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Home My WebLink About1985 CON American Golf Corporation - Las Palmas Golf Course Lease - First Amendment (2)3.2-4 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 -2- PO PARCL SUBJECT TO RIGHT OF RE -EN`-:. THAT PnRT ION 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, 1 869 i)ESCR I BED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SWEETWATER ROAD, SAn) 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 LOOK 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 RY 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 THE 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 5AN 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 °34146n WEST 10.80 FEET TO THE lEGI NN I NG 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 . Greens, Practice Putting Greens & Nurseries A. Mowing - At lease five days per week 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 gloved at least twenty feet fro1;i 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 - A11 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 - A11 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. -4 -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. b. Irrigation - A11 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- 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. B. Repair all broken or damaged fencing on a monthly basis. 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 - equipment and snack C. Lobby and vacuumed, D. Repair and maintain all hardware and necessary for the operation of the kitchen shop. Patios - All lobbies and patios shall be dusted and swept daily. 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: 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. -0- 10. Sand T raps - 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. Color Areas - Various planting areas throughout course Th e regularly cultivated, weeded and pruned on a regular basis with at least two replanting programs for annuals scheduled each year. 12. Construction and Remode]fn - Any change in the physical c aracteristjcs 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 receptfcals shall be conveniently stationed on tees and at clubhouse and emptied daily. 16. Other - All lakes and bridges will b d in a s —and sanitary manner and in good a appearance. Rough mowed in all unimproved areas as needed, 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. Exhibit C - MINIMUM MAINTENANCE STANDARDS 1. Greens, Practice Putting Greens & 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 tines weekly in the off-season. Cup location will be ,iioved 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. sok - 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 - A11 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. b. 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. -5- 8. The golf course shall be irrigated as necessary to support proper growth of the golf turf. 7. Fences - All Fence Blocks, Chajn 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. c� 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 lf 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 sale 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. CAS