HomeMy WebLinkAboutOrdinance 1835 N.C.S. 01/07/1991~~I
~~~ 8,1991.:
ORDINANCE NO. 1835 N.C.S.
Introduced by
Seconded by
Larry Tencer Michael Davis
AN ORDINANCE AUTHORIZING A LEASE OF
REAL PROPERTY LOCATED WITHIN THE
CITY OF PETALUMA
BE IT ORDAINED BY THE Council of the City of Petaluma as follows:
Section 1. Certain real property located in the City of Petaluma, County of
Sonoma, State of California is hereby authorized to be leased under the terms and
conditions set forth in the Lease by and between the City of Petaluma and Empire Golf,
Inc. which Lease is attached hereto as Exhibit "A" and incorporated herein by reference
and the City Manager is hereby authorized to sign said Lease which is for the use of a
public golf course..
Section 2. The City Clerk be, and she is hereby directed to publish this ordinance
for the period and in the manner as required by the City Charter.
Ord 1835 N.C.S.
INTRODUCED AND ORDERED published%posted this 17th day of
December 1990.
ADOPTED this nth day of January , 199' by the following vote:
AYES: Davis, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: 0
ABSENT: Sobel
ABSTAIN: Read, Nelson
l.i
ATTEST:
y Clerk City .
golf.doc
Ord. 1835 N.C.S
~PProwe.~ b~ ~rc~inanc.~ Ig35. tiC.S•
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L E A 'S E A G' R' E E M E N T
Thus Leaise Agreement ("Lease") is entered into this / ~~
day of ~JQ ~ 19,~ by and between the CITY OF PETALUriA, a
public bo°d y, corpo°rate and politic of the State of California
{"Lessor"), and EMPIRE GOLF IN:C., a California corporation
("Lessee"). ~ .
1. LEASED P:RO.PERTY
Lessor leases to Lessee and Lessee leases from Lessor, for the
term and upon the germs and cond=tions set -forth in this Lease,
that parcel or parcels of real property constituting approximately
1.26 acres on or near the Municipal Airport and described with more
specificity in Exhibit "'A", which is attached to this Lease and
made ,a part of thi Lease for all purposes, along with all
easements, covenants,, a'nd other~appurtemant rights assaci.ated with
said real property (co,llectvely the "Leased Premises").
2. CONSTRUCTION AND USE OF`LEA$ED PREMISES
Lessee agrees it will wse the Leased Prem'aes for the
construction and operation oaf a public golf course and .other
activities customarihy associated' with or incidental °to the
operation of a public golf course, including without limitation,
sale o.r r:eiital o'f go`lf-related merchandise at a golf .prof_essional ' s
shop, fiirnis:hng.of lessons by a golf professional, operation of a
driving range, a~n`d sales of food and beverages, including liquor
sales..
Lessee shall not use~the`Leased -Premises for any unlawful purpose
and shall comply with all valid haw rules and regulations
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applicable to the Leased Premises or. the businesses .conducted on
the Leased Premises.
3. QUIET ENJOYMENT _
Subject only to the terms of this Lease, so long as Lessee
complie>s with -its obligations under this Lease, Lessor shall secure
' to Lessee the quiet and peaceful enjoyment of the Leased. Premises
amd the sole and exclusive posses ion of the Leased Premises
without objection or interference ;from Le sor or any party claiming
under Lessor.
4. ~ TERM
4.1 Initial Term
The term of this .Lease shall be for forty (40)
years, beginning on the first day of the calendar month following
completion o.f the Construction Period as that term is hereafter
defined. The Construction Period shall be that period of time
beginning with the. execution of this Lease and continuing until
such time as the parties recognize and agree in writing that t-he
golf course is ready for public play. The standards for agreement
that the golf course is ready for public play shall be: completion
of Le_ssor's Required Obligations pursuant to subsection 6..1 of this
Lease, completion of the Lessee's Improvements pursuant to
subsection 6.3 of this Lease. issuance of a certificate of
occupancy for the clubhouse and other structural. improvements
constructed upon the Leased Premises. installation of the
irrigation sys em upon the golf ,course an d. successful maturation of
the turf grasses and other landscaping required for practical use
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and play upon the golf course. Lessee`s obligations for the
payment of rent pursuant to Section 7 shall not commence until the
first calendar momth following the completion of the.Construction
Period.
4.2 Optional T'e-rm
Lessee .is granted one (1) successive twenty (20)
year option to extend t'he initial term .of this lease on all terms.
covenants and conditions herein-continued in accordance with
provision regarding percentage ,rent in option. period through
termination. Lessee, shall give written notice of the exercise of
the .option to Lessor not later than one hundred eighty (1.80) days
prior to the expiration of the initial term.
5. LEASE YEAR DEFINED
A "L-ease Year" is that.. period of 12 consecutive calendar
month beginning with the term of the Lease as defined in Section
4. The ,Lease Year may be changed by written agreement of the
parties. Each Lease Year will constitute a separate accounting
period for the purpose of computing percentage rent. and gross
revenue`.for any Lease Year shall not be carried forward or backward
into an,y other Lease Year. ~ If this Lease is terminated prior to
the end of a Lease Year. minimum rent andipercentage rent will be
subject to proration.
6. CONSTRUCTLON OF .THE GOLF COURSE
6.1 Lessor's Reauir-ed Obligations
The obligations identified in this subsection 6.1
shall be referred hereafter as "Lesso`r's Required Obligations."
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Lessor shall provide to Lessee the real "property identified in
Section 1 anal Exhibit "A" of this Lerase. In order to satisfy
Lesso-r's R:equired Obligations under the terms of this subsection,
it is .agreed that Lessor shall, secure and provide all of the
following. without limitation:
(A) Design,, easements, and permits for treated
waste water line to golf course site.
(B) Share cost equally of fencing on property
north of East Washington Street to,secure golf course from playing
fields and other relational activities in park area, work to be
done by Lessee.
{C') Subordination o.f land to allow financing
of project.
(D) A11 necessary `archeoaogical, fish and
game, biological soils analysis or other required studies or
approvals necessary to commence construction.
(E') Al°1 necessary environmental permits such
as an environmental impact report or negative declaration.
(F) All neces ary map r"ecordaton. conditional
use permits, easements or zoning appr:o'vals.
(G) Indemnif.ca;tion from any toxic waste
. liability existing as of the commence"merit of the Lease.
(H) At the. p.orrt of ultima a connection, all
nec?ea ary amd required utilities, including without limitation, but
only if avail~a:ble., electricity, water, sewer, and fire hydrants.
6.2 Irrigation Water
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Lessor and Lessee; acknowledge that the golf course
. is to be .irrigated with s.econd'ary treated effluent in accordance
with any applicable law, regulation or rule including the Use
Permit. fro m, the City of Petaluma.
