HomeMy WebLinkAboutPR 20511: RENEWAL OF CONTRACT WITH AQUILA GOLF, INC. FOR OPERATION AND MAINTENANCE 4 Ciro of
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INTEROFFICE MEMORANDUM
Date: October 3, 2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Chandra Alpough, Director of Parks and Recreatiot /
RE: Renewal of Contract with Aquila Golf, Inc. for Operation and Maintenance of
Babe Didrikson Zaharias Memorial Golf Course
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
renew the management contract between the City of Port Arthur and Aquila Golf, Inc., for the
operation and maintenance of Babe Didrikson Zaharias Memorial Golf Course.
Background:
Aquila Golf, Inc. has been managing the Babe Didrikson Zaharias Memorial Golf Course since
July 31, 1993. The City of Port Arthur entered into a multi-year management contract with
Aquila Golf, Inc. for the operation and maintenance of the Babe Didrikson Zaharias Memorial
Golf Course pursuant to Resolution 13-557, with an option to renew for an additional five (5)
year period. The current contract will expire on November 1, 2018. Aquila Golf, Inc. has
requested to renew the contract.
Budget Impact:
None
Recommendation:
It is recommended that City Council approve the City Manager to authorize the renewal of the
management contract between the City of Port Arthur and Aquila Golf, Inc., for the operation
and maintenance of Babe Didrikson Zaharias Memorial Golf Course for an additional five(5)
year period.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P. R. # 20511
10/03/2018 ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE RENEWAL OF THE CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND AQUILA GOLF, INC. FOR
THE OPERATION AND MAINTENANCE OF THE BABE DIDRICKSON
ZAHARIAS MEMORIAL GOLF COURSE
WHEREAS, on July 31, 1993, the City of Port Arthur entered into a multi-year
management contract with Aquila Golf, Inc. for the operation and maintenance of the Babe
Didrickson Zaharias Municipal Golf Course pursuant to Resolution 93-138; and,
WHEREAS, the City Council, pursuant to Resolution 13-557; authorized a five (5) year
contract beginning on November 1, 2013 and ending on November 1, 2018, and renewable for an
additional five(5) years; and,
WHEREAS, the City Council approved an Amendment to the contract as it pertains to
resident and nonresident fees for the Babe Didrickson Zaharias Memorial Golf Course pursuant
to Resolution 17-130; and,
WHEREAS, Aquila Golf, Inc., has requested a renewal of the contract, as delineated in
Exhibit"A"; and,
WHEREAS, the City of Port Arthur has been satisfied with the management services of
Aquila Golf, Inc. at the Babe Didrickson Zaharias Memorial Golf Course and desires to renew
the contract for an additional five (5) year period; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager of the City of Port Arthur is hereby
authorized and directed to renew the contract with Aquila Golf, Inc. for the management of Babe
Didrickson Zaharias Memorial Golf Course for a new term contract of five (5) years beginning
on November 1, 2018 and rending on November 1, 2023 as attached hereto as Exhibit"B".
P. R. # 20511
10/03/2018 ca
Section 3. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED THIS day of , A.D., 2018,
at a Regular Meeting of the City Council of the City of Port Arthur,by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Derrick Ford Freeman
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
1 i A.14)
Iii,. , f
Va 1 J no, E.
City Attorne,
APPROVED AS TO ADMINISTRATION:
Harvey Robinson
Interim City Manager
alCald/ta_ i i P
Chandra Alpough, MA,CP ' '
Director of Parks and Recreation
Exhibit "A"
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AQUILA GOLF, INC.
395 NORTH 10TH STREET • BEAUMONT, TEXAS 77702 • (409) 832-GOLF
WWW.AQUILAGOLF.COM
July 19, 2018
Mr. Harvey Robinson
interim City Manager
City of Port Arthur
P.O. Box 1089
Port Arthur, TX 77641-1089
RE: Babe Zaharias Golf Course contract renewal
Dear Mr. Robinson:
Aquila Golf Inc. ("Aquila") contract with the City of Port will terminate on November 1,
2018. As stated in paragraph I. TERMS in our Management Agreement with the City of
Port Arthur,there is an option for Aquila to renew for an additional 5 years "upon mutual
consent of the City and the Manager". Therefore, Aquila is requesting a renewal of its
contract for an additional 5 year term.
Please advise what Aquila Golf can do to help facilitate the renewal, as we are
anticipating several capital expenditures for the continued maintenance and improvement
of the golf course.
Sincerely,
AQUILA GOLF, INC.
By: 4
� � -
George W. Brown. III—President
Cc: t/ s. Chandra Alpough
P.O Box 1089
Port Arthur,TX 77640
Ms. Valecia Tizeno
P.O. Box 1089
Port Arthur, TX 77640
Exhibit "B"
CONTRACT FOR OPERATION AND MAINTENANCE
OF BABE DIDRICKSON ZAHARIAS
MEMORIAL GOLF COURSE
THIS GOLF COURSE FACILITY MANAGEMENT AGREEMENT entered into and
effective the 1st day of November 2013, by and between the CITY OF PORT ARTHUR, a
municipal corporation (hereinafter sometimes referred to as "City"), and AQUILA GOLF,
INC., a Texas Corporation (hereinafter sometimes referred to as "Manager").
WHEREAS, AQUILA GOLF, INC. has been managing the Babe Didrikson Zaharias
Memorial Golf Course since July 31, 1993 as approved by Resolution No. 93-138,
Resolution No. 96-248, Resolution No. 97-161, Resolution No. 02-79, Resolution 03-024
and Resolution 13-557.
WHEREAS, the golf course committee has recommended that a new management
agreement be entered into, and
WHEREAS, AQUILA GOLF, INC. also agrees to remain as the Manager of the golf
course, and
WHEREAS, the CITY OF PORT ARTHUR, TEXAS, is the owner of an eighteen
(18) hole golf course and related facilities, located in the city of Port Arthur, hereinafter
more particularly described, and desires to continue to contract with AQUILA GOLF, INC.,
of Jefferson County, Texas, a Management and Development Company, for the purposes
hereafter set forth;
NOW, THEREFORE, the CITY OF PORT ARTHUR, TEXAS, acting herein by its
City Manager, duly authorized by Resolution of the City Council, and AQUILA GOLF, INC.,
in consideration of the covenants, terms, conditions, and benefits hereof, agree as follows:
I. TERMS.
The term of this Contract is five (5) years beginning on November 01, 2018 and
terminating on November 01, 2023.
