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DRAFT <br />Last Updated: 2/8/2001 <br /> <br /> <br />CARLSK-129390v10 <br />MU125-33 <br /> <br /> ARTICLE IV: DUTIES AND RESPONSIBILITIES <br /> <br />A. Mutual Duties and Responsibilities. The parties agree to cooperate with each other toward <br />the common goal of effectively operating and maintaining The Bridges and other City departments, <br />facilities, and equipment. Whenever possible, golf course employees and other City employees will <br />assist each other in achieving this common goal. Such assistance will be provided at no additional <br />cost to the department or program receiving the assistance, provided, that the time spent by golf <br />course employees providing assistance at City facilities other than The Bridges is approximately <br />equal to the time spent by other City employees providing assistance to golf course employees. <br />Hammerschmidt will keep accurate time records for services rendered by golf course personnel <br />providing assistance to City departments other than The Bridges. <br /> <br />B. Hammerschmidt's Duties and Responsibilities. Hammerschmidt will be responsible for the <br />management and operation of The Bridges. Hammerschmidt will perform all functions and duties <br />required of his position as Golf Course Manager as set forth in the job description attached hereto as <br />Exhibit B and incorporated herein by reference, or as required by law or ordinance. <br /> <br />C. The City's Duties and Responsibilities. The City agrees to do the following: <br /> <br />1. Make all debt service payments, as required by golf course bond covenants, and ensure <br />adequate funding for agreed-upon capital improvement projects to the extent revenues from <br />The Bridges are available for such projects. <br /> <br />2. Approve an annual budget including adequate operating and capital outlays and base <br />salaries and maximum incentive pay for golf course employees by December 31 for the <br />subsequent year. Included in the budget will be the prices for all categories of green fees, <br />driving ranges, leagues, and golf cart rentals. In no event will these prices be reduced unless <br />by agreement of both parties. <br /> <br />3. Permit the use of specialized equipment owned by the City for special projects on the golf <br />course, provided that Hammerschmidt provides adequate advanced notice for scheduling of <br />such equipment. <br /> <br />4. The City shall refer all criticisms, complaints, and suggestions called to the City’s attention <br />regarding The Bridges to Hammerschmidt for study and appropriate action, and <br />Hammerschmidt shall review and investigate such matters and inform the City of the result <br />of such review and investigation and of any recommended remedial action. <br /> <br />D. Covenant Not To Compete. During the period when Hammerschmidt is receiving any <br />compensation under this Agreement, Hammerschmidt shall not, without the prior written consent of <br />the City in each instance, whether as shareholder, employee, officer, director, partner, sole proprietor,