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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'