II. DESCRIPTION OF AREA.
Such golf course is more particularly described in area and ownership as the BABE
DIDRICKSON ZAHARIAS MEMORIAL GOLF COURSE, being located on that land
described in deeds dated December 27, 1972 and of record in Vol. 1763, page 108 and
Vol. 1963, page 154, of the Jefferson County Deed Records, being located at 3500 Jimmy
Johnson Boulevard. The various improvements and other property of the City which are
included as a part of the golf course are shown on Exhibit "A" attached hereto and made a
part hereof. City warrants it has unencumbered ownership of the real property described
herein.
III. PURPOSE.
Manager shall during the term hereof operate, supervise and maintain said golf
course at its expense, except as otherwise hereinafter set forth. Minimum maintenance
standards are set out in Exhibit "B" attached hereto and made a part hereof. Said course
shall be open for play seven (7) days per week, except for Thanksgiving and Christmas
Day, and other holidays subject to the prior written approval of the City, and such other
times as may be reasonably necessary for maintenance and further subject to rainouts
and the hereinafter set out Force Majeure Clause. Manager shall notify the City within
twenty-four (24) hours when unforeseeable emergencies arise which require closing part
or all of the golf course.
IV. CONCESSION RIGHTS GRANTED.
The golf course property shall be used by the Manager only for the operation of a
golf course, driving range, clubhouse, snack bar for dispensing food and beverages, the
furnishing of golf lessons, a golf shop and related services and facilities, an automobile
parking facility for patrons of the municipal golf course, and related services and facilities.
The property shall not be used for any other purpose than that hereinabove specified
without prior written approval of the City. The only alcoholic beverages which may be sold
on the golf course property is beer and wine and only for golfers and their guests. The
Manager agrees in the use and operation of the premises to comply with all City
Ordinances, State and Federal laws, and respective rules and regulations.
(a) Annual Capital Improvement Plan. To maintain the esthetics standard
required by the City on the premises and so that the appearance of the improvements
thereon will be in harmony, and to provide specific criteria for capital improvement work,
as a condition of this Contract, it is hereby agreed that Manager shall also supervise the
construction of improvements at the facility and Manager agrees to submit to City for
written approval by City before April 31h of each year, plans, specifications, working
drawings and other information (hereinafter called "plan"), as detailed in City's reasonable
discretion, covering the projects to be accomplished during the next Contract year and
City's next fiscal year. If City objects to all or any portion of any such annual plans, it shall
state its objections specifically, and Manager shall make the changes specified and
resubmit said plans as revised for City's approval as herein provided. No improvements or
alteration shall be made on the premises or to any portion thereof without submission of
plans, specifications and contract documents and written approval by the City and all work
performed shall be done in compliance with the bid laws of the State of Texas and of the
City.
(b) Continuing Use of Course. The work on improvements herein provided for
shall be done in a manner which will cause the least inconvenience to the public using the
premises and the operation of the golf course, and in no event shall the golf course be
closed for the work on improvements without the prior written approval of the City.
(c) Bonds. Payment Bonds will be supplied by contractors for improvements on
the golf course if the work is over $25,000 and Performance Bonds will be supplied if the
work is over$100,000.
V. OPERATION OF THE GOLF COURSE.
(a) Services; Operation Plans. Without liability, cost or expense to City and or
the full-term of the Contract, Manager shall maintain and operate the eighteen (18) hole
golf course, golf shop, and the other facilities described herein, and shall offer for sale on
the premises professional golf instruction,- the usual and normal merchandise offered for
sale at other quality golf courses, and the food and beverages and such other services
and sales not prohibited hereby as shall be complimentary and desirable in order to best
serve the golfing public in a manner comparable to other quality golf courses in the
surrounding area.
Immediately upon commencement of the term hereof, Manager shall furnish and
maintain at no expense to City, all fixtures, trade fixtures, equipment, supplies, inventory
and other personal property and items required for the efficient operation of the premises
as herein required. Manager agrees that the premises shall remain equipped and
furnished as herein provided throughout the term hereof, Manager making all repairs and
replacements necessary to comply with this subparagraph.
(b) Fees and Charges; Hours.
(i). Hours. Manager shall operate the golf course and furnish the
services and facilities offered thereon comparable to other quality golf courses. The
golf course and attendant facilities and services shall be open to the public each
day of the year, except as stated in Section III, during at least those hours
normally utilized by golfers for play, which hours are in general deemed to be the
daylight hours.
(ii). Fees and Charges. Manager shall establish, post, and keep current
a comprehensive schedule of all fees, including green fees, for the use of practice
range balls, cart rentals and food and beverage prices which shall be: (1) submitted
to the City and (2) conspicuously posted at all times at the places such fees are
normally paid.
A cash register receipt, showing at least the date issued and amount paid,
shall be issued to every person paying any fee or charge included in gross
receipts. Golfers shall be instructed to keep green fee receipts in their possession
during play.
No parking fees shall be charged for parking on the premises.
The green fees for residents (as evidenced by a voting card or a valid
driver's license) of the CITY OF PORT ARTHUR and charges for other services
shall be proposed by the Manager and approved by the City Council. The Manager
shall be allowed to determine the pricing for non-resident green fees, as well as to
determine the pricing for youth and golf training programs, as well as all other fees.
The residents' fees under this contract are set forth in Exhibit "C", attached hereto
and made a part hereof. Future fee proposals shall be comparable to other quality
golf courses in the surrounding area.
(C) Management and Staff. The management, improvement, maintenance, and
operation of the premises, the facilities and services shall be under the control of persons
familiar with the golf course business and shall be under the immediate supervision and
direction of an on-premise manager.
The Manager shall, at the time of execution of this Contract, provide the City with
the name and qualifications of the person who shall be responsible for the operations of
the golf course and golf shop under this agreement. Should the Director of Golf (Golf
Professional) and/or Operations Manager (Maintenance Superintendent) change,
Manager shall notify City in writing of the name of his replacement, along with his
experience and qualifications. The City retains the right of approval as to whether or not
said replacement is acceptable. The City shall not unreasonably withhold approval.
