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HomeMy WebLinkAbout96-079RESOLUTION 96- ~ A RESOLUTION OF THE PORT TOWNSEND CITY COUNCIL APPROVING AN INTERIM JOINT MANAGEMENT AGREEMENT BETWEEN THE CITY OF PORT TOWNSEND AND MIKE EARLY GOLF SHOPS, INC. FOR THE PORT TOWNSEND MUNICIPAL GOLF COURSE, AND AUTHORIZING THE MAYOR TO SIGN THE INTERIM AGREEMENT The City Council of the City of Port Townsend, Washington, does resolve as follows: WHEREAS, the City owns a nine-hole regulation golf course and facilities called the Port Townsend Municipal Golf Course, a.k.a, the Spring Valley Golf Course and Conference Center, including the land upon which the Golf Course is located, and the buildings and improvements thereon; and WHEREAS, as a consequence of significant defaults in the City's lease for the Golf Course with Festival Management, Inc., recorded at Jefferson County Auditor's File No. 381878, which lease is subject to unlawful detainer proceedings in Jefferson County Superior Court, Cause No. 96-2-00224-0, and as a result of other actual and threatened litigation regarding the Golf Course operation and the actions of Festival Management, Inc., it is imperative that the City have a responsible, qualified and competent entity to operate and maintain the Golf Course during the 1996 summer golf season. Mike Early is an approved operator of the Golf Course and is a PGA Professional, possessing the skills and professional qualifications to operate the Golf Course pursuant to the terms of the attached Agreement; and WHEREAS, pursuant to the terms of the attached Interim Joint Management Agreement, the City and Early are in agreement that for the pendency of this Agreement, it is in the best interests of the general public, Golf Course customers, the City and Early, that the City and Early refrain from litigating claims against each other and establish procedures, rights and obligations for the joint management and operation of the Golf Course for the 1996 golf season, while long- term management options are explored and potential claims of third parties pertaining to the Golf Course are resolved; and WtW~REAS, during the pendency of the attached Agreement, the City intends to explore long-term options for the use and management of the Golf Course, including the possible incorporation of the Golf Course into the City's Parks and Recreation programs. Toward that end, the City intends to use the summer months of 1996 in jointly managing the Golf Course with Mike Early Golf Shops, Inc., pursuant to the terms of the attached Agreement, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Port Townsend, that the Council approves the attached Interim Joint Management Agreement Between the City of Port Townsend and Mike Early Golf Shops, Inc., and authorizes the Mayor to sign the Agreement in substantially the same form as attached. The Council hereby ratifies all actions taken previously pursuant to the attached Agreement. This Resolution shall take effect immediately and shall have the duration as set forth in the attached Agreement. ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on this 20th day May, 1996. Attest: / -~era Frar~z,~Acting City~k Julie l~dCullOch, Mayor t -2- Res. No. 96- q ~