HomeMy WebLinkAboutPR 12089:AQUILA GOLF CONTRACTTO
FROM
SUB3ECT
DATE
PUBI 1'C WORKS DEPARTMENT
COUNCI'L ACTION MEMO
Steve Fitzgibbons, City Manager
Leslie E. McMahen, P.E., Director of Public Works
P.R. #12089
February 11, 2003
RECOMMENDATZON
It is recommended that the City Council approve Proposed Resolution No. 12089,
authorizing the Mayor and City Manager to execute a contract between the City of Port
Arthur and Aquila Golf, [nc. of Beaumont, Texas for operation and maintenance of the
Babe Didrickson Zaharias Memorial Golf Course.
BACKGROUND
On .]uly 31, 1993 the City of Port Arthur entered into a multi-year management contract
agreement for the Babe Zaharias Memorial Golf Course with Aquila Golf, Tnc. of
Beaumont, Texas. Aquila has retained the management contract since that date and
has done a good job in bdnging the course up to standards as required by the City.
The current contract term ends on 3anuary 31, 2003. The new contract would be for
five (5) years, with an option to renew it for another five ([5) years.
BUDGETARY/FISCAL EFFECT
The Ob/is required to fund an Annual Improvement Program for the golf course, pay
one-half of electrical costs on the two (2) drainage pump stations, and be responsible
for certain repair/replacement costs.
STAFFtNG/EMPLOYEE EFFECT
None.
SUMMARY
It is recommended that the City Council approve Proposed Resolution No. 12089,
authorizing the Mayor and City Manager to execute a contract between the City of Port
Arthur and Aquila Golf, l~nc. of Beaumont, Texas for operation and maintenance of the
Babe Didrickson Zaharias Memorial Golf Course.
Leslie E. McMahen, P.E.
Director of Public Works
file c:\cams\glfcourseagreement
P,~. NO. 11~089
o2/i1/o3 ~
RESOLUTION NO.
A RESOLUTZON AUTHOR/Z/NG THE CI"TY MANAGER AND MAYOR
TO EXECUTE A CONTRACT BETWEEN THE CI'TY OF PORT ARTHUR
AND AQUILA GOLF~ INC.~ OF BEAUMONT~ TEXAS FOR OPERATION
AND M/L~NTENANCE OF THE BABE D1rDR/CKSON ZAHAR[AS
MEMOR/AL 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
8abe Diddckson Zahadas Memorial Golf Course; and,
WHEREAS, the contract was extended 'by City Council action to February 28,
2003; and,
WHEREAS~ the proposed new contract has been reviewed and revised by the
City Attorney, the Director of Public Works, and Aquila Golf; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR~ TEXAS:
THAT said contract between the City of Port Arthur and Aquila Golf, Inc., being
attached hereto and made a part hereof as Exhibit "A", is in the best interest of the
City; and,
THAT the term of the new contract is for five (5) years, beginning on March 1,
2003 and ending February 28, 2008, and renewable for another five (5) years; and,
THAT the Mayor of the City of Port Arthur be and he is hereby authorized to
execute said contract between the City and Aquila Golf, [nc. in substantially the same
form as Exhibit "A",; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes
P.R. No. 12089
Page #2
of the City Council.
READ, ADOPTED AND APPROVED this the
at a
Ayes:
day of , A.D. 2003
meeting of the City of Port Arthur, Texas by the following vote:
Mayor:
Councilmembers:.
Noes:
Attest:
Mayor
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Hanager (,~
Leslie E. McMahen, P.E.
Director of Pubic Works
ACCEPTED'.
Aquila Golf, ~:nc.
t4anager
EXHIBIT "A"
CONTRACT FOR OPERATION AND MAt'NTENANCE
OF BABE D~'DR~CKSON ZAHARZAS
MEMOR.I[AL GOLF COURSE
THIS GOLF COURSE FACIUTY MANAGEMENT AGREEMENT entered into and
effective the 1`t day of March 2003, by and between the CTI'Y. OF PORT ARTHUR, a
munidpal corporation (bereinaftar sometimes referred to as "Oty'~, and AQUILA GOLF,
INC., a Texas Corporation (hereinafter sometimes referred to as "Manager'S.
