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RESOLUTION NO. 3 9 3 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK OF THE CITY OF AUBURN TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL SERVICES ON AUBURN
GOLF COURSE BETWEEN THE CITY AND DOUGLAS J.
CAMPBELL
WHEREAS, the CITY is owner of Auburn Golf Course, ownership includes
the land upon which said golf course is located, the buildings, and other
improvements which are part thereof; and
WHEREAS, the services of a licensed Golf Professional at Auburn Golf
Course are desired so as to provide golf professional services, including the
collection of green fees, pro shop merchandise, sales, golf cart and equipment
rental, the operation of the snack bar, providing a lesson program, and perform all
maintenance in and around the clubhouse; and
WHEREAS, Mr. Campbell has provided professional golf services at the
course since 1986; and
WHEREAS, the CITY wishes to retain Mr. Campbell as a golf professional.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS
FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn, Washington,
are hereby authorized to execute an Agreement for Golf Professional Services on
Resolution No. 3937
November 7, 2005
Page 1 of2
Auburn Golf Course between the City and DOUGLAS J. CAMPBELL. A copy of
said Agreement is attached heretoo, denominated as Exhibit "A" and made a part
hereof as though set forth in full herein.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. Effective Date. This Resolution shall take effect and be in full
force upon passage and signatures hereon.
DATED and SIGNED this 5'\-~'aay of December, 2005.
~
~
PETE B. LEWIS
MAYOR
ATTEST:
J:CIU~ L~^-.
Dan1elle E. Daskam,
City Clerk
Resolution No. 3937
November 7,2005
Page 2 of2
Resolution 3937 - Exhibit A
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this S'-\..-tday of December, 2005,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "CITY" and Douglas J. Campbell, individually and his marital
community, jointly and severally, a Golf Professional, residing at 10328 Southeast 304t11
Place, Auburn, Washington 98092, hereinafter referred to as "PRO."
WHEREAS, the CITY is owner of Auburn Golf Course, ownership includes the land
upon which said golf course is located, the buildings, and other improvements which are
part thereof; and
WHEREAS, the services of a licensed Golf Professional at Auburn Golf Course are
desired so as to provide golf professional services, including the collection of green fees,
pro shop merchandise, sales, golf cart and equipment rental, the operation of the snack
bar, providing a lesson program, and perform all maintenance in and around the
clubhouse; and
WHEREAS, Mr. Campbell has provided professional golf services at the course
since 1986; and
WHEREAS, the CITY wishes to retain Mr. Campbell as a golf professional;
NOW, THEREFORE, in consideration of the mutual conditions in this Agreement,
the parties agree as follows:
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 1 of 22
December 7, 2005
Section 1. TERM OF AGREEMENT
1.1 This Agreement shall commence on January 1, 2006, and shall terminate
on December 31,2007. The PRO must give the CITY written notice at
least one hundred eighty (180) days prior to the termination of the initial
period of his desire to extend this Agreement. Such notice timely given
shall confer upon the PRO the exclusive right to negotiate with the CITY
for an extension of the Agreement for a period of sixty (60) days. If such
notice is not timely given, or if the sixty (60) days shall have expired
without a new agreement being negotiated, the CITY shall be free to
negotiate with all other parties for professional services.
1.2 The CITY grants and accords, for the term and upon conditions and
provisions hereinafter specified, the concession rights and privileges; and
the Concessionaire accepts the full responsibility and obligation to
manage and operate portions of the Auburn Golf Course, in particular the
clubhouse interior facilities; and exterior facilities to include the cart
storage area and fuel facility, clubhouse entry walks, and exterior seating
areas adjacent to the clubhouse. Such facilities shall hereinafter be
referred to as the "CONCESSION PREMISES".
Section 2. DUTIES AND RESPONSIBILmES OF PRO
2.1 All services rendered by the PRO shall be in accordance with the P .G.A.
Code of Ethics. The PRO'S responsibilities shall include the operation of
the clubhouse facilities, snack bar, and pro shop, and provide services to
include collection of green fees as set forth in Section 5, provide lessons,
and provide for tournament play. The PRO shall prov,ide competent
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 2 of 22
December 7, 2005
personnel necessary for such operations and shall supervise them in their
work and shall pay them for their services at the PRO'S soie cost and
expense. Personnel employed by the PRO shall not engage in conduct
injurious to the interests of the CITY in having an efficient and successful
operation at the Golf Course. The PRO shall not conduct any other
business or social activity on the golf course premises, or use the golf
course, clubhouse, or golf pro shop for any other purpose without first
having obtained the express written consent of the CITY. The PRO shall
not be otherwise employed or engaged in other business, which is in
conflict with the responsibilities and duties of the PRO under this
Agreement, without the express written consent of the CITY. The parties
agree that their respective duties and responsibilities are in accordance
with the requirements and conditions of the Rules, which Rules are
incorporated and by reference made a part of this Agreement.
