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HomeMy WebLinkAbout4275 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4275 ALEXANDER, SCOTT & MATHENY, DARYL Pro Shop & Driving Range Parks LEG 16-3 01/01/2002 12/31/2006 02/15/2009 01/01/2009 5 yr option - Agreement Modification 6/04 New Agreement 1/07 AGREEMENT MODIFICATION This Agreement Modification amends two agreements ("the Agreements") between the City of Bremerton ("City") and Scott Alexander and Daryl Matheny ("Professionals" or "Tenants") related to the operation of the Gold Mountain Golf Complex: 1. Professional Services Agreement dated May 15, 2002 ("PSA"); and 2. Lease Agreement dated May 15, 2002 ("Lease"). Recitals: 1. At the time of the execution of the Agreements it was intended that the City receive six percent (6%) of the gross revenue from golf cart rentals. 2. The Professionals own the golf carts, and it was intended that they retain the remainder of the golf cart revenue (94%). This intent is reflected in Paragraph 7 of the PSA. 3. Because the Professionals own the golf carts, and are being compensated based on a percentage of the carts use, the Professionals incur an additional, unintended "double" tax liability. 4. In order to correct this problem, the parties intend to remove this measure of compensation from the PSA, and include in the Lease a provision providing for the City receiving six percent (6 %) of the gross revenue from golf cart rentals. 5. This Agreement Modification is only intended to correct an error in the Agreements. It is not intended to change any substantive right, obligation or financial obligation under the Agreements. Therefore, by mutual consent of the parties, the modifications to the Agreements are as follows: Paragraph 7 of the Lease shall be replaced with: 7. Rent: Tenant shall be obligated to pay a base rent of thirty-three thousand dollars ($33,000) per year payable $4,750 on January 1, $11,750 on April 1, $11,750 on July 1, and $4,750 on October 1 of each year during the term of this lease. In addition, the Tenant shall pay, as additional rent, six percent (6%) of the gross revenue from the golf cart rental and eight (8%) of the gross revenues from driving range fees. These amounts shall be paid quarterly or the preceding quarter, payable on April 15, July 15, October 15 and January 15. Tenant shall provide a quarterly accounting to the Landlord of all "gross revenues" at the same time it makes the quarterly payment. The Landlord reserves the right to inspect the financial statements and records of the Tenant at any reasonable time and may require accounting to be performed in accordance with Landlord audit standards. AGREEMENT MODIFICATION 1 Paragraph 7 of the PSA shall be replaced with: 7. Compensation: The Professionals shall be paid for their services the annual sum of one million two hundred thousand dollars ($1,200,000.00); plus ten percent (10%) of the greens fees and private cart fees revenue, net of sales tax, in excess of $2,000,000.00; plus ninety four percent (94%) of food and beverage revenue, net of sales tax, in excess of $1,000,000.00. However, in no event shall the total compensation paid to Professionals exceed two million four hundred thousand dollars ($2,400,000.00). The compensation shall be paid in weekly installments. Each weekly payment will be in an amount equal to $3,846 plus the gross food and beverage revenue, net of sales tax for the week. When the total food and beverage sales, net of sales tax reach $1,000,000.00 for the year, the weekly payments to the Professionals shall be as described above except that the food and beverage component of each weekly payment shall be equal to 94% of that weeks' food and beverage revenue, net of sales tax. Final reconciliation and payment for each year will be made by January 31st of the following year. The parties accept all requirements of this Agreement Modification by endorsing below. This document will become a supplement of the Agreements and all provisions will apply hereto. It is understood that this Agreement Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into these modifications that are binding on the parties to these Agreements. IN WITNESS WHEREOF, the parties have executed this Agreement Modification on the day and year first written above. PROFESSIONALS/TENANTS Scott Alexander ~ By: Cary Bozeman, Mayor DATE: (~/2.~/0 'I DATE: DATE: Notary Acknowledgment on Next Page AGREEMENT MODIFICATION 2 STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that SCOTT ALEXANDER and DARYL MATHENY are the persons who appeared before me, and acknowledged that they signed this instrument, on oath, stated that they were authorized to execute the instrument and pcknowled~eir free and voluntary act for the uses and purposes mentioned in the in s t ram e~~ ?