WHEREAS, AQUTLA GOLF, [NC. has been managing the Babe Didrickson
Zaharias Memorial Golf Course since'.luly 31, 1993 as approved 'by Resolution No. 93-
138, Resolution No. 96-248, Resolution No. 97-161, Resolution No. 02-79 and
Resolution 03-024.
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, AQUILA GOLF, INC. has requested a credit of six (6) months in rent
for a total amount not to exceed $ 24,996 as a result of overpayments in previous
monthly management fees in the 1993 contract.
WHEREAS, the CI-I-Y 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 .lefferson County, Texas, a Management and Development Company, for the
purposes hereafter set forth;
NOW~ THEREFORE, the CTI'Y OF PORT ARTHUR, TEXAS, acting herein by its
Mayor, duly authorized by Resolution of the City Council, and AC~UTLA GOLF, [NC., in
consideration of the covenants, terms, conditions, and benefits hereof, agree as
follows:
~'. TERMS.
The term of this Contract is five (5) years beginning on March 1.2003
and terminating on February 28. 2008 . with .the option to renew this Management
Agreement for an additional five (5) year term upon mutual consent of the City and the
Manager, which will not be unreasonably withheld by the City.
II. DESCP~PTLON OF AREA.
Such golf course is more particularly described in area and ownership as the
BABE DIDR~CKSON ZAHARL4S MEMORL~,L 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 15~, of the Jefferson County Dccd Records, being located at 3500
.1imray .lohnson Boulevard. The vadous 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 wdtten 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. Hanager shall notify City
within twenty-four (24) hours when unforeseeable emergencies arise which require
closing part or all of the golf course.
IV. CONCESSION R~GHTS 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 faciliUes. 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 th'e use and operaUon of the premises
to comply with all City Ordinances, State and Federal laws, and respective rules and
regulaUons.
(a) Annual C~aoital 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 cdteria 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 fadlity and Manager agrees to
submit to City for written approval by City before Apdl 30~ of each year, plans,
spedfications, working drawings and other-information (hereinafter called "plan'S, as
detailed in City's reasonable discretion, covering the projects to be accomplished dudng
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 do. ne in compliance with
the bid laws of the State of Texas and of the City.
(b) Continuina 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 dosed for the work on improvements without the prior wdtten 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. OPERA'r~ON OF THE GOLF COURSE.
(a) Services: OPeration Plans. Without liability, cost or expense to City and for
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 Charoes: 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 ~[]~, during at least those hours normally
utilized by golfers for play, which hours are in general deemed to be the daylight
hours.
(ii). ~ 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 Ct-fY OF PORT ARTHUR and charges for other services shall be proposed
by .the Manager and approved by the City Coundl. The Manager shall be allowed to
determine the pricing for noR-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
through February 28, 200~I 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 curses in the surrounding area.
(c) M~n~qement and Staff. The management, improvement, maintenance, and
operaUon of the premises, the facilitie~ 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 Hanager (Maintenance Superintendent) change,
Manager Shall n(~tify 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 Memodal 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.
(0 Clubs, Tournaments and Soecial 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 Soecial 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) OualiW. 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 dght 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 aLLrdctive at all times, including windows,
which shall be cleaned as ot~en inside and outside as needed to keep bhe 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) Eauinment. 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.
V/. ~:APTTAL 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 VZII of this Contract.
Vl/. ALTERA'r[ONS.
(a) Alterations: Noticeto Citv. Manager agrees not to make any material and
or/structural alterations, changes, and/or additions to the premises without the pdor
wdtten 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)
adsing 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 Conb3ct. 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 fktures, 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 mis Conb3ct 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 a good,' safe practices throughout the term of this
Contract, making such repairs as may be required to comply with the requirements of
this contract. 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 out of the Capital Improvement Fund referenced in Paragraph
VL if funds are available.
