10.1. SR 02-04-2019 - Laserfiche WebLink

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Agreement 2017-02 MANAGEMENT AGREEMENT THIS AGREEMENT entered into this sixth (6th) day of March, 2017 by and between the City of Elk River, a Minnesota municipal corporation, at 13065 Orono Parkway, Elk River, Minnesota 55330 (hereinafter "City") and Elk River Country Club, Inc. a Minnesota corporation d/b/a Elk River Golf Club at 20015 Elk Lake Road, Elk River, Minnesota 55330 (hereinafter "Operator"). WHEREAS, the City has owned and operated Pinewood Golf Course at 18150 Waco Street NW, Elk River, Minnesota 55330 ("Golf Course" or "Pinewood"). Pinewood is a 9 -hole executive course with a 1,700 square foot clubhouse and a pole barn maintenance building; and WHEREAS, the City has determined that the continued operation of the golf course would serve a public purpose and provide a benefit to the residents of the City; and WHEREAS, the Operator is engaged to manage the Golf Course; and WHEREAS, the City will retain all revenues from the Golf Course and pay all expenses relating to the operation of the Golf Course as well as required capital improvements. NOW, THEREFORE, the City and the Operator, for the consideration hereinafter named, do hereby mutually agree as follows: 1. Management. The City appoints the Operator as the manager of the Pinewood Golf Course (hereinafter "Golf Course") in accordance with the terms of this Agreement. This appointment is for the purpose of operating, managing and maintaining the Golf Course. The gas pump at the Pinewood Golf Course shall only be used by the Operator and the Operator's employees for operations of Pinewood. The Golf Course shall be deemed to include the equipment listed on Exhibit A, which shall be maintained by the Operator in as good working condition as of the commencement date of this agreement, reasonable wear and tear excepted. The equipment may only be used by the Operator for use on the Pinewood Golf Course. 2. Standards of Operation. Operator represents and warrants to City that it shall maintain an efficient and high quality operation at the golf course comparable to other similar golf courses. 3. Term. This agreement shall be for a period commencing on the date first set forth above and ending on the 31" day of December, 2018, provided however in addition to the termination provisions in paragraph 26, that the City may terminate this Agreement at will, without cause, by delivery (by mail or by personal service) to Operator (at its address stated hereinabove) of a notice of the City's intention to terminate this agreement, one hundred and twenty (120) days after the delivery of the notice. At the expiration of the one hundred and twenty (120) day period (a) this Agreement shall terminate (b) the Operator shall, at its own cost and expense, immediately remove all of its personal property from the Golf Course, and quit and surrender possession thereof to the City, in good order and condition, subject to the terms and conditions herein and (c) the City shall pay to the Operator an additional three (3) months of the current management fee as liquidated damages unless Page 1 of 11 191454v1