(A) Priority Status. Anything to the contrary
in this Lease notwithstanding, Lessor covenants that it will
provide irrigation water to the Premises and the golf course as
part of its sewage effluent discharge program, for energy pumping
cost only, and in priority to all other customers other than those
with. valid and existing contracts which were executed prior to
January 1. 1989, or renewals of said contracts. and will not alter
its discharge program in any respect to change its locat-ion in such
a manner as to deprive the, Premises or the golf course .of such
irrigation water unless supplemented by another source. In the
event federal, state. local, other law. ordinance. rule or
regulation ever require that t'he sewage effluent used for any
treatment other than that currently used by the Lessor, Lessor
agrees to process the sewage effluent used on the Premises and the
golf course in conformance with such requirement. at Lessor's sole
cost. and expense. and to continue to provide the required
irrigation wa er or alternate source of water agreeable to Lessee,
to the Premises and the golf course. as required by this paragraph.
6.3 Less!ee's Reauired Obl .aa.tions
The obligations identified in this Subsection 6.3 shall
be referred hereafter as ".Lessee's Required Obligations." In order
to satisfy Lessee's Required Obligations under the terms of this
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subsection, it is agreed that L.e,s'see shall secure and provide all
of the following without limitation:
(A.) An 18 hole golf course having a length of not
less than. 6,:200 yard an;d par of at least 72.
{'B) ~A driving range with a minimum of 30 all grass
tees.
(C) A clubhouse building to include golf shop,
restaurant, bar. kitchen, and rest rooms. Building to be no less
than 6,000 square feet, anal designed for future expansion.
(D)- Landscape and irrigation improvements,
including an automatic irrigation system, which will be permanent,
for al tees, greens, fairways, .and around all structures.
(E) Night lighting fo;r the driving range. and
parking lot.
(F) A maint'e,nance bu.ild.ng for golf course
equipment, stor-age, supplies,.. and repaxs.
(G) Necessary mechanical, electrical. and plumbing
installations.
(H) Parking for golf course and driving range.
(I) Cart storage building for the power cart
operation .
(J) Extension of treated 'water main at the current
end of the line location on the Adobe Creek Golf Course to the golf
course site.
(,K) Such other improvements as are required to
develop, maintain and operate a 18 hole golf course facility.
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(L) Additional Construction. Subject to written
approval of Lessor, Lessee may elect to construct certain
additional facilities which are compatible with the Required
Construction.. and which provide o;pt.ional services for the Leased
Premises including without limitation. banquet facilities, and
outside barbecue facilities.
(M) Lessee shall also provide an additional thirty-
three~(33) acres, as specifi"tally described in Exhibit B, adjoining
Lessors property to establish a- total of one hundred sixty (160) '
acres for the full"golf course facility.
(N )' Necessary improvements to East Washington
Street crossing connecting golf course on the south side of East
Washington Street with golf course on north side, for golf cart and
pede: trian (golfers) access.
6.4 Construction Plans and Approval
" (A) Conceptual. Lessee will submit golf course
route plan and conceptual facilities phan for Phase 1 the golf.
course to Lessor not later than thirty (30) days following
execution of this Agre,,ement for Lessor°s approval, which is not to
be unreasonably w.thhe3d. Lessor'•s~ response to the submitted
plans, including any~r'ecommendatons for change, is to be submitted
to Le.s ee not later. than thirty (30) days following Lessor's
receipt of th:e schematic plans.
(B) Lessee shall submit far approval all
deve•lopme'nt a'nd Construction Plans for final approval in the
foll;owin9 phases: "
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Phase 1 Golf Course and Driving Range
Phase 2 Maintenance Building
Phase 3 .Clubhouse, Cart Storage Building, Parking Lot
and Street Improvements
Lessor's response to these development and
construction plans, including any recommendations for change, shall
be submitted to Lessee not later than sixty (60) days following
Lessors receipt of plans.
(C) "As Built" Plans.. Within sixty (60) days
following completion of construction upon the Leased Premises,
Lessee shall furnish Lessor~a complete set of reproducible and two
sets of prints of "as built" plans.
6.5 Construction
Following Lessor's approval of development plan and
construction plans by Phase, Lessee, as the general contractor,
shall cause the commencement of the Required Construction upon a
date mutually agreed upon b;y Lessor and Lessee. Lessee shall
mutually comply with all approved plans unless a change order or
alteration is otherwise agreed to by Lessor.. Lessor shall have the
right to inspect all construction for the purpose of confirming
that Lessee is adhering to the approved plans and specifications.
Lessee shall also construct or cause to be constructed upon the
Leased Premises all lines, structures and facilities required in
order to provide the Leased Premises with all necessary utility
services. _
(A) Mechanics Liens or Stop-Notices. Lessee shall
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at.all times indemnify, d:e'fend,and hold Lessor harmless from all
claims for labor and materials in connection with the construction,
repair. alteration or installation ~of structures, improvements,
equipment of facilities upon the Leased Premises and from the cost
of defending against such claims, including reasonable attorney
fees.
In the event a lien or to stop notice is
imposed upon the Leased Premise-s,as a result of such construction,
repair alteration or installation, Lessee shall either:
a) Record a valid release of lien, or
b ) Procure and record a, bond in accordance
with Section 3143~of the California Civil Code, which frees the
Leased Premises from the claim of the lien or stop-notice and from
any action brought to foreclose the lien.
6.6 Lessee's Assurance of Completion
Prior to commencement of construction. Lessee shall
furnish Lessor suitable evidence of money available, in an amount
of not less than four million dollars ($4,000,000.00) in order to
complete the Required Construction. Such evidence may take the
form 'of one of the following:
a) a peerf~ormance bond containing the
provisions of a labor and materi,a bond supplied by Lessee's
contractor or contractors, provided said bonds are issued jointly
to Lessee and Lessor as obligees; or
b) an irrevocable letter of credit, in an
amount not less than $4,000,000.00. or
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c) cash deposited in an escrow acceptable to
Lessor, with interest to accrue to Lessee, but with instructions to
the escrow agent to the effect that until construction is
completed., funds deposited in the escrow may.not be released or
pledged without Lessor's written approval; or
d) any combination of the above. All bonds
and letters of credit must be is ued by a company qualified to do
business in the state of California.
6.7 Ownershiu of Improvements
. (A} A11 buildi',ngs, improvements and facilities, other
than trade fixtures ;and personal property constructed .or placed
upon the Leased.Pr'emises by Lessee, shall become Lessor's property
upon the termination of the. Lease term..
(B) Lessee's land contribution of 33 +/- acres, shall
become property of Lessor upon termination of Lease.
7. RENT
In consideration of Lessor executing this Lease and grant the
rights provided in this Lease, Lessee will pay to Lessor at the
address•listed the consideration outlined in Sections 7.1 and 7.2.