~'~,e~'~ ~'Z~' My appointment expi~s: ~-/~'- O 6, STATE OF WASHINGTON ) ) SS. COUNTY OE KITSAP ) I certify that I know or have satisfactory evidence that CARY BOZEMAN is the person who appeared before me, and acknowledged that he signed this instrument, on oath, stated that he was authorized to execute the instrument and acknowledged it, as the Mayor of the City of Bremerton, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. N(])T]ki~,~r pUi~L~i C Print Name: ~C/4~~r My appointment expi~s: APPROVED AS TO FORM: ATTEST: Brel~on City Attorney '~ty ClerV R:\LEGAL\Con~ractskPARKS~2004.06.04 Gold MW PSA Lease Mod.doc AGREEMENT MODIFICATION 3 +Enter Search Criteria, Press Esc Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4275 Vendor Name ALEXANDER, SCOTT & MATHENY, DARYL +Subject PRO SHOP & DRIVING RANGE Department PARKS Status Code LAN Amount $33000.00 Begin Date 01/01/2002 Insurance End Date 12/31/2006 Type Amount Review Date 10/01/2006 GL $2000000.00 AL $1000000.00 + Insurance Total $3000000.00 Insurance Review Date 06/01/2004 + Comments 5 YR OPTION + + After Recording Retum To: City of Bremerten City Attorney 239 Fourth Street Bremerton, WA 98337 LEASE AGREEMENT 1. Date and Parties. THIS LEASE AGREEMENT (the "Lease"), for reference puq3oses only, is dated the ~; day of ~er~ , 2002, and is entered into by and between the CITY OF BREMERTON, a municipal corporation, hereinafter referred to as "Landlord", and SCOTt ALEXANDER and DARYL MATHENY, collectively hereinafter refen~ed to as "Tenant". 2. General Recitals. A. The Landlord owns and operates a golf complex known as the Gold Mountain Golf Complex ('Gold Mountain"). Gold Mountain originally had one 18-hole golf course and a clubhouse. For purpose of this Lease, this 18-hole course shall be known as "Cascade Course" and this clubhouse as the "Old Clubhouse". The Ddving Range (the "Driving Range") is located on the Old Course. B. In 1996 the Landlord decided to expand the Gold Mountain Golf Complex by adding a new 18-hole golf course known as the Olympic Course. Additionally, the Landlord built a new clubhouse (the "Clubhouse") in 2001 at a total cost of $3.5 million The Landlord financed $3.1 million of the total cost of constructing the Clubhouse by selling bonds (the "Bonds"), the interest on which is not included in gross income for federal income tax purposes. C. The Tenant has sewed the Landlord as its golf professional for many years. It is the desire of the Tenant and Landlord to continue this relationship. The Tenant and the Landlord are simultaneously, with the execution of this Lease, also entering into a Professional Services Agreement ("PSA") with the Tenant so that the Tenant will serve as the Golf Course Professional, and provide management services for Gold Mountain. D. As an inducement to have the Tenant enter into the PSA, and to assure that the customers receive all of the services that are customary for a golf course, the Landlord -1- has agreed to lease the Ddving Range and a portion of the Clubhouse to the Tenant. The portion of the Clubhouse to be leased to the Tenant is for a Golf Pm Shop. E. The Driving Range is located adjacent to the Cascade Course, ne'~her of which include improvements that were bond-financed. F. The Golf Pro Shop, the location of which is within the Clubhouse, is pictorially illustrated in Exhibit A attached hereto and by reference incorporated herein. The pro rata cost of construction for the Clubhouse that is attributable to the Golf Pro Shop is less than the Landlord's contribution to the cost of construction dedved from sources other than Bond proceeds, which contribution was approved in the Declaration of Official Intent of the Landlord adopted pursuant to federal tax law prior to the issuance of the Bonds and allocated by Landlord to area of the Clubhouse in which the Golf Pm Shop is located. G. The purpose of this Lease is to provide for the Tenant to operate the Pro Shop and Ddving Range while serving as the Landlord's Golf Professional under the terms of the Professional Service Agreement referenced above. 3. Pr~ises. The premises subject to this Lease are the Ddving Range located at the Gold Mountain Golf Complex and the Golf Pro Shop located in the new Gold Mountain Clubhouse (collectively, the "Promises') The Premises am located on the real property legally described as Section 36, Township 24 N, Range 1 West, WM in Kitsap County, Washington. 