and city
ardir,�nc�s cc�ricErr,ir,g th� ap�r•atiar, r�f tt,E alubhousE, pro
shop and cancessions end all other activities related ta
said operatian.
9. Hi-re and pey additional employees as necessary and tae
responsible for all associated payrall expenses; this shall
� include enough help to insure that play and starting ere under
cor,stant surveillance from withir, the clubhauEe t t
a any ime a
separatE star•ter is not on duty. Emplayees shall be identified
by namE tegs wher, on duty.
10. Maintain a cooperative attitude and working relatia�nship with
the Golf Course Superintendent in order to provide for the
best possi�,le meintenance at all times.
il. Cooperate with thE Recreation Super•intendent in providing group
lessons under the City Recreatian program and be responsible
for scheduling and supervisian of league play, including a
detailed financial report to the league prior to and at end of
the season.
12. Wor�k r�itt, the EdgeBrook Golf Association in analy�ing oper-
ation of the cour�se and formulating recammendations to the�
Baard. Attend moritr,iy Boar�d meetings during t�ie golf season.
13. Help argeniaE and fecilitete taurnaments end special Events
as approved by the Soard and/or EdgeBroak Golf Association.
14. Consult r�ith the UirEctor� of Perks and Recreation on questione
concerning interpretatian of policies or regulatior,s. this
agreement� ar other pr�oblems that might arise.
15. Yrovide a Eepar•ate ca�h register• far� cuncessians, ring up
incomE fram all auxiliary ser�vices and prc►vide s monthly
report of such to the city.
16. Provide an er,d of season auditahle fir,ancial statement of
income and expenses encampaseing the total clubhouse auxiliary
services aperation, prior to December ist of each year. The
method of accaunting shall he to the satisfaction of the Board
an forms provided by the City, er,d ehall be substantiated by
appropriate records tinvoices, cr,ecks, time shEets. cash
register tapes, e�tc. ) The financial etatement and records may
�e examined by an independent CErtified Public Accountant ar
P'ublic Accountant at the request and expense of the
Board.
17. Canduct the o��ratian always in a �usinesslike and courteous
mar,n�r�� keEping f�r•emast in mind end priar�ity the eetisfactiar,
of the general pu�lic in �,r�oviding a rElaxing and pleasant
recreatian exper3ence. A prior•ity gaal for 1995 is to imprave
public relations between galfers 8nd clubhouse personnel. With
this in mind, the utmost care and Effart is to be directed
towards hiring af knawledgeable and capable employees, with
special emphasis on attitude and courtesy.
18. In the a�sEnce of the Golf Profes�i�nal all the abave responsi-
hilitie� ar•E t� �e assumed by a qualified adult assistant.
It ie agr�eEd this cor,tract may Y,e ter�minated for• goad and su�ficient
ceuse by either party upon 30 days natice. Such good and sufficient cause
in the view of the city shall include. but not be limited to, the follow-
ing (in accordance �ith suggested PGA guidelines) :
i. Dishonesty detrimental to the best interests of the club.
2. Cor,tinuing inattention or negligence of duties.
3. Suspension from the PGA far more than 3� days.
4. Serious illegal or immoral conduct.
It is furtr,er agreed that this contract shall l�e far a period of one year�
with a performance review by the Park and Recreation Board prior to
June 30th and Navember lst.
This cantract offer is extended to the Golf Professional on .
1995 and iE ta be considered null end void if not signed within 10 calendar
days from date af offering.
Signed this day of , 1995.
Golf Professional Park and Recreation Director
for the
Park, Recreation and ForeEtry Baard