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GAC Minutes 1995 03/01GOLF COURSE ADVISORY COMMITTEE MEETING MINUTES MARCH 1, 1995 Members Present: Rick VanNoy Frank Brown Judy Barkley Jeff Goodman Member Absent: Ted Whiteman Advisor Present: Carl Hoss Call to Order: Rick VanNoy called the meeting to order at approx. 7:00 P.M. Minutes: The minutes of the February 1, 1995 meeting had not reached Committee Members so no action could be taken. Old Business: 1. Cart Storage Update The Contract which the City of McCall had executed with Mr. John E. Wyman had been reviewed by some members of the Committee and also by the City of McCall Attorney. It was the observation of those involved that this contract is in default and thus also void. Several scenarios were discussed as to what to do with the area now in reference to future parking, maintenance expansion and other ideas as well. Judy Barkley moved to recommend that this contract be brought back to Staff (City Manager and Attorney) to see what options could be considered. The motion was seconded by Jeff Goodman and carried unanimously. 2. Week day Greens Fee Schedule This issue had been referred back to the Committee by the City Council. They had asked that the Committee reexamine it so that supportive documentation could be provided as well as some input from the Course Professional. The Committee discussed the reconsideration as well as researched other Courses in the Area and found that the recommended Fee did not appear out of line. Carl Hoss said that there has been an increase in the number of week day players and felt that an increase in these fees would also encourage more season pass purchases. Carl said he would address the issue individually with several members of the City Council. **** The Committee unanimously agreed to resubmit their recommendation to City Council for reconsideration. 3. Discount Pass Recommendation Reconsideration The Council had also requested the Committee to reconsider the recommendation to eliminate the discount pass from the schedule. Carl Hoss said that he had only sold 80 of these passes last year and felt that due to some big administrative problems encountered with swapping of the passes and other abuses that they were not worth the trouble of printing and that they just did not pay off. The Committee unanimously agreed to resubmit their original recommendation to the City Council with supportive documentation to be enclosed with these minutes. 4. Other Discussion Rick VanNoy reported on the status of the fund raising efforts for the hydroject greens aerator. Frank Brown said that the Foundation was prepared to donate most of their remaining funds toward purchase of this equipment and may aid in soliciting further funds as well. Judy Barkley also provided a short update on the status of the Humanitarian Sports Hall of Fame Tourney. With no further business, the meeting was adjourned. Respectfully submitted, Rick VanNoy, •ce C :ir COMMERCIAL GROUND LEASE This Commercial Ground Lease ("Lease") is made May 27, 1993, by and between the City of McCall, Idaho, an Idaho municipal corporation ("Lessor"), and Certified Steel Buildings & Supply, Inc., an Idaho business corporation ("Lessee"), for and in consideration of the mutual covenants in this Lease. 1. Lessor leases to Lessee, and Lessee leases from Lessor, the real property described on Exhibit "A" to this Lease ("Property"), which is located within the City of McCall, Valley County, Idaho, and on the premises of the City of McCall Municipal Golf Course, for the express purpose of the construction of and rental to the public ("Subtenants") of storage spaces in a golf cart storage facility ("Facility"), and for other storage purposes not inconsistent with summertime golf cart storage (for one example, as wintertime storage for lawn furniture and equipment while the golf cart is elsewhere). 2. This Lease is for a term commencing at 12:01 AM on May 28, 1993, and ending at 11:59 PM, May 27, 2013. 3. For occupancy of the Property Lessee agrees to pay to Lessor, and Lessor agrees to accept from Lessee, monthly percentage rent payments of six percent (6%) of the gross receipts Lessee receives from rental of the Property or any part thereof. Payment shall be made twice each year, on July 1, and on December 30, each time with respect to ammounts received by that date and since the date as of which the last previous payment was made. 4. Unless otherwise directed by Lessor in writing, Lessee shall make all payments due Lessor, on or before the due date and during normal business hours, at 216 East Park Street, McCall, Idaho. In support of such payments Lessee shall furnish Lessor copies of all rental agreements and of any receipts issued to Subtenants. Lessor shall be entitled to audit such rent payments and Subtenant lease or rental records at any time during normal business hours. 5. Lessee has examined and agrees to accept the Property in its present condition. 6. Lessee shall construct Facility at Lessee's expense on the Property promptly, in order that it may be in use during a substantial part of the golf season of 1993, and succeeding seasons. The Facility shall have a blue roof and grey siding to match, in so far as practicable, the Golf Clubhouse. 7. The Facility is a special or conditional use under the planning and zoning laws, authorized subject to review and approval of its design and of a site plan of Property. Lessee shall not break ground or remove vegetation prior to obtaining such approval. 8. Lessee shall be solely responsible for the maintenance of the Facility and of Property, except that Lessor will be responsible for plowing snow from roads and parking areas as necessary, for so long as Lessor has the benefit of over -winter storage as provided in the next paragraph. Lessee at its expense will provide all other services, utilities, labor, and materials supplied to the Property. 