90-045s - Blackberry Farm - Don Brown, City Manager - Holder of Alcoholic beverage license�-d - Gc$S -
AGREEMENT BETWEEN
THE CUPERTINO PUBLIC FACILITIES CORPORATION
AND DONALD BROWN
DESIGNATING HIM AS HOLDER OF
ALCOHOLIC BEVERAGE CONTROL LICENSES
FOR BLACKBERRY FARM
WHEREAS, CUPERTINO PUBLIC FACILITIES CORPORATION,
(hereinafter known as "CPFC"), is the owner of certain real
property known generally as Blackberry Farm; and
WHEREAS, said real property is being operated by the CITY OF
CUPERTINO, as a public golf course under a certain lease between
CPFC and the CITY OF CUPERTINO dated April 3, 1991; and
WHEREAS, alcoholic beverages are sold and dispensed to the
public as a part of the operation of said golf course
necessitating the issuance of licenses by the Department of
Alcoholic Beverage Control for the State of California; and
WHEREAS, DONALD BROWN is the City Manager of the CITY OF
CUPERTINO and is responsible for the operation and administration
of said public golf course on behalf of the CITY OF CUPERTINO.
NOW, THEREFORE, IT IS HEREBY AGREED by the parties as
follows:
1. DONALD BROWN is designated and authorized to apply for
and maintain as an individual license holder all alcoholic
beverage control licenses required 'to be issued for the golf
course operation at Blackberry Farm.
2. DONALD BROWN shall receive no compensation for said
service, but shall be reimbursed for any and all direct costs he
incurs in relation to his application for, and renewal of, any
such licenses.
3. CPFC shall indemnify, defend, and hold harmless DONALD
BROWN for any claims, penalties, or fines incurred by him in
connection with his holding of such licenses, except for any
claim, penalty, or fine which results from an intentional act of
DONALD BROWN in violation of any statute, law, regulation, or
rule of any governmental agency relating to said licenses.
1
4. Either party may terminate this agreement upon thirty
(30) days written notice to the other party. Upon termination of
this agreement, DONALD BROWN shall forthwith abandon and forfeit
any lic nses held pursuant to this agreement.
i
DONALD BROWN
CALIFORNIA PUBLIC FACILI'T'IES CORPORATION
Date
�OZ
Chairman of the 8oVd Date
ATTEST:
Secr6tary
CONSENT OF THE CITY OF CUPERTINO
The CITY OF CUPERTINO hereby consents to the above
agreement.
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150.,l
Mayor Date
ATTEST:
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Clerk Date
2
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Date
CONSENT OF THE CITY OF CUPERTINO
The CITY OF CUPERTINO hereby consents to the above
agreement.
�z/-0-7
150.,l
Mayor Date
ATTEST:
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Clerk Date
2
RESOLUTION NO. 91-1
RESOLUTION OF i :O•-• OF DIRECTORS OF i
CUPERTINO PUBLIC FACILT= CORPORATION
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN
THE CUPERTINO PUBLIC FACILITIES CORPORATION
AND DONALD BROWN DESIGNATING HI14 AS HOLDER
OF •• • BEVERAGE CONTROL CE • - - U=y FARm
WHEREAS, an agreement between the Cupertino Public Facilities
Corporation and Donald Brown, outlining the terms and conditions for
designation of Donald Brown as holder of Alcoholic Beverage Control
licenses for Blackberry Farm, has been presented to the Board of
Directors; and said agreement having been approved by the Corporation
Treasurer and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Board and the
Secretary are hereby authorized to execute the agreement herein referred
to in behalf of the Cupertino Public Facilities Corporation.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of
the Cupertino Public Facilities Corporation this 1st day of April
1991 by the following vote:
vote Members of the Board of Directors
AYES: Goldman, Rogers, Sorensen, Szabo, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
/s/ Barb Koppel
Chaim of the Board
ATTEST:
/s/ Dorothy Cornelius
Secretary
AGREEMENT BETWEEN
THE CUPERTINO PUBLIC FACILITIES CORPORATION
AND DONALD BROWN
DESIGNATING HIM AS HOLDER OF
ALCOHOLIC BEVERAGE CONTROL LICENSES
FOR `BLACKBERRY FARM
WHEREAS, CUPERTINO PUBLIC FACILITIES CORPORATION,
(hereinafter known as "CPFC-"), is the owner of certain real
property known generally as'Blaekberry Farm; and
WHEREAS, said real property is being operated by the CITY OF
CUPERTINO, as a public golf course under a certain lease between
CPFC and the CITY OF CUPERTINO dated April 3, 1991; and
WHEREAS, alcoholic beverages are sold and dispensed to the
public as a part of the operation of said golf course
necessitating the issuance of licenses by the Department of
Alcoholic Beverage Control for the State of California; and
WHEREAS, DONALD BROWN is the City Manager of the CITY OF
CUPERTINO and is responsible for the operation and administration
of said public golf course on behalf of the CITY OF CUPERTINO.
NOW, THEREFORE, IT IS HEREBY AGREED by the parties as
follows:
1. DONALD BROWN is designated and authorized to apply for
and maintain as an individual license holder all alcoholic
beverage control licenses required to be issued for the golf
course operation at Blackberry Farm.
2. DONALD BROWN shall receive no compensation for said
service, but shall be reimbursed for any and all direct costs he
incurs in relation to his application for, and renewal of, any
such licenses.
3. CPFC shall indemnify, defend, and hold harmless DONALD
BROWN for any claims, penalties,,or fines incurred by him in
connection with his holding of such licenses, except for any
claim, penalty, or fine which results from an intentional act of
DONALD BROWN in violation of any statute, law, regulation, or
rule of any governmental agency relating to said licenses.
1
4. Either party may terminate this agreement upon thirty
(30) days written notice to the other party. Upon termination of
this agreement, DONALD BROWN shall forthwith abandon and forfeit
any licenses held pursuant to this agreement.
D0 N A D/'8R0WN
CALIFORNIA PUBLIC FACILITI4S CORPORATION
Chairman of the B rff
Date
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Da
ATTEST:
1�1/,5s�?/
Secretary Date
CONSENT OF THE CITY OF CUPERTINO
The CITY OF CUPERTINO hereby consents to the above
agreement.
ATTEST:
Cler
2
"4711f /?/
Date
Date