(d) Promotion of Name. Manager agrees to diligently promote, advertise and
offer to the public all the privileges of the golf course and facilities on the premises. All
such promotion, advertising, and identifying signs shall fairly indicate that the golf course
is a City facility. No name other than "Babe Didrickson Zaharias Memorial Golf Course"
shall be used to identify, advertise and/or promote the golf course and related facilities
activities without prior written City approval.
(e) Municipal Course: Non-Discrimination. Fair and equal use of the premises
and facilities and hiring, treatment and advancement of employees by Manager shall not in
any manner be denied or abridged on the basis of race, color, religion, disabilities,
ancestry, national origin, or in any other arbitrary or discriminatory manner. Manager will
insure that all facilities at the premises shall be operated on a strictly non-discriminatory
public basis at all times.
(f) Clubs. Tournaments and Special Events.
(i) Clubs. Manager agrees to actively pursue formation of responsible
golfers' organizations by users of the golf facility and to consult with them from time
to time.
(ii) Tournaments and Special Events. Manager agrees to diligently
promote and encourage tournaments and to give fair consideration to suggestions
for events calculated to accommodate the public, increase golf play at the course,
and otherwise mutually benefit the parties hereto. The scheduling of, and rules for,
all tournaments shall be determined by the Manager. Fees for tournaments shall be
determined by the Manager.
(g) Food Service: Snack Bar.
(i) It is the intent of the parties that the snack bar area shall be open to
serve the golfing public when the golf course is open.
(ii) Quality. All food and beverages, including beer and wine, sold or
dispensed by Manager shall be of equal quality, preparation and service as at other
quality golf courses in the surrounding area. The City shall have the reasonable
right to disapprove the type and quality of specific foods and beverages sold or
dispensed by Manager. The use of glass containers will not be allowed on the golf
course, but may be allowed in the clubhouse.
(iii) Cleanliness. Without limitation, all dining facilities and adjacent
areas, inside and outside, shall be kept clean and attractive at all times, including
windows, which shall be cleaned as often inside and outside as needed to keep the
area clear and clean.
(iv) Prices. Prices charged for food and beverages shall be comparable
to prices charged for similar items at comparable facilities at other quality golf
courses in the surrounding area.
(h) Equipment. Manager and City herein agree that certain equipment and
personal property described in Exhibit "D", attached hereto and made a part hereof, would
be provided by Manager at its expense and as necessary to uphold the minimum
maintenance standards of Babe Didrickson Zaharias Memorial Golf Course.
VI. CAPITAL IMPROVEMENTS.
The City will maintain a capital Improvement Fund for golf course improvements
and to the extent of funds received by the City from payment under this Contract, City will
invest a minimum of $50,000 annually for capital Improvements as submitted by the
Manager to City for inclusion in City's Annual Capital Improvement Plan.
After the City has provided the aforesaid capital improvements, Manager shall
construct or supervise the construction of said improvements and the maintenance and
repair thereof shall come under the terms of Article VIII of this Contract.
VII. ALTERATIONS.
(a) Alterations: Notice to City. Manager agrees not to make any material and
or/structural alterations, changes, and/or additions to the premises without the prior written
consent of City. Manager agrees to indemnify and save City harmless from all liens,
claims, demands and/or costs (including, without limitation, attorney's fees) arising out of
any alterations, changes and/or additions made by Manager whether or not herein allowed
and Manager agrees not to suffer any such lien or charge to be created.
(b) Title to Structural Improvements. Title to all structural improvements on the
premises, which are approved by City, shall vest in City upon completion thereof and shall
be left in place upon termination of this Contract. Title to trade fixtures, equipment, and
other personal property initially installed or procured by Manager including replacement
thereto if at no expense to City, shall remain with the Manager. Trade fixtures, equipment
and other property that the City has paid for, in whole or in part, shall vest in the City.
VIII. MAINTENANCE AND REPAIRS.
(a) It is the intention of the parties that the funds paid to City by Manager for
the term of this Contract shall constitute a net return to City free of any expenses, charges
or other deductions whatsoever. Accordingly, Manager shall, at its sole cost, keep and
maintain the premises and structures, improvements, fixtures, equipment and utilities
which may now or thereafter exist thereon, in good operable, usable and sanitary order
and repair and in good, safe practices throughout the term of this Contract, making such
repairs as may be required to comply with the requirements of this contract. Ordinary wear
and tear, fire and other casualties are exempted from the maintenance and repair
provisions of this article VIII. If it is mutually agreed by representatives of both the City and
the Manager that the age of and the cost to repair such items or major components in
relation to the replacement costs makes replacement a prudent decision, the City shall pay
for the replacement; provided however, funding is available as determined by the City.
(b) Manager shall take all steps to perfect and keep in force all dealers' and
manufacturers' guarantees and warranties available on all installations made and
equipment used on the premises. Upon termination of this Contract, all of such guarantees
and warranties shall be assigned to the City.
(c) Should Manager, after five (5) days notice from City of the need thereof, fail
to commence and fail with reasonable diligence in performing its obligations required
hereunder, City in addition to all other remedies available hereunder and by law and
equity by its own forces or contractors, may, but shall not be so obliged, enter upon the
premises, and perform Manager's obligations using any equipment or materials on the
premises suitable for such purposes. Manager shall forthwith on demand reimburse City for
its costs plus interest at the rate of ten (10%) percent per annum, but not to exceed the
amount of interest permitted by law.
IX. FAILURE TO MEET MINIMUM MAINTENANCE STANDARDS
If the Manager fails to meet the minimum maintenance standards as shown on
Exhibit "B", the Manager will pay the City the following for each day the standard is not
met:
1. Major Failure - $100.00/day (Material Breach)
2. Minor Failure - $25.00/day
This is in addition to any and all other remedies that the City has under this
contract for noncompliance, which includes termination thereof.
Major failures are: Failure to fertilize greens, tee boxes or fairways, failure to
maintain weed control on the tees, fairways or greens, failure to maintain the required
mowing schedule on tees, fairways or greens, except when failure cannot be cured due to
weather condition, or failure to maintain the facility to an equal level of similar municipal
golf courses in the area. Manager should notify and have City acknowledge and agree if
additional time beyond the thirty (30) days provided in Article XVIII may be necessary to
cure a material breach.
