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HomeMy WebLinkAbout2026-41 - American Golf Corporation - Approval of an Amendment to the Lease and Operating Agreement for the Operation of the Las Palmas Municipal Golf Course RESOLUTION NO. 2026 -41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH AMERICAN GOLF CORPORATION FOR THE MAINTENANCE AND OPERATION OF THE NATIONAL CITY GOLF COURSE TO EXTEND THE AGREEMENT BY FIVE YEARS, AMONG OTHER UPDATES TO THE AGREEMENT TERMS. WHEREAS, on May 3, 1984, the City of National City ("City") and American Golf Corporation ("American Golf") entered into a Lease and Operating Agreement for the Las Palmas Municipal Golf Course (the "Agreement") for operation of the golf course located at 1439 Sweetwater Rd. for an initial term of five(5)years,with the option for seven (7)five-year extensions at the discretion of American Golf, plus two (2) additional five-year option periods at the discretion of City; and WHEREAS, on July 2, 1985, City and American Golf amended the Agreement to modify language related to the "Construction Period," from which time the lease term would commence, and subsequently entered into a number of other amendments to the Agreement to address contractual and operational updates, including fee updates; and WHEREAS, American Golf has exercised all seven (7) extensions at its discretion, extending the Agreement to August 31, 2025, and requested an offer of an additional five-year extension from City; and WHEREAS, the parties discussed further extending the Agreement through exercise of the City's option but, instead, extended the Agreement for sixty(60) days to October 31, 2025 to allow time to evaluate the requested extension and consider potential modifications to the Agreement, as approved by the City Council on August 19, 2025; and WHEREAS, on December 2, 2025, the parties again discussed extending the Agreement and extended the Agreement by an additional one hundred twenty (120) days to February 28, 2026 to allow additional time to negotiate potential modifications to the Agreement, and to ensure continuation of golf course operations in the interim, as approved by the City Council on December 2, 2025; and WHEREAS, under the Agreement, American Golf currently pays $72,000 annually for the operation of the property and an additional 10% of sales from green fees, cart rentals, and driving range, plus 6% of sales from pro shop, food and beverage sales; and WHEREAS, to ensure continuation of operations and maintenance of the golf course under updated terms that better reflect current standards and practices, City staff recommends approval of an Amendment to the Agreement with American Golf that extends the Agreement by five (5) years to February 28, 2031; increases the minimum annual rent to $100,000; increases revenue sharing to 10% for all categories; establishes a Capital Reserve Fund; and makes other administrative changes, including an indemnity provision, monthly coordination meetings, an annual review of fees charged, continuation offerings of youth golf lessons, and annual capital reporting. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby authorizes the Mayor to execute an Amendment to the agreement with American Golf Corporation to extend the agreement by five years to February 28, 2031, among other updated terms. Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 21st day of A 2026. n Morrison, Mayor ATTEST: /0-7:Shelley apel, MMC, City Clerk /44/1 APPROVED AS TO FORM: Skinner, Interim City Attorney Passed and adopted by the City Council of the City of National City, California, on April 21, 2026 by the following roll-call vote, to-wit: Ayes: Bush, Rodriguez, Yamane, Molina, Morrison Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: Ron Morrison Mayor of the City of National City, California Shelley Chapel City Clerk of the City of National City, California BY: lerY(/* ���' C,A4/////`Epp Shelley Chapel, MMC, City Clerk