05-001, Deep Cliff Golf Course
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
No.~4sf6~
Fiscal Year 2005-2006
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BY THIS AGREEMENT made and entered into on the 1st day of January. 2005
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
(1) Deep Cliff Golf Course (2)
Address: 10700 Clubhouse Lane Cupertino. CA 95014 Phone: (408) 253-5357
Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Golf Instruction
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on Julv 1 2005 and shall be
completed by June 30. 2006.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
80% of resident fees.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, agents, and employees from
any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the
performance of this Agreement. CITY shall not be liable for acts of CONTRACTOR in performing services described
herein.
Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY a Certificate of
Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of
CITY'S Director of Administrative Services.
Non-Discrimination. It is understood and agreed that this Agreement is not a contract of employment in the sense that
the relation of master and servant exists between CITY and undersigned. At all times, CONTRACTOR shall be deemed
to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any contracts or other
obligations in executing this Agreement. CONTRACTOR certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of CITY.
Changes. This Agreement shall not be assigned or transferred without the written consent of the CITY. No changes or
variations of any kind are authorized without the written consent of the CITY. ~ ENTERED
CONTRACT COORDINATOR and representative for CITY shall be: - U
NAME: Michael Bookspun
DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have executed
the day and year first written above.
CONTZOR
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Title: ~//, dPt!/A/A6:itF/C
Social Security #: 9~- 3/'5 7t,/~S-
APPROVALS
DEPARTMEN
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Title: Recreation Coordinator
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EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
580-6449-7014
AMOUNT
$42,000
Addendum to Contract #54120 - Deep Cliff Golf Course
To: Gerry Benton, Deep Cliff Golf Course
From: Mike Bookspun, CPRD
Date: 1/7/05
Re: Addendum to Existing Contract
COMPENSATION: For the full performance of this Agreement, CITY shall pay
CONTRACTOR: COMPENSATION: For the full performance of this Agreement,
CITY shall pay CONTRACTOR: 80% of resident fees.
Note: The terms of this Addendum supersedes the pre-existing terms. All
other terms in the existing contract #54120 remain intact.
Department Head:
City ofKuperlino:
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:Title: Recreation Coordinator
Contractor:
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Title: ~k"/./ A~~