HomeMy WebLinkAboutTayman Park Golf Group 2012-07-01; Addendum 7 2020-04-011
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ADDENDUM NO. 7 TO UKIAH MUNICIPAL GOLF COURSE LEASE
AGREEMENT
This Agreement ("Addendum No. 7") entered in Ukiah, California on September
3, 2020 ("Effective Date"), amends Addendum No. 3, effective March 13, 2018,
to the Municipal Golf Course Lease Agreement ("Lease"), dated July 1, 2012,
between the City of Ukiah ("Lessor" or "City"), a general law municipal
corporation, and Tayman Park Golf Course Group, Inc. ("Lessee" or "TPGG"), a
corporation in good standing under the laws of the State of California. Except as
amended herein the Lease, as amended by Addendum No. 3, dated March 13,
2018, Addendum No. 4, dated October 17, 2018, Addendum No. 5, dated October
2, 2019, and Amendment No. 6, dated April 1, 2020, remain in full force and
effect.
AGREEMENT:
Section 4 of Addendum No. 3 is amended to read as follows:
Section 4. Potable Water Fees Suspended.
A. Retroactive to July 1, 2017, TPGG shall receive Potable Water from the City
until the earlier of the last day of the Initial Term or the Purple Pipe Date. To avoid
any subsidy by other ratepayers for Potable Water used by TPGG, the City shall
make those payments to the WSE in accordance with Section 6 of City Council
Resolution No. 2018-08 as described in Section 4B below.
B. Until the Purple Pipe Date, TPGG will apply Potable Water to irrigate the Golf
Course in a professional manner. Retroactive to July 1, 2017, the GCE will pay up
to one hundred and eighty-five thousand ($185,000) dollars of City's annual
charges to TPGG for Potable Water. TPGG shall pay any charges in excess of one
hundred and eighty-five thousand ($185,000) dollars. TPGG's use of Potable
Water under this Subsection B is subject to any more restrictive mandatory water
use limitation regulations imposed upon or by the City.
C. Because the Uldah rainfall reported by the National Oceanic and Atmospheric
Administration, California Nevada Forecast Center for the twelve months ended
June 30, 2020 was only thirty-nine (39%) percent of normal rainfall for the period,
the GCE may on a one time basis upon direction from the City Manager, pay up to
fifty (50%) percent of City's charges to TPGG for Potable Water in excess of one
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hundred and eighty-five thousand ($185,000) dollars billed for the twelve month'
period ended June 30, 2020. Payment of any amount in excess of one hundred and
eighty-five thousand ($185,000) dollars for this period is subject to the sole
discretion and judgment of the City Manager that circumstances support the
making of such payment and as to the availability of cash generated only in the
GCE Fund and on hand.
D. Any refund by WSE to TPGG for Potable Water payments credited under 4.B
above, for payments made by TPGG after July 1, 2017, will first be applied by the
City to full payment of the forty -thousand ($40,000) dollar annual Lease payments
due the GCE for FY2018. The remaining balance, if any, will be paid to TPGG to
be used for UVGC purposes.
WHEREFORE, the Parties have entered this Addendum No. 7 on the Effective
Date.
City of Ukiah:
By:.
Sagf Sang' como, City Manager
Attest:
Kristine Lawler, City Clerk
Approved as to form:
David J. Rapport, City Attorney
TAYMAN PARK GOLF GROUP, INC.,
Lesse
By
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