Minor failures are: Any other minimum maintenance standard not listed above as a
Major failure.
Manager shall meet with City to discuss proposed corrections to Major and Minor
failures and incorporate corrective action into the Annual Capital Improvement Plan, if
necessary, and to the extent funds are available.
X. PAYMENT.
The Manager agrees to pay to the City the percentage payment fee as described
hereafter.
(a) Percentage Payment. When annual gross receipts collected for green
fees, cart fees, and annual fees exceed $500,000 during any contract year, the Manager
shall also pay to the CITY OF PORT ARTHUR 5% of green fees, cart fees and annual
fees in excess of$500,000.
(i) Monthly Statements. On or before the fifteenth (15th) day of each
calendar month, throughout the term of the Contract, Manager shall deliver to City
a written statement certified as correct by Manager, of the amount of Manager's
gross receipts during the preceding calendar month.
(ii) Annual Statement; Percentage Payment. On or before sixty (60)
days following the end of each contract year and on the sixtieth (60th) day following
the last day of the term of the Agreement, Manager shall deliver to City a statement
signed by a responsible accounting representative or Manager setting forth in
reasonable detail on a contract year basis the information required to be furnished
in the monthly statements for the preceding contract year. The Manager shall also
continue to use the same or similar accounting practices as has been previously
approved or accepted by the City's Director of Finance, to determine the amount to
be paid as percentage payments.
(b) Records. Manager shall with respect to business done on premises, keep
true and accurate accounts, records, books and dates (hereinafter called "records"), in
form satisfactory to City, which shall among other things, contain a breakdown of gross
receipts attributable from the premises. Accurate receipt printing cash registers shall be
installed and kept by Manager on the premises, which shall show and record each and
every charge or sales made and service performed on or from the premises, such receipts
to provide for and show the original holding and computing and totaling of the daily sales
made and services performed and the daily gross receipts of the business done on the
premises by Manager. In lieu of an independent auditor's certification at Manager's
expense of its annual statements, Manager shall maintain all of its financial records
current (using accepted accounting principles) and in a condition and location as
necessary as determined by City to allow City easy access to and evaluation of Manager's
financial records.
(c) Inspection of Records: Audit. City shall be entitled, at any time throughout
the term and for four (4) years thereafter, to question the accuracy of any statement
furnished by Manager hereunder. For such purpose Manager shall keep safe and intact
for at least four (4) years after the end of each contract year all of Manager's records,
sales slips, and other material Manager is required to maintain hereunder with respect to
gross receipts. Manager shall upon request make the same available for examination at
any reasonable time for four (4) years after the end of the contract year to which such
records relate. Manager hereby agrees that City, its employees, agents and
representatives, at all reasonable times, shall have the right to inspect and examine all
such records, sales slips and other material by which the City may be enabled to ascertain
the amount of Manager's gross receipts hereunder. Manager agrees to furnish City true
and complete copies of its quarterly retail sales and use tax returns at the time such is
filed with the State of Texas relative to its operations at Babe Didrickson Zaharias
Memorial Golf Course. Upon written request by City, Manager agrees to furnish City with a
copy of all records and materials as soon as possible, but always within forty-eight (48)
hours. City will pay the reasonable cost of reproducing same except that Manager shall
provide a copy of its monthly financial statement to City without cost to City.
City may, once in any contract year, and once after expiration of that term, cause
an audit of Manager's business conducted from the premises to be made by a certified
public accountant of City's selection, and if the statements of gross receipts previously
made for any contract year shall be found to be less by two (2%) percent or more than the
amount of Manager's gross receipts shown by such audit, Manager shall immediately pay
the cost of such audit together with any other sums shown thereby to be due City.
Otherwise, the cost of such audit shall be paid by City.
(d) Payment. All amounts required to be paid to City under the terms of the
Contract shall be made in lawful money of the United States at City Hall, 444 4th Street,
Port Arthur, Texas, or at such other place or places as may from time to time be
designated by City by written notice given to Manager.
(e) Percentage Payment during Default. For the purpose of computing
percentage payment, the gross receipts for any time when Manager does not continuously
and uninterruptedly conduct its business - as required herein shall be deemed to be the
greater of the gross receipts from the premises: (i) during such period, or (ii) during the
corresponding period of the preceding contract year.
XI. LIENS.
Manager shall keep the premises and any improvements thereon free from any arid
all liens arising out of any work performed, materials furnished, or obligations incurred by
the Manager, its employees, agents and contractors, and the Manager agrees to
reimburse the City for any attorneys fees incurred in defense of proceedings to enforce or
foreclose such liens.
XII. UTILITIES, ETC.
(a) Utilities. City shall not be responsible for any utilities except where
expressly provided for herein. All electricity consumed on the premises shall be obtained
by and paid for by Manager. Provided, however, it shall be the shared responsibility of the
City and Manager to pay for electric utility service for the drainage pump stations No.1 and
No.2. The allocation of responsibility shall be one-half (1/2) to Manager and one-half (1/2)
to City, and this allocation is mutually agreed to herein.
(b) Trash. The prompt, efficient collection and disposal of trash, clippings and
refuse is essential to the proper maintenance of a golf course, and Manager shall be
responsible for such collection and disposal from the premises at its own expense and in
accordance with applicable laws and ordinances. Manager shall not pile or store (except
temporarily awaiting prompt collection in service areas out of public view and approved by
City) clippings, trimmings, cans, cartons, barrels, used equipment, scrap or other similar
debris on or about the premises, or suffer the same to occur. Trashcans at locations on
the golf course shall also be emptied daily.
(c) Water. Manager is responsible for the payment for all water necessary for
the improvement, operation, and maintenance of the premises, except that all irrigation
water necessary for use on the golf course will be supplied in sufficient quantity and quality
to meet the basic standards of the contract by City from whatever sources the City selects
at no cost or expense to Manager. Manager is presently and will, at its cost so long as the
water is suitable for golf course purposes, pump water from the DD7 Main "B" Canal. If
this water is not reasonably suitable for use, it will be considered a condition of "force
majeure".
XIII. SIGNS.
Manager shall not permit, allow, or cause to be erected, installed, maintained,
painted, displayed and/or used on, in, or at the premises or any part thereof any exterior or
interior sign whatsoever or advertising devices other than tee box signs, bench advertising
or other devices not detrimental to the golf course without prior written consent of the City,
which consent shall be in City's sole discretion and strictly in accordance with applicable
City ordinances.