(b) Cost of repairs to electric motors and pumps in drainage pump station No.1
shall be allocated on the basis of 29.7% to Manager and 70.3% to City, and the same
repairs in drainage pump station No. 2 shall be allocated on the basis of 38.5% to
Manager and 61.5% to City.
· (c) 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.
(d) Should Manager, after five (5) days notice from City of the need thereof, fail
to commence and fail with reasonable diligence in performing its obliga.tions 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 reimbume
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.
[f 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. Ma]or Failure -. $100.00/day (Material Brea.ch)
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 XV[!! 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 corr~ctive 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 base annual fee of $50,000 per year
and the percentage payment fee as described hereafter.
(a) .B~ Annual Payment. Manager agrees to annual payments in the sum of
$50,000 per.year dudng the five (5) years of this Contract and dudng any renewable
term, without any deduction, offset, prior notice or demand, which sum shall be
payable in advance as set forth below except as herein provided:
$4,167.00 of the base annual payment shall'be paid to the City, in advance, on the first
(1st) day of each and every month dudng the term' and any renewable term of this
agreement. After application of the credit of $ 24,996 as denoted in the preamble for
the period of March 1, 2003 to August 31, 2003 and in consideraUon of the City
executing this Contract, Manager agrees to begin paying City the sum' of $4,167.00 on
September 1, 2003 and monthly thereafter. City agrees that monthly payments shall
be prorated on the basis of thirty (30) days a month if the golf course is untenable for
twenty-four (24) hours or more by reason of fire., flood, or other unavoidable casualty
or reasons beyond Manager's control of if the Force Majeure provisions set out herein
are applicable.
(b) Percentaoe Payment. For sales in excess of $500,000 during any contract
year, the Manager shall also pay to the CITY OF PORT ARTHUR 10% of green fees, cart
fees and annual fees, and 5% of food and beverage sales.
(ii)-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 wdtten
statement certified as correct .by Manager, of the amount of Manager's gross receipts
during the preceding calendar month.
(iii) Annual Statement: Percentaoe Payment. On or before sixty (60) days
following the end of each contract year and on the sixtieth (60m) 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. ·
ct Records. Hanager 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 pdnting 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 Hanager. ~[n 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
Hanager's financial records.
(dj Insoection 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 Managers 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 (~,) 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 dght to inspect and examine all
such records, sales slips and other material by which 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 Diddckson Zaharias
Memorial Golf Course. Upon wdtten 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 (~,8) 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 may, ~)nce 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.
(e) 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, ~.~.~. 4m Street,
Port Arthur, Texas, or at such other place, or places as may from time to time be
designated by City by wdtten notice given to Manager.
(f) PercentaQe Payment dudn(~ 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.
Xl~. L1~ENS.
Manager shall keep the premises and any improvements thereon free from any
and all liens arising out. of any .work performed, materials, furnished, or obligations
incurred by IVlanager, its employees, agents and contractors, and Manager agrees to
reimburse City for any-attorney's fees incurred in defense of proceedings to enforce or
foreclose such liens.
XII. I~I'ILITIES~ 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. I 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, effident 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 debds 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 issuitable for golf course purposes, pump water from the DDT
Main "B' Canal. If this water is not reasonably suitable for use, it will be considered a
condition 'of "force majeure".
](III. ~IGNS.
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 intedor 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. INDEHNIFICATION.
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 judgements adsing by reason of any injury or damage to any
person or persons, including without limitation, the public, golfers, Manager, its
sewants, 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) Uabilitv. 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 insudng 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 aEer at
least thirty (30) days prior written noUce 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 d.udng 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 ResDonsibili~. 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 COMPENSA'F[ON, SOCIAL SECUR/TY. 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 wdtten 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.
