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HomeMy WebLinkAbout14-072 - Starfire Sports - Foot Golf Memorandum of Understanding (Foster Golf Course)14 -072 Council Approval N/A STARFIRE SPORTS AND CITY OF TUKWILA FOSTER GOLF LINKS MEMORANDUM OF AGREEMENT This Memorandum of Agreement ( "Agreement ") is entered into on this 4th day of June, 2014 by and between Starfire Sports ( "Starfire "), a Washington not - for - profit corporation, and the City of Tukwila, a Washington municipal corporation, doing business as Foster Golf Links ( "Foster "). It is the desire of Starfire and Foster to enter into an agreement for the purpose of cross promoting Starfire programs and events and Foster FootGolf. This Agreement constitutes the entire understanding and agreement of the parties and no amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all of the parties hereto. 1. Term of the Agreement. The Term shall be defined as the period commencing June 4, 2014 through June 4, 2015. 2. Obligations of the Parties: Foster and Starfire will undertake the following obligations during the term of the agreement: 2.1 Foster. Foster will undertake the following obligations: 2.1.1 Foster will include Starfire logo on all FootGolf scorecards 2.1.2 Foster will include Starfire logo on all FootGolf promotional fliers. 2.1.3 Foster will mention Starfire in newsletters to their member database 4X / year. 2.1.4 Foster will offer discounts to Starfire Premier Members as follows: (Rates for 18 Holes) Adults: $16 walking / $23 with golf cart Juniors: $8 walking 2.2 Starfire. Starfire will Undertake the following obligations: 2.2.1 Starfire will mention Foster FootGolf in the summer monthly newsletters. 2.2.2 Starfire will display Foster FootGolf promotional filers at their facility. lb:. 6-1 2,2.3 Starfire will include a Zink to Foster FootGolf on Starfire Tournament pages. 3. Indemnification. Each party agrees to indemnify, defend and hold harmless the other, its staff, officers, agents, and employees from any claims or actions, suits, Toss, costs, expenses and damages of any nature whatsoever, including costs and attorney fees in defense and costs on appeal thereof that arise out of the terms of this agreement. 4. Confidentiality. Starfire and Foster acknowledge that they may obtain confidential information from each other and agree to keep and maintain such information confidential and not to disclose or use such information without the other party's prior written consent, except as required by state or federal law or legal discovery. 5. Notices: All requests and notices require or permitted, will be deemed accepted if directed to the recipient at the address or facsimile number listed below or to such other address provided in advance. If to Starfire: Starfire Sports Attn: Ben Oliver 14800 Starfire Way Tukwila, WA 98188 Fax: (206) 431 -6811 If to Foster: Foster Golf Links Attn: Warren Orr 13500 Interurban Ave South Tukwila, WA 98168 Fax: (206) 246 -4064 6. Assignment. This Agreement shall not be assigned or transferred by either party without the express written consent of the other, which consent may not be unreasonably withheld. By signing below, each party indicated their respective acceptance and approval of the foregoing statements of mutual intentions. i1.� Accepted and approved this !( day of June, 2014. STARFIRE SPORTS: By: Name: Ben Oliver Title: General Manager 0- CITY OF TUKWILA: ...1 1 vv\ tie, --4v r� Title: M 1 or c