HomeMy WebLinkAbout1985 CON American Golf Corporation - Las Palmas Golf Course Lease7D244r
LEASE AND OPERATING AGREEMENT
for
LAS PALMAS MUNICIPAL GOLF COURSE
between
THE CITY OF NATIONAL CITY
and
AMERICAN GOLF CORPORATION
Prepared by: DONALD F. McLEAN, JR.
City Attorney
THE CITY OF NATIONAL CITY
1243 National City Blvd.
National City, CA 92050
(916) 477-1181
Pm. p Deft. p
Ewa ►wr?,-H.-.3-1.-
Lisa Colucci N.P.
Witness:
Date' — �.
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EXHIBIT "B"
SCHEDULE OF, PROPOSED CAPITAL IMPROVEMENTS
1984
Item: Estimated Cost::
1. Fairway $ 50,000.00
2. Course Drainage 80,000.00
3. Irrigation System:
A.
B.
C.
Controllers
Valves
Sprinklers
4. Greens (9)
5. Tees (9).
6. Cart Paths
7. Trees
8. Clubhouse:
A.
B.
C.
Food 5 Beverage
Pro Shop
Cart Storage
9. Sand traps
10. Driving Range (including
lights)
11. Parking Lot Repairs
12. Lake Repair
13. Putting Greens
14. Fencing
15. Landscaping
16. Misc. (including items:
9,12,13,14,5 15)
140,000.00
63,000.00
27,000.00
20,000.00
10,000.00
70,000.00
70,000.00
15,000.00
75,000.00
Total $620,000.00
1. PROPERTY LEASED
2. USE OF PREMISES
3. TERM
INDEX
1
1
2
4. RENT 2
5. CAPITAL IMPROVEMENTS 8
6. TAXES • • 9
7. UTILITIES 10
8. REPAIRS AND ALTERATIONS ''10
9. MAINTENANCE 11
10. CONTROLLED PRICES 12
11. DAMAGE AND RESTORATION 13
12. OUIET ENJOYMENT 13
13. DEFAULT 13
14. INSURANCE 14
15. ASSIGNMENT AND SUBLETTING 15
16. NAME CHANGE 15
17. FREE GOLF LESSONS 15
18. PLACE OF CONSTRUCTION OF THIS LEASE 15
19. SERVI.CES TO BE AVAILABLE 15
20. EFFECT OF REQUEST FOR PROPOSAL AND SUBMITTED PROPOSAL 17
21. WATER RIGHTS 18
22. DAMAGES 19
23. RESERVATION OF RIGHT OF RE-ENTRY 19
cL
LEASE AND OPERATING AGREEMENT
FOR
LAS PALMAS MUNICIPAL GOLF COURSE
THIS AGREEMENT, dated May 3
, 1984, hereinafter
called "this Lease" is executed by the CITY OF NATIONAL CITY,
a municipal corporation, hereinafter referred to as "Landlord",
and AMERICAN GOLF CORPORATION, hereinafter referred to as "Tenant".
PROPERTY LEASED
1.1 Real Property (Premises)
Landlord hereby leases to Tenant and Tenant hires from
Landlord the improved real property, hereinafter called "the
Premises", located in National City, State of California, known
as Las Palmas Golf Course, described in Exhibit "A", attached
hereto, and made a part hereof.
Not withstanding any other provision of this Lease,
Landlord expressly reserves and retains unto itself, successors,
and assigns all rights in and to all minerals, oil, gas and other
hydrocarbons located in or beneath leased Premises,. provided,
that no lease shall be executed or drilling rights granted which
permit drilling on the fairways or golf course proper.
2. USE OF PREMISES
Tenant hereby covenants and agrees that the Premises
shall be used only and exclusively for the purpose of operating
thereon a public golf course, driving range, club house, restaurant
and bar for the dispensing of food and alcoholic or non-alcoholic
beverages, the furnishing of golf lessons, a golf pro shop, and
related uses customarily associated therewith.
Landlord hereby expressly reserves and retains the right
to define other uses customarily associated with the operation
of said golf course.
In no event shall Tenant use the herein Premises, nor
any portion thereof, for any other purpose than that hereabove
set forth, unless Tenant shall first have had and obtained the
written.approval of Landlord to so do.
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3,' TERM
The term of this Lease shall be for five (5) years,
provided that all of the Tenant's responsibilities are fully
complied with. In the event Landlord should notify Tenant of
a failure to comply with any of Tenant's responsiblities as noted
in this Lease, or its Exhibits, and Tenant fails to rectify such
failure within sixty (60) days, and such failure continues
thereafter, the Landlord may terminate this Lease. Provided
Tenant has fully complied with all the obligations contained in
this Lease, Tenant will have the option to extend this Lease at
the end of the initial term for seven 5-year terms by the giving
to Landlord written notice of such desire six (6) months before
the end of the particular term in question.
Landlord reserves the right to offer to Tenant, in
consideration for the successful performance of the period of
this Lease, two additional 5-year option periods. Tenant agrees
that the Landlord shall at its sole discretion, decide whether
or not said option periods shall be offered to Tenant.*
4. RENT
Tenant shall pay Landlord annual rent during the term
of this Lease for the Premises and equipment as provided in
paragraph 1 hereinabove (regardless of the condition 6f any equip-
ment, the depreciation and obsolescence of'which has been taken
into account in determining the total rent for the original Lease),
said annual rent to be net above, real and/or personal property
taxes, as follows:
A. During the term of this Lease, the annual rent
shall be the greater of either the minimum rent hereinafter set
forth for the periods stated or the percentage of gross sales
stated in this paragraph.
In no event shall any annual rental payment
be less than the following:
* These two additional 5-year option periods will be
subsequent to and are in addition to the initial 5-year lease
term and the seven 5-year renewal terms that are at the Tenant's
option. This means that, with all extensions, the total term of
this Lease can be 50 years.
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3.A CONSTRUCTION PERIOD
Landlord and Tenant both acknowledge that there will
be a Construction Period not to exceed 275 days that will occur
immediately after the execution of this Lease. During the
Construction Period, it will not be possible for golfers to
make use of the golf course and the driving range or facilities
appurtenant thereto. The term of this Lease and the Tenant's
obligation to pay annual rent will not commence until the end
of the Construction Period, that being the date when the
golf course reopens for play. During the Construction Period,
Tenant and its agents will have the right to go onto the
leased property to make all necessary capital improvements.
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1) Years 1 through, and including 8, $25,000.00
per year, with the first year rental due in advance on the
date of execution of this Lease.
2.) Years 9 through, and including 10, $36,000.00
per year (providing the Lease is renewed as herein provided);
3) Years 11 through, and including 15, $48,000.00
per year (providing the Lease is renewed as herein provided);
4) Years 16 through, and including 25, $60,000.00
per year (providing the Lease is renewed as herein provided);
5) Years 26 through, and including 40, $72,000.00
per year (providing the Lease is renewed as herein provided).
Beginning upon execution of this Lease and
continuing through the end of the eighth (8th) year of this Lease,
the percentages shall be as follows:
1) Sales from greens fees, cart rentals
and driving range - five percent (5%) of gross income;
2) Sales of food and beverages.- five percent
(5%) of gross income;
3) Sales from the Pro Shop - five percent
(5%).of gross income.
Beginning with the ninth (9th) year and
continuing through the end of the tenth (10th) year of this
Lease, provided the Lease is renewed as herein provided, the per-
centagesshall be as follows:
1) Sales from greens fees, cart rentals
and driving range - six percent (6%)of gross income;
2) Sales of food and beverages -five percent
(5%) of gross income;
3) Sales from the Pro Shop - five percent
(5%) of gross income.
Beginning with the eleventh (11th) year and
continuing through the end of the fifteenth (15th) year of this
Lease, provided the Lease is renewed as herein provided, the
percentages shall be as follows:
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1) Sales from greens fees, cart rentals
and driving range - seven percent (7%) of gross income;
2) Sales of food and beverages - five percent
(5%) of gross income;
3) Sales from the Pro Shop - five percent
(5%) of gross income.
Beginning with the sixteenth (16th) year and
continuing through the end of the twenty-fifth (25th) year of
this Lease, provided the Lease is renewed as herein provided,
the percentages shall be as follows:
1) Sales from greens fees, cart rentals
and driving range - eight percent (8%) of gross income;
2) Sales of food and beverages - six percent
(6%) of gross income;
3) Sales from Pro Shop - six percent (6%)
of gross income.
Beginning with the twenty-sixth (26th) year
and continuing through the end of this Lease, provided the Lease
is renewed as herein provided, the percentages shall be as follows:
1) Sales from greens fees, cart rentals
and driving range - ten percent (10%)'of gross income;
2) Sales of food and beverages - six percent
(6%) of gross income;
3) Sales from Pro Shop - six percent 6%)
of gross income.
B. For each and every year during the term hereof
commencing upon execution of this Lease, Tenant shall pay the
amount specified hereinabove as annual minimum rent for: the year
concerned in twelve (12) equal monthly installments, in advance,
on the first day of each and every month.
C. For each and every calendar quarter or frac-
tion thereof during the term of this Lease, Tenant shall pay to
Landlord on or before the last day of the next succeeding month,
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the sum of money determined by deducting the sum of the monthly
minimum rents for such preceding calendar quarter from the
percentage rent calculated for each preceding quarter. In no
event, however, shall the monthly rent to be paid by Tenant to
Landlord be less than the minimum rental herein specified. On
or before January 31 of each year, the total amount of percentage
rent for the previous calendar year shall be computed and, in
the event that the total amount of rentals paid for such calendar
year is not equal to the percentage rental payable pursuant to
the foregoing formula for such calendar year, then, Tenant shall
pay any deficiency to Landlord within thirty (30) days after such
deficiency is determined. In the event that the total amount
of rentals paid for any calendar year exceeds both the annual
minimum rental and the percentage rental payable pursuant to the
foregoing formula for such calendar year, Tenant shall receive
a credit equivalent to such excess, which may be deducted by
Tenant from the next percentage rental payment, if any, due under
this Lease, and if no percentage rental payment is due, then such
excess may be deducted by Tenant from the minimum rent for the
month next succeeding the end of the calendar year in which such
excess rent was paid.
4.1 Furnishing Statement of Gross Income.
Tenant shall submit to Landlord on or before the
20th day of each and every calendar month following a calendar
quarter (excluding the first year of the term hereof)at the place
then fixed for the payment of rent, together with the remittance
ofpercentagerent, a written statement signed by Tenant or a
person duly authorized by Tenant, and certified to be accurate
by a licensed certified public accountant, showing in accurate
detail the amount of gross income of the preceding calendar quarter,
and shall submit to Landlord on or before the 60th day following
the end of each year at the place then fixed for the payment of
rent, a statement signed by Tenant, or a person duly authorized
by Tenant, showing in accurate detail the amount of gross income
during the preceding year and the sales tax return filed by Tenant
5
with the State. The statements referred to herein shall be in
such form and style and contain such details and breakdown as
Landlord may reasonably determine.
4.2 Accounting Records.
A. In order to be able to verify statements fur-
nished Landlord in case of dispute, Tenant agrees to install and
maintain, to the standard of accepted accounting and auditing
practices, an appropriate set of bookkeeping records, during the
term of this Lease and for a period of twenty-four (24) months
after termination thereof, in the County of San Diego or the South-
ern California area.
B. Books and accounts hereinabove required shall
be kept or made available at the said golf course or elsewhere
within the County of San Diego, or the Southern California area
and Landlord shall have the right at any and all reasonable times
to examine and audit the same, within restriction.
4.3 Cost of Audit.
A. In the event of a dispute as to the accuracy
of the monthly or annual statements, and such dispute requires
an audit to resolve the dispute, and there is found to be a dis-
crepancy of five percent (5%) or more of rent due, the party proved
to be incorrect shall pay all costs and fees of conducting said
audit.
B. In the event Tenant fails or refuses to make
available its original books and records of account as hereinabove
provided at the said Premises or within the territorial limits
of the County of San Diego, Tenant agrees to pay Landlord ALL
necessary expenses incurred by Landlord in obtaining said books
and records and in conducting any audit at the location where
said books and records of account are maintained, notwithstanding
which party proved to be incorrect.
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4.4 Lease Year Defined.
A. "Lease Year" shall mean each period of
twelve (12) consecutive calendar months commencing on the execution
of this Lease and ending three hundred sixty-five (365) days later
(except during those years referred to as "Leap Years", which
shall consist of three hundred sixty-six (366) days), which falls
within the term of this Lease. Said "Lease Year" may be changed
by written agreement of the parties hereto.
B. Each Lease Year shall constitute a separate
accounting period for the purpose of computing percentage rent,
and gross income for any one Lease Year shall not be carried back
or forwarded into any other Lease Year.
C. In the event this Lease is terminated,
as hereinafter provided, prior to the end of the Lease Year, that
short period shall be subject to appropriate pro -ration.
4.5 Gross Income.
A. There shall be excluded from gross income
or deducted therefrom, if previously included:
1) Cash refunded or credit allowed
on returns by customers, but not exceeding in any one instance
the selling price of the item in question.
2) Sales taxes, excise taxes, gross
receipts taxes, and other similar taxes now or hereafter
imposed upon the sale of food, beverages, merchandise or
services
added to
property
trade.
paid by Tenant to the taxing authority whether
or included in the selling price.
3) Sales of trade fixtures or personal
to be replaced by Tenant which are not stock-in-
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4) Income paid for golf lessons directly
to instructor by student over which Tenant has no control.
5. CAPITAL IMPROVEMENTS
5.1 Improvements.
During the first twelve (12) months, or sooner,
of the Lease, Tenant agrees to make certain improvements to course.
The precise description of these capital improvements are listed
in Exhibit "B" attached hereto and made a part hereof (hereinafter
called "improvements").
5.2 Landlord Approval.
The plans and specifications for any construction,
repair, renovation or modification on premises having a value
of $10,000.00 or more, in such detail as may be required by Landlord,
shall be submitted to Landlord for its approval prior to the commence-
ment of any work and all such work shall be in accordance with
such approved plans. Tenant shall provide Landlord with one set
of reproducible As -Built plans for all construction, repair, restor-
ation or modification on the premises that has a value in excess
of $10,000.00.
5.3 Landlord's Obligation.
Landlord agrees to reimburse Tenant for capital
improvements made by Tenant to course a sum of $200,000.00 as
follows:
A. $40,000.00
1) When all rough grading (including drain-
age) has been completed.
B. $90,000.00
and
•
1) When all fine grading has been completed;
2) Irrigation system is operational; and
3) Greens, Tees and Fairways have been seeded.
C. $25,000.00
1) When Driving Range has been completed.
8
D. $30,000.00
1) When Clubhouse is completed; and
2) Parking Lot has been repaired; and
3) Trees have been planted.
E. $15,000.00
1) When course is completed and open for
play.
When Landlord is notified by Tenant that one of
the above (A, B, C, D, and E) portions of the total capital improve-
ments has been completed by Tenant, Landlord will inspect and
approve said work and will pay to Tenant the appropriate sum due
within thirty (30) days of Tenant's original notification. Both
Landlord and Tenant agree that under no circumstances will Land-
lord's contribution exceed $200,000.00.
5.4 Bonds.
Prior to the commencement of any construction costing
in excess of $10,000.00, except where such work is carried on by
Tenant's employees, Tenant shall furnish evidence satisfactory
to Landlord that Tenant is financially able to pay the contractor,
workmen and materialmen and shall furnish, if requested by Landlord,
to the Landlord a bond in an amount, in form, and with surety
acceptable to Landlord, naming Landlord and Tenant as obligees
and insuring completion of the proposed work free and clear of
all liens, without cost to Landlord. In the event Landlord so
requests in writing, Tenant agrees to bond the improvements during
the first year of the term of this Lease.
6. TAXES
6.1 Personal Property Taxes
Tenant shall be responsible for the payment before
delinquency of property taxes levied on the equipment or other
facilities as may be installed in or on the premises.
9
6.2 Possessory Interest Tax.
A. Tenant shall be responsible for the payment
before delinquency of all possessory interest taxes levied against
•
the demised Premises.
B. Anything herein contained to the contrary
notwithstanding, Tenant shall have the right in good faith, at
its
any
sole cost and expense, to contest the amount or legality of
said possessory interest taxes on or attributable to the Pre-
mises, including the right to apply for the reduction thereof,
and Landlord shall cooperate fully with Tenant in connection therewith,
provided, however, Tenant shall prosecute any such contest with
due diligence, and shall, forthwith upon the final determination
thereof, pay the amount of said
attributable to the Premises as
interest, penalties, costs
connection therewith.
C. If any
possessory interest taxes on or
so determined together with
and charges
which may be payable
any
in
said possessory interest taxes on or
attributable to the Premises are payable in installments, Landlord
agrees to execute and join with Tenant in the execution of any
application or other instrument which may be necessary to permit
the payment thereof in such installments, and in such event Tenant
shall pay and be liable hereunder only for the installments or
portions of installments thereof which are payable during the Lease
term and any interest due thereon.
7. UTILITIES
Tenant shall pay before delinquency all charges
for water, gas, heat, air cooling, electricity, power,_ telephone,
pump taxes and other utility services used on or serving the Pre-
mises during the Lease term.
8. REPAIRS AND ALTERATIONS
8.1 Repairs.
A. Tenant acknowledges that it is acquiring the
Premises solely in reliance on its own investigation thereof that
10
no representations, warranties or statements have been made by
Landlord concerning the condition of fitness thereof, and that
by taking possession of the Premises and equipment, Tenant accepts
same in their present condition, "as is".
B. Landlord agrees to assist Tenant with silt
removal. The nature and extent of Landlord's obligation to
"assist" Tenant with silt removal shall be as agreed upon between
the parties in memorandums executed by Landlord's and Tenant's
authorized representatives, but in no event, will Landlord's
obligation exceed the equivalent in labor and materials, of 100
man days of Public Works crew effort, with a value of approximately
$8,000 to $16,000 annually, at cost in 1984 dollars.
C. Landlord shall not be obligated to make repairs,
replacements or additions of any kind whatsoever to the Premises,
including the building thereon and the equipment, facilities and
fixtures therein contained, which Premises, building, sewer lines,
cesspool plumbing, piping, wiring, equipment, facilities and fix-
tures shall, at Tenant's sole expense, be kept, repaired, maintained,
replaced, or added to ,at all times by Tenant in good order and
in sanitary and safe condition and repair.
9. MAINTENANCE
In connection with the maintenance and condition of
the golf course, Landlord and Tenant may form a Monitoring Board
at Landlord's sole discretion. The Monitoring Board will be com-
posed of three persons: one selected by the Landlord and one
by Tenant. Those two persons will select a third from an approved
list of highly qualified golf course architects and/or maintenance
persons. This Board will meet once a month, or as often as necessary,
to review the condition of the golf course. The Monitoring Board
will have the power to make recommendations as to better mainten-
ance. The Monitoring Board will act upon a majority rule. In
the event these recommendations are not complied with, Landlord
may term}nate this Lease, said failure to follow the Monitoring
Board's recommendation being declared to be a material breach
of the Lease.
11
9.A TENANT'S OBLIGATION
The recommendations of the Monitoring Board do not
constitute additional conditions of this Lease. Tenant will
have a reasonable time in which to cure or correct any material
problem in the condition of the golf course. Exhibit C to this
Lease indicates a reasonable standard of maintenance and
conditions for the golf course and the Monitoring Board's
recommendations shall not, in any case, exceed these standards.
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C�-
10. CONTROLLED PRICES
10.1. Tenant shall at all time maintain a complete
list or schedule of the prices charged for all goods or services,
or combinations thereof, supplied to the public on or from the
Premises hereby demised whether the same are supplied by Tenant
or by Tenant's subleasee, assignees, concessionaires, permittees
or licensees. Said prices shall be fair and reasonable, based
upon the following two (2) considerations.
First, the property herein demised is intended
to serve a public use and to provide needed facilities to the
public at fair and reasonable cost.
Second, that Tenant is entitled to a fair
and reasonable return upon Tenant's investment pursuant to this
Lease.
10.2. All fees charged to patrons at the demised
Premises will be comparable to those fees charged by comparable
competing Southern California public golf courses for similar
goods and services and facilities.
As of date of execution of this Lease, Tenant
suggests and Landlord agrees that green fees and cart fees will
be as follows:
Green Fees 9 Holes 18 Holes
Weekdays $ 3.50 $ 5.00
Seniors & Juniors (weekdays) 3.00 4.00
Seniors & Juniors (weekends) 3.50 after 12 noon 5.00
Weekends 4.50 8.00
Seniors & Juniors mo. ticket 15.00 weekdays & weekends
Plus $1.00 for each 9 holes played. afternoon.
For purposes of this Section, "seniors" shall
mean all persons 60 years old or older; and "juniors" shall mean
all persons 16 years old or younger.
Carts 6.00 11.00
10.3. Tenant agrees to honor monthly player cards
outstanding as of the date of this Lease.
12
10.4 Tenant further agrees tha* changes in green
fees, prices or policies will first require the approval of Land-
lord, which approval shall not be unreasonably withheld.
11. DAMAGE AND RESTORATION
11.1 Duty to Restore.
If the improvements on the Premises are par-
tially or totally damaged by fire or any other casualty so as
to become partially or totally untenable, this Lease shall not
terminate and said improvements shall be rebuilt by Tenant with
due diligence at Tenant's expense. Tenant shall insure said im-
provements, pursuant to Section 14 hereinbelow.
12. QUIET ENJOYMENT
Subject to the provisions of this Lease and conditioned
uponperformance of all of the provisions to be performed by Tenant
hereunder, Landlord shall secure to Tenant during the Lease term
the quiet and peaceful possession of the Premises and all rights
and privileges appertaining thereto.
13. DEFAULT
13.1 Notice and Remedies.
In the case of Tenant's failure to pay rent
or any other monetary obligation of Tenant hereunder, Tenant shall
have a period of 60 days after notice thereof from Landlord to
cure such monetary default. In the case of Tenant's failure to
perform any of Tenant's other obligations under this Lease, or
any part theroef, when due or called for hereunder, Tenant's shall
have a period of 60 days after notice from Landlord specifying
the nature of Tenant's default within which to cure such default;
provided that if the nature of a non -monetary default is such
that it cannot be fully cured within said 60 day period, Tenant
shall have such additional time as may be reasonably necessary
to cure such default so long as Tenant proceeds promptly after
service of Landlord's notice and proceeds diligently at all times
to compelte said cure. If Tenant fails to comply with the fore-
going provisions, Tenant shall be deemed to be in breach of this
Lease, and Landlord with or without further notice or demand of
any kind may at its option:
13
10.5 Landlord and Tenant agree that the standard to
be applied in making and approving changes in greens fees, cart
fees or other prices is provided by Section 10.2 of this Lease,
that being fees comparable to those charged by comparable and
competing Southern California public golf courses.
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Terminate Tenant's ric, _ to possession
of the Premises and equipment because of such breach and recover
from Tenant all damages allowed under Section 1951.2 of the Califor-
nia Civil Code, including, without limitation, the worth at the
time of the award of the amount by which the unpaid rent for the
balance of the term after the time of award exceeds the amount
of such rental loss for the same period that Tenant proves could
be reasonably avoided, or
B. Not terminate Tenant's right to possession
because of such breach, but continue this Lease in full force
and effect; and in that event (1) Landlord may enforce all rights
and remedies under this Lease, including the right to recover
the rent and all other charges due hereunder as such rent and
other charges become due hereunder, and (2) Tenant may assign
its interest in this Lease with Landlord's prior written consent,
which consent shall not be unreasonably withheld.