XIV. INDEMNIFICATION.
This Contract is made upon the express condition that Manager agrees to hold City
harmless from all liability, penalties, losses, damages, costs, expenses, cause of action,
claims and/or judgments arising by reason of any injury or damage to any person or
persons, including without limitation, the public, golfers, Manager, its servants, agents and
employees, or property of any kind whatsoever and to whomever belonging, including
without limitation, the public, golfers, Manager, its servants, agents and employees or
property of any kind whatsoever and to whomever belonging, including, without limitation,
the public, golfers, Manager, its servants, agents, and employees arising out of Manager
or Manager's servants', agents' or employees' negligent acts or omissions. Manager
hereby covenants and agrees to indemnify, protect and save City harmless from all
liability, loss, costs, attorney fees, and obligations on account of the foregoing, except as
may result from the negligence of City or its officers, agents or employees.
XV. INSURANCE.
(a) Liability. Manager shall, throughout the term hereof, at its own cost and
expense, procure and maintain in full force and effect comprehensive public liability and
property damage insurance insuring Manager, City, and their respective directors, officers,
agents and employees against loss, damage or liability for personal injury, death or
damage to property resulting from any cause whatsoever, including without limitation the
acts and/or omissions of the insured parties incident to the use of or resulting from an
occurrence on or about the premises or from the sale of alcoholic beverages, with
minimum limits of liability of $500,000 for personal injury to or death of one person, and
$1,000,000 for personal injury to or death of two or more persons in each occurrence or
event, and in a minimum amount of $100,000 for damage to property resulting from each
occurrence or event.
(b) Other Matters. Manager agrees that all of the insurance required under this
Article XV shall be in form and with companies authorized to do business in the State of
Texas; shall provide that it shall not be subject to cancellation or change except after at
least thirty (30) days prior written notice to City; and the policies or duly executed
certificates thereof, together with satisfactory evidence of the payment of the premiums
thereon shall be deposited with City upon commencement of the term hereof, and upon
renewal of such policies, not less than thirty (30) days prior to the expiration of the term of
such coverage. Should Manager fail to effect, maintain or renew any kind of insurance
herein required of Manager in the required amount, or to pay the premium thereon or
deposit with City the certificates thereof, as hereinabove provided, then in any said events
City, at City's option but without obligation so to do may procure such insurance and any
sums expended by City for such insurance shall be repaid by Manager to City forthwith.
Manager hereby agrees that any policies herein required shall be primary policies of
insurance and shall not be so-called blanket policies.
As circumstances change during the term hereof, City may from time to time
require reasonable revisions and changes in the forgoing insurance requirements and
Manager agrees to comply therewith such requirements. City agrees to offset any costs of
these insurance requirements against any- sums and monies Manager owes to City under
this Contract.
(c) City's Responsibility. City agrees to carry casualty insurance on the
buildings and structures on the golf course and in case of destruction of such
improvements the City agrees to rebuild if the City deems it necessary and feasible.
XVI. WORKMEN'S COMPENSATION, SOCIAL SECURITY, ETC.
Manager shall acquire and maintain in full force throughout the term Workmen's
Compensation Insurance for all its employees and Unemployment Compensation
Insurance to the extent necessary for Manager's operations upon the premises. All policies
under this Paragraph shall be written by companies satisfactory to City and contain
provisions that written notice of cancellation or change in the policies shall be delivered to
City at least thirty (30) days prior to the effective date of the same. Upon commencement
of the term of this Contract hereof, Manager shall furnish the City with a certificate showing
such insurance to be in full effect.
XVII. INSPECTION OF PREMISES AND IMPROVEMENT.
Manager shall permit the agents, employees or appointees of City to enter in and
upon the premises at all reasonable times for the purpose of inspecting the same.
XVIII. DEFAULT.
(a) Event of Default Defined. Each of the following shall be deemed an event of
default:
(i) If Manager, after written notice, shall default in the payment of fees
or any other sums due under this Contract for fifteen (15) days;
(ii) If Manager, within thirty (30) days after written notice fails to cure a
material breach in the performance or observance of any other term, covenant or
condition of this Contract, however if such default or omission complained of shall
be of such a nature that the same cannot be completely cured or remedied within
said thirty (30) day period, event of default shall occur if Manager does not with
reasonable diligence and in good faith proceed to remedy or cure such default;
(iii) Abandonment or vacation of the premises;
(a) a voluntary or involuntary petition in bankruptcy, or for
reorganization, or for an arrangement by or against Manager;
(b) adjudication of, Manager as a bankrupt or insolvent or
insolvency in the bankruptcy or equity sense;
(c) a petition or other proceeding by or against Manager for, or
the appointment of, a trustee, receiver, guardian, conservator, or liquidator
of Manager with respect to all or substantially all of its property, except a
receiver appointed at the instance or request of City;
(d) a petition or other proceeding by or against Manager for its
dissolution or liquidation, or the taking of possession of the property of
Manager by any government authority in connection with dissolution or
liquidation;
(e) the taking by any person of the Contract created hereby or
any part thereof upon execution, attachment, or other process of law or
equity, if caused by act of Manager.
(b) City's Remedies. Upon the occurrence of any event of default, City may, at
its option, without any further. demand or notice, in addition to any other remedy or right
given hereunder or by law, with our without terminating this Contract, re-enter the
premises or any part thereof, either with or without process of law, and eject, expel,
remove and put out Manager or any person or persons occupying the premises and
remove all personal property, trade fixtures, fixtures and equipment, therefrom, using such
force as may be necessary to again repossess and enjoy said premises as before this
demise, without prejudice to any remedy which might otherwise be used for arrears of
payment or preceding breach or covenant or condition, and without liability to any person
for damages sustained by reason of such removal. No such re-entry or taking of
possession of the premises by City shall be construed as taking of possession of the
premises by City shall be construed as an election on its part to terminate this Contract
unless a written notice of such intention be given Manager, said notice being given as
provided herein. City may likewise, at City's option, but at the cost of Manager and in
addition to any other remedies which 'City may have upon such default or failure or
neglect and without notice to Manager, petition a District Court in Jefferson County, Texas,
for and be entitled as matter of right to the appointment of a Receiver and said Court may
appoint such Receiver and vest in him such powers and authority as may be necessary or
proper to fully protect all the rights herein granted or reserved to City.