4. Use of Promises. A. The Golf Pro Shop may be used for all activities normally related to the retail activities of a golf course including, but not limited to, retail sales of golf related merchandise, equipment rental, and golf related p¢<)~=ssional services. The golf range may be used for all activities normally related to operating a golf range, including, but not limited to, providing lessons and rental of bells and equipment. B. The Tenant shall maintain an adequate stock of golf related merchandise to serve the playing public. C. The Tenant has the exclusive dght to rent practice balls on the Driving Range. The Tenant shell provide and maintain ball dispensing machines, ball retrieval and washing equipment. The Tenant shall be responsible for retrieving the balls. The Landlord shall be responsible for grass ralatad maintenance of the Ddving Range. D. The Tenant shall have the exclusive right to salvage golf balls from all water hazards at Gold Mountain. E. Tenant shall not use the Premises or any part thereof for any illegal purpose. Tenant shall not engage in any activity with respect to or on the Premises other than the express uses and purposes stipulated herein, without obtaining prior written consent from the Landlord, which consent can be withheld for any reason, Tenant agrees to conform to municipal, county, and state codes, statutes, ordinances, and regulations concerning the use and occupation of the Premises. -2- F. The Landlord and Tenant do not intend to allow the leased premises to be used in such a manner as to cause the interest on the Bonds to be included in gross income for purposes of federal income taxation. If it is determined that any use contemplated under the terms of this Lease, or the PSA referenced herein would cause the bonds to be pdvate activity bonds, then the parties agree, that without penalty to either party, the terms of this Lease and/or the PSA will be modified accordingly so as to preserve the exclusion of the interest on the Bonds from federal income taxation. 5. Term. The ten'n of this Lease shall be five years, commencing on January 1, 2002, and terminating on December 31, 2006, unless earlier terminated pursuant to the Lease provisions. Tenant is hereby granted an option to renew this Lease for an additional five year term under the same tmTns and conditions which shall occur automatically unless tenant and/or landlord provides written notice no sooner than January 1, 2006, and not later than July 1, 2006 of its intent to terminate the Lease. The termination of the Lease at the end of the initial term can be with or without cause, se long as the notice to terminate is timely given. 6. Professional Services Agreement. The Landlord and Tenant, contemporaneously with the execution of this Lease, have entered into the PSA, in which the Tenant agrees to perform the services of the Golf Professional for the Golf Complex and to operate the restaurant located within the new Gold Mountain Clubhouse. A breach of the PSA shell be deemed a breach of this Lease. The faithful performance of the PSA terms are part of the consideration for entering into this Lease. 7. Rent: Tenant shall be obligated to pay a base rent of thirty-three thousand dollars ($33,000) per year payable $4,750 on January 1, $11,750 on April 1, $11,750 on July 1, and $4750 on October 1 of each year during the term of this lease. In addition, the Tenant shall pay, as additional rent, eight percent (8%) of the gross revenues from ddving range fees. The percentage-based amount shall be paid quarterly for the preceding quarter, payable on Apd115, July 15, October 15 and January 15. Tenant shall provide a quarterly accounting to the Landlord of all ugross revenues" at the same time it makes the quarterly payment. The Landlord reserves the right to inspect the financial statements and records of the Tenant at any reasonable time and may require accounting to be performed in accordance with Landlord's audit standards. 8, Taxes. The Tenant shell be responsible for the timely payment of all taxes associated with the businesses operated under the terms of this Lease. In addition, the Tenant shall pay all leasehold taxes imposed upon the Landlord and/or the Tenant as a result of this Lease. 9. Uf~ilities: The Landlord agrees to provide and pay all charges for elec~city, water, sewer, telephone, and for all other public utilities used in the Premises. The Landlord shall not be responsible for failure of provision of these sea, vices unless said failure is due to non- payment for services. Tenant shall pay for garbage and gas/propane for the entire clubhouse, and their proportionate share of the Intemet charge. t0. ~ublel;: Tenant shall not assign this Lease or sublet the whole or any portion of the Premises without first obtaining Landlord's written consent. Landlord may withhold its consent for any reason. Provided, however, the Tenant may transfer the Lease to a wholly owned corporation or limited liability company for tax purposes or third party liability purposes. -3- However, the Tenant shall remain personally liable to Landlord for the faithful performance of all Lease terms. If consent is once given by Landlord to the assignment of the Lease, or any interest therein, Landlord shall not be barred from afterward refusing to consent to any further assignment. 