)(VIII. DEFAULT,
(a) Event Of Default Defined. Each of the following shall be deemed an event of
default:
(i) If Manager, after wdtten 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 peUUon 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 substanUally 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 liquidaUon, or the taking of possession of the property of Manager
by any government authority in connection with dissoluUon or liquidaUon;
(e) the taking by any. person of the Contract created hereby or any
part thereof upon execuUon, 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 Hanager 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 .lefferson 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 dghts 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 Nanager 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, pdor to
the expiration of the term hereof, be terminated by City by reasoq, of any breach hereof
by Manager, City shall thereupon, at its option, be entitled to recover from Hanager 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.
X/X. NONWA]*VER 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 SUBLe m m zNG.
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.
XX~. TERMI'NATION.
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 CTI'Y OF PORT ARTHUR by the Manager.
The Oty may terminate this agreement with thirty (30) days notice if there is any other
matedal breach.
XX[[. NOTTCES.
All notices to be given hereunder shall be in writing and ghall be deemed given
when deposited in the United States mail, postage prepaid, certified return receipt
requested, or registered, addressed as follow~ or to such other address as from time to
time may be designated by a party by Written notice to the other party:
TO: aty
CITY 'OF PORT ARTHUR
ATFN,. City Manager
Post Office Box 1089
Port Arthur, Texas 77641
TO: Manager
AQUILA GOLF~ INC.
An'N: *Mr. George W; Brown, III,
President
395 N. Tenth Street
Beaumont, Texas 77702
XXIII, WAI~VER 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 judgement 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. DEFXNXTIONS.
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 specif~: entity or person.
(c) "Manager" refers to AQUILA GOLF, INC., a management and 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,
XXVX. FORCE MA3EURE CLAUSE.
Neithei 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 irrigaUon
water, fire or other casualty and any other cause of a similar' nature not reasonably
within the control of Manager or City.
XXVZI. 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 shall 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 Uability Act of 1980, et-sea., the Resource Conservation and
Recovery ACt, as amended (42 U.S.C. Section 6901, et see.), and in the regulations
adopted and publications promulgated pursuadt 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.
XX~III. 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, induding any statements in referenced exhibits or
attachments that may be in conflict with statements in this agreement.
XXZX. 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.
X30(. VENUE-~]EFFERSON CITY.
· Venue of all causes of action shall be in 3efferson County.
XXX/. 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 wdting
signed by each party or an authorized representative.
XXX~I. EFFECT OF PART[AL I'NVALIDITY.
The invalidity of any porti°n 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
,2003.
AQUILA GOLF~ INC.
BY:
SZGNED and AGREED to on this the day of
CITY OF PORT ARTHUR
,2003.
BY:
AI-I'EST:
CTTY SECRETARY
F.~lblt
Shee{ 1 of 2
EXHI.~IT "A'
IM?ROV-e.I',fI~NT$ AI'~D OTHER PROPERTY OF THE CIlY WIZJCH ARE INCLUDED AS A PART
OF THE OOLF COURSE:
1. Club House
a) Approx. 2,400 s.f. Building
b) Composite shingle Roofing
c) Plumbing
d) Men's &Womea'$ Rc~'ooms wlCh all pcrtlncat Fix~.urm
e) 110/'220 Single PI,ase EleeMeal System
0 Heatlog ~a~d Air-c~dltlonh~g system
g) Burgl= ~nd Fire AJ~nns
h) Ca,pet md Tile Flooring
j) Drinking Foun;ains
Cart Storage ~
a) ^pprox.3200 ~.f. Building
b) Wood Shingle Roofing
c) 110/220 Single Phase Electrical Syslem with outlets for 60 Cart Chargers
3. Maintenauce Facility
a) App:ox, 3, tOO s.£ Building
b) Wo~ shin~¢ Roofing
c) 110t'220 Single Phase Electrical System
d) Hvc Overhead Doors Omo-car garage size)
" e) Restroora xvith pertin~t
0 Asphalt paving
,4,
[rrlgatle~ Pump Station
a) Approx. 200 s.f. Pump-house
b) Composite Shingle Roofing
c) 72" crap Wet Well and Concrete Fouud~tlon
d) 4:80 Volt Three Phase power
e) Step Down Transformer to 110/220 Single Phase
110 ~x~lt outlets, li~htlng, and exhaust fan
g) One P.S.L 3~,q' Skid Mo,sated Pump Station
a) Thre= Panel P.S.I Eleetrlcal Conlzol System
b) Pertinmt piping and umnifold
c) Two 501tp. electric motors
d) One 25 h.p. clee~'ic mot or
e) One l~h.p, eleclzicmotoe
Ti'uee vertical turbine pumps - iota{ maximum output- 1000 g.p.m.