7.1 Annual Rent
a) Lessee shall pay Lessor the following
annual rent in the first ten (`10)years of the lease:
Years 1 through 5 $1,000 per year
Years 6 through 10 $10,000 per year
b) Payment of Annual Rent. In the years one
(1) through ten (10) of this lease the annual rent payment shall
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be due no latex than fifteen (15), days following the first month
of each,."Lease year" as defined`in Section 5.
. 7.2 Percentace Rent
a) Percentage rental shall begin in the
eleventh (llth)~ year of this lease. The first payment of
Percentage Rental .shall occur in arrears in the second (2md) month
of the eleventh. (11th) year of the lease.. Schedule of Rent shall
be as follows:
Percentaae.Rent Schedule
YEARS 11-15 16-20 21-25 26-40 41+
GREEN FEES 5.0% 7.5% 10.0°s 10.0% 16.0%
CARTS 5.0% 7.5% 7.5%. 10..0% 10.0%
RANGE 5.0% 7.5% 7:5°s 10.0% 10.0%
OTHER REVENUE 0.0% 0.0% 2.5% 5.0% 5.0%
b) Monthly Statement. On or before the 15th
day of .each calendar month starting in the second (2nd) month of
the eleventh (11th) year of the lease,. Lessee shall deliver to the
Lessor a written statement certified as correct by Lessee, of the
amount. of Lessee's Gross Revenue during the preceding calendar
month.
c) Records. Lessee shall. with respect to
business done on Premises, keep true and accurate .accounts,
records, books and dates (hereinaft~er.ealled "records"), in a form
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satisfactory to the Le sor,.whch s'h"aal contain a breakdown between
Gross Revenue from the categories .set out in "Percentage Rent
Schedule" in 7.2a). Thee Lessor may, at the Lessor's expense,
require an audit o,f eaah annual"statem'e nt.
Accurate receipt printing registers shall be installed
and kept by Lessee on the premises, which ,shall show and record
each and every sale transacted'. Rental and fees shall be recorded
when made or performed..
d) Inspection of Records: Audit. The Lessor
shall be entitled a't arT.y time throughout the initial and optional
term and. for one ('1) year thereafter to question the accuracy of
any statement furnished by Lessee hereunder. For such purpose
Lessee shall keep safe and intact f<or at least four ( 4 ) years after
the end of each lease year all of Lessee's records, sales slips,
and other material Lessee is required' to maintain hereunder with
.respect to Gross Revenue. Lessee shall .upon written reques-t, make
the same available for examination. at any reasonable time for one ~
(1) year after the end of 1_ease.year to which such record's relate..
Lessee. hereby agrees that the Lessor, its employees, agents and
represenaatives, at all reasonable ti"mes,.shall have the right to
inspect a'-nd exa-mine all such records,. sales slips and other
material by which the Lessor may be enabled to ascertain ..the amount
of Lessee's°Gross receipts hereunder. Lessee agrees to furnish the
Lessor true and complete copies of its annual retail sales and use
tax returns at~the time such is filed .with the State of California
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relative to itsoperations at the golf course. Upon written '
request by the Lessor. Lessee agrees to immediately furnish the
Lessor with a copy of such records and materials for the reasonable
cost of producing same.
8. GROSS REVENUE
For purposes of calculating Percentage Rent. in Section 7.2
"Gross Revenue" shall mean all .money received by Lessee as a result
of the sales of goods or the provision of services on the Leased
Premises, but shall not include:
(1) Cash refunds or credits allowed on returns by customers;
(;2 ) Sales taxes, excise taxes. gross receipts taxes and other
similar taxes now or later imposed upon the sale of food,
beverages, merchandise or services and paid by Lessee to the
appropriate taxing authority. whether added to or included in the
selling price;
(3) The actual uncollectible amount of any check or bank
draft including costs. of collection received by Lessee as payment
for goods or services and returned to Lessee from a customer's bank
as being uncollectible (commonly "non-sufficient funds" checks),
but only after Lessee has made reasonable efforts to collect on the
check;
{4) The actual uncollectible amount of any charge or credit
account (commonly "bad debts") incurred including costs of
collection by Lessee for the sale of merchandise or services;
provided, however. that the credit was ex-tended to the customer by
Lessee., and that reasonable efforts to collect said account have
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been made;
(5) The actual uncollectible amount of any sale of
merchandise or services for which Lessee accepted a credit card;
including costs of collection provided„ however, that Lessee has
made reasonable efforts to collect th:e debt after being notified by
the issuing bank of the invalidity or uncollectibility of the
charge;
(6) Interest or other charges paid by customers for extension
of credit;
(7 ) Sales or trade-ins of machinery. vehicles.trade fixtures
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or personal property used in connection with Lessee's operation of
the Leased Premises;
(8) The value of any merchandise, supplies or equipment
exchanged or transferred ;from o°r to other locations of business of
Lessee whexe such exchange or transfer is not made for the purpose
of avoiding a sale which would otherwise b~e made from or at the
Lea ed Premises;
(9') Receipts in the form of refumds from or thee. value of
merchandise. s-upplies or equipment returned to shipper-s. suppliers
or manufacturers;
(10) The amount of any cash or quantity discounts received
from sellers. suppliers or manufacturers;
(11) The amount of any gratuities paid or given by customers
to or for employees of Lessee;
(12~) Rece.ipts from the sales of uniforms or clothing required
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to be worn by employees;
(13) Amounts attributed- t,o meals served or provided to
employees of Lessee;
(14) Receipts from the sale of waste or scrap materials
resulting from L:essee's operations;
9. FEES AND CHARGES
. Lessee shall establish and keep current ,a comprehensive
schedule of fees for golf play and cart rentals.
9.1 Establishing of Fees Fees for golf shall be determined
in the following manner annually.
(A) Survey the regular 18 hole weekday and
regular 18 hole weekend green fees from the following five ( 5) -area
courses. Initial survey and setting of fees shall be done sixty
(60)` days prior to course opening. and thereafter on the
anniversary date annually.
1) Peacock Gap Golf Course
2) Windsor Golf Course
3) Mt. Shadows North Golf Course
. 4) Indian Valley Golf Course
5) Oakmont West Golf Course
(B)- Compute the average fee charged for the
aforementioned categories. from the five courses.
(C.) The charge for said service charged by
Lessee shall be no greater than the average of these five courses.
(D) A comprehens-ive review of applicability of
"surveyed" courses shall occur every .five (5) years. Any course
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that changes their operating policies significantly shall be
replaced at time of annual review b,y mutual consent of Lessor and
Lessee.
9.2 Residents Discount All residents of the City of
Petaluma shall receive a 20% discount off any published green fee.
The method .of administering the discount shall .be mutually agreed
upon by Lessee and the City of Petaluma .Parks and Recreation
Department.
9:3 Senior/Junior Discounts All resident Seniors (62 years
old and older) and Juniors ( 18 years old and under) sha h receive
a minimum of an additional 10% off the regular resident weekday
green fee. Days anal hours of availability of discount shall be
determined b.y Lessee, not to be unreasonably restricted.
