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HomeMy WebLinkAboutAmerican Golf Corporation - Las Palmas Golf Course Lease - Amendment to Agreement - 2026 Docusign Envelope ID:53BCF09F-ACF3-4D2E-A41F-CCE1FC9A0252 AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN GOLF CORPORATION THIS AMENDMENT TO THE AGREEMENT is entered into this 2nd day of December, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY" or "LANDLORD"), and AMERICAN GOLF CORPORATION ("TENANT"). RECITALS WHEREAS, the CITY and TENANT entered into a Lease and Operating Agreement for the Las Palmas Municipal Golf Couse on May 3, 1984 (the "Agreement" or "Lease"), wherein CITY leased real property to TENANT for operation of a golf course for an initial term of five (5) years, with the option to extend this term for up to seven (7) five-year extensions at the discretion of TENANT, plus two (2) additional five-year option periods at the discretion of CITY; and WHEREAS, on July 2, 1985, CITY and TENANT entered into an amendment to the Agreement to modify language related to the "Construction Period," from which time the lease term would commence; and WHEREAS, TENANT exercised all seven (7) extensions at its discretion, extending the Agreement to August 31, 2025; and WHEREAS, on August 19, 2025, the City Council of CITY approved further extending the Agreement by sixty (60) days to October 31, 2025 to allow sufficient time to evaluate compliance with the obligations of the Agreement and consider potential modifications to the Agreement, and to ensure continuation of golf course operations by TENANT in the interim; and WHEREAS, in order to allow additional time to negotiate potential modifications to the Agreement, CITY desires to further extend the Agreement by one hundred twenty (120) days, and TENANT is willing to continue to perform such services; and WHEREAS, the parties desire to amend the Agreement by extending the term of the Agreement to February 28, 2026. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The May 3, 1984 Agreement is hereby amended to further extend the term of the Agreement by one hundred twenty (120) days to February 28, 2026. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the May 3, 1984 Agreement, as amended by prior amendments, shall remain in full force and effect. Docusign Envelope ID:53BCF09F-ACF3-4D2E-A41F-CGE1FG9A0252 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY AMERICAN GOLF CORPORATION By: By: FPM�L � Docu Signed by: � Ron Morrison, May r aff Ayll APPROVED AS TO FORM: Title: SQn1oY V i" From AQA :BY /%yam Barry J. Schultz tfL City Attorney Docusign Envelope ID:53BCF09F-ACF3-4D2E-A41 F-CCE1 FC9A0252 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY AMERICAN GOLF CORPORATION DocuSigned by: By: By: EAU E?A6►, Ron Morrison, Mayor APPROVED AS TO FORM: Title: Serloy V 1Gt eYm A By: Barry J. Schultz evL City Attorney