14. INSURANCE
Tenant shall keep or cause to be kept insured for the
mutual benefit of the Landlord and Tenant with an insurance company
reasonably acceptable to Landlord, all building and structures
located on or appurtenant to the Premises against loss, or damage
by fire and such other risks as are now or hereafter included
in an "extended coverage endorsement" in common use for commercial
structures, including vandalism and malicious mischief. Such
policies shall be in an amount equal to eighty percent (80%) of
the insurable value of such buildings and structures, and Landlord
shall be named in said policy as an additional named insured.
Said policies shall provide that Landlord shall receive at least
ten (10) days notice prior to cancellation or termination thereof.
Tenant shall deliver to Landlord upon execution hereof a copy
of such policies.
Tenant shall secure and maintain at its own expense
during the term of this Lease comprehensive public liability in-
surance with combined single limit coverage in the amount of
14
$500,000.00 per person and $1,000,000.00 per occurrence. The
coverage of Tenant's liability insurance shall be primary and
in addition to any carried by Landlord. Said insurance shall
be in a company or companies satisfactory to Landlord and shall
designate Landlord as an additional insured thereunder and shall
provided for thirty (30) days notice to Landlord prior to cancella-
tion or termination thereof. Tenant shall furnish evidence satis-
factory to Landlord that such insurance has been obtained and
that premiums have been paid as required.
15. ASSIGNMENT AND SUBLETTING
Tenant shall not sublet or assign any portion or interest
in this Lease without first obtaining the written consent of the
Landlord. Landlord shall have right to approve all sub -tenants
and their contracts.
16. NAME CHANGE
It is agreed by both parties that when the course is
re -opened for public play the name of the course will be changed
from Las Palmas Golf Course to National City Municipal Golf Course.
17. FREE GOLF LESSONS
Tenant agrees to offer during the first five (5) year
term of this Lease a free golf lesson program for the citizens
of National City that is acceptable to both parties.
18. PLACE OF CONSTRUCTION OF THIS LEASE
This Lease is made and entered into in National City,
California, and is to be performed in National City, California.
In the event of any dispute, disagreement, or action arising under
this Lease, the proper place for the determination of such dispute,
disagreement or action is National City, California.
19. SERVICES TO BE AVAILABLE
19.1. Management.
The Tenant agrees that he will operate and
manage the services and facilities offered in a first-class manner
and comparable to their first-class concessions providing similar
facilities and services during the entire term of the Lease. Where
such facilities are provided, Tenant agrees that he shall and
15
will maintain a high standard of service at least equal to that
of other competing Southern California public golf courses, in-
cluding the services of a class A PGA pro or another qualified
professional who meets Landlord's reasonable requirements, as
determined by the Landlord's Golf Course Committee in consulta-
tion with Tenant, and to those prevailing in such areas for similar
products and services and without discrimination.
19.2. Food Operations.
Food operations shall be operated in such
a manner as to maintain a Health Inspection Rating of "A".
Food operations also shall be open and available
during all hours of operation of the golf course and shall provide
hot and cold food items on a full service basis during such hours
of operation.
Landlord agrees that Tenant shall obtain and
keep current licenses as required for the on Premise sale and
serving of alcoholic beverages.
19.3. Hours of Operation.
The Tenant agrees that he will conduct business
on the leased premises to conform with the published hours and
days of operation as established, and in the best interest of
the public, unless otherwise approved in writing by the Landlord.
19.4. Concession employees.
Tenant will ensure that its employees shall
at all times conduct themselves in a creditable manner, and they
shall conform to all course rules, regulations and requirements,
as well as all rules and regulations as hereafter may be promulgated
or put into operation by the Landlord. The Tenant shall maintain
a staff adequate to Landlord's satisfaction and administer all
facilities located on said Premises.
19.5. Merchandise and Equipment.
The Landlord retains the right to require
the Tenant to discontinue sale or use of those items that are
of a quality unacceptable to the Landlord.
16
()A
19.6. continued Occupancy.
The Tenant covenants and agrees to, and it
is the intent of this Lease that the Tenant shall, continuously
and uninterruptedly during the term of this Lease, occupy and
use the Premises for the purpose hereinabove specified, except
while Premises are untenantable by reason of fire, flood, or other
unavoidable casualty, and, in that event, Landlord shall be promptly
notified by Tenant.
19.7. Inspections.
Landlord may make an inspection of the leased
Premises at any reasonable time for the protection of properties
and in the best interest of the public.
19.8. Maintenance of Premises.
Tenant agrees to maintain the Premises in
first class condition, which shall include but not be less than
the condition of said Premises at the time Tenant first occupies
the same.
Tenant shall give prompt notice to. Landlord
of any fire or damage that may occur from any cause whatsoever.
Tenant shall, to the satisfaction of Landlord, keep and maintain
the leased Premises and all improvements of any kind which may
be erected, installed or made thereon by Tenant in good and sub-
stantial repair and conditions, including painting, and shall
make all necessary repairs and alterations thereto.
Tenant expressly agrees to maintain the Premises
in a safe, clean, wholesome and sanitary condition, to the complete
satisfaction of Landlord and in compliance with all applicable
law. Tenant further agrees to provide proper containers for trash
and garbage and to keep the demised Premises, both land: and water
areas thereof, free and clear of rubbish and litter. Landlord
shall have the right to enter upon and inspect the same Premises
at any time for cleanliness and safety.
20. EFFECT OF REQUEST FOR PROPOSAL AND SUBMITTED PROPOSAL
It being the desire and intent of the parties hereto
that the spirit as well as the letter of this Lease be binding
and enforceable, the Landlord's "Request for Proposal Municipal
17
Golf Course Maintenance and Operation City of National City, Calif-
ornia", and Tenant's "Proposal for the Operation of the Municipal
Golf Course" are hereby incorporated herein by reference only,
the same as if fully set forth herein, and the provisions thereof
shall be utilized in interpreting any provision of this Lease
that comes into dispute.
21. WATER RIGHTS
The parties acknowledge the presence in the Premises
of a producing water well. All rights to said well and its appur-
tenant parts, and all rights to water appurtenant to said well,
and to the demised Premises, shall remain the sole and exclusive
property of
therein are
shall maintain said well in
such repairs, and performing
necessary therefore, subject
the City of National City, and no rights and interests
conveyed by this Lease. During the term hereof, Tenant
class working order, making
first
such maintenance as is reasonably
to the further right of the Landlord
to inspect and test said well from time to time and require per-
formance of such repair, maintenance and restoration work as may
be necessary to maintain said well in first class working order.
During the term of this Lease, Landlord shall have the right to
pump said water from said well to meet the demands of the Landlord
as the same is determined by the Landlord in its sole discretion,
paying to Tenant its actual out-of-pocket expense incurred by
virtue of the Landlord's use of said well. Landlord reserves
to itself, in its discretion, the right to enter upon the demised
Premises and construct such other and further wells and related
facilities, including storage facilities, pumps and transmission
lines, and underground or overhead electric power systems, as
the Landlord determines proper. Landlord retains the tole and
exclusive right to sell water from the existing or future wells,
to the
Tenant
use on
extent there is water in excess of the Landlord's needs.
may operate said wells to provide water solely for the
the demised Premises for irrigation and domestic purposes,
and for no other purposes.
18
21.1 Any other rights described in this Section
notwithstanding, Tenant shall have the first right and priority
to properly irrigate the golf course from water produced from
the water well on the premises and Tenant's right to this water
shall be at no cost, except for charges associated with the
maintenance of the well and pumps and the use of electricity in
running the well and pumps.
-18A -
22. DAMAGES
Tenant assumes the risk of damage to its property, in-
cluding leasehold hereby created resulting from any condition
of the demised Premises including the fact the demiseePremises
are subject to inundation damage. Any loss or injury or damage
suffered by Tenant as a result of the foregoing described conditions,
including an inundation, or flood or storm damage, or damage from
flowing of surface waters shall be at the sole risk and loss of
Tenant. By executing this Lease, Tenant forever releases Landlord
from any liability for damage due to any loss enumerated in this
Lease; and waives any claim it may have against Landlord under
the Constitution of the State of California and the United States
of America for a taking or damaging of its property, commonly
known as an inverse condemnation.
23. RESERVATION OF RIGHT OF RE-ENTRY
Landlord reserves the right to re-enter upon the real
property described in Exhibit "C" hereto for the purpose of con-
structing and operating thereon a restaurant facility. If Land-
lord elects so to act, then Landlord shall give Tenant notice
of its election and shall within 30 days thereof meet with Tenant
and negotiate in good faith, with Tenant, the terms and conditions
of constructing and operating said restaurant facility, so as
to minimize interference with Tenant's rights under this Lease.
Landlord shall not do anything pursuant to this Section which
will materially interfere with Tenant's rights hereunder, or mater-
ially diminish Tenant's income hereunder. In exercising the rights.
reserved hereunder, Landlord and Tenant covenant to deal with
each other in utmost good faith, so that the purposes of this
Lease be achieved, and the Landlord's rights reserved hereunder
be exercised to the benefit of the taxpayers of National City.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands on the date first above stated.
CITY OF,NATIONAL CITY AMERICAN GOLF CORPORATION
By
ATTEST:
By `'` - 1 ' (_ ,.,. /D 19 By
" 40.00 FEET; THENCE NORTH
THENCE SOUTH 73°00'00 WEST, POINT H CENOR H
FEET;IN" AVENUE;LESST THENCE SOUTH INTERSEC—
TION WITH
WEST, 139.61 FEET MORE OR 22OUT 7.69 FEET 10 A
00
E I ST W ILO 711E EASTERLY LINE OF°Nn AVENUE,
FROM THE CENTERLINE OF 28TH STREET
EAST, ALONG THE EASTERLY LINE OF SAID " EAST,E28T FEET;
PRINT WHICH LIES 66.92HFEET 71°00'00
PRODUCED EASTERLY; THENCE NORTH POINT OF INTERSEC—
TION SOUTH 19°00100° EAST, 144.00 FEET TO A
ACCORDING TO MAP THEREOF NUMBER SO034
?H THE EASTERLY PROLONGATIONCOF THE NORTHERLY
HNE OF LOT.
2,7lONW1 A T
ON FOJERINLD'S SUBDIVISION, THE COUNTY RECORDER;
H
71 FILE IN THE OFFICE OF
ALONG SAID LAST DESCRIBED EASTERLY PROLONGATIOF
ON,
55.54'00° WEST, TO THE NORTHEAST CORNER OF SAID IL.00T 27HE
jERAULD'S FEET MORE OR LESS THENCE SOUTH 34°19'06" EAST, 77.45LONFEET
ASLYLISUNE
OFS DERAULD S
EASTERLY LINE S SAID LOT 2 OF J 2 OF JERAULD'S SUBDIVISION; '0
0001000 EAST, 35.00 FEET; THENCE SOUTH
OU H 19°
THENC
TO THE SOUTHEAST CORNER OF SAID LOT
THENCE SOUTH 71° � WEST'
EAST, NORTH FEET
1 (RECORD 75 FEET); SAID J01WEST,
14.45 FEET
O AT OINT ON THE EASTERLY LINE OF
1U DI FEET TO THENCE SOUTH 34°23'06" EAST, ALONG THE EASTERLY LINE
E
SUBDIVISION;
O
i SUBDIVISION 286.52 FEET IT.oEY
SAID JE
RAULD'L SUBDIVISION AND THE SOUTHERLY PROLONGATDION
RAUtD OF THE VACATED THE TEASTERLY
INTERSECTION LINE I SAID JE 12 AND 13 OF SAID JERA CATE SAL ALLEY
POINT OF INTERSEC9101 , WITH THE CENTERLINE HE DENIER LINE S DI—
VIStO THENCE LOTS , TC A POINT OF INTER —
VISION; CSOUTH FEET
T0(RECORD 8�5.640FEET)
86.91AID
FCET
VACATED ALLEY,12 OF SAID JERAULD'S SUBDIVISION;
NGATION OF
THE
OF SAID ALLEY CENTERLINE THE NORTHERLY PROLOF
THE WESTERLY 9000100"SEADT, ALONG SAID NORTHERLY PROLONGATION NORTHWESTF
THENCE SOUTH 19 00 00 7.50 FEET TO °
THE WESTERLY LINE 1 O2; SAID LOT NT 112.11 FEET M010 OR LESST
CORNER OF SAID LOT THENCE CONTINUING SOUTH 19 00 00" EAST,
ALONG THEWITH AND 43 FEET NORTHERLY OF
WESTERLY LINE OF SAID LOT 12,
TO A POINT OALINE AD NU PARALLEL_2; THENCE NORTH 71 °00100" EAST
(NORTHTHE CENTERLINE OF ASSTDPERRROAD7SURVEY 778-2),
39.98 FEET TO BEGINNING
HE
72 07 ACONCAVE SOUTHERLY
+ 21.61 B.C. PER ROAD SURVEY 778-2);
OF A TANGENT 1043 FOOT R CURVE, U THROUGH A CENTRAL ANGLE OF
(BEING STATION 48
06°181
E
OF 114.69 FEI-T; THENCE TANGENT TO SAID CURVE, ON A
EASTERLY ALONG THE ARC OF SAIDDFEET MORE OR LESS TO A
NORTH 7" A DISTANCE 143.29 240.00
LINEEH WHICH 01° EAST, WITH AND FEET WESTERLY OF THE
IS PARALLEL
THENCE NORTH
9.40 FEET TO A
EASTERLY LINE OF SAID QUARTER SDTIARTLLEL 1 N FEET NORTHERLY OFA
WEST, ALONG SAID LAST DESCRIBED PARALLEL LINE,
SHOLY ON
HINS ONRT A LINE WHICH 15 PARALLELLIo ,43n EAST ALONG SAID HO LINEON
THE NORTHERLY RIGHT—OF—WAY TENCE NORTH OF
530 ETWATE ROAD
O LINE
HSURVEY A DISTANCE OF SWEET —
WATER WHICH PARALLEL WITH THE SURVEY RIGHT—OF—WAY
0
CONCAVE EASTERLY, A
ETR ROAD AS SHOWN ON ROAD THENCE NORTHERLY AND
FEET TO THE B BEARSl1NG OF NORTHA NONTANGENT
"N EAST CURVE,
-RADIAL LINEPOINT ON THE EASTERLY
3°1 9115",ALONG THE ARC 1 69 53t FEETR TO VE THROUGH A CENTRAL
SOUTH
NORTHEASTERLYo � n p DISTANCE OF
LINEOF 19 15 QUARTER SECTION 134, A RADIAL LINE EASTERLY
OF SAID 00 00EASTERLY
62°57'59° EAST; THENCE NORTH 190 � " WEST, ALONG THE
134, 449.84 FEET TO THE S THENCE
CORNERLINE F OF SAID
4 QUARTER
SLOT SECTION1 OFSAID QUARTER SECTION-134;
2
top
OF THE NORTH
ALONG THE SOUTHERLY LINEOF
NORTH
SOUTH 71 °00'D0
19
n WEST, 134,120.00 FEET;
OF SAID QUARTER SECTION LINE
ICH 15 PARALLEL WITH THE EASTERLY
LINELY
O WEST, ALONG A LINE 190.00 FEET; THENCE
00 00"SAID QUARTER SECTION 134, A SOUTHERLY
WHICH IS PARALLEL WITH THE SOUTHERL
OF ALONG A LINE QUARTER 134,
7LINE EAST, Y HALF OF SAID Q MOST SECTIONCTH13 NORTHWESTERLY CORNER
DIS—
TANCE OF SAID D NORTHERLY TRL TO THE
OF 1R0.00 FEET MORE OR LESS
OLIVER BY GRANT DEED
TANGS TO SUSAN A. ON OCTOBER 20,
PORTION LAND CONVEYED , OFFICE" ALONG
OF THAT SAN DIEGO COUNTY RECORDER'S WEST,
AST
RECORDED IN 149; THENCE 234.07 FEET MORE OR
1947 HINAS BOOK 2519 ON SPAIDGE QUA
EE EASTERLY LINE OF SAID STERLY CORNER
BN 134, Y THAT ON GRANT OF 8
LESSNTO THE
MOST SOUTHWESTERLY CORNER OF THAT PORTION LAND
CORE ORDED IN THEN CDITYEG OF NAUNTIOR RECORDER'S FAINT LYING R1, 1F958
CORDED 7N SAN DI EGG CBIALSO AFP POON INT LYING
900.00 QUARTERT
S 7318 ON PAGE 76, THE
IN BOOK OF THE NORTHWESTERLY CORNER OF THE
670.82 FEET;
SOUTHERLY THENCE NORTH POINT ON THE
SECTION 127; 600.00 FEET TO A
OF QUARTER 19000'00" WEST, 127, SAID POINT BEING
THENCE.NORTH
LINE OF SAID QUARTER SECTION
THE NORTHWESTERLY CORNER OF SAID QUARTER
NORTHERLY " ALONG SOUTHERLY LINE
SECTIONSFEET EASTERLY CE OF 00 0p THENCEGTHE NORTH 1 R Y LINE
SAIDQUARTER127; THENCE SOUTH 28 fi9.75WFEET;
128, WESTERLY LINE OF 80
OF , NALINE SECTION PARALLEL EFEET; Y LINE OF 80
WEST, LOT
2 ASAID QUARTERHICH S SECTION 1281,E 165.00 A NONTANGEN7
ACRE LOT 2 TO THE BEGINNING
TH
163.00 FEET A RADIAL LINE BEAR
4450.00FO WEST, CONCAVE EASTERLY, OF SAID CURVE
R NORTH FOOT RADIUS CURVE,
THENCE NORTHERLY ALONG THE ARC FEET;
57A CET" EAST;AL THENCE
OF 47°37140", A DISTANCE OF 374.07
THENCE A TANGENT TO SAID CURVE,
NORTH 14°50'58" EAST, 89.06 FEET;
THENCE ° n WEST, 207.00 FEET; THENCE NORTH 12°39'02"
09 02 NORTH 67°20'58" EAST, 134.00 FEET;
THENCE NORTH 29 THENCE
WEST, 2ORTH FEET;9" 118.00 FEET MORE OR LESS TO A POINT
THENCE NORTH E LY9'02 WEST,
ACRE LOT 1, QUARTER SECTION 128;
ON THE SOUTHERLY LINE OF ALONG THE EASTERLY LINE OF
THENCE CONTINUING NORTH 18°39'02" WEST,
THELF
F
ACRE LOT
OF
ID
SO
UTIiWEST QUARTER OF THEE EMOREAOR LOESSOTO THE TRUE? POINTAOF
QUARTER SECTION 128, 621.67 FE
BEGINNING. .
(CONTAINING 42.835 ACRES).
3
3.2 -4
?frig 5"
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered
this 2nd day of July , 1985, by and between the
City of National City, a municipal corporation, hereinafter
referred to as "LANDLORD", and American Golf Corporation, a
corporation, hereinafter referred to as "TENANT".
RECITALS
This Amendment to Agreement is made with reference
to the following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered
into a "Lease and Operating Agreement for the Las Palmas
Municipal Golf Course".
B. LANDLORD and TENANT desire to amend Paragraph
3.A of said Agreement entitled, "Construction Period".
NOW, THEREFORE, the parties hereto mutually agree
as follows:
1. Paragraph 3.A, "Construction Period", of the
"Lease and Operating Agreement for Las Palmas Municipal Golf
Course" is hereby amended as follows:
3.A CONSTRUCTION PERIOD.
Landlord and Tenant both acknowledge
that there will be a Construction Period that
will begin immediately after the execution of
this Lease and end on August 31, 1985. During
the Construction Period, it will not be possible
for golfers to make use of the golf course and
the driving range or facilities appurt-
enant thereto. The term of this Lease
and the Tenant's obligation to pay annual
rent will not commence until the end of
the Construction Period, that being the
date when the golf course reopens for play.
During the Construction Period, Tenant and
its agents will have the right to go onto
the leased property to make all necessary
capital improvements.
2. Except as otherwise provided herein, all of
the terms and conditions of the "Lease and Operating Agreement
for Las Palmas Municipal Golf Course" dated May 3, 1984, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have here-
unto set their hands on the date first above stated.
ATTEST:
APPROVED AS TO FORM
BY
CITY OF NATIONAL CITY
BY
AMERICAN GOLF CORPORATION
BY
BY
-2-
1 0 1 I
PARCL SUBJECT TO RIGHT OF RE -EN
THAT PORTION OF THE EAST HALF OF 40 ACRE LOT 2 IN QUARTER SECTION
134 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON MAY 11, 1869 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SWEETWATER ROAD,
SAID POINT BEING 40.00 FEET WESTERLY FROM THE INTERSECTION OF
SAID NORTHERLY LINE WITH THE EASTERLY LINE OF SAID QUARTER SEC-
TION 134 AND BEING THE SOUTHWEST CORNER OF LAND DESCRIBED IN DEED
TO THE CITY OF NATIONAL CITY RECORDED FEBRUARY 24, 1949 IN BOOK
3120 PAGE 329 OF OFFICIAL RECORDS; THENCE NORTHERLY AND PARALLEL
WITH SAID EASTERLY LINE OF SAID QUARTER SECTION 134 A DISTANCE OF
125.00 FEET; THENCE WESTERLY AND PARALLEL WITH THE NORTHERLY LINE
OF SWEETWATER ROAD A DISTANCE OF 200.00 FEET; THENCE SOUTHERLY
AND PARALLEL WITH THE EASTERLY LINE OF SAID QUARTER SECTION 134 A
DISTANCE OF 125.00 FEET TO THE NORTHERLY LINE OF SWEETWATER ROAD;
THENCE EASTERLY ALONG SAID NORTHERLY LINE A DISTANCE OF 200.00
FEET TO THE POINT OF BEGINNING.
EXCEPTING'THEREFROM THAT PORTION AS DEEDED TO THE COUNTY OF SAN
DIEGO BY DOCUMENT DATED MAY 13, 1972 RECORDED JULY 5, 1972 AS
FILE NO. 173027 (KNOWN AS PARCEL NO. 69325) AND DESCRIBED AS
FOLLOWS:
FEE TITLE IN AND TO THAT PORTION nF TIlE EAST HALF OF 40 ACRE LOT
2 IN QUARTER SECTION OF 134 OF RANCHO DE LA NACION, IN THE CITY
OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED IN DEED TO AUSTIN J. OLIVER RECORDED AUGUST 4, 1965 IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO.
139746 OF THE OFFICIAL RECORDS, LYING SOUTHERLY AND EASTERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHWEST CORNER OF LAND DESCRIBED IN SAID DEED;
THENCE ALONG THE WEST LINE THEREOF NORTH 17°41'13" WEST 38.94
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST
LINE NORTH 78°25'14" EAST 125.43 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" IN A NORTH-
EASTERLY, EASTERLY AND NORTHWESTERLY DIRECTION A DISTANCE OF
31.42 FEET; THENCE TANGENT TO SAID CURVE NORTH 11 °34'46" WEST
10.80 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 275 FEET; THENCE ALONG SAID CURVE TO A POINT
IN THE NORTHERLY -LINE OF SAID LAND, A DISTANCE OF 49.19 (RECORD
47.02) FEET THROUGH A CENTRAL ANGLE OF 10°14'56" (RECORD
09°47'52"). (CONTAINING 12,383.31 SQUARE FEET).