Exhlbl{ 'A'
Sheet 2of2
5. Eh-aln~g¢ Pum?sta'~ion #1
Approx. 160 s.£ Pump-House
b) Composite Shingle Roofing. with Pl~i-Glass Sk34ights
a) Cot.crete Foundation, Two 7' by 9' Wet Wells, and Masoary Block Sub-grade %'ails
b) ii0 Volt Three Phas~ power
c) Step ~ Trtnsformer to I I 0t220 Single Phase
d) I l0 volt outlets amd lighting
¢) Two 100 h.p. E[¢ciric M,Xocs
t) Two Idantiea[ MODEL #30 Single Stage Water Lubricated Patent~ Packing-le;s LG. LiTT
Prolaeller Pumps, wlth Model//302,4 Ptmlp Bowls and 23.125" Manganese-Bronze Propel[et
at a 0.$0 pitch angle.
l~'.inag~ pump s ~t.~k~/~2
a) Approx. 160s.f. Pump-House
b) Con'ugated Fiberglass r oD §ng
¢) Co~¢t¢ Four, cb. liOn, Two 7' by 9' Wet WelL% and Mars,'~,u)' Block Sub-grade Walls
d) 480 VoltThree Phase power
¢) Step Down Transformer to 110/220 Single Pha~
t') I l0 volt outlets amg lighting
g) Two 1.25 h.p. Electric Motors
h) Two Identical MODEL #36 Single Stage W'aler Lubricated Pa,'er.t~ Packing-less LO-LIFT
Profiler Pumps, with Model #3626 Pump Bowls mad BZ ~ 26 Manganese-Bronze Propeller
at a 1.0 pitch angle.
Sprinkler Irrigation Dis~butlon S.~tem
a) Approx. 220,0001.f. of PVC piping as follows:
1) $" - 600Lf.
2)6"- 2,1001.f.
3) 4-- 6,6301.f.
4) 3"- 13,1001.£
5] 21/2'-$,000L£
6) 2"- 13,7001.£
7) 1" - 3001.£
b) 342 Toro 690 hydraulic pop-up rotm-y sprinkl~r heads
c) Gate Valves, Steel Sleeving, and assorted fixtures
Sprinkl~ Irrlgat{On Control S~st~rn
e) TORO OSMAC radio control system
b) 13 Con=ol Boxes
c) Direct burial c[~'tricalvd~"ing
d) Hydraulic con~'ol tubing
c) TORO TOUCFINET ~tral contxoller
9. Asphalt Paving
10. Four (4) Wo~en Tee Shelters wi~ benches
11. Two (2) Resh'ooms on golfC°urse:
12. Patio Cover (shelter) adjacent to Clabhouse
EXHIDIT t'B"
~I~IIMUM MAINTENANCE STANDARDS
Any reference to greens refers to all greens, including
practice areas and nurseries, if applicable, unless otherwise
noted. :
A. Mowing
1. During %he months of March through November (herein
after referred to as the growing season) greens shall
be mowed a minimum of five (5) days per %;eek. 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 five (5)
times weekly in the other months, e×cept during
germination of oversaed when they should be changed
daily. Cup location will be moved at least twenty (20')
feet from the previous placement. Cups on practice
greens shall be changed a minimum of twice a 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 two
(2) times 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") in0hes of soil. Water shall be applied
only as fast as the gr~e'n's can absorb it. In ~eriods of
excessive' h~at, syringing may be ~eeded to prevent
wilting.