A11 other fees, including without limitation, fees for range
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balls, lessons, rentals, food. and beverage.. and gglf shop
merchandise shall be at sol.e~discretion of Lessee.
A register receipt, showing date and time of issue; and
amount paid, shall be tendered to every person paying for fees or
services.
10. SERVICES TO BE PROVIDED BY LESSEE
Pursuant to this Agreement, Lessee shall provide the services
and operate the golf course facilities as described below.
10. I ~ianaaement Lessee agrees to o.p~erate 'and .manage the golf
course facilities and services offered in a high quality manner
comparable to 'gther courses providing similar facilities and
services during the. entire Lease term. Lessee shall provide, at a
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minimum, a full time Head Golf Pro,fessi.onal w.ho shall be a "Class
A" member of the Professional Golfers Association of America, and
a full time Golf Course Superintendent .who is a "Class A" member of
the Golf Course Superintendents Association of America. Lessee
agrees~it shall operate anal maintain a standard of. service at least
equal to that of the golf course facilities aforementioned in
9.1(A).
10.2 Hours of Operation
Lessee will establish hours of
operation, subject to Lessor's approval. Lessee agrees it will
conduct. business on the Leased Premises in conformance with
published hours and days of operation. as established, unless an
exception or change is otherwise approved by Lessor.
10.3 Lessee's Employees Lessee will ensure that its
employeesshall at all, times. c'ond'uct themselves in a credible
manner. Lessee shall maintain a staff adequate to operate and
administer all facilities located on the Leased Prem'ises'
10.4 Dress and Conduct Standards Lessee shall set dress and
conduct standards, subject to Lessor's approval, and shall be
permitted to deny entry or permission to. play to anyone who .fails
to conform to those standards. Lessee sfi aTl have the right to, in.
its so: a jud'gement,~refuse admission and/or service to persons who
are drunk, disorderly, under the influence of drugs, or who conduct
them elves, in a manner that could result in injury or harm to
persons or property on the Leased Premises. Lessee shall also have
the right to su pend privileges as he deems necessary.
10..5 Tournaments Lessor shall have the right two times
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during each Lease year to schedule a tournament or tournaments for
the full day. Lessee and Lessor will agree in advance, once a
year, on the dates for such tournaments. Tournament participants
will pay the then-prevai-ling rates for golf tournament fees and
services.
10.6 Public Course: •Non-Discrimination Fair and equal use
of the Premises and facilities and hiring. treatment and
advancement of employees there at by Lessee shall not in any manner
be denied or abridged on the basis of sex, race, .color, religion,
ancestry, national origin, or in any other manner discriminatory
under federal, state or local law.
10.7 Clubs, Tournaments and Special Events
(A) Clubs., Lessee agrees to encourage formation of
recognized golfers' organizations b.y users of the golf facility.
The. parties hereto agree that gender specific clubs, for example
men's and women's clubs. seniors cluba, or junior clubs. can be
important to the success of a golf course; and Lessee shall have
the right, in Lessee's reasonable business judgement. to establish
such clubs or other similar clubs may be granted certain
privileges. including, but not limited to. starting time
preferences and annual use playing cards. with a first preference
given to Petaluma residents.
(H) Tournaments and Specific Events. Lessee agrees
to accommodate and encourage tournaments and to consider favorably
suggestions for events calculated to accommodate the public,
increase golf play at the course, and otherwise mutually benefit
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the parties hereto. T.h>e~ sc2iedul,ng of and rules for all
tournaments shall be determ°ined b,y Lessee. Lessor and Lessee
acknowledge that these types of events' by their very nature curtail
the public access to th:e: couxse during s':ue~h events.
10.8, Lessor's Rerh.t, of Inspection Lessor, acting through its
director o.f Parks and Recreation ("Directgr") . shall .have the right
to enter upon and iris;pe;c`t the Leased E~remises at any time during
normal business hours.
11. TAXES
Lessee will pay all taxe Tic.ense fees or other
governmental charges.a~ssessed or mp.o~sed on the personal property
and 'improvements owned by Lessee located on the Leased Premises or
upon the. business operations of Lessee conducted on the, L-eased.
Premises.
12. UTILITIES
Lessee will pay before delinquency al.l charges for utilities
including electricity. ga ;. heat'ng.. cooling, telephone and iaat.er,
used`by.Lessee on the :Leased Premises.
13. CAP`ITA`L IMPRO.VEMENT.S
13.1 Initial Term
Starting in year thirty-one (31). Le see wi l begin a
ma,Tor renovation and m'bdernzation program. Work shall be
condu:'cted by Lessee. Payment. wi-11 be provi,.ded by creating a
capital improvement trust fund of an additional three percent (3°s)
of the gros green fee revenues annually c~ommenc'ing in year thirty-
one (31~), :This will be deposited in an account annually approved
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by Lessor. all interest to go to account. Lessee "with Lessor's
approval will make improveme,nas to golf course facility annually or
on a basis ,as agreed by .partie's. This three percent ( 3°s) of the
gross green fee revenue shall be paid pursuant to subsection 7.~2,
and is an addition to percentages set forth in 7.2.
13:.2 Optional Term
Starting in year forty-one (41), or the first year of the
Optional Term, said capital improvement trust fund as described in
13 . 1 shall be incr"eased from an additiona three percent ( 3°s) to an
additional four percent (4%) of gross green fee revenue. Fund
shall be administered as detailed in 13.1. and is an addition to
percentages set forth in 7.2.
14. MAINTENANCE AND REPAIRS
,Lessee acknowledges it is acquiring the Leased Premises in
their current "as is" condition, except as provided in subsection
14.1 below.
14.1 Lessee's Obliaat"ions
Lessee assumes sole responsibility for maintenance and
repair"of the.LeaSed Premises and Lessee~wil.l maintain the Leased
Premises' in good ordex and in sanitary and safe condition at
Lessee's: sole expense. Lessee agrees it will maintain the Leased
Premises in conformance with'the maintenance standards specified in
Exhibit.: "C"., which is attached to this, Lease and made a part of
this Lease by this reference.
15.. L'ESSOR'S COOPERATION
City recognizes and acknowledges that Lessee will need the
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assistance and cooperation o'f Cit'y in order to properly perform and
fulfill Lessee's covenants and obligations under this Lease.
Therefore, City agrees it wi.T-1 secure for Lessee, with Lessee's
assistance as needed, all permits or license that axe ~w.ithin the
jurisdiction and' authority of City or w-.thin the jurisdiction and
authority of City's various departments, agencies officers, boards
or councils, and that~are required in order for Lessee to fulfill
its obligations under this Lease. City agrees it will designate a
specific of'ficex or agent (City's "Coordinator") having :appro.priate
experience and authority •whose responsibility it is to..work with
Lessee in assuring that Lessee obtains the full cooperation and
assistance of City, subject to the term s•- of this Lease and aTl
applicable laws.