EXHIBIT "C"
(23. Reservation of right to re-entry)
to LEASE AND OPERATING AGREEMENT for LAS PALMAS MUNICIPAL"GOLF
COURSE between THE CITY OF NATIONAL' CITY and AMERICAN GOLF
CORPORATION
4
Exhibit C - MINIMUM MAINTENANCE STANDARDS
1. Greens, Practice Putting Greens & nurseries
A. Mowing - At lease five days perweek at a height of
1/8" - 1/4" during the growing season.
B. Change cup locations on all greens and practice
putting greens at least five times weekly during
the active season and at least three times weekly
in the off-season. Cup location will be moved at
least twenty feet from the previous placement.
C. Repair ballmarks, divots, or any other damaged turf
on all greens and practice greens at least three times
per week.
D. Aerify all greens, practice putting greens and
nurseries three times per year during the growing
season. This will be done with "Ryan Green Aire"
or approved substitute which places holes on two
inch centers and two inches deep.
E. Topdress all greens, practice putting greens and
nurseries after aerification and additionally as
needed to maintain a smooth putting surface.
Topdressing material will be sand or a mix similar
to that used to construct the greens.
F. Light vertical mowing of all greens, practice putting
greens and nurseries shall be performed as appropriate
to control mat and thatch build up and Poa Anua seed
production. Dethatching should be performed prior
to any overseeding.
Note: Where bermudagrass greens are maintained,
they shall be overseeded annually, in the fall of
the year, approximately 2 to 3 weeks before the
first annual freeze, using a blend of perennial
rye, Poa Trivilas and or fine fescues - at a rate
of not less than 30 lbs. per 1,000 sq.ft.
The putting surface shall be prepared for overseeding
by aerifying no sooner than 30 days before overseeding,
lightly verticutting weekly starting three to four
weeks prior, and treating for fungus each week for
three weeks prior to overseeding.
Overseeding shall be topdressed 1/8" with material
similar to green construction material or using
sand and/or sand compost mixture. A starter fer-
tilizer shall be applied prior to seeding. Green
shall be irrigated sufficient to remain moist but
not soaked until all germinated seed has rooted.
During germination period, cup shall be changed
frequently. First mowing shall be at 5/16" reducing
to normal cutting heights gradually.
A preventative program of fungicide applications
shall be maintained starting two days after over -
seeding.
G Spiking of all greens and practice greens shall be
performed as needed between aerifications to main-
tain water infiltration.
H. Fertilization - All greens, practice greens, and
nurseries shall be fertilized with nitrogen
phosphorous, potash, and other elements as needed
to maintain color, growth and turgidity of the turf,
without allowing excessive or excessively succulent
growth.
I. Fungicide - All greens, practice greens and nurseries
shall have appropriate fungicide applications to
prevent and/or control fungal disease activity.
J. Pre -emergent chemicals such as Balan, Dacthal, etc.,
shall be used in the appropriate amounts and
appropriate times to prevent intrusion into the
greens of weeds difficult to eradicate such as poa
anua, goosegrass, crabgrass, etc.
K. Weed Control - All greens, practice greens and
nurseries shall be maintained free of foreign
grasses and weeds.
L. Insecticide - All greens, practice greens and
nurseries shall be treated on a preventive
and/or curative basis as necessary.
2. Tees - All Areas Used For Tee Surface
A. Mowing - All tees shall be mowed at a height of
1/2" three times per week.
B. Topdressing - All tees shall be topdressed weekly
to fill divots, and level tee surface. Topdressing
material shall be washed sand.
-3-
C. Seeding - All tee areas shall be overseeded at a
rate of not less than 8 lbs./1,000 sq.ft. from
November to April Seed used shall be a suitable
mixture.
D. Set-up - Tee markers and all tee equipment shall
be moved daily for proper teeing and wearing of
turf.
E. Weed Control - Tees shall be kept weed free to an
extent of at least 90% of the area by the proper
application of herbicides.
F. Vertical Mowing - All tees shall be vertically mowed
as necessary to control mat or thatch build up.
G. Aerification - All tees shall be aerified every
two months. (March through November)
H. Fertilization - All greens, practice greens, and
nurseries shall be fertilized with nitrogen
phosphorous, potash, and other elements as needed
to maintain color, growth and turgidity of the turf,
without allowing excessive or excessively succulent
growth.
3. Fairways - All Areas Of Play Except Greens, Tees and Natural
Growth Areas.
A. Mowing - All fairwaysshall be mowed twice.a week
at a height of 1/2" during the growing season and
as needed for the balance of the year. Contour
mowing as specified by the architect in the original
plans shall be maintained.
B. Aerification - All fairways shall be aerified a
minimum of two times per year. Once in the spring
and once in the summer. Aerification holes shall not
exceed a spacing of eigth inches on center or be of
a diameter of less than 1/2".
C. Fertilization - All fairways shall be fertilized
twice annually. Fertilizer formulations will be
made after analysis of soil and approval of the
City.
D. Vertical Mowing - All fairways will be vertically
mowed as necessary to control mat or thatch build
up.
E. Weed Control - Fairways shall be kept weed free to
an extent of at least 90% of the area by the proper
application of herbicides.
• -4-
4. Planters - All Areas Planted With Ornamental Plants, Not
Intended for Golf Play and Having a Definable Border.
A. Clean-up - All planters shall be maintained free of
trash and debris such as paper, drinking cans, bottles
fallen limbs and leaves.
B. Weed Control - All planters shall be maintained free
of weeds or grass whether by mechanical or chemical
means.
C. Trimming - The plant material (trees, shrubbery and
ground covering) in planters shall be trimmed for
protection from wind, insect damage, and for appearance.
5. Trees - All Trees Within the Property Lines of the Golf Course
A. Stake - All trees shall be staked as necessary to
protect and establish sufficient size to stand
unassisted..
B. Pruning - All trees shall be pruned for protection
from wind and pests as well as for appearance.
Proper pruning techniques shall be approved by the
City.
C. Irrigation - All trees shall be watered to provide
adequate moisture for proper growth.
D. Mowing - Large area mowers shall not be used within
one foot of the trunk.
E. Removal and Replacement - All damaged Trees, for
whatever cause, shall be removed and replaced within
fourteen days. Replacement will be with the same
type tree as was damaged and if possible the same
size.
6. Irriggation - All Equipment Required to Irrigate All Areas
of the Golf Course
A. Repair or replace all heads, valve controllers, wiring,
and pipe as needed to maintain the proper operation
of the entire golf course irrigation system (including
greens, tees, fairways, planters, flower beds,
etc.) on an on -going basis.
-5-
• Y
B. The golf course shall be irrigated as necessary
to support proper growth of the golf turf.
7. Fences - All Fence Blocks, Chain Link, or Barbed Wire on or
Within the Boundaries of the Golf Course
A. Repair all broken or damaged fencing on a monthly
basis.
B. Repair or replace all fences, gates, and locking
devices needed for the protection of the golf
course or equipment immediately.
8. Clubhouse and Buildings - All Buildings Within the Boundaries
of the Golf Course
A. Restrooms - All restrooms shall be maintained daily
in a manner so as to provide a clean and sanitary
facility for public use as well as employees of the
course. Soap, towels, toilet paper ... shall be
provided in adequate quantity at all times.
B. Kitchen - Repair and maintain all hardware and
equipment necessary for the operation of the kitchen
and snack shop.
C. Lobby and Patios - All lobbies and patios shall be
vacuumed, dusted and swept daily.
D. General Maintenance - Maintain and repair all
structural areas and fixtures of all buildings
as needed to insure proper function and appearance
including, but not limited to:
1. Air conditioning units, power tools,
appliances, hardware, building structures
and fixtures.
2. Painting, carpentry, plumbing and electrical
repairs.
3. Porches, walks, parking areas, delivery
areas and entries.
E. Cart Paths - Maintain all cart paths in a smooth
condition and repair promptly as needed.
9. Edgeing - All edges of sidewalks, patios and cart paths must
De kept edged. Edgeing of valve boxes, meter boxes, backflow
preventers, etc. shall be done as needed to insure that there
is no obstruction of play from growth around these items.
-o-
10. Sand T - All sand traps shall be edged as necessary to
maintain a neat lip, raked daily and filled with fresh sand
as needed to maintain a 4" depth on slopes and in the bottom.
Replacement sand will be of a dust -free type, silica sand if
possible.
11. Color Areas - Various planting areas throughout course
TWETT—EF—Figularly cultivated, weeded and pruned on a
regular basis with at least two replanting programs for
annuals scheduled each year.
12. Construction and Remodelin - Any change in the physical
c aracteristics o any area of the golf course such as
addition or removal of sand traps, addition or removal of
any hazards (water, trees or native vegetation), regrading
involving movement of soil exceeding 20 cubic yards in any
single area, or the modification of any portion of the golf
course or the buildings will be undertaken after consulting
with the lessor.
13. Crews - A full maintenance crew shall be on duty at the
course daily under the supervision of an on duty super-
intendent. (A qualified golf course superintendent is
defined as an individual with a degree from a two or a
four year college or university accredited in agronomy)
14. Provide rodent control.
15. Trash and debris removal will be at management firm's
expense. Management firm will take special care to insure
minimal problems from refuse odors, insects, etc. Trash
recepticals shall be conveniently stationed on tees and at
clubhouse and emptied daily.
16. Other - All lakes and bridges will be
irani
NOTE: THESE SPECIFICATIONS ARE MEANT TO INDICATE MINIMUM PRACTICES
NECESSARY FOR THE PROPER MAINTENANCE OF THE GOLF COURSE IN CONDITIONS
SPECIFIED EARLIER, BUT NOTHING IN THESE SPECIFICATIONS SHALL BE
INTERPRETED TO LIMIT THE RESPONSIBILITY OF THE MANAGEMENT FIRM.
Exhibit C - MINIMUM MAINTENANCE STANDARDS
1. Greens, Practice Putting Greens 8 Nurseries
A. Mowing - At lease five days per week at a height of
1/8" - 1/4" during the growing season.
8. Change cup locations on all greens and practice
putting greens at least five times weekly during
the active season and at least three times weekly
in the off-season. Cup location will be moved at
least twenty feet froo the previous placement.
C. Repair ballmarks, divots, or any other damaged turf
on all greens and practice greens at least three times
per week.
D. Aerify all greens, practice putting greens and
nurseries three times per year during the growing
season. This will be done with "Ryan Green Aire"
or approved substitute which places holes on two
inch centers and two inches deep.
E. Topdress all greens, practice putting greens and
nurseries after aerification and additionally as
needed to maintain a smooth putting surface.
Topdressing material will be sand or a mix similar
to that used to construct the greens.
F. Light vertical mowing of all greens, practice putting
greens and nurseries shall be performed as appropriate
to control mat and thatch build up and Poa Anua seed
production. Dethatching should be performed prior
to any overseeding.
Note: Where bermudagrass greens are maintained,
they shall be overseeded annually, in the fall of
the year, approximately 2 to 3 weeks before the
first annual freeze, using a blend of perennial
rye, Poa Trivilas and or fine fescues - at a rate
of not less than 30 lbs. per 1,000 sq.ft.
The putting surface shall be prepared for overseeding
by aerifying no sooner than 30 days before overseeding,
lightly verticutting weekly starting three�to four
weeks prior, and treating for fungus each week for
three weeks prior to overseeding.
c
INV
•
1
Overseeding shall be topdressed 1/8" with material
similar to green construction material or using
sand and/or sand compost mixture. A starter fer-
tilizer shall be applied prior to seeding. Green
shall be irrigated sufficient to remain moist but
not soaked until all germinated seed has rooted.
During germination period, cup shall be changed
frequently. First mowing shall be at 5/16" reducing
to normal cutting heights gradually.
A preventative program of fungicide applications
shall be maintained starting two days after over -
seeding.
G. Spiking of all greens and practice greens shall be
performed as needed between aerifications to main-
tain water infiltration.
H. Fertilization - All greens, practice greens, and
nurseries shall be fertilized with nitrogen
phosphorous, potash, and other elements as needed
to maintain color, growth and turgidity of the turf,
without allowing excessive or excessively succulent
growth.
I. Fungicide - All greens, practice greens and nurseries
shall have appropriate fungicide applications to
prevent and/or control fungal disease activity.
J. Pre -emergent chemicals such as Balan, Dacthal, etc.,
shall be used in the appropriate amounts and
appropriate times to prevent intrusion into the
greens of weeds difficult to eradicate such as poa
anua, goosegrass, crabgrass, etc.
K. Weed Control - All greens, practice greens and
nurseries shall be maintained free of foreign
grasses and weeds.
L. Insecticide - All greens, practice greens and
nurseries shall be treated on a preventive
and/or curative basis as necessary.
2. Tees - All Areas Used For Tee Surface
A. Mowing - All tees shall be mowed at a height of
1/2" three times per week.
B. Topdressing - All tees shall be topdressed weekly
to fill divots, and level tee surface. Topdressing
material shall be washed sand.
-3-
C. Seeding - All tee areas shall be overseeded at a
rate of not less than 8 lbs./1,000 sq.ft. from
November to April Seed used shall be a suitable
mixture.
D. Set-up - Tee markers and all tee equipment shall
be moved daily for proper teeing and wearing of
turf.
E. Weed Control - Tees shall be kept weed free to an
extent of at least 90% of the area by the proper
application of herbicides.
F. Vertical Mowing - All tees shall be vertically mowed
as necessary to control mat or thatch build up.
G. Aerification - All tees shall be aerified every
two months. (March through November)
H. Fertilization - All greens, practice greens, and
nurseries shall be fertilized with nitrogen
phosphorous, potash, and other elements as needed
to maintain color, growth and turgidity of the turf,
without allowing excessive or excessively succulent
growth.
3. Fairways - All Areas Of Play Except Greens, Tees and Natural
Growth Areas.
A. Mowing - All fairwaysshall be mowed twice.a.week
at a height of 1/2" during the growing season and
as needed for the balance of the year. Contour
mowing as specified by the architect in the original
plans shall be maintained.
B. Aerification - All fairways shall be aerified a
minimum of two times per year. Once in the spring
and once in the summer. Aerification holes shall not
exceed a spacing of eigth inches on center or be of
a diameter of less than 1/2".
C. Fertilization - All fairways shall be fertilized
twice annually. Fertilizer formulations will be
made after analysis of soil and approval of -the
City.
D. Vertical Mowing - All fairways will be vertically
mowed as necessary to control mat or thatch build
up.
E. Weed Control - Fairways shall be kept weed free to
an extent of at least 90% of the area by the proper
application of herbicides.
p
�Y.
-4-
4. Planters - All Areas Planted With Ornamental Plants, Not
Intended for Golf Play and Having a Definable Border.
A. Clean-up - All planters shall be maintained free of
trash and debris such as paper, drinking cans, bottles
fallen limbs and leaves.
B. Weed Control - All planters shall be maintained free
of weeds or grass whether by mechanical or chemical
means.
C. Trimming - The plant material (trees, shrubbery and
ground covering) in planters shall be trimmed for
protection from wind, insect damage, and for appearance.
5. Trees - All Trees Within the Property Lines of the Golf Course
A. Stake - All trees shall be staked as necessary to
protect and establish sufficient size to stand
unassisted..
B. Pruning - All trees shall be pruned for protection
from wind and pests as well as for appearance.
Proper pruning techniques shall be approved by the
City.
C. Irrigation - All trees shall be watered to provide
adequate moisture for proper growth.
D. Mowing - Large area mowers shall not be used within
one foot of the trunk.
E. Removal and Replacement - All damaged Trees, for
whatever cause, shall be removed and replaced within
fourteen days. Replacement will be with the same
type tree as was damaged and if possible the same
size.
6. Irrigation - All Equipment Required to Irrigate All Areas
of the Golf Course
A. Repair or replace all heads, valve controllers, wiring,
and pipe as needed to maintain the proper operation
of the entire golf course irrigation system (including
greens, tees, fairways, planters, flower beds,
etc.) on an on -going basis.
4
-5-
B. The golf course shall be irrigated as necessary
to support proper growth of the golf turf.
7. Fences - All Fence Blocks, Chan Link, or Barbed Wire on or
Within the Boundaries of the Golf Course
A. Repair all broken or damaged fencing on a monthly
basis.
B. Repair or replace all fences, gates, and locking
devices needed for the protection of the golf
course or equipment immediately.
8. Clubhouse and Buildings - All Buildings Within the Boundaries
of the Golf Course
A. Restrooms - All restrooms shall be maintained daily
in a manner so as to provide a clean and sanitary
facility for public use as well as employees of the
course. Soap, towels, toilet paper . shall be
provided in adequate quantity at all times.
B. Kitchen - Repair and maintain all hardware and
equipment necessary for the operation of the kitchen
and snack shop.
C. Lobby and Patios - All lobbies and patios shall be
vacuumed, dusted and swept daily.
D. General Maintenance - Maintain and repair all
structural areas and fixtures of all buildings
as needed to insure proper function and appearance
including, but not limited to:
1. Air conditioning units, power tools,
appliances, hardware, building structures
and fixtures.
2. Painting, carpentry, plumbing and electrical
repairs.
3. Porches, walks, parking areas, delivery
areas and entries.
E. Cart Paths - Maintain all cart paths in a smooth
condition and repair promptly as needed.
9. Edgeing - All edges of sidewalks, patios and cart paths must
be kept edged. Edgeing of valve boxes, meter boxes, backflow
preventers, etc. shall be done as needed to insure that there
is no obstruction of play from growth around these items.
C4-
4
v
•
-d-
10. Sand Traps - All sand traps shall be edged as necessary to
maintain a neat lip, raked daily and filled with fresh sand
as needed to maintain a 4" depth on slopes and in the bottom.
Replacement sand will be of a dust -free type, silica sand if
possible.
12.
Color Areas - Various planting areas throughout course
shall be regularly cultivated, weeded and pruned on a
regular basis with at least two replanting programs for
annuals scheduled each year.
Construction and Remodeling - Any change in the physical
characteristics of any area of the golf course such as
addition or removal of sand traps, addition or removal of
any hazards (water, trees or native vegetation), regrading
involving movement of soil exceeding 20 cubic yards in any
single area, or the modification of any portion of the golf
course or the buildings will be undertaken after consulting
with the lessor.
13. Crews - A full maintenance crew shall be on duty at the
course daily under the supervision of an on duty super-
intendent. (A qualified golf course superintendent is
defined as an individual with a degree from a two or a
four year college or university accredited in agronomy)
14. Provide rodent control.
15. Trash and debris removal will be at management firm's
expense. Management firm will take special care to insure
minimal problems from refuse odors, insects, etc. Trash
recepticals shall be conveniently stationed on tees and at
clubhouse and emptied daily.
16. Other - All lakes and bridges will be maintained in a
safe and sanitary manner and in good appearance.
Rough mowed in all unimproved areas as needed, fairways,
rough and fence lines sprayed for weed control, and soil
tested with adequate analysis at least once per year.
NOTE: THESE SPECIFICATIONS ARE MEANT TO INDICATE MINIMUM PRACTICES
NECESSARY FOR THE PROPER MAINTENANCE OF THE GOLF COURSE IN CONDITIONS
SPECIFIED EARLIER, BUT NOTHING IN THESE SPECIFICATIONS SHALL BE
INTERPRETED TO LIMIT THE RESPONSIBILITY OF THE MANAGEMENT FIRM.
cA
073580
RESOLUTION ht. 14,902
i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING AN ANT TO THE LEASE
AND OPERATING AGREEMENT FOR THE LAS PALMAS MUNICIPAL GOLF COURSE
BE IT RESOLVED by the City Council of the City of National City
that the Mayor is authorized to sign an amendment to the Lease and
Operating Agreement for the Las Palmas Municipal Golf Course to increase
green fees. Said amendment is attached hereto as Exhibit "A" and
incorporated herein by reference.
PASSED and ADOFThu this 8th day of April, 1986.
ATTEST:
IONE BELL
Ione 11, City Cl
BY: CL.r-ice
AS TO FORM:
George H.
Rile Morgan, Mayor
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolutions Nos. 14,899 through 14,907)
Moved by VanDeventer, seconded by Waters, they be accepted by title only. Carried
by unanimous vote. Councilman Cooper requested Resolutions Nos. 14,900, 14,903 and
14,905 be considered separately. Vice Mayor VanDeventer said he would abstain on
Resolution No. 14,906. Mayor Morgan said Council could consider Resolution No.
14,906 separately also. Moved by Cooper, seconded by VanDeventer, the other
Resolutions (except 14,900, 14,903, 14,905 and 14,906) be approved. Carried by
unanimous vote.
Resolution No. 14,902, "RESOLUTION AUTHORIZING AN AMENDMENT TO THE ('7A -
LEASE AND OPERATING AGREEMENT FOR THE LAS PALMAS MUNICIPAL GOLF .f/gsp?
COURSE." See above_
AMENDMENT 'RD AGREEMENT
This Amendment to Agreement is made and entered this 8TH day of
APRIL , 1986, by and between the City of National City, a municipal
corporation, hereinafter referred to as "LANDLORD", and American Golf
Corporation, a corporation, hereinafter referred to as "TENANT".
RECITALS
recitals:
This Amendment to Agreement is made with reference to the following
A.
Rid
3, 1984, LANDLORD and TENANT entered into a "Lease and
Operating Agreement for the Las Palmas Municipal Golf Course", and said
Agreement was subsequently amended on July 2, 1985.
B. LANDLORD and TENANT desire to amend Paragraph 10.2 of said
Agreement pertaining to green fees and cart fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2 of the "Lease and Operating Agreement for Las
Palmas Municipal Golf Course" is hereby amended to read as follows:
10.2. All fees charged to patrons at the demised Premises will
be comparable to those fees charged by comparable competing Southern
California public golf courses for similar goods and services and facilities.
Tenant and Landlord agree that green fees and cart fees
will be as follows:
Green Fees 9 Holes 18 Holes
Weekdays $ 4.00 $ 6.00
Seniors & Juniors (Weekdays) 3.50 5.00
Seniors & Juniors (Weekends) 5.00 after 12 noon 9.00
Weekends 5.00 9.00
Seniors & Juniors mo. ticket 15.00 weekdays & weekends
Plus $1.00 for each 9 holes played. afternoon.
Fbr purposes of this Section, "seniors" shall mean all persons 60
years old or older, and "juniors" shall mean all persons 16 years old or
younger.
Carts
6.00 11.00
•
2. Except as otherwise provided herein, all of the terms and
conditions of the "Lease and Operating Agreement for Las Palmas Municipal Golf
Course" dated map' 3, 1984, and as subsequently amended on July 2, 1985, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
on the date first above stated.
