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2005-331
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2005-331
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Last modified
8/10/2016 2:19:12 PM
Creation date
9/30/2015 9:18:16 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/04/2005
Control Number
2005-331
Agenda Item Number
7.MM.
Entity Name
International Golf Maintenance, Inc.
Subject
Maintenance Agreement Sandridge Golf Club
Area
5300 73rd. St.
Supplemental fields
SmeadsoftID
5214
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2 . 2 . Termination without Cause . During the first six (6) months of the Term, Owner <br /> may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice <br /> to IGM . In the event of such termination, IGM shall be paid for services rendered to the <br /> county' s satisfaction through the date of termination . After such date, Owner may terminate <br /> only for cause as set forth below . <br /> 2 . 3 . Termination for Cause . Either party may, at its option, terminate this Agreement <br /> as provided herein in the event of material breach by the other party of this Agreement . A <br /> breach shall be "material" within the meaning of this Agreement if the breach is (i) a breach of a <br /> monetary obligation, including non-payment of sums due from Owner to IGM, (ii) a breach of <br /> any of the obligations described in Sections 1 . 1 - 1 . 4 , 4 , 5 , 6 , 8 . 8 , 8 . 11 or 8 . 12 of this Agreement <br />; <br /> or (iii) a breach which would have a material adverse affect on the other party. A termination <br /> under this provision shall be effective only upon a written notice, specifically identifying the <br /> breach on which termination is based as follows : (x) thirty (30) days after written notice if the <br /> breach is of any obligation other than payment provided such breach is capable of being cured <br /> and remains uncured at the end of the thirty (30) day period, and (y) five ( 5 ) days from receipt of <br /> written notice to cure any breach of a monetary obligation, including non-payment of sums due <br /> from Owner to IGM , if at the end of such period the breach remains uncured . <br /> 2 . 4 . Limitation on Right to Terminate . In the event of any termination hereunder, <br /> Owner must pay, on or before the effective date of termination, IGM in full for all services <br /> performed by IGM through the date of termination, unless the amount of pay or the quality of <br /> services is in dispute . <br /> 2 . 5 . Effects of Termination on Equipment . IGM is currently using and will continue <br /> to use Owner ' s equipment to fulfill its obligations under this Agreement . When this equipment <br /> reaches the end of its useful life, it shall be surplused by the Owner. Beginning in Year two of <br /> this agreement, Owner will make yearly payments to IGM for the purpose of equipment <br /> purchase and replacement so IGM may continue to fulfill its obligations under this Agreement . <br /> At the end of this agreement or in the event of an early termination of this Agreement , the parties <br /> agree that the Owner shall purchase all of the Equipment from IGM (except any County owned <br /> equipment) at fair market value . If the parties cannot reach an agreement as to fair market value, <br /> the parties shall retain an independent appraiser shall be retained to establish a fair market value <br /> of the equipment and the Owner shall pay said amount. , The fee charged by the appraiser Bost o <br /> whieh shall be shared equally by the parties . <br /> 2 . 6 . IGM shall be responsible for all maintenance and repair of all equipment under <br /> this agreement . Equipment shall be repaired and maintained in accordance with manufacturers ' <br /> standards or standards common to the industry. <br /> 3 <br />
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