11. Repairs and Maintenance: The Premises have been inspected and are accepted by Tenant in their present condition, and Tenant will at all times keep the Premises neat, dean and in a sanitary condition. Landlord shall maintain at its sole expense the building, including but not limited to, the roof, foundations, exterior walls, structural members, guttem, downspouts, concealed and underground plumbing end utilities of the Premises in good condition and repair, except that Tenant shall be responsible for repair of any damage resulting from the negligence of Tenant, Landlord shall not be required to redecorate the Premises at any time. Tenant shall be responsible to maintain at its sole expense all the fumitura, fixtures and equipment. Tenant agrees that at the expiration of this Lease, Tenant will quit and surrender the Premises in a neat and dean condition, and will deliver all keys belonging to the Premises to Landlord. 12. Default. In case of violation of this Lease by Tenant, the Landlord shall notify Tenant in writing of such violation. The Tenant shall cure any default that imposes an immediate threat to the public health, safety or welfare within 24 hours. Any default in the payment of monies due under any provision of this Lease shall be cured within 10 days. All other violations shall be cured within thirty (30) days following the delivery of said notice. In the event of the failure of the Tenant to remedy any default or violation of the covenants, agreements, or conditions herein contained within the period of time specified in the notice, this Lease and all rights of Tenant hereunder shall be terminated and the Lessor shall have the right to enter upon the Premises and m-take possession thereof. Continued violations for same or similar reasons may be grounds for immediate termination if a subsequent violation occurs after the Landlord gives notice that it intends to terminate upon the further occurrence of similar violations. 13. Termination. This Lease shall terminate on December 31, 2006, unless extended pursuant to the provisions of paragraph 5 above. This Lease can be earlier terminated, or terminated during the extension period, for good cause. ~ cause shall mean any of the following; 1) failure to timely cure a default after notice as provided in paragraph 12 above; 2) termination of the PSA, 3) lack of sufficient insurance proceeds to rebuild or repair the facility after damage or destruction, 4) insolvency of the Tenant, or the appointment of a receiver to administer its financial affairs, or 5) any reason specified elsewhere in this Lease, or the attachments hereto, that is designated as grounds for termination. Upon the termination of the Lease, the Tenant shall vacate the Premises, and the Landlord may immediately reenter and take possession of the Premises without the necessity of a court order to do so. 14. Acoidents and indemrtity: Tenant agrees to defend, indemnify and hold Landlord harmless from all loss, damage, liability or expense resulting from any injury to any person or any loss of or damage to any property caused by or resulting from any act or omission of Tenant or any officer, agent, employee, guest, invitee or visitor of Tenant in or about the Premises, but the foregoing provision shall not be construed to make Tenant responsible for injuries to third parties caused by the sole negligence of Landlord or any officer, agent, employee, guest, invitee or visitor of Landlord. Landlord shall not be liable for any loss or damage to person or property -4- sustained by Tenant, or other persons, which may be caused by theft or by any act of neglect of any tenent or occupant of the building, or of any other parson, or by any other cause, unless Landlord is judicially found solely negligent for such damage or injury. Tenant further agrees to procure, at no expense to the Landlord, industrial insurance for all employees of Tenant. 15. Liens: Tenant shall keep the Premises end the Gold Mountain free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. 16. Access: Tenant will allow Landlord or Landlord's agent free access at all reasonable times to the Premises for the purpose of inspection, or of making repairs, additions or alterations to the Premises or eny property owned by or under the control of Landlord, but this dght shall not be construed as an agreement on the part of Landlord to make any repairs other than those repairs for which Landlord is responsible pursuant to the terms hereof. Landlord shall have the fight to show the intedor of the Premises to interested parties for thirty (30) days prior to the expiration of this Lease. By mutual agreement of the Director of Parks and Recreation and Tenant, portions of the Clubhouse may be provided on a non-interference basis with no room charges assessed when conducting Landlord's business. Room set-up is the responsibility of the Landlord. 