ATTEST:
IONE ♦'s PBELL
Ione
BY:
APP
11r City
lerk
George H. Eiser, III -City Attorney
CITY OF NATIOCITY
Kile Morgan, .yor
BY
Passed and adopted by the Council of the City of National City, California,
on April 8, 1986 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Cooper,, Daila, yanDeyenter,, Waters, Morgan
None,
None
AUTHENTICATED BY:
(Seal)
None
KILE MORGAN
Mayor of the City of National City, California
City C
By:
Deputy
lone Campbell
of the City of National City, California
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. 1)4,902 of the City of National City,
Calif., passed and adopted by the Council of said City on April 8,
1986
(Seal)
By:
Ione Campbell
City Clerk of the City of National City, California
Deputy
AMERK.AN GOLF CORPORATION
National City Municipal
Golf Course
National City, CA 92050
March 21, 1986
Mr. Tom McCabe
City Manager
1243 National City Blvd.
National City, CA 92050
Dear Mr. McCabe:
Please find enclosed a schedule of proposed green fees
for National City Golf Course and rate comparisons of
comparable golf courses in San Diego. We are submitting
these in accordance with Section 10.4 of our lease.
It is our desire to put the new prices into effect as
soon as possible. Please inform me of the date and time
this proposal will be on the agenda for City Council
consideration.
Thank you.
Sincerely,
William H. Reidelberger
General Manager
WH/ch
City or National City
Parks & Recreation Department
140 E. 12th St., National City, CA 92050-3312
Phone: (619) 477-1181
March 28; 1986
TO:
FROM:
SUBJECT:
GERRY BOLINT, ASSISTANT CITY MANAGER
JIM RUIZ, PARKS & RECREATION DIRECTOR
GOLF COURSE FEES
After reviewing the proposed increase, I spoke with
Bill Reidelberger, the General Manager of the golf
course.
The primary purpose of,the fee increase is to become
more competitive with other golf courses in the County
and to generatemore revenue. According to Mr. Reidel-
berger, they have not broke even during any of the
months they have been open.
They also are planning to continue course improvements
such as enlarging tee areas, cart paths and installing
benches.
Prices for cart rentals and range
the same.
After reviewing comparable rates,
appears to be reasonable.
JR/lh
balls will remain
their fee adjustment
City of National City, Californi(
COUNCIL AGENDA STATEMENT
MEETING DATE April 8, 1986
AGENDA ITEM NO.
9
ITEM TITLE
Resolution amending the lease agreement between the City
and American Golf Corporation.
PREPARED BY JIM RUIZ, DIRECTOR [L/DEPARTMENT PARKS & RECREATION
EXPLANATION `�
William Reidelberger of American Golf Corporation has requested
an increase in green fees at the golf course (attached information).
In order to put fees into effect, City Council must approve the
request and the lease agreement must be amended.
Environmental Review
Financial Statement
xx N/A
Account No.
STAFF RECOMMENDATION
Recommend approval.
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below) Resolution No. 14,902
3-21-86 ltr from American Golf Corporation.
A-200 (Rev. 9/80)
From a memo sent to all senior International Telephone &
Telegraph Co. managers during the early years of Geneen's mem-
orable reign:
Effective immediately, I want every report to spe-
cifically, directly and bluntly state at the beginning a
summary of the unshakable facts. The highest art of
professional management requires the ability to smell
a real fact from all others and, moreover, to have the
intellectual curiosity, guts or plain impoliteness neces-
sary to be sure that what you have is what we will call
an unshakable fact.
Harold Geneen is chairman emeritus of Interna-
tional Telephone & Telegraph Co.
NOTE: COUNCIL AGENDA STATEMENTS ARE DUE IN THE CITY MANAGER'S OFFICE
BY 9 A.M. THURSDAY PRECEDING THE CITY COUNCIL MEETING.
City of National City
Office of the City Manager
1243 National City Blvd., National City, CA 92050-4397 (619) 336-4240
Tom G. McCabe —City Manager
December 8, 1986
TO Department Directors
FROM Assistant City Manager
SUBJECT Las Palmas Golf Course Lease - Relocation of Corporate
Headquarters
Attached for your information, files and future reference as necessary is a
notification from American Golf Corporation regarding relocation of their corporate
headquarters.
GJB:lk
Attachment
xc: Mayor and City Council
City Manager
Lease File - Las Palmas Golf Course
.;
I 4 4
44
• 42i�
AMERICAN GOLF CORPORATION
1 December 1986
City of National City
1243 National City Boulevard
National City, California 92050-4397
Attention: Tom McCabe, City Manager
Re: Las Palmas Golf Course Lease
Dear Mr. McCabe:
RECEIVED
DEC O 1, iyb.
CITY MANAGE"
NATIONkL '
As is indicated in the enclosed announcement card, American
Golf Corporation ("AGC") is moving its corporate
headquarters, effective Monday, 8 December 1986. The purpose
of this letter is to advise all of the company's lessors,
major lenders, vendors and outside counsel of this change.
We are advised by the United States Postal Service that mail
addressed to AGC's old address will be delivered to our new
office for several months following our move. In addition,
if you call AGC's old corporate telephone number, General
Telephone Company will have a recording which will advise you
of the new telephone number. We recommend, however, that you
change your mailing lists and other records as soon as
possible to:
American Golf Corporation
1633 26th Street
Santa Monica, California 90404-4024
213-315-4200
Sincerely,
Sten R. Ho
General Counser and
Secretary of the Corporation
SRH\dlb
Enclosure
641 North Sepulveda Blvd., Los Angeles Cahfoi ni.a 9h0i1.19 telephone (213) 47G !h; i
•
AMERICAN GOLF CORPORATION
AMERICAN GOLF CORPORATION
LS pi -eased to antimony
fate 1TIOcath011 O( lt�
COIJ'Onite O/ ni<
it)
16 3 - 26 t 11 ,ti trl'L'1
Santa _ 11U111ca., -`!(1404--;1:'_'
(21_3) 31;--120
hc1C111/1c7" <<',
AMERICAN GOLF CORPORATION
National City Municipal
Golf Course
National City, CA 92050
March 18, 1987
Mr. Tom McCabe
City Manager
1243 National City Blvd.
National City, CA 92050
Dear Mr. McCabe:
RECEIVE
MAR 2{}
CITY MANAGER
NATIONAL Li. Nt
Enclosed please find a schedule of proposed green.fees for National City
Golf Course. You will note they include a very modest increase in replay rates
with no increase for cart rentals or driving range balls. This is submitted
in accordance with section 10.4 of our lease.
It is our desire to put the the new prices into effect as soon as possi le.
Please inform me of the date and time this proposal will be on the agenda for
City Council consideration.
Thank you.
WH/sm
Sincerely,
William H. Reidelberger
General Manager
COURSE
Balboa Park (9) $4.75 (Resident) cw;)
$6.75 (Non Resident)
Bonita $5.00
Chula Vista (18) $8.00
Mission Bay $3.75
River Valley $5.00
AMERICAN GOLF CORPORATION
* 9 HOLES *
LOCAL COMPARABLE PUBLIC COURSES - FEBRUARY 21, 1987
REG.
NATIONAL CITY GOLF COURSE (9 HOLES)
WEEKEND
Same
Same
$7.00
$11.00
$4.25
$6.00
PRESENT PROPOSED INCREASE
Weekday Reg. $4.00 $4.00 None
Replay $2.00 $2.50 $ .50
Weekday Sr/Jr $3.50 $3.50 None
Replay $1.50 $2.00 $ .50
Weekend Reg. $5.00 $5.00 None
Replay $4.00 $4.00 None
Weekend Sr/Jr(After 12:00) $4.00 $4.00 None
Replay $2.50 $3.00 $ .50
RESOLUTION NO. 15,624
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH AMERICAN GOLF CORPORATION
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute
an Amendment to Agreement between the City of National City
and American Golf Corporation, a copy of which is attached
hereto as Exhibit
ATTEST:
ION
PASSED and ADOPTED this 24th day of May, 1988.
CAMPBELL, CITY CLERK
RJR -ems c5r-A:a--
GEORGE H. WATERS, MAYOR
APPROVED AS TO F M:
/Dtf Zi -4XCAM:7;
GEORGE H. EISER, III - CITY Al'1URNEY
AMENDMENT 7O AGREEMENT
This Amendment to Agreement is made and entered this 24th day of
May, 1988, by and between the City of National City, a municipal
corporation, hereinafter referred to as "LANDLORD", and American Golf
Corporation, a corporation, hereinafter referred to as "TENANT".
RECITALS
This Amendment to Agreement is made with reference to the
following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease and
Operating Agreement for the Las Palmas Municipal Golf Course", and said
Agreement was subsequently amended on July 2, 1985, and April 8, 1986.
B. LANDLORD and TENANT desire to amend Paragraph 10.2 of said
Agreement pertaining to green fees and cart fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2 of the "Lease and Operating Agreement for
Las Palmas Municipal Golf Course" is hereby amended to read as follows:
10.2. All fees charged to patrons at the demised
Premises will be comparable to those fees charged by comparable competing
Southern California public golf courses for similar goods and services and
facilities.
Tenant and landlord agree that green fees and cart
fees will be as follows:
Green Fees 9 Holes Replay
Weekdays $5.00 $2.50
Seniors & Juniors (Weekdays) 4.00 2.00
Seniors & Juniors (Weekends) 5.00 after 12 noon 3.00
Weekends 6.00 4.00
For purposes of this section, "seniors" shall mean all
persons 60 years old or older, and "juniors" shall mean all persons 16
years old or younger.
Carts
$8.00 $5.00
2. Except as otherwise provided herein, all of the terms and conditions of
the "Lease and Operating Agreement for Las Palmas Municipal Golf Course"
dated May 3, 1984, and as subsequently amended on July 2, 1985, and April
8, 1986, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands on the date first above stated.
ATTEST:
IONE CAMPRFLL
Io e Campll, City Clerk }
APPROVED AS IO FORM:
Geor•e H. Eiser, III - City Attorney
George F( Waters, Mayor
AMERICAN GOLF CORPORATION
BY
BY
7:" . /24/5
Elf r, //Ae1 E'<
Passed and, adopted by the Council of the City of National City, California,
on 5-24-88 by the following vote, to -wit:
Ayes: Councilmen Cooper, Dalla, Pruitt, YanDeventer, Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
IONS CANTRELL
City C rl of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. 25,624
of the City of National City,
Calif., passed and adopted by the Council of said City on 5-2)+-88
(Seal)
By:
City Clerk of the City of National City, California
Deputy
ity of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE May 24, 1988
AGENDA ITEM NO.
6
r ITEM TITLE
RESOLUTION AUTHORIZING THE INCREASE OF FEES AT NATIONAL CITY GOLF
COURSE EFFECTIVE JUNE 15, 1988
PREPARED BY DEPARTMENT
JIM RUIZ, DIRECTOR PARKS & RECREATION
EXPLANATION.
Attached letter from American Golf requests an increase in green fees
for the first 9 holes of play and for power cart rental. The replay
fee would remain the same. All fee increases must be approved by
City Council in accordance with the agreement with American Golf.
Staff checked the rates with the local public courses as noted in their
request and found them to be accurate. These fees would make them
comparable with other local courses.
American Golf would like to make these rates effective June 15, 1988.
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Recommend approval
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
1. Letter from American Golf.
Resolution No. 15,624
A-200 (Rev. 9/80)
AMERICAN GOLF CORPORATION
May 10, 1988
Mr. Tom McCabe
City Manager
1243 National City Blvd.
National City, Ca. 92050
Dear Mr. McCabe
Attached you will find our proposed fee increase for National
City Golf Course. Included with our proposal are the nine hole
fees being charged at local comparable public courses. Our new
fees would be comparable to those courses.
We would like these new fees to be effective June 15, 1988.
Please let me know the date and time this proposal will be on the
agenda for City Council consideration.
Cordially,
.2cyk 77- //e2thq
Stephen T. Harker
Regional Director
Mission Trails G.C.
7380 Golf Crest Place
San Diego, Ca. 92119
(619) 460-5409
cc: Jim Ruiz
Bill Goree
AMERICAN GOLF CORPORATION
* «»
9 HOLES
*
LOCAL COMPARABLE PUBLIC COURSES - MAY 6, 1988
GOLF WEEKDAY WEEKEND
COURSE GREEN FEE GREEN FEE CART FEE
BALBOA PARK (9) $ 4.50 (RESIDENT) SAME N/A
$10.00 (NON. RES.) SAME N/A
BONITA $ 5.00 $ 8.00
CHULA VISTA $ 5.00 $ 6.00
MISSION BAY (9 OR 18) $ 6.50 $ 7.50
RIVER VALLEY $ 5.00 $ 6.00
$ 8.00
$ 9.00
$ 4.50
$ 9.00
NATIONAL CITY GOLF COURSE (9 HOLES)
PRESENT
WEEKDAY GREEN FEE $ 4.00
REPLAY $ 2.50
WEEKDAY SR/JR $ 3.50
REPLAY $ 2.00
WEEKEND GREEN FED $ 5.00
REPLAY $ 4.00
WEEKEND SR/JR (AFTER 12) $ 4.00
REPLAY $ 3.00
POWER CART $ 6.00
PROPOSED INCREASE
$ 5,00
$ 2.50
$ 4.00
$ 2.00
$ 6.00
$ 4.00
$ 5.00
$ 3.00
$ 8.00
$ 1.00
NONE
.50
NONE
$ 1.00
NONE
$ 1.00
NONE
$ 2.00
:ity of National City, Californir
CvUNCIL AGENDA STATEMENT
MEETING DATE April 7. 1987
AGENDA ITEM NO. 32
/ ITEM TITLE
REQUEST FOR INCREASE IN REPLAY RATES AT NATIONAL CITY GOLF
COURSE BY AMERICAN GOLF CORPORATION.
PREPARED BY Jim Ruiz
EXPLANATION
DEPARTMENT PARKS & RECREATION
American Golf Corporation has requested an increase in green fees at the
golf course. The increase would only apply for REPLAY rates.
Staff conducted a survey of rates in the area and found that the
requested increase for replay rates to be reasonable.
Environmental Review
Financial Statement
N/A
xx N/A
Account No.
RAH RECOMMENDATION
Recommend approval of request by American Golf Corporation.
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below) Resolution No.
Ltr. from American Golf
A 200 (Rev. 9/80)
May 27, 1988
Mr. Tom McCabe
City Manager
City of National City
1243 National City Blvd.
National City, Ca. 92050
Dear Mr. McCabe
Attached you will find our proposed fee increase for National
City Golf Course. Included with our proposal are the nine hole
fees being charged at local comparable public courses. Our new
fees would be comparable to those courses.
We would like these new fees to be effective July 1, 1989.
Please let me know the date and time this proposal will be on the
agenda for City Council consideration.
Cordially,
Steve Harker
Regional Director
American Golf Corporation
7380 Golf Crest Place
San Diego, Ca. 92119
(619) 460-5400
freePUlmMRuie
Bill Goree
*** 9 HOLES ***
LOCAL COMPARABLE PUBLIC COURSES - MAY 24, 1989
GOLF WEEKDAY WEEKEND
COURSE GREEN FEE GREEN FEE CART FEE
*BALBOA PARK (9) $ 5.00 (RESIDENT) SAME N/A
515.00 (NON. RES.) SAME N/A
BONITA $ 6.00 5 9.00 5 8.00
CHULA VISTA 5 7.00 5 9.00 5 9.00
*MISSION BAY (9 OR 18) 5 7.25 5 8.25 5 9.00
(BEFORE 2PM)
*RIVER VALLEY 5 5.00 5 6.00 5 9.00
*DUE TO THEIR EXECUTIVE LENGTH, THESE COURSE ARE ACTUALLY A
LITTLE LESS THAN COMPARABLE TO NATIONAL CITY.
NATIONAL CITY GOLF COURSE (9 HOLES)
(EFFECTIVE JULY 1, 1989)
PRESENT
PROPOSED INCREASE
WEEKDAY GREEN FEE 5 5.00 5 6.00 5 1.00
REPLAY 5 2.50 5 3.00 .50
WEEKDAY SR/JR $ 4.00 5 4.50 .50
REPLAY $ 2.00 5 2.50 .50
WEEKEND GREEN FEE 5 6.00 5 8.00 5 2.00
REPLAY 5 4.00 5 4.00 NONE
WEEKEND SR/JR (AFTER 12) $ 5.00 5 6.00 5 1.00
REPLAY $ 3.00 $ 4.00 1.00
POWER CART $ 8.00 5 9.00 $ 1.00
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE June 6, 1989
AGENDA ITEM NO. 16
ITEM TITLE RESOLUTION AUTHORIZING THE INCREASE OF FEES AT NATIONAL CITY
GOLF COURSE EFFECTIVE JULY 1, 1989
PREPARED BY JIM RUIZ/��-� DEPARTMENT PARKS & RECREATION
EXPLANATION.
The attached request from American Golf to increase green fees and
cart fees would take effect on July 1, 1989 if approved by the
City Council. The increases range between 50 and $2.
The fees data in the request from American Golf is accurate and has
been verified. These proposed increases would keep National City
Golf Course competitive with other nine hole courses in the county.
A representative from American Golf will be at the council meeting to
answer any specific questions.
1
Environmental Review
Financial Statement
N/A
xx N/A
Account No.
STAFF RECOMMENDATION
RECOMMEND APPROVAL
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No. 15, 979
Request from American Golf
A-200 (Rev. 9/80)
RESOLUTION NO. 15,979
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO AGREEMENT WITH AMER:ICAN GOLF CORPORATION
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute an
Amendment to Agreement between the City of National City and
American Golf Corporation, a copy of which is attached hereto as
Exhibit "A."
PASSED AND ADOPTED this 6th day of June, 1989.
ATTEST:
LORI ANNE PEOPLES
APPROVED AS TO FORM:
Clerk
GEORGE WATERS, Mayor
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 6th day
of June, 1989, by and between the City of National City, a
municipal corporation, hereinafter referred to as "LANDLORD," and
American Golf Corporation, a corporation, hereinafter referred to
as "TENANT."
RECITALS
This Amendment to Agreement is made with reference to the
following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease
and Operating Agreement for the Las Palmas Municipal Golf Course,"
and said Agreement was subsequently amended on July 2, 1985, April
8, 1986, and May 24, 1988.
B. LANDLORD and TENANT desire to amend Paragraph 10.2 of
said Agreement pertaining to green fees and cart fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2 of the "Lease and Operating Agreement
for Las Palmas Municipal Golf Course" is hereby amended to read as
follows:
10.2. All fees charged to patrons at the demised
Premises will be comparable to those fees charged by comparable
competing Southern California public golf courses for similar goods
and services and facilities.
TENANT and LANDLORD agree that green fees and
cart fees will be as follows:
EXHIBIT A
Passed and adopted by the Council of the City of National City, California,
on 6/6/89
by the following vote, to -wit:
Ayes: Councilmen Da 11 a ,
Nays: Councilmen None
Absent: Councilmen Prui tt
Abstain: Councilmen None
AUTHENTICATED BY:
Inzunza, VanDeventer, Waters
GEORGE H. WATERS
Mayor of the City of National City, California
City erk of the City of National Ci y, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. /.%.?9 of the City of National City,
Calif., passed and adopted by the Council of said City on 61.61.8.
City of National City, Californir
CuUNCIL AGENDA STATEMENT
MEETING DATE June 6 , 1989
- /7
AGENDA ITEM NO. 16
ITEM TITLE RESOLUTION AUTHORIZING THE INCREASE OF FEES AT NATIONAL CITY
GOLF COURSE EFFECTIVE JULY 1, 1989
PREPARED BY JIM RUIZ �/ . DEPARTMENT PARKS & RECREATION
EXPLANATION.
The attached request from American Golf to increase green fees and
cart fees would take effect on July 1, 1989 if approved by the
City Council. The increases range between 50 and $2.
The fees data in the request from American Golf is accurate and has
been verified. These proposed increases would keep National City
Golf Course competitive with other nine hole courses in the county.
A representative from American Golf will be at the council meeting to
answer any specific questions.
Environmental Review
Financial Statement
N/A
XX N/A
Account No.
STAFF RECOMMENDATION
RECOMMEND APPROVAL
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No. 15,979
Request from American Golf
A-200 (Rev. 9/80)
RESOLUTION NO. 15,979
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO AGREEMENT WITH AMERICAN GOLF CORPORATION
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute an
Amendment to Agreement between the City of National City and
American Golf Corporation, a copy of which is attached hereto as
Exhibit "A."
PASSED AND ADOPTED this 6th day of June, 1989.
GEORGE WATERS, Mayor
ATTEST:
LORI ANNE PEOPLES, Cit Clerk
APPROVED AS TO FORM:
GEORGE H. EISER, III, City Attorney
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 6th day
of June, 1989, by and between the City of National City, a
municipal corporation, hereinafter referred to as "LANDLORD," and
American Golf Corporation, a corporation, hereinafter referred to
as "TENANT."
RECITALS
This Amendment to Agreement is made with reference to the
following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease
and Operating Agreement for the Las Palmas Municipal Golf Course,"
and said Agreement was subsequently amended on July 2, 1985, April
8, 1986, and May 24, 1988.
B. LANDLORD and TENANT desire to amend Paragraph 10.2 of
said Agreement pertaining to green fees and cart fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2 of the "Lease and Operating Agreement
for Las Palmas Municipal Golf Course" is hereby amended to read as
follows:
10.2. All fees charged to patrons at the demised
Premises will be comparable to those fees charged by comparable
competing Southern California public golf courses for similar goods
and services and facilities.
TENANT and LANDLORD agree that green fees and
cart fees will be as follows:
EXHIBIT A
Green Fees 9 Holes Replay
Weekdays $6.00 $3.00
Seniors & Juniors (Weekdays) 4.50 2.50
Seniors & Juniors (Weekends) 6.00 after 12 noon 4.00
Weekends 8.00 4.00
For purposes of this section, "seniors" shall mean
all persons 60 years old or older, and "juniors" shall mean all
persons 16 years old or younger.
Carts $9.00
$5.00
2. Except as otherwise provided herein, all of the terms and
conditions of the "Lease and Operating Agreement for Las Palmas
Municipal Golf Course" dated May 3, 1984, and as subsequently
amended on July 2, 1985, and April 8, 1986, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunot set their
hands on the date first above written.
CITY OF NATIONAL CITY
ATTEST:
Lor Anne Peoples, City Clerk
APPROV Q AS TO(/JOS
'
UU \\ 43
George H Eisef, III
City Attorney
By: A/-
George 4i. Waters, Mayor
AMERICAN GOLF CORPORATION
By:
By:
Passed and adopted by the Council of the City of National City, California,
on 6/6/89 by the following vote, to -wit:
Ayes: Councilmen Dal l a t
Nays: Councilmen None
Absent: Councilmen Pruitt
Abstain: Councilmen None
AUTHENTICATED BY:
Inzunza, VanDeventer, Waters
GEORGE H. WATERS
By:
Mayor of the City of National City, California
City Clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. .��.?.%, of the City of National City,
Calif., passed and adopted by the Council of said City on 6/..6/$8
(Seal)
City Clerk of the City of National City, California
By:
Deputy
AMERICAN GOLF CORPORATION
9 June 1989
Jim Ruiz
City of National City
Parks & Recreation Department
140 East 12th Street
National City, California 92050-3312
Re: Amendment to Agreement
Dear Mr. Ruiz:
Please find enclosed two duplicate originals of the
Amendment to Agreement between the City of National City and
American Golf Corporation ("AGC"), both of which have been
executed by David G. Price as AGC's Chairman of the Board of
Directors and Chief Executive Officer. I have attested to
Mr. Price's signature as secretary of the corporation and
have applied the corporate seal.
