027-Mayfair Golf Course AgrmtIlililllllillllllllllllllllllllfllllllllflllllllllllillllllll'" Uillillllllllllllllllllllllllllllilllillll IIIIIIIIIIIIII Illillllllllllllll
05/16/00 13:39 FAX 407 3L ;646 City of Sanford a02
CITY OF SANFORD AND MAYFAIR GOLF COURSE AGREEMENT
This Agreement is made and entered into this 3 t3 t � r of �t %� =�, 1997 by and
between Seminole Club, Incorporated, a Florida Corporation, hereinafter know as
Golf Course and City of Sanford, Florida a municipal corporation created by the
laws of the State of Florida and existing in Seminole County, Florida, hereinafter
referred to as City, shall include the successors, assigns, heirs and legal
representatives of the respective parties when the context so requires or admits.
VYITNESSETII
WHEREAS the City of' Sanford is the legal owner of that property commonly
designated as the Sanford Golf Course and Country Club/Mayfair Country Club;
and
WI-TEREAS the Sanford Golf Course and Country Club has been out leased to
Seminole Club, Incorporated under a lease entered into on March 11, 198 which
contains a more specific le 'gal description of the total property referred to as the
Sanford Golf Course; and Country Club; and
WHEREAS Seminole Club Inc_ and the City of Sanford entered into an agreement
dated April 25, 1988, for the City to install an irrigation system and provide
reclaimed water to the golf course.
NOW, THEREFORE, in consideration of the.mutual promises and covenants
herein contained, the parties hereto do agree as follows:
1) The foregoing recitals are true and correct
2) Purpose of the Agreement - The purpose of this AGRH-MENI' is to
shift the responsibility and duties to operate, repair and maintain the
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05/16/00 13:39 FAX 407 31: 646 City of Sanford 03
existing reclaimed water irrigation system from the CITY to the GOLF
COURSE with compensation provided from the CITY to the GOLF
COU to perform the required work.
3) Responsibilities of the Golf Course - The Golf Course shall assume
responsibility for all maintenance, repair and operation of the irrigation
system currently performed by City personnel_ These duties shall
include, but are not limited to, maintaining and repairing all sprinkler
treads, controllers, small diameter pipe line Q inch and smaller), wires,
valves, weather station, computer, MART 5 system electrical system
components, power source and other appurtenances. l f the GOLF
COURSE physically determines that a pipe line break occurred in a
pipe line with a diameter of more than 4 inches, or if the Golf Course
believes that a repair is outside the purview of this agreement, then the
Golf Course shall contact the Utility Director or his designee in
writing, and the Utility Director will investigate to determine if the
repair will require City remediation due to being outside the scope of
this agreement. If the City agrees that the repair requires City
remediation, then the City will commence remediation activities.
The GO LF COURSE shall utilize reclaimed water in accordance with
previous agreements. The design rate of reclaimed water to be used at
the GULF COURSE is 0.63 MGD annual average. Nothing in this
agreement shall force the ,GOLF COURSE to utilize any volume of
reclaimed water that would be detrimental to the operation or turf of
the course.The Golf Course shall provide a written monthly summary
by the fifth (5th) of every nnonth. The G OLF COURSE shall employ
1)
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05/16/00 13:39 FAX 407 3 ;646 City of Sanford Q04
an appropriate number of professionals with experience in irrigation
system operation and maintenance to fulfill the obligations of this
agreement. The irrigation system shall be maintained to industry
standards.
4) (A) City Responsibilities - The City shall continue to maintain the
master pump station at the golf course and all related pump station
components with the exception of the fertigation system (this shall
include the jockey pump, pond level, etc)_ The City shall be
responsible for maintaining all large diameter pipe lines (4 inch and
larger). The City shall have the right to enter upon the premises at any
time in order to inspect and monitor the irrigation system to insure that
the Golf Course is operating and maintaining the system according to
industry standards..