E. Greens shall be aerified a minimum of three (3) 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.
Shee! 2 of 4
F. Greens shall be aerified additionally a minimum of two
(2) times using a spiking-type aerifier, once between the
first and second coring, and once between the second and
third coring.
G. Topdress all greens a minimum of four (4) tines, once
after each coring and once during overseeding. Top-
dressing ~aterial will be sand or a mix of similar to
that used to construct the qreens.
H. Verticuttinq is required prldr to overseeding (see I) and
additionally during the g<owing season, as needed to
remove thatch and control graininess.
I. Overseeding - Where Bermuda grass greens are maintained,
they shall be overseeded annually, in the fall of the
year, approximately two (2) to three (3) weeks before the
first annual freeze, using an acceptable blend of winter
grasses, sown at the recommended rate.
The putting surface shall be prepared for overseeding by
core aerifying no sooner than 30 days before overseeding,
_~ lightly verticutting weekly, starting three (3) to four
(4) weeks prior, and treating for fungus each week for
three (3) weeks prior to overseeding.
overseeding shall be topdressed 1/8" with material
similar to qreen construction material or using sand
and/or sand compost mixture.
be applied prior to seeding.
sufficient to remain moist
germinated seed has rooted.
during germination period.
A starter fertilizer shall
Greens shall be irrigated
but not soaked until all
Cups shall be changed daily
Fertilization - All greens shall b~ fertilized a minimum
of once per month at a minimum rate of 1/2 pound to ~
pound per 1,000 square feet of green surface, using an
appropriate fertilizer mix to maintain color, growth and
turgidity of the turf, without allowin~ 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 imdicate. Soil samples shalI be taken
from each g~een'in the spring and .sent to the Soil
Testing Laboratory, Texas A&M university, College
Station, Texas, 77843. Adjustments to program schedule
shall be made annually, as identified from soil tests.
2
Sheet 3 of 4
K. Fungicide - Ail greens shall have preventive fungicide
applications and applied appropriately to control fungal
disease activity.
L. pre-e~ergent chemicmls shall be used in early spring and
other uppropriate times to prevent intrusion into the
greens of weeds difficult to eradicate, such as poa anua,
goosegress, crabgrass, etc.
M. Weed Control - All greens ~hall be maintained free of
foreign grasses and weeds. :
~I. Insecticide - Ail greenff shall be treated on a
preventative and/or curative basis as needed.
MINIMUM TEES
Tees - All Areas Used for Tee Surface
A. Mowing - Ail tees shall be mowed at a height of 3/8" to
1/2" three (3) times per week.
B. Water should be applied to tees in the same manner as
". greens.
C. Topdressing - Ail tees shall be topdresseO four (4.) or
five (5~ times during the growing season and more often
on holes where irons are frequently used to tee off.
D. See~ing - All tee areas shall be overseeded at a rate of
not lees than 10 pounds/1,o00 square feet from November
to April and mdditionally 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 r~e grass or other approved
substitute.
E. Set-up - Tee markers and all tee equipment shall be moved
a minimum of three (3) ti~es per week end more often
during periods of heavy play for proper teeing and
wearing of turf.
F. Weed Control - Teee'shal'l be kept weed free to'an extent
of not more ~han four (4) weedy specigs per square yard,
by the proper application of herbicides.
G. Aerification - Ail tees shall be aerified every two (2)
months during the growth season beginning in Maroh.
Aerifying tees in conjunction with greens will facilitate
planning and minimize disruption of play.
F..~lblt
Sheet 4of4
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.