After you have obtained the mayor and city clerk's
signatures and the city attorney's approval as to form,
please return one of the two fully executed originals to me
for AGC's corporate records. The other original is for the
city's files.
Thank you for your attention to this matter.
Sincerely,
AMERICAN GOLF CORP
Ste h3h R. Ho
Vice President--R'ecretary
and General Counsel
SRH/
enclosures
cc: Ken Davidson
Steve Harker
Bill Goree
1633-26th Street, Santa Monica, California 90404-4024, Telephone (213) 315-4200
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 6th day
of June, 1989, by and between the City of National City, a
municipal corporation, hereinafter referred to as "LANDLORD," and
American Golf Corporation, a corporation, hereinafter referred to
as "TENANT."
RECITALS
This Amendment to Agreement is made with reference to the
following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease
and Operating Agreement for the Las Palmas Municipal Golf Course,"
and said Agreement was subsequently amended on July 2, 1985, April
8, 1986, and May 24, 1988.
B. LANDLORD and TENANT desire to amend Paragraph 10.2 of
said Agreement pertaining to green fees and cart fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2 of the "Lease and Operating Agreement
for Las Palmas Municipal Golf Course" is hereby amended to read as
follows:
10.2. All fees charged to patrons at the demised
Premises will be comparable to those fees charged by comparable
competing Southern California public golf courses for similar goods
and services and facilities.
TENANT and LANDLORD agree that green fees and
cart fees will be as follows:
Green Fees 9 Holes Replay
Weekdays $6.00 $3.00
Seniors & Juniors (Weekdays) 4.50 2.50
Seniors & Juniors (Weekends) 6.00 after 12 noon 4.00
Weekends 8.00 4.00
For purposes of this section, "seniors" shall mean
all persons 60 years old or older, and "juniors" shall mean all
persons 16 years old or younger.
Carts $9.00 $5.00
2. Except as otherwise provided herein, all of the terms and
conditions of the "Lease and Operating Agreement for Las Palmas
Municipal Golf Course" dated May 3, 1984, and as subsequently
amended on July 2, 1985, and April 8, 1986, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunot set their
hands on the date first above written.
CITY OF NATIONAL CITY
ATTEST:
(AAAA,JI
Lo 1 Anne Peoples, City Clerk
APPROVED AS TO
George Ff. Eiser, III
City Attorney
By:
George H4 Waters, Mayor
AMERICAN GOLF CORP_:iiv TION
By:
By:
:avid G. Price C,� man: of e
B•.rd and Chie �� utive 0 icer
Sty en R. Ho _, ecretary
-2-
CITY OF NATIONAL CITY, CALIFORNIA
1243 NATIONAL CITY BOULEVARD • NATIONAL CITY, CALIFORNIA 92050 • (619) 336-4226
LORI A. PEOPLES
CITY CLERK
June 9, 1989
American Golf Corportation
Gentlemen:
Enclosed are two copies of the agreement executed by the
City and Resolution No. 15,979, which was adopted by the
City Council on June 6, 1989.
When you have fully excuted these agreements please
return one to me at the City Clerk's office.
Thank you,
•
is Strangman
/js
Enclosures (3)
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this
26th day of June, 1990, by and between the City of National City,
a municipal corporation, hereinafter referred to as "LANDLORD",
and American Golf Corporation, a corporation, hereinafter
referred to as "TENANT".
RECITALS
This Amendment to Agreement is made with reference to
the following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a
"Lease and Operating Agreement for the Las Palmas Municipal Golf
Course", and said Agreement was subsequently amended on July 2,
1985, April 8, 1986, and May 24, 1988.
B. LANDLORD and TENANT desire to amend Paragraph 10.2
of said Agreement pertaining to green fees and cart fees.
NOW, THEREFORE, the parties hereto mutually agree as
follows:
1. Paragraph 10.2 of the "Lease and Operating
Agreement for Las Palmas Muncipal Golf Course" is hereby amended
to read as follows:
10.2. All fees charged to patrons at the
demised Premises will be comparable to those fees charged by
comparable competing Southern California public golf course for
similar goods and services and facilities.
Tenant and landlord agree that green fees
and cart fees will be as follows:
GREEN FEES 9 HOLES REPLAY
Weekdays - Regular $6.50 $3.50
Weekdays - Seniors
(National City Residents) 4.50 2.50
Weekdays - Seniors
(Non -National City
Residents) 5.00 3.00
Weekends - Regular 8.50 5.00
Weekends - Seniors
(National City Residents) 6.00 4.00
Weekends - Seniors
(Non -National City
Residents) 7.00 4.00
Carts 9.00 5.00
Twilight (Weekdays) 5.00
Twilight (Weekends) 5.00
Range:
X Large
Large
Small
7.00
4.00
3.00
For purposes of this section, "seniors" shall mean all
persons 60 years old or older.
2. Except as otherwise provided herein, all of the terms and
conditions of the "Lease" and Operating Agreement for Las Palmas
Municipal Golf Course" dated May 3, 1984, and as subsequently
amended on July 2, 1985, April 8, 1986, and on May 24, 1988,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands on the date first above stated.
/c/- is
GEORGE . WATERS MAYOR
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY
AMERIC GOLF CORTION
BY:
BY:
fer,
t and Secretary
CITY OP NATIONAL CITY, CALIFORNIA
1243 NATIONAL CITY BOULEVARD • NATIONAL CITY, CALIFORNIA 92050 • (619) 336-4226
LORI A. PEOPLES
CITY CLERK
June 28, 1990
American Golf Corporation
Attn: Bert Geinsendorff
7380 Golf Creat Place
San Diego, CA 92119
Dear Mr. Geinsendorff:
Enclosed are four copies of the agreement executed by the
City and one copy of Resolution No. 16,287 which was
adopted by the City Council on June 28, 1990.
When you have fully executed these agreements please
return one to me at the City Clerk's office.
Enclosures (5)
City of National City, Californic
COUNCIL AGENDA STATEMENT
MEETING DATE June 26, 1990
AGENDA ITEM NO. 13
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
AMERICAN GOLF ASSOCI'TIAN,
PREPARED BY JIM RUIZ, DEPARTMENT PARKS & REC.
EXPLANATION.
Amendment allows the golf course to implement new fees for carts,
range balls, and greens fees.
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
RECOMMEND APPROVAL
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Amendment
Resolution No. 16,287
A-200 (Rev. 9/80)
Or
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 6th day
of June, 1989, by and between the City of National City, a
municipal corporation, hereinafter referred to as "LANDLORD," and
American Golf Corporation, a corporation, hereinafter referred to
as "TENANT."
RECITALS
This Amendment to Agreement is made with reference to the
following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease
and Operating Agreement for the Las Palmas Municipal Golf Course,"
and said Agreement was subsequently amended on July 2, 1985, April
8, 1986, and May 24, 1988.
B. LANDLORD and TENANT desire to amend Paragraph 10.2 of
said Agreement pertaining to green fees and cart fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2 of the "Lease and Operating Agreement
for Las Palmas Municipal Golf Course" is hereby amended to read as
follows:
10.2. All fees charged to patrons at the demised
Premises will be comparable to those fees charged by comparable
competing Southern California public golf courses for similar goods
and services and facilities.
TENANT and LANDLORD agree that green fees and
cart fees will be as follows:
EXHIBIT A
Green Fees 9 Holes Replay
Weekdays $6.00 $3.00
Seniors & Juniors (Weekdays) 4.50 2.50
Seniors & Juniors (Weekends) 6.00 after 12 noon 4.00
Weekends 8.00 4.00
For purposes of this section, "seniors" shall mean
all persons 60 years old or older, and "juniors" shall mean all
persons 16 years old or younger.
Carts $9.00
$5.00
2. Except as otherwise provided herein, all of the terms and
conditions of the "Lease and Operating Agreement for Las Palmas
Municipal Golf Course" dated May 3, 1984, and as subsequently
amended on July 2, 1985, and April 8, 1986, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunot set their
hands on the date first above written.
CITY OF NATIONAL CITY
ATTEST:
I
Loii Anne Peoples, City Clerk
APPROVE AS TO FO'1
George H. Eiser, III
City Attorney
By:
George I. Waters, Mayor
AMERICAN GOLF CORPORATION
a
11L ..f !/
.vismr,�
Robert H. Willia p
/,
By:
By:
St- n R. Ho
eneral
sVice President
-2-
:ity of National City, California'
COUNCIL AGENDA STATEMENT
MEETING DATE July_17 , 1990
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH
AMERICAN GOLF CORPORATION .•
AGENDA ITEM NO. 6
PREPARED BY
EXPLANATION.
This amendment clarifies new rates for green fees and cart rentals
at the Municipal Golf Course.
Jim Ruiz
DEPARTMENT Parks & Recreation
Environmental Review
Financial Statement
N/A
STAFF RECOMMENDATION
Recommend Approval
X N/A
BOARD/COMMISSION RECOMMENDATION
N/A
Account No.
ATTACHMENTS (Listed Below) Resolution No. 16,297
A-200 (Rev. 9/80)
RESOLUTION NO. 16,287
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO AGREEMENT WITH AMERICAN GOLF CORPORATION
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute
an Amendment to Agreement between the City of National City
and American Golf Corporation, a copy of which is attached
hereto as Exhibit "A".
PASSED and ADOPTED this 26th day of June, 1990.
GEORGE H.'WATERS, MAYOR
ATTEST:
LORI ANNE PEOPLES, IITTY CLERK
APPROVED AS TO FORM:
GEORGE . EISER, III
CITY ATTORNEY
RESOLUTION NO. 16,297
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO AGREEMENT WITH AMERICAN GOLF CORPORATION,
AND RESCINDING RESOLUTION NO. 16,287
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute
an Amendment to Agreement between the City of National City
and American Golf Corporation, which is on file in the Office
of the City Clerk.
BE IT FURTHER RESOLVED that Resolution No. 16,287
is hereby rescinded.
PASSED AND ADOPTED this 17th day of July, 1990.
GEORGE H. WATERS, Mayor
ATTEST:
LOR11 ANNE PEOPLES, City Clerk
APPROVED AS TO FORM:
GEORG H. EISER, III, City Attorney
Passed and adopted by the Council of the City of National City, California,
on July 16, 1990 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
AUTHENTICATED BY:
Dalla, Inzunza, Pruitt, Van Deventer, Waters
None
None
None
GEORGE H. WATERS
By:
Mayor of the City of National City, California
City Cler of the City of National ity, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. 16297 ,
of the City of National City,
Calif., passed and adopted by the Council of said City on July 17, 1990
(Seal)
By:
City Clerk of the City of National City, California
Deputy
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this
26th day of June, 1990, by and between the City of National City,
a municipal corporation, hereinafter referred to as "LANDLORD",
and American Golf Corporation, a corporation, hereinafter
referred to as "TENANT".
RECITALS
This Amendment to Agreement is made with reference to
the following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a
"Lease and Operating Agreement for the Las Palmas Municipal Golf
Course", and said Agreement was subsequently amended on July 2,
1985, April 8, 1986, and May 24, 1988.
B. LANDLORD and TENANT desire to amend Paragraph 10.2
of said Agreement pertaining to green fees and cart fees.
NOW, THEREFORE, the parties hereto mutually agree as
follows:
1. Paragraph 10.2 of the "Lease and Operating
Agreement for Las Palmas Muncipal Golf Course" is hereby amended
to read as follows:
10.2. All fees charged to patrons at the
demised Premises will be comparable to those fees charged by
comparable competing Southern California public golf course for
similar goods and services and facilities.
Tenant and landlord agree that green fees
and cart fees will be as follows:
GREEN FEES 9 HOLES REPLAY
Weekdays - Regular $6.50 $3.50
Weekdays - Seniors 5.00 3.00
Weekdays - Seniors
(Non -National City
Residents) 6.50 3.50
Weekends - Regular 8.50 5.00
Weekends - Seniors 7.00 4.00
Weekends - Seniors
(Non -National City
Residents) 8.50 5.00
Carts 8.00 5.00
Twilight (Weekdays) 5.00
Twilight (Weekends) 5.00
Range:
X Large 7.00
Large 4.00
Small 3.00
For purposes of this section, "seniors" shall mean all
persons 60 years old or older.
2. Except as otherwise provided herein, all of the terms and
conditions of the "Lease" and Operating Agreement for Las Palmas
Municipal Golf Course" dated May 3, 1984, and as subsequently
amended on July 2, 1985, April 8, 1986, and on May 24, 1988,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands on the date first above stated.
GEORGEWATERS MAYOR
APPROVED AS TO FORM:
/fsf
LU�w a
GEORGE H. EISER, III -CITY ATTORNEY
RESOLTTICN ND. 16,287
AMERICAN GOLF CORPORATION
BY:
BY:
Passed and adopted by the Council of the City of National City, California,
on June 26, 1990 by the following vote, to -wit:
Ayes: Councilmen Dalla, Inzunza, Pruitt, Van Deventer, Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
a
GEORGE H. WATERS
Mayor of the City of National City, California
City Clei`k of the City of National Ci, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO.....1.4.,287 of the City of National City,
Calif., passed and adopted by the Council of said City on June 26, 1994
(Seal)
City Clerk of the City of National City, California
By:
Deputy
Ft Lc
A,v, 60iR .. •
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 92050-4397
George H. Eiser, III —City Attorney (619) 336-4220
TO: Mayor and City Council DATE: August 28, 1990
FROM: City Attorney
SUBJECT: Extension of Lease for Las Palmas Golf Course
The City's lease of Las Palmas Golf Course with American Golf
Corporation provides for an initial five-year term, ending August
31, 1990. The lease additionally states:
"Provided Tenant has fully complied with all
the obligations contained in this lease,
Tenant will have the option to extend this
Lease at the end of the initial term for seven
5-year terms by giving the Landlord written
notice of such desire six (6) months before
the end of the particular term in question."
I have received a letter from Stephen R. Hofer, Vice President and
General Counsel for American Golf Corporation, stating American
Golf's desire to extend the lease from September 1, 1990 through
August 31, 1995. The Director of Parks and Recreation confirms
that American Golf has fully complied with all the obligations
contained in the Lease during the initial Lease term. Since the
lease provides the lessee an option to "extend" the present lease,
rather than "renewing" the lease. (i.e. entering into a new lease),
no action by the City is required for the extension to take effect.
GHE/pjl
CC:
George H. Eiser, III, City Attorney
City Manager
Director of Parks and Recreation
City Clerk
Stephen R. Hofer
AGENDA ITEM #13
11/13/90
AMERICAN GOLF CORPORATION
i'A.. et,r,.
o-&MItt a)r4- /V‘6,0,,Z1 k c-
al/ , 0-6 Ju-sL,
,L,471.-?€-4 4
kJ, L
U
AMERICAN GOLF CORPORATION
Bill Goree
PGA Professional' General Manager
Lessons by Appointment
National City Golf Course
(619) 474-1400
City of National City
Planning Department
1243 National City Blvd., National City, CA 92050-4397 (619) 336-4310
ROGER G. POST — DIRECTOR
November 9, 1990
TO:
FROM: ROGER G. POST/ PLANNING DIRECTOR
RE:
MAYOR AND CITY COUNCIL
OUTDOOR S. TAKE AT NATIONAL CITY GOLF COURSE
Responding to a compliant, staff verified that merchandise was being
displayed for sale outside the pro shop. On November 6, staff sent a
notice to American Golf Corporation directing them to cease this activity.
The property was reinspected on November 7 and it was determined that the
violation had been abated.
Section 18.92.030 of the Land Use Cue limits special outdoor pna:utions to
three days each, twice a year. Through the issuance of a Temporary Use
Permit the City Council can specify a longer timefrarne.
If there is a desire to allow outdoor sales of merchandise on a permanent
basis, a code amendment would be necessary. This could result in a
cluttered appearance around our commercial areas, however.
RGP:lls
18.90.050--18.92.030
18.90.050 Li htin .
All outdoor shielded and adjusted that the light therefrom is
to fall only osame lighting shall be so
is located. (Ord. 1503 §i(p premises upon which such lirhttso
)' 1976: NCLUC 5976-11.04)urCe 18.90.060 Si ns.
Chapter 18.62 (Signs and For provisions regulatingg , see
Sl (Part) , 1976: NCLUC §977O6 11o05j dvertising) . Ord. n1503
T
18.90.070 em orar ermit re fired.
For regarding tem
1987 §1(part), 1989: permit, see Chapter 15.60rovisions
C
§976-11.06). Ord. 1503 §1(part), 1976: NCLUOrd.
Chapter 18.92
OUTDOOR DISPLAY OR
SALE OF MERCHANDISE
Sec__- tions:
18.92.010 Regulations generally.
18.92.020 Permitted displays.
18.92.030 Special promotions.
18.92.040 Seasonal sale of Christmas trees and
pumpkins.
18.92.010 Re lations
sale of merchandise shall s enerall .
saleprovof a this chapter. inns thetcitydoor displaycptor
(Ord. 1503ed city except as
§976-12(part)),§1(part), 1976:
NCLUC
18.92.020 Permitted dis la s,
In the industrial zones, businesses such as service stations,
and
dealers, recreational vehicle sales lots
display stations, auto
P y and sale of flowers in conjunction with a licensed
flower nurseries, outdoor
shops, building material
determined by the planningyards, and similar uses
that customarily display director per Section 18.104.040)
that customarily
oulyooisplayon tmerchandiSeoutdoors may
merc. (Ord. outdoors
approved for suchdaspusi
NCLUC §976-12.01).§§22' 1978; Ord. 1503 §1(part busi-
), 1976:
18.92.030 S ecial
the c92.030 e l romotaons. A. All other businesses
ino which outdoor zones may
pro-
motionslito which outddays each, which
and sales are eallowed, time. No business shall have hmore sthan twoall lsaleslinsat up
days between sales.
calendar year. There shall be a period of
at least thirty
499 (National
City 2/90)
18.92.040
B. For special promotions lasting more than three days,
or for more than two such sales in one calendar
year,
council approval in accordance with Chapter 15.60mustcit
be obtained. All such sales shall be limited to the site
approve- for such a business or on an adjacent (contiguous)
lot.
C. No business shall conduct a special promotion with
outdoor display on a property when the business does not have
a permanent business address on the same property. This
restriction shall not apply to sales conducted entirely
indoors. (Ord. 1987 §l(part), 1989: Ord.
Ord. 1503 §l(part), 1976: NCLUC §976-12.02)925 §11, 1987:
18.92.040 Seasonal sale of Christmas trees and um kins.
A. The outdoor seasonal sale of
Christmas
is only permitted in commercial zones eitherrons and pumpkins
developed with a commercial use or on vacant property
o
B. Such displays and sales are limited tothirty-five
days each including installation and removal of all related
materials. A business license and certificate of occupancy
shall be obtained each year prior to setting updisplays.
Application for a certificate of occupancy shall bemade no
more than ten days prior to commencement of each sale. (Ord.
1985 §1, 1989).
500
(National City 2/90)
City--56f National City
Office of the City Manager
1243 National City Blvd., National City, CA 92050-4397 (619) 336-4240
Tom G. McCabe —City Manager
November 12, 1990
TO Mayor and City Council
FROM Assistant City Manage
SUBJECT : CITY COUNCIL AGENDA ITEM #13 (11/13/90 MEETING)
- LEITER FROM AMERICAN GOLF CORPORATION
This morning I received a telephone call from Jack Sands who is the new golf course
manager. Mr. Sands stated that he would like more time to review this matter and
requests that the item be held over until the Council Meeting on December 4, 1990.
GJB:Id
Attachment
xc: City Manager
City Clerk
Planning Director
Parks and Recreation Director
Pending Agenda File
SN 71000 5M 5/84
To:
City Clerk
CITY OF NATIONAL CITY
INTERDEPARTMENTAL MEMORANDUM
From: City Attorney
Date: 9-19-90
Subject: Amendment to Agreement; American Golf Corp.
Transmitted herewith for your files is the original of the
Amendment to Agreement between the City and American Golf
Corporation, dated June 26, 1990.
cc: Director of Parks and Recreation
By
4
ty of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE June 25, 1991 AGENDA ITEM NO. 7
(-ITEM TITLE RESOLUTION AUTHORIZING THE INCREASE OF GREEN FEES AT NATIONAL
CITY GOLF COURSE EFFECTIVE JULY 1, 1991
PREPARED BY JIM RUIZ ; 4Y I A N U DEPARTMENT PARKS & RECREATION
EXPLANATION
The attached request from American Golf to increase green fees would
take effect on July 1, 1991 if approved by the City Council.
The fees data in the request from American Golf is accurate and has
been verified. The request asks for a $1 increase for 9 holes and
500 for replays.
The proposed increases would keep National City Golf Course just below
the average rates of comparable courses in the area. The last fee
increase was July 1, 1990, with increases between 500 to $1 for green
fees, cart rentals, and range balls. The proposed increases this year
are for green fees only.
A representative from American Golf will be at the council meeting to
answer any specific questions.
Environmental Review x N/A
Financial Statement
N/A
STAFF RECOMMENDATION
Recommend approval.
BOARD/COMMISSION RECOMMENDATION
Recommend Approval
Account No.
ATTACHMENTS ( Listed Below) 91-13 8
Resolution No.
Request from American Golf
A-200 (Rev. 9/80)
RESOLUTION NO. 91-138
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH
AMERICAN GOLF CORPORATION
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute
an Amendment to Agreement between the City of National City
and American Golf Corporation. Said Amendment to Agreement is
on file in the Office of the City Clerk.
PASSED and ADOPTED this 25th day of June, 1991.
George H. aters, Mayor
ATTEST:
oi Anne Peoples, City Clerk
APPROVED AS TO FORM:
/%46
George H. Eiser, III
City Attorney
•
Passed and adopted by the Council of the City of National City, California,
on June 25, 1991 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Dal la. Inzunza. Van Deventer. Zarate, Waters
None
None
None
AUTHENTICATED BY:
GEORGE H. WATERS
By:
Mayor of the City of National City, California
City Clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. ...91-J 38 of the City of National City,
Calif., passed and adopted by the Council of said City on Oune..25....1991
(Seal)
By:
City Clerk of the City of National City, California
Deputy
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 18th day of June,
1991, by and between the City of National City, a municipal corporation, hereinafter
referred to as "LANDLORD," and American Golf Corporation, hereinafter referred to
as "TENANT."
RECITALS
This Amendment to Agreement is made with reference to the following
recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease
and Operating Agreement for the Las Palmas Municipal Golf Course," and said
Agreement was subsequently amended on July 2, 1985, April 8, 1986, May 24, 1988,
and July 17, 1990.
B. LANDLORD and TENANT desire to amend Paragraph 10.2 of said
Agreement pertaining to green fees and cart fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2 of the "Lease and Operating Agreement for Las Palmas
Municipal Golf Course" is hereby amended to read as follows:
"10.2. All fees charged to patrons at the demised Premises
will be comparable to those fees charged by comparable competing
Southern California public golf course for similar goods and services and
facilities.