15.1 Initial Construction Phase.
During the initial constr..uction phase, the Coordinator
shall organize meeting with aTl appropriate agencies for the
purpose of acquiring. design and construction information: submit
and secure the nec"ess:ary planning approvals, mass grading permits
building construction permits; and shall aid in devea~oping
a;lte_rnati've solutions to issues raised in the planning and plan
,che;ck phases. +
16. INSURANCE
The following types of n;s.urance coverage relating to ~ttie
Leased -Premises anal Lessee's •opera°t~i,ons of the Leased Premises
shall be maintained at all times throu;g.hout the Lease Term:
16. 1 Liabi,layInsurance
21
Lessee will ma-irrtan, at hessee's sole expense, a policy
or policies of comprehensive gen~er,al liability insurance, naming
Lessor and Lessee as insureds, with coverage of not less than one
million dollar ($'1,000,000.00) comb°ned single limit for bodily
injury and property damage. The 'liability limit of $1,000.000 per
J occurrence shall be reviewed every five years, Lessor shall
reevaluate said liability limits and such limits shall be adjusted
as determined by the Lessor". Said adjustments shall be reasonable
and shall be determined based on golf course operations of similar
types.
16.;2' Worker's. Compensation
Lesse"e will `maintain, at Lessee's sole expense, a policy
or policies of worker's compensation insurance in compliance with
~ applicable California law.
16.3 Fire Insurance
Lessee hall maintain, at Lessee's sole expense. a
standard form policy or policies of fire and special form insurance
on 't'he Leased Premises, including the clubhouse and related
buildi_nga and a l personal property, furnishings and equipment
owned by Lessee, in an amount equal to the re,placemen,t cost. Said
fire policy s'ha11 provide that the "Lesso'r and Lessee are to be co-
recipients of any insurance proceeds.
Lessor, will request Le see to .provide Lessor with
suitable evidence of insurance coverage. Such a request will be
satisfsed by subm~ission~~of a copy of the policy or policies then in
effect or a certificate of coverage and proof of payment of
22
premiums..-Any insurance required to be carried under this Lease
may be included as part of any blanket or other policy or policies
of insurance, subject 'to the provisions of this Lease. Lessor, its
officers, employees and agents shall be named as additional
insureds under Lessee's policy and that policy shall operate. as
primary insurance such that no other insurance obtained by Lessor
will be obligated to contribute to any insured loss.
17. INDEMNITY
Lessee shall indemnify, defend and hold Lessor harmless from
all cla-ms, demands, causes of action and liability resulting from
injury to persons or damage to property sustained on or about the
Leased Premises an'd a°rsing from Lessee's operations or as a
proximate result of the acts or omissions of Lessee. or its
employees or agents. This provision does not apply, however, to
any such liability as may be the result of the direct and proximate
negligence or willful:.misconduct o.f Lessor or Lessor's employees or
agents acting within the scope of their employment or agency.
18. DAMAGE AND RESTORATION
If, the building or other improvements on the Leased Premises,
or the personal property. leased under this Lease.,, should be
partially damaged or totally destroyed by fare or other casualty.
'Les""see will repair, reconstruct or replace the buildings,
improvements or personal property to .a condition as nearly similar
as possible. If repair, reconstruction or replacement is
prohibited under then-existing laws, or if the parties should
decide among themselves that recohs•truction or replacement is not
23
warranted, this Lease sh>a1.1 ;term,na:te without further obligation on
the part of either party.
18.1~Re`ntal Abatement and Term Extension
If Lessee is unable to use all or a significant portion
of the Leased Premises during repair, reconstruction or replacement
as provided for in this section, Lessee's rental obligations under
Section 5 shall be abated or reduced or adjusted by a percentage
amount equal to the percentage loss o~f grass revenue as defined in
pasagr.aph 8 and attributable to such "interruption' as appropriate
until such time as Lessee is again able to use the Leased Premises
for their intended purpose. The term of this Lease shall also be
extended for a period equivalent to the length of time needed for
Lessor to restore the L-eased Premises and make them available- to
Lessee for Lessee's .u se pursuant to Section 2 of this Lease.
19. EMINENT DOMAIN
In the event that title to any portion of the leased premises.
is taken by condemnation or. by right of eminent domain, the lease
shall not be terminated, but all rent and other payments due the
Lessorduring the remaining term of the lease shall be reduced b'y
a percentage amount equal to the percentage of gross revenue as
defined in paragraph 8 attributable to such taking.
If there is a taking by right of eminent domain, the award
shall belon°g to and be paid to Le sor, except that Lessee shall
receive from the award th.e following;a (a) a sum attributable to
the value of 'Lessee's leasehold. estate, and (b) a sum
attributable to loss of good will.
24
20. FRUSTRATION OF' PURPOSE .
At any time during t~~lae term of this Lease, if the governing
body of any political subdivision having competent jurisdiction
over the Leased Premi es should enact any valid zoning ordinance,
law or regulation which prohibits the use of the whole or a
substantial part of the Leased Premises for the purposes as
provided in Section 2 of this Lease, or if an event of force
majeure occurs, including without limitation, declared or
undeclared war, sabotage,.riot or other acts of civil disobedience,
acts.of government, labor disputes, shortages of fuel, accidents,
fires, explosions, floods, earthquakes, or other acts of God, which
substantially prevents Lessee's fulfillment of its obligations as
provided for in Seetion 2 of this Lease, it is agreed that Lessee
may elect, within one hundred twenty (120) days after the effective
date of such ordinance, law, regulation or the occurrence o.f the.
event of force maj~eure,_to cancel this Lease and surrender
possession of the Leased Premises. Any such cancellation. and
surrender will act .to release and discharge Lessee from any further
obligation under this Lease.
2'1. ASSIGNMENT
E'xce,pt:as otherwise provided below. Lessee shall not assign
this. Lease nor` sublet all of the 'Leased Premises without the prior
written con ent of Lessor, and such. con-sent shall not be
unreasonably withheld. Lessee sh~a11 notify Lessor of any proposed
assignm'e':nt or subletting at least sixty (69) days prior to the
proposed eff'eetive date of such a signment or subletting. In the
25
event 'tha>t an:y such assignment or subletting Vs ap:p_roved by Lessor,
the assignee or sublessee sh°al agree 'in writing to be bound by all
of the covenants of this Le"ase required of Lessee and-Lessor shall
thereafter- release Lessee 'from liabil-ty under this Lease
21.1 Riaht of First Refusal
In th•e event that prior to the "stated expiration date of
the Lease te;rm," Leas-ee should elect to assign all of its interest
.in this Lease pursuant to the provision of Section 21 above, Lessee
shall submit the pxopo ed terms and conditions of any. such
assignment, in. writing, to Lessor or Le sor°'s nominee shall then
have no more than sixty (60) days from the date of such, submission
within which to exercise a right of first refusal to acquire
Lessee's leasehold rights on terms:. and c.ondit-ions no more favorable
than those offered by the ps'ospe.ct,ive assignee. Failure to
exerci"se such right of first refusal shal constitute approval of
the prospective assignee under paragraph 21. In either event,
Lessee shall be rele°a'sed from amy and all further liability under
this lease other t°han for events which may .have. ;occurred' during the
term of Lessee's- operation of th'e le.a~'ed premises.