~IRWAY MAI);?ENANCE
Fairways - Ali. 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. Aerificatlon - All fairways shall be aerified a minimum
of two times per year. Once in the spri~g.(la~e March)
and once in late summer - September. Aerzflcatl~n holes
shall not excee~ a spacing of eight (8") inches on center
or be of a diameter of less than 1/2". A supplemental
_~ fairway aerification should be performed in June, if
possible.
}c. Fertilization - All fairways shall be fertilized twice
annually. The first application shall be in March or
April, and the second shall not be la,er then the last
week in September. Fertilizer mi): and application rate
shall be determined from annual soil tests.
D. Weed Control - Fairways shall ~e kept weed-free to the
extent of not more than an average of four (4) weedy
species per square yard, by the proper application of
herbicides.
4
Exhlbl~ '0'
Sheet I of I
Re,dent Green Fee S~hedule Thrott~h 1~,Iarc~ 1. 2004
FeeType Currently 03/{)]/9,3 03/01104
WD- 18 R~idcnl $7.15 $7._~0 $7.85
WD - 9 Resident $5.00 $6.50 $7.00
WE - 18 Rcsida~t 58.35 $9.00 $9.65
WE - 9 Rcsidcnt $6.50 S6.86 $'7.22
E~iblt 'D'
Shee~ 1
Aquila Gol/'Ava;Inble Eqalpment - For M:flntenancc off, abe Za§arias IVlemoria] Colt'Course
I. Gr ¢en$-Tc'~-Bunker~
a) Two (2) Jol~. Deere 2500 Triple:.: Green$-mow~s
b) ~e (I) loM D~re 2243 %~lenT~ Tr~ Mower
~¢ {1) $~ et'John Dele V~i~l~ R~ls f~ 2500
d) ~e (l) J~ ~e 12~A ~k~ ~c
c) ~ (1) JoM D¢~c 15~ A A~-c~e A~fi~
g)
h) Two (2) ~ ~ Ro~' Spades
D ~e (l) t~ ~nk~ Edg~
Fairways
a) O~e (1) John Decre 3500B Five~PIcx Hydraulkolly Driven Fairway Mowe~
b) One (1) Jacobsen 5-7 G~g Mower - Oroutad Driven
c) One (1) Vicou Feztilker Spreader
d) One (I) Aeovator Fairly Aerifier
3. Roughs, Oeneral Mowing, sndTr~rn;ng
a) One (I) Farm King 14 foot RotaryFi~ish Mower
b) One (1) Lastec 621-ER 3-polnt MID Rotary Finish Mower
c) Five (5) String Trimmers with edging and brush atiachments
; d) O~e (1) Riding L~wn mower for Clubhouse area
' e) One (l) tloYer Mower trim mower
O~n'al Mainte~all~: Equipment
a) One (1) FMC Trailer mc~ed 300 ~allon
b) One (i) Rodg~s Shrotxk:d 20' Spray Boom
c) One (I) Utillty T~ail~r, Flydraulic Dump Body
d) One (1) .Iohn Deere S 105 Tractor
e) One (I) $ohn De~'¢ 970 Tr~or
f) One (!) Jacobsea G-20D Tractor
$) One (1) $oha Deer~ 440 Front End Leader
h) One (I) Allis Oaalmcrs 5030 Tractor
i) One (I) D~illbLs$ 4000 Air Compressor
j) T,~,o (2) EZGO Workhorse 1200 Utility vehicles
k) One (1) Homelite pump
1) One (t) ~ck l.~apping Machine
m) One Mastcr M~hani¢ Bench Orinder
n) One (1) Miller Thunderbolt 225 weldLng Machine
o) Assorted Hand ~cl Landscap= Tools
Rezldent gr~o Fee Schedule Through ~,[arch 1,2004
.Fe~Type .Currently
WD - 1.8 P,~a{den! $7.15
~ArD - 9 Resident $5.00
WE- 18 P,¢sidcat $8.35
WE- 9 ~sident $6.50
03/01/03
$7.50
S6.~0
$9.00
S6.86
03/01/04
$7.85
$7.00
$9.65
$7.22