Tenant and Landlord agree that green fees and cart fees will
be as follows:
GREEN FEES 9 HOLES REPLAY
Weekdays - Regular $7.50 $4.00
Weekdays - Seniors 5.50 3.00
Weekdays - Seniors
(Non -National City
Residents) 6.00 3.50
GREEN FEES (Continued) 9 HOLES REPLAY
Weekends - Regular 9.50 5.50
Weekends - Seniors 7.00 4.50
Weekends - Seniors
(Non -National City
Residents) 8.00 4.50
Carts 8.00 5.00
Twilight (Weekdays) 6.00
Twilight (Weekends) 6.00
Range:
X Large 7.00
Large 4.00
Small 3.00
For purposes of this section, 'seniors' shall mean all persons
60 years old or older."
2. Except as otherwise provided herein, all of the terms and conditions of
the "Lease and Operating Agreement for Las Palmas Municipal Golf Course" dated May
3, 1984, and as subsequently amended on July 2, 1985, April 8, 1986, May 24, 1988,
and on July 17, 1990, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
on the date first above stated.
APPROVED AS TO FORM:
Geor e H. 4 ‘/A-gx.41.---
Eiser, III
City Attorney
G%,
George H. aters, Mayor
AMERICAN GOLF CORPORATION
7C2: J i Wtarz
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PRODUCER
Jardine Insurance Brokers Los Angeles
11835 W. Olympic Blvd., 5th Fl.
Los Angeles, California 90064
Tel: (213) 444-3333
INSURED _........
American Golf Corporation, Etal
1633 - 26th Street
Santa Monica, California 90404-4024
Inc
ISSUE DATE (MM/DD/YY)
7/15/91
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
L
IF YOU SHOULD HAVE ANY QUESTIONS REGARDING
THIS CERTIFICATE OF INSURANCE OR CORRESPONDENCE,
PLEASE CONTACT:
�ze2_
Jardine Emett it Chandler Los Angeles Inc.
Insurance Brokers
11835 West Olympic Blvd
5th Floor
Los Angeles, California 90064
(213) 444-3333
Thank You
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEL _ _ _.-_._ . _— ....,, ,.,v *-.u-„cave l O THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
,1LTR' DATE (MM/DD/YY) DATE (MM/DD/YY)
1
A
B
C
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X. OCCUR
OWNER'S & CONTRACTOR'S PROT',
AUTOMOBILE LIABILITY
x ANY AUTO
X ALL OWNED AUTOS
X SCHEDULED AUTOS
X HIRED AUTOS
X.. NON -OWNED AUTOS
GARAGE LIABILITY
GKTT.-$300.000 Limit
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
V
RMGL 3257950
($200,000 S.I.R.)
RMCA 1427881 - AOS
RMCA TX1427882 - Texas
(92) 7966-24-44
7/15/91
7/15/91
7/15/91
7/15/92
7/15/92
7/15/92
GENERAL AGGREGATE $ 1,,.800, 000
PRODUCTS-COMP/OP AGG. $ 1 , 800 , 000,
PERSONAL & ADV. INJURY $ 1 , 800 , 000
EACH OCCURRENCE
$ 1,8.00,000
FIRE DAMAGE (Any one fire) $
5.0.,,000____
MED. EXPENSE (Any one person)„ $ s nnn
COMBINED SINGLE
LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
EACH OCCURRENCE
$1,000,000
$10,000,000
$10,000,000
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
1. RMHC 1232582 - Texas
2. RMWC 1232583 - AOS
RMWC 1237584 - Ariz
7/15/91
7/15/92
Ore Mary.. Id . VA
STATUTORY LIMITS
EACH ACCIDENT $ 1 , 000 , 000
DISEASE —POLICY LIMIT $ 1. , 000 ,000
DISEASE —EACH EMPLOYEE $ 1 . 000 , 000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
*V
City of National City
1243 National City Boulevard
National City, CA 92050-4397
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIN ' UPON THE COMPANY, NTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTA
e—
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE May 4, 1993
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AMENDING
LEASE AGREEMENT WITH AMERICAN GOLF CORPORATION
AGENDA ITEM NO. 5
PREPARED BY JIM RUIZ
EXPLANATION
DEPARTMENT PARKS & RECREATION
Request from American Golf to change price of range ball buckets as
follows:
Current Charge
Warm Up - $2 (30-35 balls)
Small - $3.25 (50-55 balls)
Medium - $4.50 (90-100 balls)
Large - $8 (150-200 balls)
Proposed Charge
Warm Up - $1 (20-25 balls)
Small - $2.50 (30-35 balls)
Medium - $4.50 (60-65 balls)
Large - $5 (90-100 balls)
Practice - $8 (150-200 balls)
Environmental Review x N/A
Financial Statement
N/A
$T_AFF RECOMMENDATION
Approval, effective May 5, 1993
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
.Letter from American Golf
.Resolution and Amendment to Agreement
Account No.
Resolution No.93-58
A-200 (Rev. 9/80)
American Golf Corporation®
Jim Ruiz
City Of National City
Department of Parks and Recreation
National City, Ca. 91950
Dear Mr. Ruiz
As per our phone conversation, this is to inform you of the requested price increases
of range ball buckets.
Currently we charge;
Warm-up- $2.00 (approx. 30-35 balls )
Small -$3.25 ( " 50-55 " )
Medium -$4.50 ( " 90-100 " )
Large -$8.00 ( " 150-200 " )
In order to stay competitive with the local market we would like to raise bucket prices
as follows;
As you can see
in line with our
every month.
Warm-up- $1.00 (approx. 20-25 balls )
Small -$2.50 ( " 30-35 " )
Medium -$4.50 ( " 60-65 " )
Large -$5.00 ( " 90-100 " )
Practice -$8.00 ( ^ 150-200 " )
we are offering another bucket size and adjusting the sizes to be more
competitors. We will also be upgrading our ball quality with new balls
Per City approval these prices would be effective April 1, 1993.
Please fill free to contact me if any further information is needed.
Sine
Min Gomez
General Man
National City Golf Course
cc: Tom Frost,Regional Director,American Golf Corp.
RESOLUTION NO. 93-58
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT
WITH AMERICAN GOLF CORPORATION
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute an
Amendment to Agreement between the City of National City and
American Golf Corporation. Said Amendment to Agreement is on file
in the Office of the City Clerk.
ATTEST:
PASSED and ADOPTED this 4th day of May, 1993.
George H.°Waters, Mayor
Lo i Anne Peoples, ditY Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California,
on May 4, 1993 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
AUTHENTICATED BY:
Dalla, Inzunza, Morrison, Zarate, Waters
Non e
None
Non e
GEORGE H. WATERS
By:
Mayor of the City of National City, California
City clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO....9.3-.a8 of the City of National City,
Calif., passedand adopted by the Council of said City on ...May....4.,....19.9.3
(Seal)
City Clerk of the City of National City, California
By:
Deputy
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 4th day of
May , 1993, by and between the City of National City, a municipal
corporation, hereinafter referred to as "LANDLORD," and American Golf Corporation,
hereinafter referred to as "TENANT."
recitals:
RECITALS
This Amendment to Agreement is made with reference to the following
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease
and Operating Agreement for the Las Palmas Municipal Golf Course," and said
Agreement was subsequently amended on July 2, 1985, April 8, 1986, May 24, 1988,
July 17, 1990, and June 18, 1991.
B. LANDLORD and TENANT desire to amend Paragraph 10.2 of said
Agreement pertaining to fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2 of the "Lease and Operating Agreement for Las Palmas
Municipal Golf Course" is hereby amended to read as follows:
"10.2. All fees charged to patrons at the demised Premises
will be comparable to those fees charged by comparable competing
Southern California public golf courses for similar goods and services and
facilities.
A. Tenant and Landlord agree that green fees and cart fees
will be as follows:
GREEN FEES 9 HOLES REPLAY
Weekdays - Regular $7.50 $4.00
Weekdays - Seniors 5.50 3.00
Weekdays - Seniors
(Non -National City
Residents) 6.00 3.50
GREEN FEES (Continued) 9 HOLES REPLAY
Weekends - Regular 9.50 5.50
Weekends - Seniors 7.00 4.50
Weekends - Seniors
(Non -National City
Residents) 8.00 4.50
Carts 8.00 5.00
Twilight (Weekdays) 6.00
Twilight (Weekends) 6.00
Range:
X Large 7.00
Large 4.00
Small 3.00
For purposes of this section, 'seniors' shall mean all persons
60 years old or older."
B. Tenant and Landlord agree that prices for range ball
buckets will be as follows:
Warm Up $1.00 (20-25 balls)
Small $2.50 (30-35 balls)
Medium $4.50 (60-65 balls)
Large $5.00 (90-100 balls)
Practice $8.00 (150-200 balls)
2. Except as otherwise provided herein, all of the terms and conditions of
the "Lease and Operating Agreement for Las Palmas Municipal Golf Course" dated May
3, 1984, and as subsequently amended on July 2, 1985, April 8, 1986, May 24, 1988,
July 17, 1990, and on June 18, 1991, shall remain in full force and effect.
///
///
2
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
on the date first above stated.
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
3
George H Mayor
AMERICAN GOLF CORPORATION
By:
14;0
By:i/: 1%C�, �' Ide'vt-"
RTIFICATE OF INSURANCE NO. 35
Broker: JOHNSON & HIGGINS OF CA. - 2029 CENTURY PARK EAST, LOS ANGELES, CA 90067
(1) This certificate is not an insurance policy and does not amend extend or alter
the coverage afforded by the policies listed on this certificate, and (2)
notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate may be concerned or may pertain, the insurance
afforded by the policies listed on this certificate is subject to all the terms,
1 ns and con�i*�^ns of such policies. (California Insurance Code, Section 384)
exc usio
NAME AND ADDRESS OF CERTIFICATE HOLDER:
NAME AND ADDRESS OF INSURED:
City of National City
1243 National City Blvd.
National City, CA 92050-4397
American Golf Corporation, Etal
1633 - 26th Street
Santa Monica, California 90404-4024
This is to certify that the policy(ies) of insurance listed below have been issued to the
Insured named above and are in force at this time. Coverage subject to annual aggregate
limits may be eroded by prior occurrences.
Type of Insurance: Real Property, Personal Property and Equipment including Golf carts.
Insurance Companies & Policy Numbers:
American Intern'l Specialty Lines Ins. Co. #IMB773-5343
Lexington Ins. Co. #8692748
AEtna Casualty & Surety #86FSK109727SCA
Policy Term: August 15, 1994 to August 15, 1995
Perils of Coverage: "All Risks" of Physical Damage including Earthquake &
Flood.
Description of Coverage: Property Damage Insurance as per policy.
Limits of Liability: $25,000,000 Per occurrence except;
$10,000,000 Flood, per occurrence, annual agg.
$ 2,000,000 Earthquake, per occurrence, annual aggregate
Valuation of Property: Replacement Cost - Property
Functional Replacement Cost - Electronic Data
Processing Equipment
Deductibles: $ 250,000 Per occurrence, All Perils, except:
2% Per unit of insurance for Windstorm, subject
to $250,000 Minimum per location, and
$750,000 Maximum per occurrence.
$ 250,000 Per occurrence for Flood
2% Per unit of insurance for Earthquake,
subject to $250,000 minimum.
5 Day Waiting Period for Time Element,
Earthquake only.
Additional Insured and/or Loss Payee.
Cancellation: Should any of the above described policies be cancelled before the
expiration date thereof, the issuing Company will endeavor to mail sixty (60) days
written notice to the certificate holder named above, but failure to mail such notice
shall impose no obligation or liability of any kind upon the COMPANY, ITS AGENTS OR
REPRESENTATIVES. n
Date Issued: August 15, 1994
BY:
MR00136.37
Passed and adopted by the Council of the City of National City, California,
on March 7, 1995
by the following vote, to -wit:
Beauchamp, Inzunza, Morrison, Zarate, Waters
Ayes: Councilmen
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
GEORGE H. WATERS
By:
Mayor of the City of National City, California
a
City Clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. 95-34 of the City of National City,
Calif., passed and adopted by the Council of said City on
March 7, 1995
(Seal)
By:
City Clerk of the City of National City, California
Deputy
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 7th day of March,
1995, by and between the City of National City, a municipal corporation, hereinafter
referred to as "LANDLORD," and American Golf Corporation, hereinafter referred to
as "TENANT."
RECITALS
This Amendment to Agreement is made with reference to the following
recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease
and Operating Agreement for the Las Palmas Municipal Golf Course," and said
Agreement was subsequently amended on July 2, 1985, April 8, 1986, May 24, 1988,
July 17, 1990, and June 18, 1991.
B. LANDLORD and TENANT desire to amend Paragraph 10.2 of said
Agreement pertaining to fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2 of the "Lease and Operating Agreement for Las Palmas
Municipal Golf Course" is hereby amended to read as follows:
"10.2. All fees charged to patrons at the demised Premises
will be comparable to those fees charged by comparable competing
Southern California public golf courses for similar goods and services and
facilities.
A. Tenant and Landlord agree that green fees and cart fees
will be as follows:
GREEN FEES 9 HOLES REPLAY
Weekdays - Regular $8.00 $4.50
Weekdays - Seniors 5.50 3.00
Weekdays - Seniors
(Non -National City
Residents) 6.00 3.50
Thursday Senior Day 5.00
Weekdays - Juniors 6.00 3.50
GREEN FEES (Continued) 9 HOLES REPLAY
Weekends - Regular 10.00 6.00
Weekends - Seniors 7.00 4.50
Weekends - Seniors
(Non -National City
Residents) 8.00 4.50
Weekends - Juniors 8.00 4.50
Carts 8.00 5.00
Twilight (Weekdays) 7.00
Twilight (Weekends) 8.50
Super Twilight (Weekdays and Weekends) 5.50
Range:
X Large 7.00
Large 4.00
Small 3.00
For purposes of this section, 'seniors' shall mean all persons
60 years old or older."
2. Except as otherwise provided herein, all of the terms and conditions of
the "Lease and Operating Agreement for Las Palmas Municipal Golf Course" dated May
3, 1984, and as subsequently amended on July 2, 1985, April 8, 1986, May 24, 1988,
July 17, 1990, and on June 18, 1991, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
on the date first above stated.
APPROVED AS TO FORM:
nGeorge . Eiser, III
City Attorney
George H. aters, Mayor
AMERICAN GOLF CORPORATION
By:
By:
Assistant Secretary
2
National City Golf Course
American Golf Corporation
1439 Sweetwater Road
National City, CA 92050
February 9, 1995
Mr. James E. Ruiz
Director of Parks and Recreation
City of National City
140 East 12th Street
National City, CA 92050
Dear Jim:
American Golf Corporation would like to propose the attached new rates for
National City Golf Course to be effective April 1, 1995. As you can see by looking at the
attached comparable rates for area courses we have attempted to continue to provide the
customers at the Golf Course an exceptional value for their golfing dollar. We have not
requested an increase in rates since 1991. Nonetheless, we have strived since that time to
make major improvements to the course and practice facilities. Also, you should be aware
that our maintenance costs to include seed, soil, fetilizers, utilities, supplies and labor have
increased significantly since 1991. Our labor costs alone are running 10% over prior years
due to salary increases, improvement project work force and rising employee benefit costs.
This modest increase in selected rates will in no way compensate for our continued
improvement of the facility but it will allow our rates to remain competetive with area golf
courses. Please note that we are not requesting an increase in any senior rate category.
I hope you will find our proposal satisfactory and look forward to meeting with the
Advisory Board on February 16, 1995 and hopefully going before the Council on March
7, 1995. If you have any questions or requests, please call me at 479-4141.
Sincerely,
(51- 5)c--
Ricke Crochet
General Manager
Attachments (3)
PROPOSED RATES FOR NATIONAL CITY GOLF COURSE
WEEKDAY
TYPE CURRENT PROPOSED
9 Hole $ 7.50 $ 8.00
Replay 4.00 4.50
Twilight 6.00 7.00
Super Twilight 5.00 5.50
Senior Citizen 6.00 No Change
Senior Replay 3.50 No Change
Senior Resident 5.50 No Change
Senior Resident Replay 3.00 No Change
Juniors 6.00 No Change
Junior Replay 3.50 No Change
Thusday Senior Day 5.00 No Change
WEEKEND
9 Hole $ 9.50 $10.00
Replay 5.50 6.00
Twilight 7.50 8.50
Super Twilight 5.00 5.50
Senior Citizen 8.00 No Change
Senior Replay 4.50 No Change
Senior Resident 7.00 No Change
Senior Resident Replay 4.50 No Change
Juniors 8.00 No Change
Junior Replay 4.50 No Change
COMPARATIVE RATE SURVEY FOR NATIONAL CITY GOLF COURSE
COURSE
18 HOLE TWILIGHT
WEEKDAY/WEEKEND WEEKDAY/WEEKEND
Bonita Golf Club 15.00 22.00 9.00 12.00
Chula Vista 18.00 24.00 12.00 14.00
Eastlake 29.00 45.00 20.00 20.00
Coronado 20.00 20.00 10.00 10.00
Mission Trails 20.00 27.00 13.00 16.00
Rancho San Diego (Ivan) 27.00 32.00 15.00 18.00
Rancho San Diego (MV) 24.00 28.00 15.00 18.00
Torrey Pines (County Res.) 24.50 27.00 12.50 12.50
Steel Canyon 40.00 50.00 27.00 30.00
Singing Hills (Both) 27.00 32.00 15.00 18.00
IMPROVEMENTS
1991 THROUGH JANUARY 1995
Rebuilt and enlarged practice putting green. $ 5,000
Rework and resod #1 green 4,500
Installation of young trees throughout the golf course 5,900
Installed eight target greens on driving range 3,400
Winter rye overseeding of entire course (2 years) 6,000
Tee renovation #9, #5, #2, #6. 15,000
Protective netting #9 Tee and Green 4,400
Parking lot repair and striping 3,500
Upgrade irrigation system 7,000
Install pressure regulator valve in water line to city park (March 95) 4,000
g,17
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Lori Anne Peoples - City Clerk (619) 336-4226
MEMORANDUM
DATE: April 28, 1995
TO: Distribution
FROM: City Clerk's Offic
SUBJECT: Corrected Resolutidfi No. 95-34
Attached is a corrected copy of subject resolution with corrected
amendment.
Please attach to the original certification sheet, and discard the resolution
and amendment originally distributed on March 10, 1995.
RESOLUTION NO. 95-34
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH AMERICAN GOLF CORPORATION
PERTAINING TO FEES AT THE GOLF COURSE
WHEREAS, on May 3, 1984, the City and American Golf Corporation
entered into a "Lease and Operating Agreement for the Las Palmas Municipal Golf
Course," and said Agreement was subsequently amended on July 2, 1985, April 8, 1986,
May 24, 1988, June 6, 1989, July 17, 1990, June 18, 1991, and May 4, 1993; and
WHEREAS, the City and American Golf Corporation desire to amend
Paragraph 10.2.A of said Agreement pertaining to fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized to execute an Amendment to
Agreement with American Golf Corporation pertaining to fees at the Las Palmas
Municipal Golf Course. Said Amendment to Agreement is on file in the Office of the
City Clerk.
PASSED and ADOPTED this 7th day of March, 1995.
George H. Waters, Mayor
ATTEST:
D'i.A,
orfi Anne Peoples, City Clerk
APPROVED AS TO FORM:
/gr 4:41t
George H. Eiser, III
City Attorney
RECITALS
This Amendment to Agreement is made with reference to the following
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease
and Operating Agreement for the Las Palmas Municipal Golf Course," and said
Agreement was subsequently amended on July 2, 1985, April 8, 1986, May 24, 1988,
June 6, 1989, July 17, 1990, June 18, 1991, and May 4, 1993.
B. LANDLORD and TENANT desire to amend Paragraph 10.2.A of said
Agreement pertaining to fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2.A of the "Lease and Operating Agreement for Las
Palmas Municipal Golf Course" is hereby amended to read as follows:
"10.2. All fees charged to patrons at the demised Premises
will be comparable to those fees charged by comparable competing
Southern California public golf courses for similar goods and services and
facilities.
A. Tenant and Landlord agree that green fees and cart fees
will be as follows:
GREEN FEES
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 7th day of March,
1995, by and between the City of National City, a municipal corporation, hereinafter
referred to as "LANDLORD," and American Golf Corporation, hereinafter referred to
as "TENANT."
recitals:
9 HOLES REPLAY
Weekdays - Regular $8.00 $4.50
Weekdays - Seniors 5.50 3.00
Weekdays - Seniors
(Non -National City
Residents) 6.00 3.50
Thursday Senior Day 5.00
Weekdays - Juniors 6.00 3.50
GREEN FEES (Continued) 9 HOLES REPLAY
Weekends - Regular 10.00 6.00
Weekends - Seniors 7.00 4.50
Weekends - Seniors
(Non -National City
Residents) 8.00 4.50
Weekends - Juniors 8.00 4.50
Carts 8.00 5.00
Twilight (Weekdays) 7.00
Twilight (Weekends) 8.50
Super Twilight (Weekdays and Weekends) 5.50
Range:
X Large 7.00
Large 4.00
Small 3.00
For purposes of this section, 'seniors' shall mean all persons
60 years old or older."
2. Except as otherwise provided herein, all of the terms and conditions of
the "Lease and Operating Agreement for Las Palmas Municipal Golf Course" dated May
3, 1984, and as subsequently amended on July 2, 1985, April 8, 1986, May 24, 1988,
June 6, 1989, July 17, 1990, June 18, 1991, and on May 4, 1993 shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
on the date first above stated.
APPROVED AS TO FORM:
1
George H. Eiser, III
City Attorney
a
George H. Waters, Mayor
AMERICAN GOLF CORPORATION
cutive Vice President
Assistant Secretary
2
3
National City Golf Course
American Golf Corporation
1439 Sweetwater Road
National City, CA 91950
May 13, 1996
Mr. James Ruiz
Director of Parks and Recreation
City of National City
140 East 12th Street
National City, CA 91950
Dear Jim:
American Golf Corporation would like to propose the attached new rates for
National City Golf Course to be effective after proper review and approval.
We continue to compare our rates with other local courses with a view to making our
rates at National City Golf Course an exceptional value for our customers. We are
requesting increases in only four categories of play and have not requested increases in any
senior or junior categories. We feel our proposal is fair and will allow us to help offset
our rising maintenance costs such as seed, soil, fertilizers, utilities, supplies and labor.
Attached are comparable rates from other local courses showing that we are still a
great bargain, as well as a listing of improvement projects completed during the past year.
I hope you will find our proposal satisfactory. If you have any questions or requests,
please call me at 479-4141.
Attachments (3)
Sincerely.