22. ,BREACH AND REMEDSES
'The' f.o lowing conditions will constitute a breach of this
Lease and a default thereunder:
2'2'.1 Conditions of Default
(a) If Lessee fails to pay rent or fulfill any other
monetary•obli.gation of Lessee to Lessor, and Lessee fails to cure
26
such monetary default within thirty (30) days after written notice
from Lessor t.o Lessee of` such inon'eaary default.
• ~ (b) If eithe-r party fails= to perform any of its other
non-monetary obligations under ths:Le,a;s:e when due or calle.,d for,
and 't,he party in default fails to cure such non-monetary default
within sixty (6.0) days afaer written. notice from the non-defaulting
party of such non-monetary default; provided, however. that if the
nature of the non-monetary default is the result of a force majeure
occurrence or is othe':rw,se of a nature such. that it cannot be fully
cured within that sixty (6`.0) day period, t`he party in default shall
have such additional time as is reasonably rtecessary to cure the
default so, long as the, party in default is proceeding diligently to
comglete.the neces-nary cure after. service of notice by the non-
defau ting par-ty.
(c) If Le see shall be adjudged bankrupt, or a receiver
be appointed for Lessee's property, ox if Lessee's interest n..this
Lease shall pass by operation of law t'o~ any person other than
Lessee and such adjudication, appointment o,r or-der is not vacated ,
dismissed, or set aside within one hundred twenty (120) days from
its ,entry,
(d.) In the-event the Lessee does not cause golf course
completion and open for glay, as described in subsection 4. 1, prior
to D:ecember•31, 19`94, Lessor shall have the option to terminate the
Lease.
2.2 ., 3 ~R~ e~m~e d i e s
If any of the Condit-ions identified in sub-section 22.1
27
above should oc-cur and the party in default does not cure the
default, the non-defaulting p'ar.ty may elect to terminate this Lease
immediately and seek al.l remedies as provided under law and equity
If Lessee is the party iri default.. Lessor may terminate Lessee's
right to possession without termination of the Lease. Lf Lessor
elects to continue the Lease and so informs Lessee in writing,
Lessor will retain the right to recover rent and all other payments
at such time as they become due under this Lease and.. Lessee may
assign its interest in the Lease pursuant to Section 18 of this
Lease. Lessor may also elect to rent the Leased Premises to any
other party at a rental rate and for such terms as Lessor deems
practicable, and the rent so received shall be~credited to the
account of Lessee, less any expense of repossession and re-renting.
During the unexpired remainder of the Lease~Term, Lessee will be
liable for any deficiency that results from Lessor re-renting the
Leased Premises at a lesser amount than the minimum rent called for
in this Lease.
If either party at any time by reason of the other
~` party's default pays any sum or does any act that requires payment
of any sum. the sum paid by the non-defaulting party shall be.
immediately dine and owing by the defaulting party to the non-
defaulting party at the time, the sum is paid, and if paid at a
later date shall bear interest at the rate of ten percent (10%) per
annum from the date the sum is paid by the non-defaulting party
until the non-defaulting party is reimbursed by the defaulting
party. ,
28
If either Lessor or Lessee. should find it necessary to
bring an action in a court of law to enforce any of its rights or
remedies under this. Lease. both parties agree that th•e prevailing
party in any such litigation shall be entitled to a recovery of
reasonable attorneys' fees and costs incurred by way of such
action.
23. NOTICES AND ADDRESSES
A1:1 not:ic.es.:. demands, requests or replies provided for or
permitted by this Lease ;shall be in writing and may be delivered by
any ome of the following methods: (1) by personal delivery; (2} by
deposit with the •Unite•d States Postal Service as certified or
registered mail.. return receipt requested. postage prepaid to the
addresses stated below; . (3 ) by prepaid te-l.egram; or ( 4 ) by deposit
•with an overnigfi t express delivery service. Notice deposited with
the United States Postal Service in the manner described above
s:ha'1.1 be deemed effective three ( 3 ) busine-ss days after depo it
with- the Postal Sexvice. Notice by telegram or overnight express
de Livery service shall be .deemed effective one (1) business day
after~trans,ms.son to t-he telegraph company or after deposit with
the express delivery service. Notice by personal delivery shall be
deemed effective at the time of personal delivery.
Eo.r purposes of notice.. demand. request. reply or
pa'yment~ the° address' of Lessor shall be:
City of Petaluma
C%0 City'Manager
11 English Street
Petaluma. CA 94'952
With a copy to:
29
D,i;rector .:o.f. P'a=rks and Recreation
Gity o.f Petal;uma ~ _ ,
C/0 City H`aI1~
11°English Street
Petaluma, C~A 94;952
The.addres.s of the Lessee ..shall be:
Em,pir.e Golf Inc.
Attn: R.od Metzler, President
7 Fourth.Stree_t, Suite 61
Petaluma, CA 94952
Each party shall have the right to designate a different
.address within :the Uniaed States of America by the giving of notice
in conformity with this section.
24. GOVERNING LAW
This Lease and the right and liabilities of the parties to the
Lease shall be goverri~ed by the laws o'f the State of California.. If
any provision of this Lease is invalidated by judicial decision or
statutory enactme;nt;, th'e. invalidity of any such pro.vis`ion w~i1T ,not
effect the validity of , an-y other- prow-on of~ the Lease:
25. CAPTIONS
Captions in .t'hs Lease are included f,or convenience only and
are not to be taken iri•to consideration in amy const"ruction o`r ~'
,
interpretation of this Lease or-any o;f its pr-ovs,ons.
EXE;C'UTE~D in multiple original counterparts, which constitute
the same sin°g'le Lease instrument, on the ,date stated above.
30
//
//
Execution signatures on the following page.
31
EMPI GOLF INC. (Lessee;) GI:TY OF PETALUMA (Lessor)
Ro Metzler _=% ~ City 'anager
President ATT ST:
Its
City Clerk
APPROVED AS ,TO FORM:
u4A - V
~~~ ~ -
City Attorney
~~
Finance Offs er/Auditor
'sk Marn gex
1
O
32
EXhlblt "A"
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O
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Q
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5
~5 r
r
~tra ~.. a..~~ . .
Leased land in highlighted areas.