(9) qty Cp n tact Personal - Should the Golf Course determine a
problem that is the City's responsibility, they may contact the Utility
Department at: 330 -5640 8:30 a.m. - 5:00 p.m.
322 - 4194 After flours Emergency
The City's contact person will be Paul Moore, Utility Director, or his
designee. Any telephone contact shall be followed up in writing.
5) Pa The total annual payment irom the City to the Golf Course
shall be $56,000. This payment shall include reimbursement for labor,
materials, equipment and all other costs associated with the
maintenance and operation of the reclaimed water irrigation system.
The Golf Course shall be responsible for invoicing the City quarterly
3
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05/16/00 13:39 FAX 407 3t 5646 City of Sanford Q
11
for payment of the reclaimed water irrigation system maintenance.
Quarterly invoices shall be issued in January, April, July and October
of each year. The City shall make payment to the Golf Course within
thirty (30) days after receipt of the invoice.
6) Record Keeping - The Golf Course shall maintain records of daily
work orders, progress reports, employees time, and materials
purchased (invoices) involving; the reclaimed water irrigation system_
This information, along with system operational data, shall be open
for inspection to City personnel at all times. A Quarterly report shall
be performed by the Golf Course listing all expenses associated with
this agreement. This report shall be furnished with each quarterly
invoice.
7) Reoulato ' e eats - the Golf Course agrees to operate the
existing reclaimed irrigation system in conformance with all State and
local regulations.
8) Term of A r ement - This agreement shall become effective October
1, 1 997. This is a one year agreement that may be extended each
additional year if agreed to by both parties. Either party may terminate
this agreement by giving a minimum six (d) month notice. Additional
agreement extensions may involve payment changes and /or other
changes if both parties are in agreement. The Golf Course shall notify
the City by March of each year if they intend to continue the contract
and /or to request a contract price modification.
9) Notices. Proper Form - Any notice required or allowed to be delivered
hereunder shall be in writing and be deemed to be delivered when (1)
4
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05/16/00 13:39 FAX 407 3, i646 City of Sanford [j06
e
of such notice when deposited in United States mail, postage prepaid,
certified mail, return receipt requested, addressed to a party at the
address set forth opposite the party's name below, or at such other
address as the party shall have specified by written notice to the other
party delivered in accordance herewith:
Seminole Club, Cnc.. Mr. Jack Daniels
Mayfair Country CIub
P_ O. Box 3911
Lake Mary, Fl 32746
Sanford: City Manager
City of Sanford
300 North Park Avenue
Sanford, F132771
10) No(ices; Default - Each of the parties hereto shall give the other party
written notice of any defaults hereunder and shall allow the defaulting
party thirty (30) days from the date the notice is sent to cure such
defaults.
1 1) Indemnification - Golf Course shall provide proof of insurance naming
both the Golf Course and the City ag insured parties and protecting
each against mutually responsible risks arising out of the reclaimed
water irrigation system, including., but not haiited to, public liability
insurancc with limits to be hereafter agreed upon by the parties in
writing,
5
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05/16/00 13:39 FAX 407 3; 5646 City of Sanford [a 07
12} A i - The covenants and agreements set forth
herein shall M - ure to the benefit of and be binding upon the parties
hereto, their successors and assigns.
IN WITNESS WHEREOF the undersigned parties have executed this agreement in
a form and manner sufficient to bid them as of the date of joint execution.
Attest:
0axog - gs-awtb� �
et R. Dougherty, City lerk
City of Sanford, Flo
13
arty A, Dale, Mayor
Seminole Club, Inc.
By b i t , Z -
s
State of Florida l �
County of Seminole 7-
r`
Sworn to (or affirmed) and subscribed before me this day of
A-D. 1997, by - \4in k, bqmf elS who is personally known to me OR produced
identification. Type of identification produced .
Notary Public - State of Florida
R
MY COMMEWON 0 cc 43-5 $U �
L s�f�� r IXPIflES: �WU�r� 2d. I'g79
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