2018-19 Landmark Golf Management Amendment 1 - SilverRock Golf ManagementZĞǀŝƐĞĚDĂLJϮϬϭϳ
M E M O R A N D U M
TO: Frank J. Spevacek, City Manager
FROM: Steve Howlett, Facilities Director
DATE: May 21, 2018
RE: Amendment No. 1 to Golf Course Management Agreement with
Landmark Golf Management LLP for SilverRock Golf Course Management
Services for FY 2018/19
Attached for your signature is Amendment No. 1 to Golf Course Management Agreement
with Landmark Golf Management LLP for SilverRock Golf Course Management Services
for FY 2018/19
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
X Contract payments will be charged to account number: 601-0000-60208
X Amount of Agreement, Amendment, Change Order, etc.: $114,000
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
_____ no reportable interests in LQ or ____ reportable interests
X A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on MAY 15, 2018
N/A City Manager’s signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less. This expenditure is $____________and authorized by _________[Council, Director, etc]
N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
X Insurance certificates as required by the agreement (approved by Risk Manager on _____________ date)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number ________________________
X A requisition for a Purchase Order has been prepared (amounts over $5,000)
X A copy of this Cover Memo has been emailed to Finance (Sandra)
N/A
FIRST AMENDMENT TO GOLF COURSE MANAGEMENT AGREEMENT
This FIRST AMENDMENT TO GOLF COURSE MANAGEMENT AGREEMENT (the “First
Amendment”) is made and entered as of July 1, 2018 (the “Effective Date”) by and
between the City of La Quinta, a public body (the “City”), and Landmark Golf
Management, LLC (the “Manager”), both of whom understand as follows:
WITNESSETH
WHEREAS, the parties entered into a Golf Course Management Agreement
effective July 1, 2013 to June 30, 2018 (“Original Agreement”); and
WHEREAS, the parties desire to amend the Original Agreement as provided
herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 2.2 of the Original Agreement is amended to:
2.2 Management Term. The Management Term shall commence July 1, 2018. The
Management Term and this Agreement shall end on June 30, 2019. The City has the
option to renew the contract for four (4) additional one-year extensions. However, the
Management Term may be terminated by the City, in its sole discretion, without penalty
or cause if such termination is deemed necessary in the reasonable opinion of Bond
Counsel to maintain the tax exempt status of municipal bonds issued to fund a portion
of the Golf Course pursuant to Section 1.141-3(b)(4) of the Regulations promulgated
pursuant to the Internal Revenue Code of 1986, as amended, Revenue Proclamation
97-13, Revenue Proclamation 2001-31 and other relevant statutes, regulations and
proclamations.
Section 4.1.1 of the Original Agreement is amended to:
4.1.1 Management Fee. Manager shall receive from City an annual Management Fee
in the amount of One Hundred Fourteen Thousand Dollars ($114,000) until expiration
of the Agreement. The annual Management Fee shall be payable in arrears in twelve
monthly installments, payable by City each month within thirty (30) business days of
receipt of an invoice for same from Manager (subject to any extensions as may be
required for approval of warrants by the City Council, if applicable).
Section 8.1 of the Original Agreement is amended to include:
8.1 Termination by City. The Management Term may be terminated by the City, in
its sole discretion, without penalty or cause on any date after June 30, 2019 with a
minimum sixty (60) day prior Written Notice of early termination provided by the City
Manager to Landmark Golf Management.
IN WITNESS WHEREOF, the City of La Quinta has caused this First Amendment to
be signed and executed on its behalf by the City Manager and Landmark Golf
Management, LLC and executed this First Amendment, both in duplicate, to become
effective as of the Effective Date.
CITY OF LA QUINTA
By:_________________________________
FRANK J. SPEVACEK, City Manager
City of La Quinta, California
ATTEST:
_______________________________________
MONIKA RADEVA, Acting City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
_______________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
LANDMARK GOLF MANAGEMENT, LLC
By:_________________________________
____________________________________
_______________________________________________________________
WILLIAM H IHRKE City Attorney
Digitally signed by Frank J. Spevacek
DN: cn=Frank J. Spevacek, o=City of
La Quinta, ou=City Manager,
email=fspevacek@la-quinta.org, c=US
Date: 2018.05.21 15:06:48 -07'00'
cn=Monika Radeva, o=City of La
Quinta, ou=Deputy City Clerk,
email=mradeva@la-quinta.org,
c=US
2018.05.21 17:04:54 -07'00'