2.2 Except as otherwise provided in this Agreement, the PRO shall have the
exclusive right on the golf course:
a. To display, sell, rent, and otherwise supply and sell to the public
all golf goods, clothing, merchandise, golf equipment, golf pull
carls, and power golf carts.
b. To operate shop services on the premises for the repair and
maintenance of golf clubs and other golfing equipment.
c. To give golf instruction to all groups and levels of public players
and make charges therefore.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 3 of 22
December 7, 2005
d. To be responsible for the operation and management of a snack
bar in the clubhouse during hours the clubhouse is open; and
from May to September, the operation of a snack cart on the
course, except during inclement weather. An operations time
schedule will be submitted to CITY.
2.3 The PRO shall have the following responsibilities in the operation,
management, and supervision of the golf course including:
a. Promoting good will with the golfing public and treating the public
in a courteous manner, and utilizing effective public relations
methods. All Pro shop employees must be appropriately dressed
and may not wear logos of a competing golf course.
b. Support, enforce, and explain all rules and operations established
by the CITY of Auburn to staff and the golfing public.
c. Directing the play and conduct of all persons on the golf course,
including keeping off trespassers, and preventing injury to the golf
course by players and others. Schedule for directing play on the
course must be submitted and approved by the CITY each year.
d. Collecting all fees; issuing receipts for greens fees; and prompt
transfer of fees to the CITY.
e. Preventing any person from playing without first having paid
greens fees.
f. Reserving starting time for daily play, league, and tournament;
and acting as a starter of play.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 4 of 22
December 7, 2005
g. Making a daily physical inspection of the concession premises,
adjacent CITY grounds, and reporting any unusual or unsafe
conditions observed during said inspection to the Department of
Parks and Recreation immediately.
h. Provide routine maintenance and janitorial services and supplies,
to include all cleaning supplies and paper products, for the golf
clubhouse. The janitorial services shall be performed in a
professional manner using professional equipment and supplies.
A daily janitorial log sheet will be maintained by the PRO and
made available to the CITY.
Daily - empty and wash waste receptacles; clean grill and other
kitchen equipment; properly arrange furniture; clean and disinfect
sinks; clean entry ways, mats, and landing areas; spot clean spills
and tracked areas as needed; secure windows and doors upon
completion of work; leave on only designated lights; clean,
disinfect and sanitize restroom fixtures and fittings; restock
restroom fixtures; sweep or mop all hard surface flooring; vacuum
all carpeted areas.
Weekly - damp wipe display equipment, furniture and kitchen
equipment; damp wipe display cases and equipment, furniture,
window sills and ledges, and kitchen equipment; wash and
disinfect restroom partitions, counters and doors;
Quarterly - clean all windows inside and out; dust and wipe
down vents, light fixtures, exposed pipes, fire extinguishers, etc.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 5 of 22
December 7, 2005
Annually - strip and apply two coats of floor finish on all hard
surface flooring; wash light fixtures, shampoo all carpeted areas.
The PRO agrees to keep the concession premises in a clean,
orderly, and sanitary condition at all times to the satisfaction of
the CITY and King County Health Department.
i. Maintaining a close relationship and cooperation with the Auburn
School District and Green River Community College golf programs.
j. Instructing and testing Juniors in the knowledge of golf rules and
courtesies, as well as preparing, planning, and implementing
Junior golf clinics, including volunteering twenty (20) hours to the
CITY sponsored Youth Golf Program and Youth Tournament.
Provide a minimum of twenty-four (24) hours of adult golf lessons
for the CITY to be compensated through instruction agreement.
All lessons and clinics to be conducted by a PGA registered
professional.
k. The PRO will furnish, at his expense, marshall services at the
Auburn Golf Course. Marshall services will be provided a
minimum of eight hours a day April 1st through September 1st. At
other times of the year marshall services will be provided Fridays,
Saturdays, Sundays, and holidays as determined by the CITY and
PRO.