City may likewise, at City's option and in addition to any other remedies which City
may have upon such default, failure or neglect, let and relet the said premises in whole or
in part, at such payment and upon such terms and for such length of time, whether less or
greater that the unexpired portion of the term of this Contract, as City may see fit, and
Manager shall be liable for any deficiency between the payments so procured by City for
the period of said letting or reletting (including the cost of any such alterations or other
changes), and the payment herein reserved for a period identical with the term of said
letting, or reletting, and City may institute action for the whole of such deficiency
immediately upon effecting any letting or reletting, and City may institute action for the
whole of such deficiency immediately upon effecting any letting or reletting and shall not
thereafter be precluded from further like action in the event such letting or reletting shall
not embrace the whole unexpired portion of term hereof, or City may monthly, or at such
greater intervals as it may see fit, exact payment of said deficiency then existing until City
from time to time when called upon by City so to do, and should this Contract not be
terminated, City may, notwithstanding such letting or reletting, at any time thereafter elect
to terminate it; or should this Contract, prior to the expiration of the term hereof, be
terminated by City by reason of any breach hereof by Manager, City shall thereupon, at its
option, be entitled to recover from Manager the worth at the time of such termination of the
excess, if any, of the amount of payment and charges equivalent to payment reserved in
this contract for the balance of the term hereof, over the then reasonable value of the
premises for said period. Any payment and/or other sums not paid when due as herein
provided shall bear interest from the date due at the rate of ten (10%) percent per annum
but not to exceed the amount of interest permitted by law until paid.
The term "let and relet" as used herein shall not be construed to indicate a
landlord/tenant relationship, and the parties expressly deny the intent to create a
landlord/tenant relationship by this Agreement.
XIX. NONWAIVER OF DEFAULTS.
The waiver by City of any breach by Manager of any term, covenant or condition
hereof shall not operate as a waiver of any subsequent breach of the same or of any term;
covenant or condition.
The waiver by Manager of any breach by City of any term, covenant or condition
hereof shall not operate as a waiver of any subsequent breach of the same or of any other
term; covenant or condition.
XX. ASSIGNMENT AND SUBLETING.
Manager shall not sublet the premises (or any part thereof) or assign this Contract
or any interest herein, or permit any concessionaire or third party to conduct any portion of
Manager's operation on the premises, without prior written consent of City for each and
every subcontract, sublessee, assignment or assignee.
XXI. TERMINATION.
The parties may terminate this Contract by mutual agreement at any time. Unless
the parties agree to shorter time, the termination date shall be six (6) months after the
execution of any agreement to terminate. Terms and conditions may be included in such
agreement.
The City may terminate this agreement with fifteen (15) days notice if there is a
material breach in the payment of fees to the CITY OF PORT ARTHUR by the Manager.
The City may terminate this agreement with thirty (30) days notice if there is any other
material breach.
XXII. NOTICES.
All notices to be given hereunder shall be in writing and shall be deemed given
when deposited in the United States mail, postage prepaid, certified return receipt
requested, or registered, addressed as follows or to such other address as from time to
time may be designated by a party by written notice to the other party:
TO: City CITY OF PORT ARTHUR
ATTN: City Manager
Post Office Box 1089
Port Arthur, Texas 77641
TO: Manager AQUILA GOLF, INC.
ATTN: Mr. George Brown, III
President
395 N. Tenth Street
Beaumont, Texas 77702
XXIII. WAIVER OF CLAIMS.
Manager hereby waives any claim against City and its officers, agents or
employees, for damage or loss caused by any suit or proceedings directly or indirectly
attacking the validity of this Contract, or any part thereof, or by and judgment or award in
any suit or proceeding declaring this Contract null, void or voidable, or delaying the same,
or any part thereof, from being carried out.
XXIV. DEFINITIONS.
The following terms as used in this Contract are respectively defined as follows:
(a) "Comparable to other quality golf courses in the surrounding area" or "The
standard of service provided shall be equal to other quality golf courses in the surrounding
area" or"equal level with similar quality golf courses in the area".
(b) "City's approval, consent and review" refers to the City Manager or his
designee unless such approval, consent or review is expressly required by this contract to
be given or performed by another specific entity or person.
(c) "Manager" refers to AQUILA GOLF, INC., a management development
company.
XXV. HIRING.
The Manager shall use its best efforts to hire Port Arthur residents when positions for the
operation and maintenance of the golf course become open.
XXVI. FORCE MAJEURE CLAUSE
Neither Manager nor City shall be required to perform any term, condition, or covenant in this
Contract so long as such performance is delayed or prevented by force majeure, which shall mean
acts of God, strikes, lockouts, material or labor restrictions by any materials, civil riot, floods, failure of
power, unavailability of suitable irrigation water, fire or other casualty and any other cause of a similar
nature not reasonably within the control of Manager or City.
XXVII. HAZARDOUS MATERIALS.
On and after the effective date of this Agreement, Manager and City shall not use
or permit on the property or any part thereof to be used to generate, manufacture, refine,
transport, treat, store, handle, dispose, transfer, produce or process any hazardous
materials, except in strict compliance with all applicable Environmental Regulations, nor
sail Manager or City cause or permit, as result of any intentional or unintentional act or
omission on the part of Manager or City or any tenant or subtenant on the property, a
release of any hazardous materials onto the property or onto any other property. Manager
shall comply, and ensure compliance by all tenants and subtenants, with all applicable
Environmental Regulations, and shall obtain and comply, and ensure that all tenants and
subtenants obtain and comply, with any and all approvals, registrations or permits required
thereunder.
For purposes of this section, "hazardous materials" shall be deemed to include,
without limitation, petroleum, asbestos, any flammable explosives, radioactive materials,
hazardous materials, hazardous wastes, hazardous or toxic substances, or related
materials as defined in the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, et seg., the Resource Conservation and Recovery Act, as amended
(42 U.S.C. Section 6901, et seg.), and in the regulations adopted and publications
promulgated pursuant thereto, or as defined in the other Environmental Regulations.
