HomeMy WebLinkAbout2010-129 of
FIRST AMENDMENT TO
GOLF COURSE MAINTENANCE AGREEMENT
THIS FIRST AMENDMENT is entered into as of the 18 day of May , 2010 )
by and between INTERNATIONAL GOLF MAINTENANCE, INC . ("IGM") and INDIAN RIVER
COUNTY, a political subdivision of the State of Florida (" Owner") .
WHEREAS , effective October 4 , 2005 , IGM and Owner entered into that certain Maintenance
Agreement ("Agreement") relating to Sandridge Golf Club , Vero Beach, Florida ( " Course ") ; and
WHEREAS , section 2 . 1 of the Agreement grants to Owner two options to renew the
Agreement for additional five -year terms ; and
WHEREAS , Owner desires to exercise the first option to renew the Agreement for one
additional five -year term, in accordance with the terms of this amendment.
NOW, THEREFORE , in consideration of the mutual undertakings herein, and other good and
valuable consideration, the parties hereby agree , as follows :
1 . IGM ' s Contact Person . Background Fact C is hereby revised to state that IGM ' s
Contact Person shall be Greg Plotner, at the same address shown in the Agreement .
2 . Renewal . Pursuant to section 2 . 1 of the Agreement, County hereby exercises its option
to renew the Agreement for one additional five -year term , commencing on October 1 , 2010 , and
terminating on September 30 , 2015 .
3 . Maintenance Equipment. All language following the first two sentences in section 2 . 5
of the Agreement is hereby deleted, and replaced with the following : "IGM will be responsible for
purchasing all future replacement equipment to fulfill the terms of this Agreement . IGM will submit to
Owner an annual written equipment replacement schedule at the beginning of the first and each
subsequent year of the renewal term . The schedule shall be subject to the approval of the Course
manager . "
4 . Base Fee . The base fee is hereby amended, as follows : (a) The base fee for each month
from April 2010 through September 2010 , inclusive , shall be $ 88 , 088 . 25 ; and (b) the base fee for each
year of the renewal term shall be $ 997 , 059 . 00 , subject to a maximum of two possible CPI increases
during the renewal term . Specifically, if the CPI increase equals or. exceeds 3 . 0 % from April 1 , 2010
to any point in time during the renewal term, then IGM shall have the right to request an increase in the
base fee not to exceed 3 . 0 % from Owner, which Owner may approve or disapprove in its
sole
discretion . If Owner disapproves such increase, IGM shall have the right to renew the request on an
annual basis thereafter, subject to Owner ' s continuing right of approval or disapproval . If Owner
approves a CPI increase during the renewal term, and if the CPI increases by an amount equal to or
greater than 3 . 0 % between the effective date of the first CPI increase , and any point in time during the
remainder of the renewal term, then IGM shall have the right to request a second CPI increase , which
County may approve or disapprove in its sole discretion . IGM shall not be entitled to ally other
increases in the base fee during the renewal term .
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For the purposes of this section , the term " CPI" shall mean the Consumer Price Index — All
Urban Consumers : South Urban (not seasonally adjusted) .
5 . OblilZation to Provide Facilities . Section 5 . 1 is amended to eliminate any reference
that Owner shall provide " safe " facilities or a " safe " work environment . The parties acknowledge that
IGM has maintained the Course for five years prior to the effective date of this amendment, is fully
apprised of the condition of the facilities and work environment, and hereby accepts such facilities and
work environment " as is . "
6 . Equipment Repurchase Addendum . The Equipment Repurchase Addendum set forth
in section 5 . 4 is hereby deleted .
7 . Acts of God , etc . Section 7 . 10 is amended to provide that Owner shall not be liable to
pay the monthly fee for any period of time during which IGM ' s performance is excused under this
provision, by reason of an act of God, etc .
8 . Exhibit E . Exhibit E (Pricing Summary Sheet) is hereby deleted .
9 . All Remaining Terms . All remaining terms of the Agreement not expressly and
directly amended herein shall remain in full force and effect .
Signed , sealed and delivered in the presence of. INTERNATIONAL GOLF MAINTENANCE ,
INC . ("IGM")
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By :
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Print Name : /.5g 47o Print Title :
Signed , sealed and delivered in the presence of: INDIAN RIVER COUNTY, a political sub-
division of the State of Florida (" Owner")
Print Name : 712r - 1' 6 n I I 1 VIS I $ tex�
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o ® a ° •e • °° aa . . Oe• _p�. Print Name : « O �i• �
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c Approved as to form and legal sufficiency.
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poll Inwit °, „ .. Alan S . Polackwich , Sr. , County Attorney
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