1. All marshalls shall attend a minimum of two (2) hours of
instruction on their expected duties and responsibilities.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 6 of 22
December 7, 2005
This instructional meeting will also be attended by the
greens superintendent.
2. Marshall services shall be done in an approved vehicle.
3. Playing golf or ball hunting, while acting as marshall, is not
acceptable.
4. Marshall on duty will:
. verify that each player has a current cash register
receipt
. monitor player conduct
. see that all course and city policies are observed
. manage the speed of play on the course
. immediately report any problem or safety issues on the
course to the clubhouse.
5. PRO shall provide, at his expense, starting services
amounting to a minimum of forty (40) hours weekly, from
May 151 through September 151, as needed to facilitate a
high-quality golf operation. PRO shall be responsible for
taking and reserving tee times and starting of golf play
and for control of both the first and tenth tees at all times.
PRO shall collect green fees and other fees and verify the
payment of such fees.
I. Keeping the golf pro shop open in accordance with the schedule
as set by the City of Auburn.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 7 of 22
Oecember 7, 2005
m. Should the City of Auburn complete the driving range facility
during the duration of this contract, revenue from sales derived
from the range shall be split on the basis of 95% to the CITY and
5% to the PRO. The CITY will purchase and maintain all
equipment needed for the range as well as collect all range balls.
n. Operating, managing, and supervising the food and beverage
concessions in the Clubhouse, and furnishing an adequate stock of
food and beverage supplies and all the necessary equipment for
the operation of the concessions.
o. Furnishing an adequate supply of golf clubs, golf carts, including
all supplies necessary for their operation, and golf equipment
available for rent as necessary in the golf course operation, and
prices charged shall be consistent with prices at comparable
courses. An inventory in the pro shop shall have a minimum
wholesale value of Thirty Thousand and NO/l00s Dollars
($30,000.) during the months of April through September in the
year 2006, and will be increased five (5) percent annually
thereafter. Inventory may be reduced during the slow play time
of October through March.
p. Providing a minimum of forty (40) power golf carts, which must
be kept in above-average condition, and must be replaced and
maintained on a regularly scheduled program. Records are to be
kept on all inspections and repairs for each golf cart in the fleet.
Golf carts with broken windshields, cracked tops, and other
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 8 of 22
December 7, 2005
damage will not be allowed on the course. Golf carts that are
damaged, inoperable, or not meeting the conditions as spelled out
in this agreement, must be removed from the golf course
premises within two (2) weeks. Cart storage and maintenance
areas must be kept in a clean and orderly condition. The storage
of batteries, cart supplies, and fuel must be in accordance with all
CITY and State regulations. The City maintains the right to
request the conversion to electric carts. A minimum of four years
notice will be given for this conversion.
q. Providing score cards at no expense to the CITY. CITY must
review and approve all sponsors and advertising on scorecards.
r. PRO shall be responsible for on-going custodial maintenance and
cleanliness of the building, equipment, appliances, furnishings
(including restrooms), adjoining patios, dumpster locations,
walkways and hardscape areas adjacent to the clubhouse. PRO
shall not be responsible for maintenance of the turf, grass,
parking lot or landscaped grounds within the facilities.
s. PRO shall, at its own expense, and at all times:
1. Keep the Facility in a neat, clean, safe and sanitary
condition.
2. Keep the glass of all windows and doors clean and
presentable.
3. Remove snow and ice from walkways leading to clubhouse
doorways; PRO shall not be responsible for snow or ice
removal in any area other than walkways leading to
clubhouse doorways.
4. Furnish all cleaning supplies and materials needed to
remain the Facility in the manner described herein.
5. Provide custodial services or contract with a professional
custodial company that is licensed and bonded.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 9 of 22
December 7, 2005
6. PRO shall supervise to see that the entire clubhouse is
cleaned on a daily basis. PRO shall review its proposed
cleaning frequency schedule in its Operating Plan and
Procedures manual with the City.
7. PRO will paint, replace toilet fixtures, sinks and vanity
mirrors, replace floor covering, and stall privacy walls in
the restrooms prior to April 1, 2006. All fixtures and
materials must be of a commercial grade.