(approximations)
1
2
E%HIBI,T °B°
LESSEE'S LAND CONTRIBUTIOIl
Being a portion of Lot ZSO,.a$ safd %ot ie reA attd designated upon
Rotde's hap of the Petaluma Rant:ho im the off iCe of the
County Recorder of Sortorna county on Sept et°~ 7, r~6 rn Sook ,® of
Ptaps, page i5, Sottotrta County ....Records., mid portSort being more
partiGUlarty descrit~ atb ~ollot~s to°waits.
Beginning at poi»t on the Southeastt~'iy I%~~ 04~ l~sttington Street,
Said p.0int being OT9 th! diNisiOtt li°n! ~ Y1' LOtB Z43 and Z50g thence
from said p O i n O $' D!g i nn`i tag :a.1 ottg $h! 50.81tP~ `~~~T' i ~+ l I t'1! of 4~a5h i ng t on
Street North 3'S' East Z01,96~ feet, more or~ l~s, to the most Westerly
corner of Lgt i o as shown attd . des~i grta t won i"t~p t~f Est Sale , a
portion o f Lot ZS'0, Pete` l time Rancttzap. ~lbrtt'y 9. 1912 f n
Boob ZT of P9aps, page 1~6, Sonoma .cauraty~ ~ th~nee along the
Southtdesterry 1 ills of said ~tbdit~'rsio'r~ t8T .East 2.140.38 feet,
more or less, to 4h~ i;n~ersection th ~ wlttt tBt ~atthsasterly liras
o f Lot ZSO Of Said Peta l atrna F3atttCh®~ tat ~ 4Qt l y a i ottg ~a i d
Southl~SteT° 1 y ~i~ t® the mammon co = ®f L~t~: 24Z®. Z43, ZSO. and Z51 ;
thence Pdorth 54 ~' West along 4he dit~is`~on line b~tt~en Lots Z43 and
Z50, ZI .4 feast to the po;rtt ®f' be8.i.t'tltrYtg.®
Exce~4'i rag 4het"efrt~ltt than' port i oat as i .. i ~ a ~ i tea 1 ®rder of
Condetattat i on to t`Pte: City of °Pe~ta l um~ . June 11 ~, 19®6 under
Dodsrnan t No . H604 i~912', o.f ®f f i c"i a % ®f Bone~na County , and
being- sore partiC.ulerly deu.Tibed' as f®11 ~ .:
PARCEL °~°'
Begrnn ng at a poiTtt -®n tft %rne ~t Al%ot _t9t~ Z43 attd Z50 as
ShoUUT1 on Said sap , ot! 4rte 5outhea~Bter r;g+ 1 i t~ ®t ,adapt i F'tQ.tott , Stt'eet ® 60
feet. Icl,ade, ' frog which CAT`Tter i f~8nd 1/'Z it~tt it'oY7 pipe, ~ntagged,
bears Sotath 54. 33' East', 4~.~3 feet, tat el'ong id~ I"ilk of
All®ttt~nts~ Z~43 and' ZSO South S~® ~° EaSt~o 2141. f t to a t iron
pipe at the most "".$heer'iy GOT'1'ter of sa:'!d lands, f0'•o~ 1dhi.ch corner a
found i/Z a.nctt -sort pips, tantagged, `v°s th; '° East 5.25
feet.; thence. a l.o»g tf~~e 'S®utheasterly r rte ®~ ~a"id l~n ~lorth 35~ Z5'
34°' ,~S;t 857'.45 fit to a °iet it"®tt p$`p~g th_ .. Not"th 84® 33° lJ@St
2142.75 feet t®a Set iron P iPe on 8a"id ..South : tbtet°ly 1"itte of
Washington Street~~ thence along said 11t 'South 3S® ~° :~'° ides't 887.45
feet to the podnt: of rotting, "
PARCEL "H- i `°
r
A pot:•t i:Qn, og the lands eont~y~d t® Cratttet° ~ by+ recorded in Book
2485. of ®ffiCial. ~COT'd8, Page ZBS, 0otan4y Reoordl5, in
A1lotmen4 25.0, Rot,~e'~ t9ap of Petaluma" Ret9ch®, ded in Hook e
of Maps, page 15, and`~mot~e partiCttlarly ct•ibed as follotdss
~H~g~i' mt f i~ a t' a Wit. i r+on : p f,p! on tn~ t ~ l i . ~ ~~ 9~h i ng~toat
• 5t~ree4, . '60 t.~i+et ~i.d~, da~~t~nt al®»g i~. lid. 1~~'th ~ =2A° tea" East
®5'7.43 f~~t ~ t5 intsrs~c~io'n wi4ft' ,.. E~~~ A1`I®tt~nts 243
`and ~a0 ~• a5• shorn ®rr ~ id ,P theva~~ ~~. , , : ~a ZO ° ~ ~«
E35t` SOO.QO ~e~t t® a' fit. i•~ _
t~'!'S-
~e~ Y` t0 a sst iron p i ~t^ on _$hQ the _ ~ , ; ~i ®"~ i d 1 aT1d~ a
#hence. a i~ong' s~~ i,d boundary So%th 35 3~° t 5A0 ~O feet, to a set
iron ~ p ipe. themce Narth 5~4~ 33'° t+J~at -21~42o7°S ~ t to thc. point of
beginning.
_~
.`i.
..
~;.
'7
• -_-
1 EXHIBIT '"C'•
2 TECHN,LCAL SPECIFICATIONS FOR THE .
3- MAINTENANCE OF COTTONWOOD GOLF COURSE
4 CITY OF PETALUMA, CALIFORNIA
5 Lessee shall utilize these specifications as a minimum. Standards
6 and frequencies may be mod.f;ie`d as effected by growing seasons for
7 the proper maintenance of the golf course. Lessee will be expected
8 to maintain the Premises in a .good, playable condition at least
9 comparable to other public golf courses iri Sonoma County of this
10 type and caliber, with similar fee schedules. As used in this
11 Exhibit "C". the term "ads needed" shall mean at such frequency and
12 in such manner as is necessary tok~eep the Course (and the
13 particular aspect of .the Course which is the subject of any
14 provision hereof) .n a good, playable condition at Least comparable
15 to other public courses in Sonoma County of this type and caliber,
16 with similar fee schedu es. •
17 1. •Maintain all GREENS observing the following minimum
18 requirements::- •
19 a. Change cups and repair all ball -marks as
20 needed.
21 b. Mow as needed at a height of 3/8" or less a-nd
22 remove clippings.
23 c. Verticut as needed on~a year-round basis.
24 d. Aerate a minimum of twice a year.
25 e. Topdre.ss, as needed, following each
26 aerificatiq:n and verti;cutting with a soil
27 mixture compatible to the soil structure.
28 Additionally, all greens should be topdressed
29 following over seeding twice a year.
30 f. Treat in a preventative: manner for control of
31 insects, disease, weeds and other pests to
32 insure a year round healthy turf that is
33 conducive to the: est°ab'lished turf.
