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Agreement 2019-08
<br />P!N E gNT Ac 4 ,REI,� pNf
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<br />.EEMEN,r effiective January 1, 2019 by and betweeri the City of Elk River, ainnesotacipal corporation, at 13065 Orono Parkway, Elk !Ziver, Minnesota 55330 (hereinafter
<br />"City") and Elk River Cowntry Club, Inc. an Minnesota corporation, d/b/a Elk River Golf Chit at
<br />20015 Elk Lake Ill .oad, Elk River,.Miranesota 55330 (hereign af1er "Operator").
<br />WHEREAS, the City has owined and operated Pinewood Giolf Course at 18150 Waco Street
<br />NW, Elk River, Minnesota 55330 ("Golf Course"' or "Pinewood"). Pinewood is as 9-hole executive
<br />c(mrse with a 1,700 square Hoot clubhouse and as pole barn maintenance building; anap
<br />WHEREAS, the City has detennffied that the contirmed operation of the golf course would
<br />serve a public purpose and provide as benefitfree the residents of the City; and
<br />WHEREAS, the Operator is ern to manage the Golf Course; and.
<br />WHEREAS, the Operator will retainall revenues frorn the Golf Coun-,Se and pay, all expenses
<br />relating to the operation of the Golf Course.
<br />NOW, THIEREF ORECit , tfae y and the Operator, f-br the consideration of $1 per year payable
<br />April .1 eadl-1 year SERE
<br />o hereby mutually agree as follows,
<br />Mana em - Ille City �p
<br />ent , points the Operator as the manager of the Pinewood ntrCouTse (hereinafter "Go]Rlourse"' in accordance with the terins of I s Agrment. This appoylent
<br />is for the purpose of oprating, n anaging and maintaining the Golf Course. The Golf Course shal I be
<br />deic,med to include the equiprnent listed an Exhibit A, which shall be maintaffied by the Operatorin, as
<br />good working condition as of the cormnencement date of this agreement, reasonable wear and tear
<br />excepted. The equipment rnay only be used by the Operator am us on the Pinewood Golf Course.
<br />Z, Standards of 01 2p. 0 t s
<br />era represents and wan -ants to 0t hat ihall mait nain
<br />y t
<br />an efficient andbighi quality operation at the golf course compardble to other similar golf courses,
<br />3. Term- This agreement shall he for a pexiod commencing on the date first set forth above
<br />and ending on the 3.1 "' day of Decembei� 202 1. provided however iv� addition to the termination.
<br />provisions in paragraph 26, that the City may terminate this Agreement at will, it
<br />cause, by
<br />delivery (by mail or by perscmal service) to Operator (at its address stated hereinabove) of a notice of
<br />the City's intention to tenninate this agreement, one hundred and tiventy (1210) days after the delivery
<br />of the notice. At the expiration. of the one huindred and twenty (120) day period (a) this Agremerwt
<br />shal I terminate (b) the Openaor shall, at its own cost arid expense, irarnediately reinove all oohs
<br />personal property frorn the Golf Course, and quit -and Surrender possession thereofto the City, ingood
<br />order and condition, subJect to I he tenns and conditions herein. n, is agreement allows the City to
<br />tern.-finate the license at will. The Operator may request to, extend this Agreernent for an additional one
<br />(Y) year period, cornmencing on January 1, 20 22 and ending on the 3 1 " day of Dec ember, 2022, by
<br />giving notice in writing to the City by delivering to the City Clerk by Septem"ber, 1', 202 1. of its request.
<br />The financial ten-ns of such renewal sNill be negotiated between the City and the Operator, Such
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