HomeMy WebLinkAboutAgreement - Gilroy Golf Course, Inc. - 1st Amendment - Golf Course Services - Signed 2022-06-09 4885-5914-7809v2 SSCORDELIS\04706083
AMENDMENT TO AGREEMENT FOR GOLF COURSE SERVICES
THIS AMENDMENT TO AGREEMENT FOR GOLF COURSE SERVICES (this “First
Amendment”), by and among the CITY OF GILROY, a California municipal corporation (“City”),
and GILROY GOLF COURSE, INC., a California corporation (“Operator”), is entered into as of
June 6, 2022, but made effective as of December 31, 2021. Capitalized terms not otherwise defined
herein shall have the meanings ascribed to them in that certain Agreement for Golf Course
Services, effective July 1, 2017 (the “Agreement”), by and between the City and Operator.
RECITALS
WHEREAS, the City and Operator entered into the Agreement, whereby the Operator
provides golf course services by operating and maintaining the Gilroy Golf Course; and
WHEREAS, the Agreement had an initial term of five years, from July 1, 2017 through
June 30, 2022; and
WHEREAS, the Agreement provides in Article 2(c) that the Operator may elect to extend
the term of the agreement for up to three (3) additional five (5) year terms, to a maximum of twenty
(20) years; and
WHEREAS, Operator desires to exercise its first Option (as defined in Article 2(c) of the
Agreement), and City and Operator desire to memorialize such exercise, subject to the terms and
conditions stated herein.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE
PARTIES AGREE TO AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are agreed to, accepted and
incorporated herein by reference.
2. Extended Term of Agreement. Operator hereby exercises its first Option, and as
a result of such exercise, (A) the term of the Agreement is extended, and will now expire June 30,
2027 (unless earlier terminated or extended pursuant to the terms and conditions of the
Agreement), and (B) Operator has two (2) remaining Options to extend the term of the Agreement
for a period of five (5) years each, subject to the terms and conditions of the Agreement.
3. Counterparts. This Amendment may be executed in one or more facsimile or
original counterparts, each of which shall be deemed an original and both of which together shall
constitute one and the same instrument.
4. Ratification. All other terms and provisions of the Agreement shall remain in full
force and effect.
5. Authorization. Each party executing this Amendment represents and warrants that
it is duly authorized to cause this Amendment to be executed and delivered.
DocuSign Envelope ID: 3B9FE71C-A7E9-4F15-AE50-0C9905B67CC7
4885-5914-7809v2 SSCORDELIS\04706083
IN WITNESS WHEREOF, the parties execute this Amendment to Agreement for Golf
Course Services as of the date first written above.
OPERATOR:
CITY:
GILROY GOLF COURSE, INC.,
a California corporation
CITY OF GILROY
a municipal corporation
By: _________________________________ By: _________________________________
Don De Lorenzo
Owner
Jimmy Forbis
City Administrator
Approved as to Form
ATTEST:
By: _________________________________ By: _________________________________
City Attorney City Clerk
DocuSign Envelope ID: 3B9FE71C-A7E9-4F15-AE50-0C9905B67CC7