HomeMy WebLinkAboutAmerican Golf Corporation - Las Palmas Golf Course - MOU Silt Removal - 2012MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND
AMERICAN GOLF CORPORATION
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 18th day of
September, 2012, by and among the CITY OF NATIONAL CITY, a municipal corporation (the
"CITY"), and AMERICAN GOLF CORPORATION, a California Corporation ("AMERICAN
GOLF") (collectively, "the PARTIES") pursuant to the following facts and circumstances.
WHEREAS, CITY and AMERICAN GOLF entered into a LEASE AND OPERATING
AGREEMENT FOR LAS PALMAS MUNICIPAL GOLF COURSE, now known as the National
City Golf Course, on May 3, 1984, and amended by various amendments (collectively as the
"Agreement"), and said Agreement is still in effect, and is hereby incorporated into, and made a part
of this MEMORANDUM OF UNDERSTANDING, by reference.
WHEREAS, pursuant to Section 8.1(B) of said Agreement, City agreed to assist
AMERICAN GOLF with silt removal.
WHEREAS, pursuant to Section 8.1(B) of said Agreement, the nature and extent of
CITY's obligation to "assist" with silt removal shall be agreed upon between the PARTIES in
memorandums executed by CITY's and AMERICAN GOLF's authorized representatives.
WHEREAS, pursuant to Section 8.1(B) of said Agreement, in no event will CITY's
obligation exceed the equivalent in labor and materials of 100 man days of Public Works crew
effort, with a value of approximately $8,000.00 to $16,000.00 annually, at cost in 1984 dollars.
WHEREAS, CITY and AMERICAN GOLF desire to enter into an agreement setting
forth the nature and extent of CITY's obligation to assist with silt removal as required by the
Agreement.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. Scope of Services. CITY shall assist with silt removal as set forth below:
a) A CITY Public Works crew consisting of two Public Works employees
and as -needed equipment will be available to assist with silt removal on an
"as -needed" basis. However, in no event shall CITY be obligated to assist
with silt removal without a minimum of 3-weeks advance notice to the
Public Works Director.
b) The Public Works Director will coordinate with the AMERICAN GOLF
representative for mutually agreeable days and times for CITY public
works crews to assist with silt removal.
c) The CITY crew will excavate silt and place adjacent to the creek to create a uniform
berm at the direction of AMERICAN GOLF.
d) AMERICAN GOLF is responsible for marking out underground utilities and
irrigation lines. Should CITY crews damage facilities that were not marked out,
AMERICAN GOLF will indemnify and hold harmless CITY, its officers and
employees, against and from any and all liability, loss, damages to property, injuries
to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting
from or arising out of the damage to the facilities.
e) AMERICAN GOLF shall provide a clear path of travel for CITY equipment and
crews.
f) Modifications to the berm for aesthetics, including landscaping, are above and
beyond the obligations of the CITY under the terms of this MEMORANDUM OF
UNDERSTANDING and the Agreement and CITY shall not be responsible for
assisting or performing such modifications. Notwithstanding the preceding sentence,
nothing herein creates an obligation for AMERICAN GOLF to make modifications to
the berm for aesthetics, including landscaping.
g)
The total number of man-hours and costs to CITY associated with silt removal shall
not exceed the equivalent in labor and materials of 100 man days of Public Works
crew effort, with a value of approximately $8,000.00 to $16,000.00 annually, at cost
in 1984 dollars.
h) Any and all permits associated with maintenance of the Lower Paradise Creek (a
"Blueline" Stream) shall be obtained and paid for by AMERICAN GOLF.
2. Length of Agreement. This MEMORANDUM OF UNDERSTANDING shall be effective on
September 18, 2012 and the duration shall be the same as the duration of the Agreement
unless terminated earlier in by mutual agreement in writing signed by both PARTIES.
-- Signature Page to Follow --
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1N WITNESS WHEREOF, this Memorandum of Understanding is executed by CITY
and by AMERICAN GOLF on the date and year first above written.
AMERICAN GOLF CORPORATION
(Signatures of TWO corporate officers required)
By:.
Name & Ti
By:
tCh ) Chi(
Name & Title
CITY OF NA'IONAL CITY
"1.7. 1
Ron Morrison, Mayor
APPROVED AS TO FORM
cecrdt
F Randal Qf tcer'
Claudia Gacitua Silva, City Attonry
By:
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