Ricke Crochet
General Manager
PROPOSED RATES FOR NATIONAL CITY GOLF COURSE
TYPE
WEEKDAY
CURRENT PROPOSED
9 Hole $8.00 $8.50
Replay 4.50 5.00
Twilight 7.00 No Change
Super Twilight 5.50 6.00
Senior Citizen 6.00 No Change
Senior Replay 3.50 No Change
Senior Resident 5.50 No Change
Senior Resident Replay 3.00 No Change
Juniors 6.00 No Change
Junior Replay 3.50 No Change
Thursday Senior Day 5.00 No Change
Early Bird 5.00 6.00
WEEKEND
9 Hole $10.00 $11.00
Replay 6 No Change
Twilight 8.50 9.00
Super Twilight 5.50 6.00
Senior Citizen 8.00 No Change
Senior Replay 4.50 No Change
Senior Resident 7.00 No Change
Senior Resident Replay 4.50 No Change
Juniors 8.00 No Change
Junior Replay 4.50 No Change
Early Bird 6.00 7.00
COMPARATIVE RATE SURVEY FOR NATIONAL CITY GOLF COURSE
COURSE
18 HOLE TWILIGHT
WEEKDAY/WEEKEND WEEKDAY/WEEKEND
Bonita Golf Club 16.00 25.00 10.00 14.00
Chula Vista 20.00 26.00 12.00 15.00
Eastlake 32.00 47.00 20.00 33.00
Coronado 20.00 20.00 10.00 10.00
Mission Trails 22.00 29.00 15.00 22.00
Rancho San Diego (IVAN) 23.00 35.00 16.00 20.00
Rancho San Diego (MV) 20.00 32.00 16.00 20.00
Torrey Pines(County Res.) 24.50 27.00 12.00 12.00
Streel Canyon 46.00 60.00 35.00 40.00
Singing Hills (Both) 29.00 35.00 15.00 18.00
IMPROVEMENTS
MAY 1995 THRU APRIL 1996
Tee Renovations, #'s 1, 7, 9 $3,050
Winter Rye Overseed of entire course 6,000
New Pump Station 8,200
Resod part of driving range 510
Range Ball Dispensing Machine 6,000
New Sprikler Control Boxes 400
New Range Picker Cart 4,000
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE June ii , 1996
1
AGENDA ITEM NO.
ITEM TITLE RESOLUTION AMENDING CONTRACT WITH AMERICAN GOLF REFLECTING FEE
ADJUSTMENTS FOR GREEN FEES.
PREPARED BY JIM RUIZ 71"
EXPLANATION
DEPARTMENT PARKS & RECREATION
American Golf Corporation has requested an increase in green fees for National
City Golf Course.
Their increases are in four play categories and do not affect either senior
citizens or junior rates. Increases are between 50t and $1.
Comparable rates indicate that the National City course is still at the
lowest end of the spectrum.
A representative from American Golf will be present to answer any questions.
Environmental Review x N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Approval of request.
BOARD/COMMISSION RECOMMENDATION
Approval of request.
ATTACHMENTS (Listed Below)
Letter from American Golf.
A-200 (Rev. 9/80)
Resolution Nog6-75
,
RESOLUTION NO. 96-75
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH AMERICAN GOLF CORPORATION
PERTAINING TO FEES AT THE GOLF COURSE
WHEREAS, on May 3, 1984, the City and American Golf Corporation
entered into a "Lease and Operating Agreement for the Las Palmas Municipal Golf
Course," and said Agreement was subsequently amended on July 2, 1985, April 8, 1986,
May 24, 1988, June 6, 1989, July 17, 1990, June 18, 1991, May 4, 1993 and March 7,
1995; and
WHEREAS, the City and American Golf Corporation desire to amend
Paragraph 10.2.A of said Agreement pertaining to fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized to execute an Amendment to
Agreement with American Golf Corporation pertaining to fees at the Las Palmas
Municipal Golf Course. Said Amendment to Agreement is on file in the Office of the
City Clerk.
PASSED and ADOPTED this 4th day of June, 1996.
ATTEST:
$41 P
Lori Anne Peoples, City Clerk
APPROVED AS TO FORM:
g...
George H. Eiser, III
City Attorney
George H. Waters, Mayor
Passed and adopted by the Council of the City of National City, California, on June 4, 1996 by
the following vote, to -wit:
Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
CAA'
LQ
ity lerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 96-75 of the City of National City, California, passed and adopted by the
Council of said City on June 4, 1996.
City Clerk of the City of National City, California
By:
Deputy
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 4th day of June,
1996, by and between the City of National City, a municipal corporation, hereinafter
referred to as "LANDLORD," and American Golf Corporation, hereinafter referred to
as "TENANT."
recitals:
RECITALS
This Amendment to Agreement is made with reference to the following
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease
and Operating Agreement for the Las Palmas Municipal Golf Course," and said
Agreement was subsequently amended on July 2, 1985, April 8, 1986, May 24, 1988,
June 6, 1989, July 17, 1990, June 18, 1991, May 4, 1993 and March 7, 1995.
B. LANDLORD and TENANT desire to amend Paragraph 10.2.A of said
Agreement pertaining to fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2.A of the "Lease and Operating Agreement for Las
Palmas Municipal Golf Course" is hereby amended to read as follows:
"10.2. All fees charged to patrons at the demised Premises
will be comparable to those fees charged by comparable competing
Southern California public golf courses for similar goods and services and
facilities.
A. Tenant and Landlord agree that green fees and cart fees
will be as follows:
GREEN FEES 9 HOLES REPLAY
Weekdays - Regular $8.50 $5.00
Weekdays - Seniors 5.50 3.00
Weekdays - Seniors
(Non -National City
Residents) 6.00 3.50
Thursday Senior Day 5.00
Weekdays - Juniors 6.00 3.50
Weekdays - Early Bird 6.00
GREEN FEES (Continued) 9 HOLES REPLAY
Weekends - Regular 11.00 6.00
Weekends - Seniors 7.00 4.50
Weekends - Seniors
(Non -National City
Residents) 8.00 4.50
Weekends - Juniors 8.00 4.50
Weekends - Early Bird 7.00
Carts 8.00 5.00
Twilight (Weekdays) 7.00
Twilight (Weekends) 9.00
Super Twilight (Weekdays and Weekends) 6.00
Range:
X Large 7.00
Large 4.00
Small 3.00
For purposes of this section, 'seniors' shall mean all persons
60 years old or older."
2. Except as otherwise provided herein, all of the terms and conditions of
the "Lease and Operating Agreement for Las Palmas Municipal Golf Course" dated May
3, 1984, and as subsequently amended on July 2, 1985, April 8, 1986, May 24, 1988,
June 6, 1989, July 17, 1990, June 18, 1991, May 4, 1993 and on March 7, 1995 shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
on the date first above stated.
APPROVED AS TO FORM:
,ilk
George H . Eiser, III
City Attorney
2t
George H. aters, Mayor
AMERICAN GOLF CORPORATION
By,
).
Y---;�(�
By: Z.04-441-ex-R____�
oe woctvA6 _
2
2TIFICATE OF INSURANCE NO. 31
Broker: JOHNSON & HIGGINS OF CA. - 2029 CENTURY PARK
EAST, LOS ANGELES, CA 90067
and does not amend extend or alter
this certificate, and (2)
of any contract or other document
concerned or may pertain, the insurance
is subject to all the terms,
Insurance Code, Section 384)
(1) This certificate is not an insurance policy
the coverage afforded by the policies listed on
notwithstanding any requirement, term or condition
with respect to which this certificate may be
afforded by the policies listed on this certificate
exclusions and conditions of such policies. (California
NAME AND ADDRESS OF CERTIFICATE HOLDER:
NAME AND ADDRESS OF INSURED:
City of National City
1243 National City Blvd.
National City, CA 92050-4397
American Golf Corporation, Etal
1633 - 26th Street
Santa Monica, California 90404-4024
This is to certify that the policy(ies) of insurance listed below have been issued to the
Insured named above and are in force at this time. Coverage subject to annual aggregate
limits may be eroded by prior occurrences.
Type of Insurance: Real Property, Personal Property and Equipment including Golf carts.
Insurance Companies & Policy Numbers:
Lexington Ins. Co. #8791802
Zurich American #MLP2038433-00
Hartford Specialty #72XLSQG1086 & #72XLSQG1087
Policy Term: August 15, 1996 to August 15, 1997
Perils of Coverage: "All Risks" of Physical Damage including Earthquake &
Flood.
Description of Coverage: Property Damage Insurance as per policy.
Limits of Liability: $25,000,000 Per occurrence except;
$25,000,000 Flood, per occurrence, annual ega.
$ 3,000,000 Earthquake, per occurrence, annual aggregate
Valuation of Property: Replacement Cost - Property
Functional Replacement Cost -Elect. Data Process. Equip.
Actual Loss Sustained - Time Element
Deductibles: $ 250,000 Per occurrence, All Perils, except:
2%- Per unit of insurance for Windstorm, subject
to $250,000 Minimum per location, and
$750,000 Maximum per occurrence.
$ 250,000 Per occurrence for,Flood
5% Per unit of insurance for Earthquake,
subject to $250,000 minimum, CA only.
5 Day Waiting Period for Time Element,
Earthquake only.
Certificate Holder is named as Loss Payee as their interest may appear.
Cancellation: Should any of the above described policies be cancelled before the
expiration date thereof, the issuing Company will endeavor to mail sixty (60) days
written notice to the certificate holder named above, but failure to mail such notice
shall impose no obligation or liability of any kind upon the COMPANY, ITS AGENTS OR
REPRESENTATIVES.
Date Issued: August 19, 1996
BY:
George Hoteling/'')
. i
Kcums.32
PRODUCER Larry D. Grix
AON RISK SERVICES, INC. OF SO. CALIFORNIA
707 WILSHIRE BOULEVARD, SUITE 6000
Los Angeles, California 90017
Tel: (213) 630-2012
NSURED
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
COMPANY
A
COMPANIES AFFORDING COVERAGE
LUMBERMANS MUTUAL CASUALTY COMPANY AXIV
AMERICAN GOLF CORPORATION, ET AL.
2951 28th Street
Santa Monica, CA 90405-2961
COMPANY
B FEDERAL INSURANCE COMPANY
A++XIV
COMPANY
C
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE
A
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DDNY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAMS MADE a OCCUR
OWNER'S & CONTRACTOR'S PROT
X Liquor Liability
A AUTOMOBILE LIABILITY
X ANY AUTO
5AA038508-00
($200,000 Self -Insured Retention)
7/15/97
7/15/98
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
PERSONAL & ADV INJURY
10,000,000
1,800,000
1,800,000
ALL OWNED AUTOS
X SCHEDULED AUTOS
X HIRED AUTOS
El NON -OWNED AUTOS
F5D006709-00 ALL STATES
EXCEPT TEXAS, VIRGINIA
F5D006711-0o TEXAS
F5D006710-00 VIRGINIA
($100,000 Deductible)
7/15/97
7/15/98
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
COMBINED SINGLE LIMIT
1,800,000
50,000
1,000,000
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
• RAGE LIABILITY
ANY AUTO
X GKLL - $300,000 Limit
B EXCESS LIABILITY
X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
x I INCL
II EXCL
98-7975-46-94
5BA038949-00
7/15/97
7/15/97
7/15/98
7/15/98
AUTO ONLY - EA ACCIDENT
EACH OCCURRENCE
AGGREGATE
EL DISEASE - EA EMPLOYEE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Certificate Holder is included as an Additional Insured as respects the lease of National City Golf Course, 439 Sweetwater Road, National City, CA 91950.
City of National City
1243 National City Blvd.
National City, CA 92050-4397
Except 10 Days for Non -Payment of Premium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
4
Lily of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 19. 1999
AGENDA ITEM NO. 3
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN AMENDMENT WITH AMERICAN GOLF CORPORATION PERTAINING TO FEES
AT THE GOLF COURSE
PREPARED BY JIM RUIZ DEPARTMENT PARKS AND RECREATION
EXPLANATION
Attached letter from the Regional Manager of American Golf Corporation requests an
increase in fees for the National City Golf Course to become effective February 1,
1999. The average increase is 50C to $1.
The last increase was in June 1996.
The memo also explains the recent course improvements and the 1999 Capital Improvement
that are planed for the course.
Environmental Review x N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Approval
BOARD/ COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below)
Letter from American Golf Corporation Regional Manager
Resolution No. 99-4
A-200 (Rev. 9/80)
RESOLUTION NO.99 - 4
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE MAYOR
TO EXECUTE AN AMENDMENT TO THE AGREEMENT
WITH AMERICAN GOLF CORPORATION PERTAINING TO
FEES AT THE LAS PALMAS MUNICIPAL GOLF COURSE
WHEREAS, on May 3, 1984, the City and American Golf Corporation entered
into a "Lease and Operating Agreement for the Las Palmas Municipal Golf Course," and said
Agreement was subsequently amended on various dates, with the last amendment occurring on
June 4, 1996; and
WHEREAS, the City and American Golf Corporation desire to amend
Paragraph 10.2.A of said Agreement pertaining to fees, to be effective February 1, 1999.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute an Amendment to Agreement
with American Golf Corporation pertaining to fees at the Las Palmas Municipal Golf Course.
Said Amendment to Agreement is on file in the Office of the City Clerk.
PASSED and ADOPTED this 19th day of January, 1999.
George H. aters, Mayor
ATTEST:
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on January 19, 1999,
by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
City Clerk of the CityfNational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 99-4 of the City of National City, California, passed and adopted by the
Council of said City on January 19, 1999.
City Clerk of the City of National City, California
By:
Deputy
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 19th day of January,
1999, by and between the City of National City, a municipal corporation, hereinafter referred
to as "LANDLORD," and American Golf Corporation, hereinafter referred to as "TENANT."
RECITALS
This Amendment to Agreement is made with reference to the following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease and
Operating Agreement for the Las Palmas Municipal Golf Course," and said Agreement was
subsequently amended on various dates, with the last amendment occurring on June 4, 1996.
B. LANDLORD and TENANT desire to amend Paragraph 10.2.A of said
Agreement pertaining to fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2.A of the "Lease and Operating Agreement of Las Palmas
Municipal Golf Course" is hereby amended, effective February 1, 1999, to read as follows:
"10.2. All fees charged to patrons at the demised Premises will be
comparable to those fees charged by comparable competing Southern California public golf
courses for similar goods and services and facilities.
follows:
A. TENANT and LANDLORD agree that green fees and cart fees will be as
GREEN FEES
Weekdays - Regular
Weekdays - Seniors
Weekdays - Seniors (Non -National City Residents)
9 HOLES REPLAY
$9.00
$6.00
$7.00
$6.00
$3.00
$4.00
Weekdays - Juniors $6.50 $4.00
Super Twilight $7.00
Weekends - Regular $12.00 $7.00
Weekends - Seniors $8.00 $5.00
Weekends - Seniors (Non -National City Residents) $9.00 $5.00
Weekends - Juniors $8.50 $5.00
Carts $9.00 $15.00
Super Twilight (Weekdays and Weekends) $7.00
GREEN FEES (Continued) 9 HOLES
Range:
X Large $7.00
T arge $4.00
Small $3.00
older."
For purposes of this section, `seniors' shall mean all persons 60 years old or
2. Except as otherwise provided herein, all of the terms and conditions of the
"Lease and Operating Agreement for Las Palmas Municipal Golf Course" dated May 3, 1984,
and as subsequently amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on
the date first above stated.
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
George H. W ters, Mayor
AMERICAN GOLF CORPORATION
Bv•
Manager
By: Qn ct�2�
Operation g Manager
American Golf Corporation.
December 28, 1998
Mr. Jim Ruiz
Director, Parks and Recreation
City of National City
140 E. 12th St. Ste. A
National City, CA 91950
Dear Jim:
As per our conversation regarding the 1999 green fee rates at National City Golf Course,
American Golf would like to propose a fee increase effective February 1, 1999.
I have outlined below the 1998 Course Improvements, 1999 Capital Improvements,
attached the 1999 Proposed Rate Schedule and Comparable Rate Survey.
1998 Course Improvements:
• Sod replacement on fairways 2,3,4,7,8 and 9.
• Sod replacement on tees 1,4,6 and 9.
• Roof repair on maintenance building.
• New submersible pump motor.
• Replaced fence posts near Condos on # 7.
• Added curbs to cart paths # 4 tee.
Improvements cost: $23,000
1999 Capital Improvements:
• Turf Driving Range and Replace Netting.
• Course Turf Improvement.
Budgeted $215,000 to complete these major projects.
Jim, please call me at your earliest convenience to discuss our proposal.
Regional Manager
Golf
National City Golf Course Proposed Rates
Weekday Current Replay Proposed Replay
9-Holes 8.50 5.00 9.00 6.00
Seniors 6.00 3.50 7.00 4.00
Seniors NC 5.50 3.00 6.00 3.00
Juniors 6.00 3.50 6.50 4.00
Super Twi. 6.00 7.00
Weekend
9-Holes 11.00 6.00 12.00 7.00
Seniors 8.00 4.50 9.00 5.00
Seniors NC 7.00 4.50 8.00 5.00
Juniors 8.00 4.50 8.50 5.00
Super Twi. 6.00 7.00
Carts Current Proposed
9-Holes 8.00 9.00
18-Holes 14.00 15.00
The senior resident rates at National City have not increased since March of 1995.
Comparable Rate Survey
Weekday Weekend
Chula Vista 9.00 r 11.50 r
11.00 n/r 14.50 n/r
Bonita 11.00 15.00
Balboa 6.00 r 9.00 r
15.00 n/r 15.00 n/r
Mission Bay 10.00 12.00
* r indicates resident rate, n/r indicates non-resident rate.
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla - City Clerk
(619) 336-4226 Fax (619) 336-4376
January 26, 1999
Mr. Rocco Tannone
Operations Manager
American Golf Corporation
2951 28th Street
Santa Monica, CA 90405-2961
Dear Mr. Tannone:
We are enclosing a certified copy of Resolution No. 99-4 of the City
Council of the City of National City, which was passed and adopted on
January 19, 1999. The Resolution authorized the Mayor to execute an
Amendment to the Agreement, enclosed, with American Golf Corporation
pertaining to fees at the Las Palmas Municipal Golf Course.
Michael R. Dalla
City Clerk
MRD/mla
Enclosure
cc: Parks & Recreation
® Recycled Paper
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950-4301
George H. Eiser, Ill . City Attorney
(619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Extension of Lease for Las Palmas Golf Course
DATE: April 4, 2000
The current term of the lease of Las Palmas Golf Course with American Golf Corporation
expires on August 31, 2000. The original lease term expired August 31, 1990, and was
extended for two additional five-year terms. The lease states:
Provided tenant has fully complied with all the obligations contained in this
lease, Tenant will have the option to extend this Lease at the end of the initial
term for seven 5-year terms by giving the Landlord written notice of such desire
six (6) months before the end of the particular term in question.
I have received a letter from Theodore F. Kahan, General Counsel for American Golf
Corporation, stating American Golf's .desire to extend the lease from September 1, 2000
through August 31, 2005. The Director of Parks and Recreation confirms that American Golf
has fully complied with all the obligations contained in the lease during the extended lease
term. Since the lease provides the lessee an option to "extend" the present lease, rather than
"renewing" the lease (i.e. entering into a new lease), no action by the City is required for the
extension to take effect.
._
GEORGE 1 , EISER, Ill
City Attorney
GHE/gmo
cc: City Manager
Director of Parks and Recreation
VCity Clerk
Theodore F. Kahan, Esq.
® Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
dIEETING DATE March 12, 2002
C(�1�L�1
AGENDA ITEM NO. 8
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN AMENDMENT WITH AMERICAN GOLF CORPORATION PERTAINING TO FEES AT
THE GOLF COURSE.
PREPARED BY Jim Ruiz DEPARTMENT Parks & Recreation
EXPLANATION
Attached letter from the General Manager of the National City Golf Course requests an
increase in fees for the golf course to be effective April 1, 2002. The average increase
is $1 for nine holes.
The last increase in fees was February, 1999, three years ago. These requested increases
will still result in our fees being the lowest in the County.
The letter also explains recent course improvements and capital improvements for 2002.
CEnvironmental Review x N/A
(—Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Approval
BOARD / COMMISSION RECOMMENDATION
Approval
ATTACHMENTS ( Listed Below )
Letter from American Golf
Resolution No.
2002-31
A-200 (9,/99)
RESOLUTION NO. 2002 — 31
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF NATIONAL CITY AND AMERICAN GOLF
CORPORATION PERTAINING TO FEES AT THE
LAS PALMAS MUNICIPAL GOLF COURSE
WHEREAS, on May 3, 1984, the City and American Golf Corporation entered
into a "Lease and Operating Agreement for the Las Palmas Municipal Golf Course," and said
Agreement was subsequently amended on various dates, with the last amendment occurring on
February 1, 1999; and
WHEREAS, the City and American Golf Corporation desire to amend Paragraph
10.2.A of said Agreement pertaining to fees, to be effective April 1, 2002.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute an Amendment to the Agreement
with American Golf Corporation pertaining to fees at the Las Palmas Municipal Golf Course.
Said Amendment to Agreement is on file in the Office of the City Clerk.
PASSED and ADOPTED this 12th day of March, 2002.
George H. 'Waters, Mayor
ATTEST:
Michabl R. Dalla
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on March 12, 2002,
by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Morrison, Zarate, Waters.
Nays: Councilmember Inzunza.
Absent: None.
Abstain: None.
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2002-31 of the City of National City, California, passed and adopted by the
Council of said City on March 12, 2002.
City i ational City, California
Cl rk of the City of
By:
Deputy
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 12th day of February,
2002, by and between the City of National City, a municipal corporation, hereinafter referred
to as "LANDLORD," and American Golf Corporation, hereinafter referred to as "TENANT."
RECITALS
This Amendment to Agreement is made with reference to the following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease and
Operating Agreement for the Las Palmas Municipal Golf Course," and said Agreement was
subsequently amended on various dates, with the last amendment occurring on February 1,
1999.
B. LANDLORD and TENANT desire to amend Paragraph 10.2.A of said
Agreement pertaining to fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2.A of the "Lease and Operating Agreement of Las Palmas
Municipal Golf Course" is hereby amended, effective April 1, 2002, to read as follows:
"10.2. All fees charged to patrons at the demised Premises will be
comparable to those fees charged by comparable competing Southern California public golf
courses for similar goods and services and facilities.
A. TENANT and LANDLORD agree that green fees and cart fees will be as
follows:
GREEN FEES
Weekdays - Regular
Weekdays - Seniors
Weekdays - Seniors (Non -National City Residents)
Weekdays - Juniors
Super Twilight
9 HOLES REPLAY
$10.00 $7.00
$7.00 $4.50
$8.00 $4.50
$7.00 $4.50
$8.00
Weekends - Regular $14.00 $8.00
Weekends - Seniors $8.00 $5.50
Weekends - Seniors (Non -National City Residents) $10.00 $5.50
Weekends - Juniors $9.00 $5.50
Carts $10.00 $15.00
GREEN FEES (Continued) 9 HOLES
Range:
Range prices per ball: $0.08
For purposes of this section, `seniors' shall mean all persons 60 years old or
older."
2. Except as otherwise provided herein, all of the terms and conditions of the
"Lease and Operating Agreement for Las Palmas Municipal Golf Course" dated May 3, 1984,
and as subsequently amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on
the date first above stated.