8. PRO will maintain clubhouse temperature at a level not
less than 67 degrees Fahrenheit.
t. Paying all utilities associated with the clubhouse facilities,
including lights, heat, garbage collection, storm sewer charges,
and telephone.
u. Submitting to the Director of Parks and Recreation, by January
15tl1 of each year, a schedule of all fees to be charged for lessons,
rentals, and snack bar.
v. Conforming to adopted policies regarding the hiring and
employment of minorities and women, which are contained in the
City's Affirmative Action Plan.
w. Insure that all signage in and around the clubhouse and pro shop
is of professional quality and appearance.
x. Speak to service clubs and other groups to promote the Auburn
Golf Course as requested by the CITY.
y. Compieting an annual Marketing Plan which defines strategies and
tactics for increasing individual play, tournament play, and
lessons. The PRO shall provide the plan to the CITY during the
fourth (4th) quarter of each year for review and approval. PRO is
responsible for expending at least Four Thousand and No/100s
Dollars ($4,000) per year on implementing elements defined in
Resolution 3937 - Exhibit A
Agreement - Oouglas J. Campbell
Page 10 of 22
December 7, 2005
the annual Marketing Plan. The CITY will also be responsible for
an expenditure of at least Four Thousand and Nojl00s Dollars
($4,000) to implement this plan. (For the year 2006, the plan
shall be submitted in the first est) quarter of 2006).
Section 3
DUTIES AND RESPONSIBILITIES OF CITY
3.1
Parks and Recreation Director.
The Parks and Recreation Director
shall be the designated representative of the CITY.
3.2
Maintenance.
The CITY shall be responsible for the maintenance
of the golf course grounds, parking area, foundation, electrical, exterior,
roof, and replacing windows. The PRO shall be responsible for the
maintenance of the Golf course restroom fixtures, interior plumbing, and
heating.
3.3 Golf Course Play Director. The CITY may, at its sole option, at its own
cost and expense, provide a golf play director at the course. The golf
play director shall be under the direction of the CITY and shall check that
all players have paid the necessary fees and been issued receipts.
3.4 Rules and Regulations.
The CITY of AUBURN shall establish the following:
a. Rules and regulations for the operation for the golf course, golf
pro shop, and clubhouse, including, but no limited to:
1. The minimum number of hours of play for which the
course is to be kept open each day and each week.
2. The minimum number of hours the golf pro shop is to be
kept open each day and each week.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 11 of 22
December 7, 2005
b. The amount of all fees, including but not limited to:
1. Green fees; and
2. Private golf cart daily fees.
3.5 Course Closure.
The CITY will have the authority to close the course or prevent power
golf carts on the course due to the inclement weather and grounds
conditions.
Section 4. CONSIDERATION.
4.1 The PRO shall transfer the following to the CITY:
a. All daily green fees collected, without deduction.
b. All fees paid for the use of private golf carts on the course.
4.2 The PRO shall be entitled to the following and must keep income and
expense records in each category (a, b, c, d, and e) and submit this
information to the City during the first quarter of the following year:
a. Fourteen percent (14%) commission of the gross proceeds
(excluding state sales tax) up to $600,000 of green fees and
private golf carts on course fees; gross proceeds over $600,000
shall be paid at a rate of ten percent (10%) to the PRO. The
commission to be paid twice monthly by the CITY.
b. All the gross receipts from all food and beverage service
operations in the clubhouse.
c. All the gross receipts from sales in the pro shop.
d. All the gross receipts from the rental of golf club and pull carts.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 12 of 22
December 7,2005
e. All income received by the professional from private golf lessons
given on the course by him.
f. All income from power golf cart rentals, except an annual lump
sum cart path fee in the amount of $6,000, to be paid to the
CITY; and fee will increase five percent (5%) each year
thereafter. This fee will be paid by September 1st each year.
g. Should a capital improvement fee be implemented to cover capital
expenditures for major improvements, no percentage of this fee
will be paid to the PRO. All funds will be deposited in an account
that can only be used for the construction of a new clubhouse,
parking, or other major on-course improvements.
4.3 The PRO may, at his own expense, provide additional improvements to
the clubhouse facility with written approval from the Director of Parks and
Recreation.
4.4 The PRO shall, at his own expense, be allowed to install and maintain a
gate in the fence at his residence bordering the golf course. This access
is intended for golf course security purposes only and must be removed,
at his own expense, should he move or receive written notice from the
CITY for removal.
Section 5. COLLECTION OF FEES BY PRO.
5.1 The PRO shall cause to be delivered to the CITY on a daily basis, or as
established by the CITY, all monies collected due and owing to the CITY,
or otherwise required to be transferred to the CITY.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 13 of 22
December 7, 2005
5.2 The PRO shall install and maintain a system of records and accounts
approved by the City of Auburn Finance Department from which the
amount of fees and revenues can be readily ascertained. The PRO shall
permit the CITY, through its designated representatives, to inspect such
accounts and all other records of the PRO at any reasonable time upon
demand.