Notwithstanding anything herein, the Manager shall not be liable if hazardous
material or pollution originates from a source other than the parties to this Contract under
their obligations hereunder, however, it is expressly agreed, promised and covenanted
between the parties that the parties will cooperate fully in any and all actions, including
litigation, to recover their respective damages against such third parties.
XXVIII. ENTIRE AGREEMENT.
This agreement contains the binding agreements between the parties and
supersedes all other agreements and representations, written or oral, on the subject
matter of this agreement, including any statements in referenced exhibits or attachments
that may be in conflict with statements in this agreement.
XXIX. GOVERNING LAW.
It is agreed that this agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Texas.
XXX. VENUE-JEFFERSON CITY.
Venue of all causes of action shall be in Jefferson County.
XXXI. MODIFICATION OF AGREEMENT.
Any modification of this agreement or additional obligation assumed by either party
in connection with this agreement shall be binding only if evidenced in writing signed by
each party or an authorized representative.
XXXII. EFFECT OF PARTIAL INVALIDITY.
The invalidity of any portion of this agreement will not and shall not be deemed to
affect the validity of any other provision. In the event that any provision of this agreement is
held to be invalid, the parties agree that the remaining provisions shall be deemed to be in
full force and effect as if they have been executed by both parties subsequent to the
expungement of the invalid provision. Nevertheless, the payment of the management fees
and the maintenance of the course are essential provisions of this agreement.
SIGNED and AGREED to on this the day of , 2018.
AQUILA GOLF, INC.
BY:
SIGNED and AGREED to on this the day of , 2018.
CITY OF PORT ARTHUR
BY:
ATTEST:
CITY SECRETARY
EXHIBIT "A"
TO THE CONTRACT
IMPROVEMENTS AND OTHER PROPERTY OF THE CITY WHICH ARE INCLUDED AS A
PART OF THE GOLF COURSE
1. Club House
a. Approx. 2,400 sq. ft. Building
b. Composite Shingle Roofing
c. Plumbing
d. Men's & Women's Restrooms with all Pertinent Fixtures
e. 110/220 Single Phase Electrical System
f. Heating and Air-Conditioning System
g. Burglar and Fire Alarms
h. Carpet and Tile Flooring
i. Hot Water Heater
j. Drinking Fountains
2. Cart Storage Barn
a. Approx. 3200 sq. ft. Building
b. Wood Shingle Roofing
c. 110/220 Single Phase Electrical System with Outlets for 60 Cart Chargers
3. Maintenance Facility
a. Approx. 3,100 sq. ft. Building
b. Wood Shingle Roofing
c. 11./220 Single Phase Electrical System
d. Five Overhead Doors (two-car garage size)
e. Restroom with Pertinent Fixtures
f. Asphalt Paving
4. Irrigation Pump Station
a. Approx. 200 sq. ft. Pump-House
b. Composite Shingle Roofing
c. 72" cmp Wet Well and Concrete Foundation
d. 480 Volt Three Phase power
e. Step Down Transformer to 110/220 Single Phase
f. 110 Volt Outlets, Lighting, and Exhaust Fan
g. One P.S.L. 3 VT Skid Mounted Pump Station
1. Three Panel P.S.I. Electrical Control System
2. Pertinent Piping and Manifold
3. Two 50 hp electric motors
4. One 25 hp electric motors
5. One 15 hp electric motors
6. Three vertical turbine pumps —total maximum output— 1000 g.p.m.
5. Drainage Pump-station #1
a. Approx. 160 sq. ft. Pump-House
b. Composite Shingle Roofing, with Plexi-Glass Skylights
c. Concrete Foundation, Two 7' by 9' Wet Wells and Masonry Block Sub-grade Walls
d. 480 Volt Three Phase Power
e. Step Down Transformer to 110/220 Single Phase
f. 110 Volt Outlets and Lighting
g. Two 100 hp Electric Motors
h. Two Identical MODEL #30 Single Stage Water Lubricated Patented Packing-Less
LO-LIFT Propeller Pumps, with Model #3024 Pump Bowls and 23.125" Manganese-
Bronze Propeller at a 0.80 Pitch Angle.
6. Drainage Pump- Station #2
a. Approx. 160 sq. ft. Pump-House
b. Corrugated Fiberglass Roofing
c. Concrete Foundation, Two 7' by 9' Wet Wells and Masonry Block Sub-Grade Walls
d. 480 Volt Three Phase Power
e. Step Down Transformer to 110/220 Single Phase
f. 110 Volt Outlets and Lighting
g. Two 125 hp Electric Motors
h. Two Identical MODEL#36 Single Stage Water Lubricated Patented Packing-Less
LO-LIFT Propeller Pumps, with Model #3626 Pump Bowls and BZ— 26 Manganese-
Bronze Propeller at a 1.0 Pitch Angle.
7. Sprinkler Irrigation Distribution System
a. Approx. 220,000 I.f. of PVC Piping as Follows:
1. 8" — 6001.f.
2. 6" — 2,1001.f.
3. 4" — 6,6301.f.
4. 3" — 13,1001.f.
5. 21/2" — 5.0001.f.
6. 2" — 13,7001.f.
7. 1" — 3001.f.
b. 342 Toro 690 Hydraulic Pop-Up Rotary Sprinkler Heads
c. Gate Valves, Steel Sleeving and Assorted Fixtures
8. Sprinkler Irrigation Control System
a. TORO OSMAC Radio Control System
b. 13 Control Boxes
c. Direct Burial Electrical Wiring
d. Hydraulic Control Tubing
e. TORO TOUCHNET Central Controller
9. Asphalt Paving
10. Four (4) Wooden Tee Shelters with Benches
11. Two (2) Restrooms on Golf Course
12. Patio Cover (shelter) Adjacent to Clubhouse
EXHIBIT "B"
TO THE CONTRACT
MINIMUM MAINTENANCE STANDARDS
Minimum Greens Maintenance
Any reference to greens refers to all greens, including practice areas and nurseries.
if applicable, unless otherwise noted
A. Mowing
1. During the months of March through November (herein after referred to as
the growing season) greens shall be mowed a minimum of five (5) days per
week. Mowing heights should be between 5/32 inch and 7/32 inch during this
period.
2. Greens shall be mowed a minimum of four (4) days per week during the
months of December through February. Mowing height should be between
3/16 inch and 1/4 inch.