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
George-H. H. W"aters, Mayor
AMERICAN GOLF CORPORATION
By:
General Manager
By:
Operations Manager
National City Golf Course
American Golf Corporation
1439 Sweetwater Road
National City, CA 91950
February 15, 2002
Mr. Jim Ruiz
Director, Parks and Recreation
City of National City
140 E. 12th Street, Suite A
National City, CA 91950
Dear Jim:
As per our conversation regarding the 2002 rates at National City Golf Course, American Golf
Corporation would like to propose a fee increase effective April 1, 2002.
I have outlined below the 2000-2001 Course Improvements, 2002 Capital Improvements,
attached the 2002 Proposed Rate Schedule and Comparable Rate Survey.
2000-2001 Course Improvements:
• Irrigation replacement on fairways 1,3,5,7, and 8.
• Sod replacement on tees 4, 7 and 8.
• Sod replacement on fairways 7 and 8.
• Irrigation system installed at the entrance along Sweetwater Road.
• Replaced water pump station on the #3 tee.
• Re -painted the ceiling inside the clubhouse.
• Roof repair on the clubhouse building.
• Air conditioner replacement in the clubhouse.
2002 Capital Improvements:
• Replacing tile in clubhouse restrooms.
• New sand for the sand traps.
• Irrigation improvements.
• Control valve for the pump station
• Replacing fence by the swimming pool on the 6th hole.
238,000 budgeted for completion of these projects.
Jim, please call me at your earliest convenience to discuss our proposal.
Sincerely,
Michael Linck
General Manager
American Golf Corporation
Comparative Rate Survey:
Course: National City Golf Course
Location/Qualit
Ratin
Cours
Characteristic
& Condition
Driving Rang
As of: 2/15/02
Comparative Rate survey for executive golf courses and local municipal golf courses.
'National City
Tecolote Lomas
Golf Course Executive
Mission
Bay
Balboa Bonita Golf Chula Vista
Municipal I Course I Golf Course
from Your Course
0 miles
IDistance 15 miles 21 miles
11 miles
9 miles 4 miles
2 miles
Type of Course
Executive
Executive Executive
Executive
18/9 hole 18 hole
18 hole
e
s
II
No. Hole
9
18
18
18
18
18
18
Yarda9ell
2,197
^ 3,186
2,431
3,000
6 200
6,200 `
6,500 0
e Number Of Stations
22
30
0
48
20
40
22
(G) Grass, (M) Mats, or Both
Mats
Both
I 0
Both
I
Mats
I
Both
I
Grass
Grass
I
Night Lighting
Yes
Yes
0
Yes
No
No
Green Fees
18 hole weekday - Resident
18 Hole weekend - Resident
Twit -light weekdays
Twi-light Weekends
9 Hole Weekday
9 Hole Weekend
18 hole Senior Weekday
18 hole Senior Weekend
9 Hole Senior Weekday
9 Hole Senior Weekend
Tecolote Lomas Mission Balboa I Bonita Golf I Chula Vista'
National City Golf Course Executive I Bay i Municipal Course Golf Course
$15.00
$19.00
$7.00
$7.00
$9.00
$12.00
$11.00
$14.00
$7.00
$9.00
$18.50
$23.50
$16.50
$20.50
N/A
N/A
$16.50
$16.50
N/A
N/A
$21.50
$25.50
$17.50
$21.50
N/A
N/A
N/A
N/A
N/A
N/A
$18.00
$22.00
N/A
N/A
$11.00
$14.00
$16.00
$16.00
$10.00
$14.00
$20.00
$22.00
$11.00
$11.00
$7.50
N/A
N/A
N/A
$7.50
N/A
$22.00.
$34.00
$15.00
$22.00
$14.00
$20.00
$21.00
$28.00
$12.50
$22.50
$9.50
N/A
N/A
N/A
N/A
N/A
Residents
Residents
N/A
N/A
Peak Seasor
Cart Fee
(Full Cart;
18 hole weekday
18 hole weekend
9 Hole Weekday
9 Hole Weekend
$7.50
$7.50
$4.50
$4.50
$12.00
$12.00
N/A
N/A
$12.00
$12.00
N/A
N/A
$11.00
$11.00
N/A
N/A
$11.50
$11.50
N/A
N/A
$12.00
$12.00
N/A
N/A
$13.00
$13.00
N/A
N/A
Comparative Rate Survey:
Course: National City Golf Course
LocationlQualit
Ratin
Cours
Characteristic
& Condition
Driving Rang
As of: 2/15/02
Comparative Rate survey for executive golf courses and local municipal golf courses.
.
National City
Coronado
Golf Course
Mission
Trails
Eastlake
Golf Course
Auld Golf
Course
10 miles
14 miles
6 miles
7 miles
Distance from Your Course
0 miles
Type of Course
Executive
18 holes
18 holes
18 holes
18 holes
Green Fee
No. Holes
9
18
18
18
18
Yardage
2,197
6,500
6,000
6,600
6,850
Number Of Stations
22
30
0
48
20
(G) Grass, (M) Mats, or Both
Mats
Both
0
Both
Mats
Night Lighting
Yes
Yes
0
Yes
No
Peak Seaso
Cart Fe
National City
Coronado
Golf Course
Mission
Trails
Eastlake
Golf Course
Auld Golf
Course
0
0
$15.00
$20.00
$22.00
$50.00
$45.00
18 hole weekday - Resident
18 Hole weekend - Resident
$19.00
$22.00
$32.00
$65.00
$69.00
Twil-light weekdays
$7.00
$10.00
$16.00
$31.00
$35.00
Twi-light Weekends
$7.00
$10.00
$21.00
$41.00
$49.00
9 Hole Weekday
$9.00
N/A
$14.00
N/A
N/A
9 Hole Weekend
$12.00
N/A
N/A
N/A
N/A
18 hole Senior Weekday
$11.00
N/A
$16.00
N/A
$39.00
18 hole Senior Weekend
$14.00
N/A
$26.00
N/A
N/A
9 Hole Senior Weekday
$7.00
N/A
$14.00
N/A
N/A
9 Hole Senior Weekend
$9.00
N/A
N/A
N/A
N/A
(Full Cart
18 hole weekday
$7.50
$14.00
$12.00
incl.
incl.
18 hole weekend
$7.50
$14.00
$12.00
incl
incl.
9 Hole Weekday
9 Hole Weekend
$4.50
$4.50
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Comparative Rate Survey:
Course: National City Golf Course
Location/Qualit
Ratin
Driving Rang
Range Fee
Comparative Rate survey for local Driving Ranges
As of: 2/15/02
National City
Chula Vista
Golf Course
Bonita
Range
Palms
Range
Bonita-Uolf
Course
Distance from Your Course
0 miles
2 miles
1.5 miles
5 miles
3 miles
Type of Course
Executive
18 holes
Range
Range
18 holes
Number Of Stations
22
20
48
i 22
40
(G) Grass, (M) Mats, or Both
Mats
Grass
Both
Both
Both
I
Night Lighting
Yes
No
Yes
Yes
No
National City
Chula Vista
Golf Course
Bonita
Range
Palms
Range
Bonita Golf
Course
Small Bucket(price per ball)
$0.06
$0.08
$0.12
N/A
$0.08
Medium Bucket(price per ball)
$0.06
$0.08
$0.09
$0.08
$0.07
Large Bucket(price per ball)
$0.06
$0.08
$0.08
$0.07
$0.07
National City Golf Course Proposed Rates
Weekday
Current
Proposed
Replay
Proposed
Replay
9-Holes
$9.00
$10.00
$6.00
$7.00
Juniors
$6.50
$7.00
$4.00
$4.50
NC Seniors
$6.00
$7.00
$4.00
$4.50
Seniors
$7.00
$8.00
$4.00
$4.50
Twilight
$7.00
$8.00
v Weekday
Current
Proposed
Replay
Proposed
Replay
9-Holes
$12.00
$14.00
$7.00
$8.00
Juniors
$8.50
$9.00
$5.00
$5.50
NC Seniors
$7.00
$8.00
$5.00
$5.50
Seniors
$9.00
$10.00
$5.00
$5.50
Twilight
$7.00
$9.00
_.._ _ y _Carts
Current
Proposed
9-Holes
$4.50
$7.00
18-Holes
$7.50
$10.00
Range
Range
Range prices per ball:
Current
$.06
Proposed
$.08
List of Key Expenses between 1999-2002
Payroll Expenses-
]) Minimum Wage increased from $5.75-$6.75
a) $7,280 increase per year for our cart attendants.
b) $2,184 increase per year in our Food and Beverage Department.
$9,464.00 increase per year on payroll wages. This will continue to increase.
Power rates increase-
1) Our total charges from March 00-Jan 01 was $12,300
2) Our total charges from March 01-Jan 02 was $14,061
Maintenance Equipment -
All maintenance products continue to be on the rise. Sand, seed, fertilizer, sod. etc. costs
Product
1999 Price
2002 Price
Fertilizer
$14 pound
$27 pound
Sanitation
$175 month
$227 month
Water
$500 acre/foot
$750 acre/foot
Soil
$40 pound
$55 pound
Seed
$.18
$.29
lf
These are just a small sample of the escalating prices maintaining the go course.
Food and Beverage Costs -
Over the last three years food and beverage costs continue to be on the rise.
Beverage products have increased $.13 since Dec. 1999.
Packaged and non -packaged products have increased $.10-$1.00 (depending on the
product) since Dec. 1999.
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
March 21, 2002
Mr. Rocco Tannone
Operations Manager
American Golf Corporation
2951 28th Street
Santa Monica CA 90405-2961
Dear Mr. Tannone,
On March 12, 2002, Resolution No. 2002-31 was passed and adopted by the
City Council of the City of National City, authorizing the Mayor to execute
an amendment to the agreement between the City of National City and
American Golf Corporation pertaining to fees at the Las Palmas Municipal
Golf Course.
We are enclosing for your records a certified copy of the above Resolution
and two Amendments to Agreement. Please sign both agreements and
return one fully executed agreement to our office in the enclosed self-
addressed, stamped envelope.
Sincerely,
Martha L. Alvarez
Deputy City Clerk
/mla
Enclosure
File No. C86-17
0 Recycled Paper
American Golf Corporation®
March 29, 2002
Martha L. Alvarez
Deputy City Clerk
City of National City
1243 National City Boulevard
National City, California 91950-4397
Re: Las Palmas Municipal Golf Course
Amendment to Agreement
Dear Ms. Alvarez:
Pursuant to you letter of March 21, enclosed is one fully -executed original of the
Amendment to Agreement dated February 12, 2002. We have retained the other original for
our files. As we discussed, the rates for the Carts were incorrect as shown, and I have revised
the information on both originals of the Amendment to reflect the correct rates.
Should you have any questions, please do not hesitate to call me at (310) 664-4292.
Very truly yours,
AMERICAN GOLF CORPORATION
Dona Tanaka
Director of Legal Affairs
cc: Stuart Hayden (w/enclosure)
Brian Jackson (w/enclosure)
2951 — 28th Street • Santa Monica, California 90405 • Tel (310) 664-4000 • www.americangolf.com
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered this 12th day of February,
2002, by and between the City of National City, a municipal corporation, hereinafter referred
to as "LANDLORD," and American Golf Corporation, hereinafter referred to as "TENANT."
RECITALS
This Amendment to Agreement is made with reference to the following recitals:
A. On May 3, 1984, LANDLORD and TENANT entered into a "Lease and
Operating Agreement for the Las Palmas Municipal Golf Course," and said Agreement was
subsequently amended on various dates, with the last amendment occurring on February 1,
1999.
B. LANDLORD and TENANT desire to amend Paragraph 10.2.A of said
Agreement pertaining to fees.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Paragraph 10.2.A of the "Lease and Operating Agreement of Las Palmas
Municipal Golf Course" is hereby amended, effective April 1, 2002, to read as follows:
"10.2. All fees charged to patrons at the demised Premises will be
comparable to those fees charged by comparable competing Southern California public golf
courses for similar goods and services and facilities.
A. TENANT and LANDLORD agree that green fees and cart fees will be as
follows:
GREEN FEES 9 HOLES REPLAY
Weekdays - Regular
Weekdays - Seniors
Weekdays - Seniors (Non -National City Residents)
Weekdays - Juniors
Super Twilight
Weekends - Regular
Weekends - Seniors
Weekends - Seniors (Non -National City Residents)
Weekends - Juniors
Carts Per Player
$10.00
$7.00
$8.00
$7.00
$8.00
$7.00
$4.50
$4.50
$4.50
$14.00 $8.00
$8.00 $5.50
$10.00 $5.50
$9.00 $5.50
$4e'38 $15.00
$ 7.00 $10.00
GREEN FEES (Continued)
Range:
Range prices per ball:
older."
9 HOLES
$0.08
For purposes of this section, `seniors' shall mean all persons 60 years old or
2. Except as otherwise provided herein, all of the terms and conditions of the
"Lease and Operating Agreement for Las Palmas Municipal Golf Course" dated May 3, 1984,
and as subsequently amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on
the date first above stated.
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
George H. ters, Mayor
AMERICAN GO CORP Imo, TION
By:
dw a se
Vi Chairma & CFO
By:
Secretary
a
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. DaIIa, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
October 21, 2002
Dona Tanaka
American Golf Corporation, Secretary
2951 28th Street
Santa Monica CA 90405-2961
Mr. Edward R. Sause
Chief Financial Officer
American Golf Corporation, Manager
2951 28th Street
Santa Monica CA 90405-2961
Dear Ms. Tanaka and Mr. Sause,
On October 15, 2002, Resolution No. 2002-157 was passed and adopted by
the City Council of the City of National City, authorizing the Mayor to
execute an Assignment and Delegation Agreement with American Golf
Corporation and AGC Operating Company, LLC.
We are hereby enclosing the above referenced Resolution and one fully
executed original Assignment and Delegation Agreement.
Sincerely,
Martha L. Alvarez
Deputy City Clerk
/mla
Enclosure
cc: Public Works
File No. C86-17/702-7-1
® Recycled Paper
RESOLUTION NO. 2002 — 157
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
ASSIGNMENT AND DELEGATION AGREEMENT
WITH AMERICAN GOLF CORPORATION AND
AGC OPERATING COMPANY, LLC
WHEREAS, on May 3, 1984, American Golf Corporation entered into a written
lease and operating agreement, with the City, hereinafter referred to as "the Agreement", for the
lease and operation of the Las Palmas Municipal Golf Course in National City, California; and
WHEREAS, American Golf Corporation whishes to assign to AGC Operating
Company, LLC, its rights and delegate its duties under the Agreement with the City; and
WHEREAS, AGC Operating Company, LLC, is willing to accept and assume
said assignment of rights and delegation of duties, and the City is willing to consent to said
assignment and delegation and to the acceptance and assumption of said assignment and
delegation by AGC Operating Company, LLC.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Assignment and Delegation Agreement
with American Golf Corporation and AGC Operating Company, LLC. Said Agreement is on file
in the office of the City Clerk.
PASSED and ADOPTED this 15th day of October, 2002.
ATTEST:
a
el R. Dalla
Mic
City Clerk
APPROVED AS TO FORM:
amr
George H. Eiser, I
City Attorney
i.L /�
George H. aters, Mayor
Passed and adopted by the Council of the City of National City, California, on October 15, 2002,
by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
City
y oflNational City, California
rk of the
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2002-157 of the City of National City, California, passed and adopted by
the Council of said City on October 15, 2002.
City Clerk of the City of National City, California
By:
Deputy
ASSIGNMENT AND DELEGATION AGREEMENT
This Assignment and Delegation Agreement ("Agreement") is made and entered into
this 15th day of October , 2002, by and between AMERICAN GOLF
CORPORATION, a California corporation, hereinafter referred to as "Assignor," and AGC
OPERATING COMPANY, LLC, a Delaware limited liability company, hereinafter referred to as
"Assignee," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as
"City."
RECITALS
A. On May 3, 1984, Assignor entered into a written lease and operating
agreement with City hereinafter referred to as "the Agreement", for the lease and operation of the Las
Palmas Municipal Golf Course in National City, California.
B. Assignor wishes to assign to Assignee its rights and delegate its duties under
the Agreement with City. Assignee is willing to accept and assume said assignment of rights and
delegation of duties, and City is willing to consent to said assignment and delegation by Assignor, and
to the acceptance and assumption of said assignment and delegation by Assignee, all subject to the
terms and conditions set forth herein.
NOW, THEREFORE, it is hereby agreed to the parties hereto as follows:
1. Assignor hereby assigns to Assignee all of its right, title and interest in and to
the Agreement. By this assignment, Assignor further delegates to Assignee all of Assignor's duties and
obligations of performance of the Agreement.
2. Assignee hereby accepts, assumes and agrees to perform all duties and
obligations that Assignor has under the Agreement, as if Assignee had been an original party to the
Agreement.
3. City hereby consents to the above assignment of rights and delegation of duties
by Assignor, and to the acceptance and assumption of said assignment of rights and delegation of
duties by Assignee.
4. This Assignment and each of its provisions shall be binding on and shall inure
to the benefit of the respective heirs, devisees, legatees, executors, administrators, trustees; successors,
and assigns of the parties to this Assignment.
hereto.
5. This Assignment may be amended only by a writing signed by the parties
6. This Assignment shall be governed by and construed in accordance with the
laws of California.
7. The parties have the legal power, right and authority to enter into this
Agreement and the instruments referenced herein, and to consummate the transaction contemplated
hereby. All requisite action (corporate, trust, partnership or otherwise) has been taken by the parties in
connection with the entering into this Agreement. No consent of any judicial or administrative body,
governmental authority or other party, entity or person is required. The individuals executing this
Agreement on behalf of the parties have the legal power, right, and actual authority to bind the parties
to the terms and conditions hereof and thereof This Agreement shall be a valid, legally binding
obligation of and enforceable against the parties in accordance with its terms.
8. This Agreement supersedes any prior agreements, negotiations and
communications, oral or written, and contains the entire agreement between the parties as to the
subject matter hereof. No subsequent agreement, representation, or promise made by either party
hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any
effect unless it is in writing and executed by the party to be bound thereby.
9. The parties acknowledge and agree that (i) each party is of equal bargaining
strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this
Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own,
independent counsel and such other professional advisors as such party has deemed appropriate,
relative to any and all matters contemplated under this Agreement, (iv) each party and such party's
counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this
Agreement following such review and the rendering of such advice, and (vi) any rule or construction to
the effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement, or any portions hereof; or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment and
Delegation Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
George H. WateYs, Mayor
APPROVED AS TO FORM:
By: /P3 Ifs ir&s:
George H. Eiser, III
City Attorney
AMERICAN GOLF CORPORATION,
Assignor
By:
Dona Tanaka
Secretary
Title:
AGC OPERATING COMPANY, LLC, Assignee
By: iww+41-
Edward R. Sause
Title: Chief Financial Officer
American Golf Corporation,
Manager
2
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE December 3, 2002
6-2,--1- l
11
AGENDA ITEM NO.
7ITEM TITLE
PREPARED BY
EXPLANATION
APPROVAL OF ESTOPPEL CERTIFICATE FOR AMERICAN GOLF CORPORATION
JIM RUI
DEPARTMENT Parks and Recreation
American Golf Corporation, the operator of the Las Palmas Golf Course pursuant to
a lease with the City, has agreed to be purchased by an investor group led by Goldman
Sacha and Starwood Capital. American Golf has been requested by the buyer to obtain an
"Estoppel Certificate" from the City, stating that the lease is still valid, that American Golf is
not in default, and stating the rent amount.
Environmental Review
N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Authorize Director of Park and Recreation to execute Estoppel Certificate.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Letter from American Golf Corporation.
A-20D (9/99)
American Golf Corporation®
November 22, 2002
CER1'1141ED MAIL
RETURN RECEIPT REOUESTED
City of National City Parks & Recreation Department
140 East 12th St — Ste A
National City, CA 91950-3312
Attn: City Attorney
RE: Las Palmas Municipal Golf
Course
Ladies and Gentlemen:
As you know, American Golf has agreed to be purchased by an investor group led
by Goldman Sachs and Starwood Capital (collectively, the `Buyer"). We are pleased to report
that the transaction is moving forward and we are working toward a closing before the end of
this year.
In anticipation of the closing, American Golf has been requested by the Buyer to
forward the attached customary Estoppel Certificate to you for your review and signature.. As
you will see, the Estoppel Certificate is very straightforward and asks for confirmation of the
validity of the lease, that there are no defaults, and the rent amount. We ask that you please
execute the Estoppel Certificate and return it to Dona Tanaka via facsimile at (310) 664-6165,
with the original to follow by mail addressed as follows:
Dona Tanaka
Senior Paralegal
2951 28th Street
Suite 3000
Santa Monica, CA 90405
Thank you for your prompt attention to this matter. We would very much
appreciate receiving your signed Estoppel Certificate by no later than December 5th.
2951 — 28th Street • Santa Monica, California 90405 • Tel (310) 664-4000 • www.americangolf.com
Wn01128v1
ESTOPPEL CERTIFICATE
American Golf Corporation
2951 28v' Street
Suite 3000
Santa Monica, CA 90405
RE: Lease and Operating Agreement of Las Palmas Municipal
Golf Course by and between City of National City and
American Golf Corporation (the "Agreement")
Ladies and Gentlemen:
Please refer to the documents listed on Exhibit A hereto (collectively, the "Lease
Documents") with respect to the property commonly known as Las Palmas Municipal
Golf Course (the "Property"). The undersigned (the "Owner") does hereby certify to
American Golf Corporation ("Tenant") and (subject to the provisions of the T ease
Documents) its successors and assigns and to GMAC Commercial Mortgage Corporation
and its successors and assigns, that as of the date hereof
(a) Attached hereto as Exhibit A is true, correct and complete list of the Lease
Documents, and none of the Lease Documents have been supplemented,
amended, modified or superseded since their original execution, and no other
agreements or understandings exist with respect to the Property that are not
integrated with the Lease Documents.
(b) Each of the Lease Documents is in full force and effect and cover all or
part of the Property as specified therein.
(c) To Owner's knowledge, there are no uncured defaults on the part of the
Tenant under any of the Lease Documents, and, to Owner's knowledge, there are
no events that have occurred that, with the giving of notice or passage of time or
both, would constitute a default by Tenant thereunder, and at the present time, to
the Owner's knowledge, Tenant has no disputes against Owner under any of the
Lease Documents.
(d) Tenant is the current holder of Tenant's interest with respect to the
Property under the Lease Documents. Tenant is currently paying $5,000 per
month in base rent and in the month of October, 2002, paid $11,594 in total rent
(including percentage rent, if any) (provided, however, that Owner reserves any
rights it has under the Lease Documents, if any, to conduct audits in respect of the
Property). All monetary obligations due under the Lease Documents to date have
been fully and currently paid, and to Owner's knowledge, all other obligations on
the Tenant's part to be performed to date under the Lease Documents have been
performed.
National City Golf Course/Las Palmas
Exhibit A
Lease Documents
1. Lease and Operating Agreement dated May 3, 1984
2. Amendment to Agreement dated. July 2, 1985
3. Amendment to Agreement dated June 6, 1989
4. Amendment to Agreement dated June 26, 1990
5. Amendment to Agreement dated March 7, 1995
6. Amendment to Agreement dated February 16, 2002
7. Assignment and Delegation Agreement dated October 15,. 2002