5.3 The PRO accepts complete responsibility for acceptance of bad checks
and will reimburse the CITY for amount of checks plus any additional
incurred expenses.
Section 6. INDEMNIFICATION, INSURANCE, BOND.
6.1
Indemnification.
The PRO agrees to defend, indemnify, and hold
harmless the CITY, its appointed and elected officials, officers, or
employees, and agents from and against all of their costs or expenses,
including attorney's fees and costs for liability imposed by law upon the
CITY, its elected or appointed officers, employees, or agents, for all
claims, demands, and litigation for damages for injury or death or
damage to persons or property arising out of or resulting from any
contractual liability obligation assumed hereunder or any act or omission
on the part of the PRO, his agents, employees, or subcontractors. PRO is
an independent contractor and agrees to conduct all activities to maintain
that status and PRO agrees to indemnify and hold the CITY harmless
from any and all claims that are imposed on CITY due to allegations of
employee/employer status.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 14 of 22
December 7, 2005
6.2 Insurance. The PRO shall provide and maintain, at his own cost and
expense, in forms satisfactory to the CITY and naming the CITY as
additionally insured thereunder, a policy or policies of each of the
following types of insurance:
a. A combined single limit liability insurance covering personal injury
liability, bodily injury, and property damage liability in an amount
not less than One Million Dollars ($1,000,000), which amount may
be modified upwards in event market circumstances indicate a
prudent business practice would require additional insurance.
Said insurance shall be on the comprehensive general liability
form with coverage to include premises liability, liquor legal
liability, golf cart liability, blanket contractual liability, owners and
PRO'S protective liability (covering work performed for the PRO by
independent contractors rather than employees, products, and
complete operations liability and stopgap liability. PRO to provide
a certificate of insurance to the CITY and the WCIA.
b. Workmen's Compensation Insurance and Employer's Liability
Insurance for all employees of the PRO.
c. Automobile liability insurance for owned automobiles in an amount
not less than One Million Dollars ($1,000,000). Certificate and
notification in amount as per paragraph "a" above.
6.3 Fidelity Bond. The PRO shall continuously maintain at his expense a
blanket fidelity bond covering collection of fees on the premises by the
PRO or his agents, employees, or subcontractors for the benefit of the
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 15 of 22
December 7, 2005
CITY. The bond shall be an amount not less than Twenty-Five Thousand
Dollars ($25,000), which amount may be increased at option of CITY as
amount of cash handled increases.
6.4 Proof of the above requirements must be provided by the CITY
upon execution of an agreement. The policies required herein shall
provide not less than thirty (30) days prior written notice to the CITY of
any cancellation, expiration, modification, or reduction in coverage or
liability limits.
Section 7. INDEPENDENT CONTRACTOR.
The parties agree and acknowledge that the PRO is an independent contractor
and not the agent or employee of the City of Auburn, and that no liability shall attach to
the CITY as a result of the acts or omissions of the PRO, his agents, or employees.
Section 8. TERMINATION
8.1 The CITY shall have the right to terminate this Agreement upon the
failure of the PRO to fully and faithfully perform any duty or obligation set
forth in this Agreement and/or the rules and regulations for the
performance of golf professional services.
8.2 In the event that the CITY shall terminate the rights granted to the PRO
under this Agreement, the CITY shall have the right to:
a. Enter the golf pro shop and golf course and take immediate sole
possession thereof.
b. Bring suit for and collect all fees and portions of gross revenue or
any other monies required to be paid to the CITY which shall have
accrued to the time of the termination of the PRO'S rights.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 16 of 22
December 7,2005
8.3 Automatic Termination.
a. This Agreement shall automatically terminate upon expiration of
the Term of the Agreement or upon thirty (30) days written notice
by either party. Such termination must be related to the
construction and/or opening of a new clubhouse facility. Upon
termination of this Agreement, PRO shall release, transfer, assign,
and quitclaim all of the assets of the Facility (other than assets or
personal property purchased with PRO's own funds that are
readily separable from the Facility) to the CITY; provided any
claim PRO may have for compensation will survive such transfer.
b. Transfer of Inventory at Termination of Agreement. If, in the best
interest of both parties, the CITY and the PRO may negotiate the
purchase of pro-shop inventory and other items that could benefit
both the PRO and the new clubhouse operation.