B. Change cup locations on all greens at least two (2) times weekly. Cup location
will be moved at least twenty (20') feet from the previous placement. Cups on
practice greens shall be changed a minimum of once per week, during the
growing season and not less than once a week during the winter months and in
either case, more frequently during periods of heavy play.
C. Repair ball marks, or divots, on all greens at least once per week, if play
conditions warrant (i.e. heavy play during extremely wet weather). Any other turf
damage shall be repaired immediately.
D. Greens shall be watered as needed to maintain moisture in the top six (6") inches
of soil. Water shall be applied only as fast as the greens can absorb it. In periods
of excessive heat, syringing may be needed to prevent wilting.
E. Greens shall be aerified a minimum of two (2) times during the growing season.
A coring-type unit, which places holes on two (2") inch centers and a minimum of
two (2") inches deep.
F. Topdress all greens a minimum of four (4) times, once after each coring and
once during overseeding. Topdressing material will be sand or a mix of similar to
that used to construct the greens.
G. Verticutting is required prior to overseeding and additionally during the growing
season, as needed to remove thatch and control graininess.
H. Fertilization —All greens shall be fertilized a minimum of once per month at a
minimum rate of pound to 1 pound per 1,000 square feet of green surface,
using an appropriate fertilizer mix to maintain color, growth and turgidity of the
turf, without allowing excessive or excessively succulent growth. Additionally, a
fertilization program based on annual soil test results should be implemented and
followed, using a proper mix of nitrogen, phosphorous, potash, and/or other
elements, should soil tests indicate. Soil samples shall be taken from each green
in the spring and sent to an appropriate soil testing establishment. Adjustments
to program schedule shall be made annually, as identified from soil tests.
I. Fungicide —All greens shall have preventive fungicide applications and applied
appropriately to control fungal disease activity.
J. Pre-emergent chemicals shall be used in early spring and other appropriate
times to prevent intrusion into the greens of weeds difficult to eradicate, such as
poa anua, goosegrass, crabgrass. etc.
K. Weed Control —All greens shall be maintained free of foreign grasses and
weeds.
L. Insecticide —All greens shall be treated on a preventative and/or curative basis
as needed.
II. Minimum Tees Maintenance
Tees —All Areas Used for Tee Surface
A. Mowing —All tees shall be mowed at a height of 3/8" to 1/2" once per week.
B. Water should be applied to tees in the same manner as greens.
C. Topdressing —All tees shall be topdressed twice during the growing season and
more often on holes where irons are frequently used to tee off.
D. Seeding —All tee areas shall be overseeded at a rate of not less than 10
pounds/1000 square feet from November to April and additionally as necessary
to maintain a suitable level of grass for play. Periodic re-seeding will be needed
to fill in divots and heavy wear areas. Seed used shall be perennial rye grass or
other approved substitute.
E. Setup —Tee markers and all tee equipment shall be moved a minimum of twice
per week and more often during periods of heavy play for proper teeing and
wearing of turf.
F. Weed Control —Tees shall be kept weed free to an extent of not more than four
(4) weedy species per square yard, by the proper application of herbicides.
G. Aerification —All tees shall be aerified twice during the growth season beginning
in March. Aerifying tees in conjunction with greens will facilitate planning and
minimize disruption of play.
H. Fertilization —All tees shall be fertilized once every two (2) months during the
growth season with nitrogen phosphorous, potash and other elements as
identified by annual soil tests to maintain color, growth and turgidity of the turf,
without allowing excessive or excessively succulent growth.
III. Minimum Fairway Maintenance
Fairways —All Areas of Play Except Greens, Tees, and Natural Growth Areas
A. Mowing —All fairways shall be mowed twice a week at a height of 1/2" during the
growing season and as needed for the balance of the year.
B. Fertilization —All fairways shall be fertilized twice annually. The first application
shall be in March or April, and the second shall not be later than the last week in
September. Fertilizer mix and application rate shall be determined from annual
soil tests.
C. Weed Control — Fairways shall be kept weed-free to the extent of no more than
an average of four (4) weedy species per square yard, by the proper application
of herbicides.
EXHIBIT "C"
TO THE CONTRACT
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EXHIBIT "D"
TO THE CONTRACT
* Aquila Golf-Available Equipment- For Maintenance of Babe Zaharias Memorial Golf Course
Make/Model Serial Number Location
John Deere 2500 Greensmower TC25000010108 BZ
John Deere 2500 Greensmower TC2500D015218 B2
John Deere 2500 Greensmower TC2500D011068 BZ
John Deere 5105 Tractor LV5105C210011 BZ
Jacobsen Tractor 525145 BZ
John Deere 970 Tractor w/loader M009708120436 BZ
John Deere 1800 Spray Rig TC1800G070171 BZ
John Deere 1200A Bunker Rake TC1200A160773 BZ
Jacobsen 5-Gang Fairway Mower 74670 3225 8Z
Jacobsen 5-Gang Fairway Mower 74670 3226 BZ
Jacobsen 7-Gang Rough Mower 74670 3272 8Z
EZ-GO Workhorse Utility Cart 2657355 BZ
EZ-GO Workhorse Utility Cart 2707678 BZ
Club Car Utility Vehicle AG9837-694130 BZ
Buhler Farm King Mower 2800275 82
Lesco S Gang Rough Mower N/A 82
Modern Bush Hog 5' N/A BZ
8' Utility Trailer N/A 82
Dakota 410 Topdresser 41001404 BZ
Pronovost Dump Trailer N/A 8Z
John0eere 4140 Tractor JD41407823026-5710 BZ
ExMark 60"Zero-Turn Mower EXKAW6567358-113 BZ
John Deere TC125 Turf Sweeper TC012SX030048 BZ
Ryan Sodcutter Jr 97507621 BZ
John Deere Aercore 1500 Aerifier M01500X025124 BZ
Bray Texas Pride Dump Trailer 802322 8Z
Big Tex 24' Float Trailer 14GN 16VGX242962316757 82
Ryan Mataway Thatch Reducer 93522821 BZ
IMD PTO Driven Generator(22-25) 22-250260 BZ
Miller BobCat 225 Generator/Welder LF338136 BZ
Gandy Sweepmaster Turf Brush 490892 8Z