17. Fire Insurance, Hazards: A. No use shall be made or permitted to be made of the Premises, nor acts done, which wilt increase the existing rate of insurance upon the Clubhouse or cause the cancellation of any insurance policy covering the Clubhouse, or any part thereof, nor shell Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to the Premises and resulting from Tenant's business activ'rties, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance covering the Premises, Clubhouse and appurtenances. In the event that Tenant fails or refuses to comply with any and all such requirements then Landlord may, at its option, assess the Tenant any increases in such fire and public liability insurance premiums caused as a result thereof and the Tenant shall pay the same upon demand as additional rent or Landlord may declare the Tenant to be in default under the terms of this Lease. B. Landlord hereby releases Tenant of and from every and all fight, claim and demand the Landlord may hereafter have against Tenant or Tenant's successors or assigns arising out of or in connection with any loss or losses occaslonad by fire and such items as are included under the normal extended coverage clause of fire insurance policies and to the extent of the policy limits, and does hereby waive all rights of subrogation in favor of insurance cardem against the Tenant arising out of any lawsuit occasioned by fire and such items as are included under the normal extended coverage clause of fire insurance policies and sustained by Landlord in or around the Premises. Tenant hereby releases Landlord from any and every right, claim and demand that Tenant may hereinafter have against Landlord or landlord's successors or assigns arising out of or in connection with any lawsuit occasioned by fire and such items as are included under the normal extended coverage clause of fire insurance policies, and does hereby waive all fights of subrogation in favor of insurance carriers against Landlord adsing out of any loss occasioned by fire and such items as are included under the normal extended coverage clause of fire insurance policies and sustained by Tenant to the trade fixtures, equipment and -5- merchandise on the Premises. The waiver provided for in this paragraph shall be applicable and effective only in the event such waivers are attainable from the insurance cardem concerned. 18. Uabilitv Insurance: Tenant, at its own expense, shall provide and keep in force with companies acceptable to Landlord, comprehensive public liability, including products liability insurance for the benefit of Landlord and Tenant jointty against liability for bodily injury and property damage in the amount of not less than one million dollars ($1,000,000.00). Tenant shall furnish Landlord with a certificate of such policy within thirty (30) days of the commencement date of this Lease and thereafter shall satisfy Landlord that such policy is in full force and effect. Such policy shall name Landlord as an additional insured and shall be primary and noncon~buting with any insurance carded by Landlord. The policy shall further provide that it shall not be cancelled or altered without twenty (20) day's prior written notice to Landlord. This requirement can be met by jointly purchasing (i.e. 50/50) a comprehensive golf insurance package with the Greens Superintendent. 19. Damace or D~slF~l~ion: In the event the Premises, other than the Clubhouse are damaged to such an extent as to render the same unusable in whole or in substantial part, or are destroyed, Tenant shall give Landlord or Landlord's agent immediate written notice thereof, and it shall be optional with Landlord to repair or rebuild the same. Landlord shell have not more than ninety (90) days after date of such notification to notify Tenant in writing of Landlord's intention to repair or rebuild the Premises, or the part so damaged and, if Landlord elects to repair or rebuild Premises, Landlord shall prosecute the work of such repairing or rebuilding without unnecessary delay, and during such period the rent of the Premises shall be abated in the same ratio that treat portion of the Premises rendered for the time being unfit for occupancy shall bear to the whole of the Premises. If Landlord shall fail to give the notice aforesaid, Tenant shell have the right to declare this Lease terminated by written notice served upon Landlord or Landlord's agent. In the event that there is not sufficient insurance to pay for the repair or rebuilding of any damaged structure, then the Landlord, in its sole discretion, may terminate this Lease. Provided, however, prior to terminating the Lease for this reason, the Landlord shell discuss with the Tenant other ways to provide for the funding shortfall, but such will not prohibit the Landlord from terminating the lease. In the event the Clubhouse is damaged (even though the Premises shall not be damaged thereby) to such an extent that in the reasonable opinion of Landlord it shall not be practicable to repair or rebuild, or is destroyed, then it shall be optional with Landlord to terminate this Lease by written notice served on Tenant within thirty (30) days after such damage or destruction. 