Section 9. TAXES
9.1 As an independent contractor, the PRO recognizes that he is responsible
for all federal income taxes, self-employment taxes, and all other City,
state, and federal taxes applicable to the performance of and receipt of
compensation in accordance with the conduct of this Agreement and
agrees to pay all such amounts and to indemnify and hold the CITY
harmless from any claims to such amounts ordered including City
Attorney fees and costs.
Section 10. MISCELLANEOUS.
10.1 Assignment. This Agreement shall not be assignable or transferable.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 17 of 22
December 7, 2005
10.2 The PRO shall not make any alterations, changes, or additions to the golf
pro shop or to any fixtures or equipment owned by the CITY without first
having obtained the written consent of the CITY thereto; provided that
any alterations, changes, or additions consented to shall be made at the
sole cost and expense of the PRO and shall become the property of the
CITY upon termination of the golf professional services from whatever
cause or upon expiration of this Agreement. In event PRO makes any
alterations, changes, or additions, he shall not allow any liens or
circumstances of any kind to effect property and shall immediately cause
them to be removed and shall pay for all City Attorney fees and costs
incurred to remove same.
10.3 The PRO has no authority to let, sublet, or assign the golf pro shop or
any portion of either to any other individual or firm.
10.4 The PRO shall receive written approval from the Director of Parks and
Recreation prior to allowing or the placing of advertisements in the club
house or score cards.
10.5 The PRO shall not commit, permit, or allow any nuisance, waste, or injury
in, upon, or to the golf course or golf pro shop, or any portion of either,
or to permit the use of the golf course or golf pro shop for any illegal or
immoral purpose.
10.6 The CITY and PRO mutually agree that this Agreement may only be
altered, amended, or appealed by duly executed written instrument
approved by the governing body of the City of Auburn.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 18 of 22
December 7,2005
10.7 The Auburn Parks and Recreation Director shall conduct an evaluation of
the PRO'S performance during the month of December in each year.
10.8 The PRO agrees to comply with all local, state, and federal laws
applicable to his performance under the terms of this Agreement.
10.9 Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement, including reasonable attorneys'
fees, expenses, and court costs shall be paid to the substantially
prevailing party.
10.10 The PRO and the CITY agree to cooperate on a transition plan to assist in
ensuring a seamless transition to a new clubhouse facility.
10.11 Should the CITY construct a new clubhouse at the Auburn Golf Course
during the term of this agreement, the CITY reserves the right to
terminate this agreement with thirty (30) days notice or to re-negotiate
its terms and conditions.
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 19 of 22
December 7, 2005
ATTEST:
ia~'i f1J~
Danielle Daskam,
City Clerk
APPROVED AS TO FORM:
/)
Resolution 3937 - Exhibit A
Agreement - Oouglas J. Campbell
Page 20 of 22
December 7, 2005
CITY OF AUBURN
."'-.....-----
GOLF PROFESSIONAL
N~~
. OU. S ~.CAMP ELL
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
~.\" q'-..-
On this '(,\l\,- day oL~-"-n--Q'-L''-- 20~ before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared PETER B. LEWIS AND DANIELLE DASKAM, to me known to be the
Mayor and City Clerk for the City of Auburn, Washington, respectively, and who
executed the foregoing instrument, and acknowledged to me that they signed and
sealed this instrument to be his free and voluntary act and deed for the uses and
purposes therein mention.
Given under my hand and official seal hereto affixed the day and year first above
written.
'~~t1~~~~,,(
washing~~~t~1b~~b \}JCL
MY COMMISSION EXPIRES: \ (", \ ,.<,.,~
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 22 of 22
December 7,2005
STATE OF WASHINGTON )
) ss
COUNTY OF KING . )
On this q~~"d~y o~'~,,-,J.h \
, 2006, before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared DOUGLAS J. CAMPBELL, to me known to be the individual
described in and who executed the foregoing instrument, and acknowledged to me that
he signed and sealed this instrument to be his free and voluntary act and deed for the
uses and purposes therein mention.
Given under my hand and official seal hereto affixed the day and year first above
written.
"^r i7-\
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) .
.~ )
NO ARY PU L C in and ~r th~ State of
Washington, residing at 0 n \ U\/\A:,,- l ~;r:'--
CATHy A. RICHAkUtiUN
MY COMMISSION EXPIRES: -~l~-tx"("'l{
Resolution 3937 - Exhibit A
Agreement - Douglas J. Campbell
Page 21 of 22
December 7,2005