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HomeMy WebLinkAbout8711RESOLUTION NO. 8711 A RESOLUTION APPROVING ADDENDUM NO. 2 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND ZAREMBA ENTERPRISES, INC. RELATING TO THE OPERATION OF THE CITY PARK GOLF COURSE AND WALKINGSTICK GOLF COURSE, AND AUTHORIZING THE PRESIDENT TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: RMto9ri7liI Addendum No. 2 dated as of June 1, 1999 between the City of Pueblo, a municipal corporation and Zaremba Enterprises, Inc. relating to the operation of the City Park Golf Course and Walkingstick Golf Course, having been approved as to form by the City Attorney, is hereby approved. SFCTInN The President of the City Council is authorized to execute and deliver Addendum No. 2 in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED May 24, 1999 BY John Verna Councilperson APPROVED: President of of the Council ATTEST: Council Agenda TITLE: A RESOLUTION APPROVING ADDENDUM NO. 2 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND ZAREMBA ENTERPRISES, INC. RELATING TO THE OPERATION OF THE CITY WALKINGSTICK GOLF COURSE, AND AUTHORIZING THE PRESIDENT DEPARTMENT: Parks & Recreation AGENDA ITEM # __L_ PARK GOLF COURSE AND TO EXECUTE SAME DATE: ISSUE: Should City Council approve Addendum #2 between the City and Zaremba Enterprises, Inc. that relates to the operation of City Park and Walking Stick Golf Courses. BACKGROUND: Currently, at City Park Golf Course, the City provides cashiers to collect golf related fees and the golf manager collects charges for pro shop merchandise. At Walking Stick Golf Course, the golf manager collects both the golf related fees and charges for the pro shop. City provided starters then verify the payment for golf related activities at the starter building before any golfers are allowed on the course, driving range or use of a golf cart. Addendum #2 would make the manner in which all golf fees and charges collected at both courses be done the same. That is, the golf manager would collect all golf related fees and charges in the pro shop and City starters would verify that each person using either course has paid the appropriate fee or charge at each respective starter building. City starters would not be responsible for charges collected for pro shop merchandise, restaurant or lounge either course since those are privately run operations. FINANCIAL IMPACT: Addendum #2 would not increase the operating budgets of either course. RECOMMENDATION: Approval of the resolution. ADDENDUM NO. 2 THIS ADDENDUM NO. 2 entered into as of June 1, 1999 between the City of Pueblo, a municipal corporation (the "City ") and Zaremba Enterprises, Inc., a Colorado corporation, (the "Manager "), WITNESSETH: WHEREAS, Manager operates City Park Golf Course pursuant to and under the City Park Golf Course Management Agreement dated October 12, 1993 and Addendum dated January 25, 1999 (collectively "City Park Golf Course Management Agreement "), and WHEREAS, Manager operates the Walkingstick Golf Course pursuant to and under the Walkingstick Golf Course Management Agreement dated November 13, 1995 (the "Walkingstick Golf Course Management Agreement "), and WHEREAS, the provisions of such management agreements should be uniform with respect to certain operational provisions thereof. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Manager agree as follows: 1. Paragraph 4(d) of the City Park Golf Course Management Agreement and paragraph 4(d) of the Walkingstick Golf Course Management Agreement are hereby rescinded in their entirety and the following paragraph 4(d) is substituted therefor in each such management agreement: (d) provide City employees to act as starters who shall be located at such locations on the Golf Course as the Manager and Director shall mutually determine. The starters shall require and verify that each person using the Golf Course (excluding the pro shop, restaurant and lounge) has paid the appropriate fee and charge therefor. The starters shall be under the supervision of the Director of Finance of the City who shall establish written procedures for such verification. All fees and charges for the use of or activities on the Golf Course (excluding pro shop, restaurant and lounge) shall be collected by and paid to the Manager who shall hold such fees and charges in trust, nevertheless, for the use and benefit of the City. The Manager shall at least weekly remit and deliver all such fees and charges paid to or collected by the Manager and receipts therefor to the City. 2. The City Park Golf Course Management Agreement and the Walkingstick Golf Course Management Agreement as modified by this Addendum No. 2 shall remain in full force and effect. Signed in Pueblo, Colorado, as of the day and year first above written. PUEB O a Municip 1 C rporation ZAREMBA ENTERPRISES, INC. By i i �l� ��`� ----._ By �r f - t e r - •e — i President of the City Council President SEAL] Attest: City (jerk Approved as to form: City Attor - [SEAL] h plil7z— Secretary -2-