34 g: Apply fertilizer as determined by. soil west
35 ~ results.
36 2. Maintain all TEES observing the following minimum
37 .requirements:
38 a. Move markers and benches as needed. •
39 b. Mow as needed at a height of 1/2" or less.
1 b. ~ Mo.w as. needed. at~ °a~ h.eig;ht of 1/2'' .or less.
2 c. Aerify at leasa four times per year.
3 d. Repair worn and. damaged turf areas as they
4 occur to unsure playable tees at all. times.
5 ,e. Treat in a preventative manner for the control
6 of insects, disease, weeds and other pests to
7 insure a year ro.u.nd turf that is conducive to
8 the established turf.
9 f. Apply fertilz,er as determined by soil test
10 results.
11 g. Maintain ball washer with clean water and soap
12 daily. Provide clean tee towels on a daily
13 basis or as dictated by use.
14 3. Maint ain all FAIRWAYS and IRRIGATED ROUGHS observing
15 the following minimu m requirements:
16 a. Mow FAIRWAYS at lea t twice per week at 1"
17 height or less.
18 b. Mow IRRIGATED ROUGHS at least once per week at
19 1-3/4" height or as determined by Lessee.
20 c. Ae-rift' all FAIRWAY as needed and as required
21 by soil conditions.
22 d. Aer.fy all IRRIGATED ROUGHS a needed and as
23 requ°i red by soil conditions.
24 e. Over eed and. topdress (or resod) worn or bare
25 areas of FAIRWAYS and'IR`RIGATED ROUGHS as they
26 occur.
27 f. Tre°at turf in a preventative manner to control
28 weeds, disease, insect and other pests to
29 insure a year round healthy turf that is
30 conducive to the established turf.
31 g. Apply fertilizer as determined by soil test
32 results.
33 4. Maintain DRIVING RANGE TURF and MISCELLANEOUS
34 LANDSCAPE LAWN areas observing`the f:ollow,ng minimum requirements=
35 a. Now at least once per week at 1-1/2" height or
36. less.
C:\P:CCDNT
REVI~S: 12/28/90
•~ 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
b. Aerify at least :two times pe'r year.
c. O~ersee.d and top.dress (or re-sod) worn or bare
spot's in turf a• they occur.
d. Treat turf in a preventative manner to control
weeds, diseases,' insects and other pests to
insure a year round healthy turf that is
- conducive to the established turf.
e. Apply fertilizer as determined by soil test
results.
5. Establish and maintain, at all times a sod nursery
(one each) for greens, tees and fair-ways.
a. Greens.
1) Establish nur;s~e.ry green with soil
structure and grass species as existing
on course.
' 2) Maintain according to greens maintenance
specifications.
3) Following removal of sod replace soil and
re-seed.
b. Tees and F-airiaays.
1) Establish tee and fairway nursery with
soil stru:cture and grass blend as
existing on the course.
2) Maintain according to tee and fairway
maintenance specifications or as approved
by County.
• 3) Fo lowing removal of sod replace and re-
seed or stolonize.
6. •Maintain all golf course accessory equipment in
clean, safe. functioning conditions at all times, replacing
equipmen and/or materials as necessary, including but not limited
to the foll•bwng:
• ~ a. Signs.
b. Tee benches -
C:\PCCONT
REVLS: 12/28/'9:0
c. Tee markers
d. Ba11 wa~sh;e~r--,, ~nc~luding towels and soap
e. O.ut-of-bound markers
f. Distance markers
g. Greens, flags, and cups (annually)
h. G-teen f1:ag poles •
13
14
' 15
16
17
18
19
20
Z1
22
23
24
25
2 6'
27
28
i. Practice green markers and cups (annually)
j. Trash receptacles
k. Shoe spike brushes,
1. Sand trap rakes, ac'ces;s and maintenance
7. Mam,tain 'access an,d ma~n;tenanee roadways and their
slopes free of brush,; .weeds and debris at all times.
8. Remove all litter daily ::from golf course groumds and
driving range. Remo"v e' all trash and; debris resulting from golf
course maintenance as it .occurs. Cle;ari., repair and replace trash
receptacles as necessary to maintain~`c eain, safe. and sanitary
conditions at all times.
9. Maintain the entire, irrigation system, including
pump station, gate v.a,lve assem_blies:, main ,l;ines, electric valves,
late"ral lines, ~^sprinkler heads, cont~roTlers,, water supply- lines in
good- repair, functioning as designed by manufacturer and conforming
to all related codes an,d regulations: a:t all times.
10. Irrigate a`11 turf ari.d Iandsca~pe planting as
necea`sary to maimtan healthy 'g;~rowth a't al.l times.
11. Mai'nt~ain all shrub, ground cover planting and lawn
,_.
areas n a marine-r to promote pr-op,er healthy growth and, an
aestheti.cally.,pleasing appearance and weed free., condition at all.
time s:
29 12. Maintain all trees in safe, healthy and
30 aesthetically pleasing co ndition at all times., keeping adjacent
31 turf mowed and` trimmed to the tru'n~ks of trees on golf 'course.
32 13. Sand traps to be raked as needed and kept edged and
33 in weed-f-tee condition at a.ll .times. s•eplacing sand anal rakes as
34 necessar--y.
C: \P.:CCONT
REVIS: 12/28 /90
1 14. Take whateve_x preventative steps are necessary to
2 protect all slope areas from: e`,r,osion, fire and rodent, damage at all
3 times..
4 15. Control rode-nt and other animal pests as necessary
5 to prevent ergsion, interference with play and destruction of
6 plantings on golf course property at all times.
7 16. Maintain water hazards at proper depth and free of
8 algae and debris.
9 17. Maintain flow lines-, swales, sub-surface drainage.
10 systems in Blear, weed free and proper functioning condition at all
11 times.
12 18. Observe .all legal requirements and. safety
13 regulations in t'he use and storage of chemicals, hazardous
14 material supplies and equipment at all times.
15 19. Maintain golf maintenance storage building and yard
16 in a clean, orderly and safe condition at all times, conforming to
17 all applicable laws and regulations.
18 20. Protect golfers from injury and the golf course from
19 damage in periods o:f frost, rainy weather___and other unusual
20 conditions at all times.
21 21. Maintain exterior drinking water stations in a
22 clean, sanitary and safe operating condition.
23 22. Maintain bridge abutments and approaches in safe,
24 stable condition at all times.
25 23. Maintain walkways, handrails on walkways, and cart
26 paths in a graded. smooth surface, clean edged, safe and weed free
27 conditions at all times.,.
28 24. Maintain, all fencing. netting and fence lines in
29 safe, Secure and aesthetically pleasing'c:onditions at all times.
30 25. Maintain all roads. parking lots and driveways
31 within said ,premisea in clean, sa£e and weed free condition at all
32 times with..a1T paved surfaces in good repair.
C:\PCCONT
REVIS: 1.2/28/90