20. Notices: All notices under this Lease shall he in writing and delivered in person or sent by registered or certified mail to Landlord in care of Bremerton City Clerk, 239 Fourth Street, Bremerton, Washington 98337, and to Tenant at P.O. Box 197, Bremerton, Washington 98312, effective as of the posbnark time and date, or to such other place as may hereafter be designated by either party in writing. 21. Alterations: Tenant shall not make any alterations, additions or improvements in the Premises without first obtaining the consent of Landlord in writing, which consent can be withheld at Landlord's sole discretion. All alterations, additions and improvements, shall be at the sole cost and expense of Tenant, and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease. If Tenant shall perform work with the consent -6- of Landlord, as provided above, Tenant agrees to comply with all laws, ordinances rules and regulations of the City of Bremerton and any other authorized public authority. Tenant further agrees that workmanship will be of a reasonable commercial quality, in color schemes in accordance with current building, standards, and free of mechanics liens. Tenant further agrees to save Landlord free and harmless from damage, loss or expense adsing out of such work. 22. Costs and Attorney Fees: If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs and attomey fees in connection therewith. It is agreed that the venue of any legal action brought under the terms of shall be in Kitsap County. 23. Amendments: This Lease may be amended at any time only by written agreement signed by the parties. 24. Insolvency: In the event that the Tenant shall become insolvent or go into bankruptcy, this Lease may be cancelled at the option of the Landlord without notice, and the Landlord may take immediate possession of the Premises and the whole thereof and the same shall not become an asset in bankruptcy. 25. Nondiscrimination: Tenant shall not discriminate in employment or services to the public on the basis of sex, race, color, creed, national origin, age, marital status, physical, mental or sensory handicap except an employment action based on a bona r~le occupational qualification. 26. Waiver: Failure to insist upon strict compliance with any terms, covenants or conditions of this agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. 27. Bindim3 Effect: This Lease shall be binding upon the heirs, successors, assigns and all other parties legally empowered with signatory rights of any or all of the parties hereto. 28. Invalidity qf Provi$i9ne: Should any term, provision, condition or other portion of this lease ha held to be inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this Lease and the remainder of this Lease shall be effective as if such term, provision, condition or portion had not been contained herein. 29. Previous Aamements Su~'seded: The terms and conditions of this Lease supersede the terms, obligations and conditions of any existing or prior agreement between the parties regarding the subject matter of this Lease. -7- 30. Entire Aere~ment. This Lease, including the exhibits and statutes re~erenced herein contain the entire agreement between the Parties and are the embodiment of all written or oral representations between the parties hereto. LANDLORD: TENANT: ATI'EST: KATHLEEN L. McCLUS~<EY, ~LERK APPROVED AS TO FORM: STATE OF WASHINGTON) County ~ ) I cerlJfy that I know or have satisfactory evidence that SCOTT ALEXANDER and DARYL MATHENY am the persons who appeared before me, and said persons acknowledged that they signed this insb-ument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. NOTARY~UBLIC My appointment exp~es: STATE OF WASHINGTON) ~ ) ss, County / - I certify that I know or have satisfactory evidence that CARY BOZEMAN is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she was authorized to execute the instrument and acknowledged it, as the Mayor of the City of Bremerton, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument OA Print Name: ~ My appointment ex~s: b~22497~dmtn~ase2-11 .d{3c -9- EXHIBIT "A" Golf Pro Shop new Gold Mountain Clubhouse MAIN LEVEL FL'OOR PLAN no~e CLUE. HOUSE