9. Lessor may without charge use any part of Facility not used for over -winter storage of golf carts, for over -winter storage of Lessor's equipment. Lessee will make available to Lessor for such purposes all unenclosed, roofed storage that is part of Facility. 10. The Property will be used by Lessee solely for the Facility and for the storage of golf carts in the Facility, and for other storage purposes not inconsistent with COMMERCIAL GROUND LEASE page 1 Certified Steel Buildings & Supply, Inc. Golf Cart Storage Facility summertime golf cart storage. Lessee shall not make any storage in Facility available to a person who does not possess a McCall City Golf Course season pass and a receipt for payment of golf cart trail fees. Lessee will endeavor, within the limits of planning and zoning approvals, to accommodate all storage needs for golf carts on the golf course during the golf season. Lessee shall have the exclusive right to provide golf cart storage on the golf course or on City property adjacent to the golf course. If Lessor determines that there is an inadequate availability of storage on the golf course, Lessee shall have the right either to provide such storage by expansion of Facility with approval of the Planning & Zoning Commission, or the right to lease under the terms of this Lease additional property on the golf course for construction of additional storage facilities. 11. Lessee shall provide and pay for insurance of Facility, in the amount of replacement cost, against fire, storm, and other casualties and contingencies. Lessor shall prohibit the storage of liquid fuels, other combustibles, hazardous materials, and toxic materials within the Facility, and include such prohibition in all rental agreements and subleases with Subtenants. 12. Lessee will maintain public liability insurance against personal injury and property damage on Property or caused to persons or property off of the Property by conditions on Property, in an amount of not less than $300,000 combined single limit. 13. Lessee will comply with all ordinances, regulations, and laws affecting the Property or its use, and will not use nor permit the Property to be used for any unlawful purpose. 14. Lessee will not erect on the Property signs, poles, lights, nor advertising devices, without prior written approval of Lessor. 15. Lessee will furnish evidence of payment of withholding taxes for income tax for the United States and for the State of Idaho, social security (FICA and Medicare) taxes, unemployment insurance taxes, and any other withholding required by law, and workers' compensation, at the end of each quarter of each year during the term of this Lease. Lessee shall pay all personal property taxes on Lessee's personal property on the Property, and all sales taxes resulting from Lessee's operations on the Property. Lessee will pay real property taxes, special assessments, or other taxes with respect to Property, if any. 16. Lessee will not permit any materialman's, mechanic's, laborer's, or other lien of any nature to attach to the Property or to Facility. 17. Upon termination or expiration of this Lease or any extension thereof, all fixtures and improvements on the Property may become the property of Lessor as follows: Lessor will obtain an appraisal of the Facility and may elect either to purchase the Facility at that appraised price, or to advertise for a new lessee; such new lessee, if any, will be obligated to purchase such Facility at such price from Lessee. If neither Lessor, nor a new Lessee, purchases such Facility, then Lessee may remove the same, restoring the Property to a clean, neat and safe condition and without any unnecessary damage to other site improvements. 18. If Lessee defaults in payment of rents specified herein, or fails to commence construction timely and pursue it diligently, or fails to do any other act required by this Lease, Lessor has the option of terminating this Lease, re-entering the Property, and removing all persons and property from the Property. Lessor has the option of doing any such act at Lessee's expense, and charging such expenses to Lessee. Termination in no way relieves Lessee from responsibility for loss of rents by COMMERCIAL GROUND LEASE Certified Steel Buildings & Supply, Inc. Golf Cart Storage Facility page 2 Lessor because of termination, or any other liability under this Lease. Upon re- entering the Property, Lessor may succeed to the benefit of and take over as direct lessor some or all of Lessee's contracts with Subtenants. 19. Lessee agrees to save Lessor and hold Lessor harmless against any loss or liability for injury or damage to person or property occurring on the Property or property adjacent to Property during the term of this Lease from any cause whatsoever, including negligent acts or omissions of Lessor, its agents, or employees. 20. Lessee will not assign the Lease nor sublet to any one person all or nearly all of the Property or Facility, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Any such assignment will be void without such consent. 21. Lessee at its option upon giving Lessor written notice not less than 180 days before the end of the term of this Lease, may renew this I easP, subject to all of its terms and conditions, for an additional term of 10 years; in turn, Lessee at its option upon giving Lessor written notice not less than 180 days before the end of that extended term of this Lease, may renew this Lease, subject to all of its terms and conditions, for a second additional term of 10 years; for a total of 40 years. Upon the occasion of any such renewal and prior to its becoming effective, Lessor and Lessee shall meet to determine the rental percentage to be paid by Lessee to Lessor in the light of the then prevailing market practices and the then amortized and unamortized investment of Lessee. 23. If any legal action or proceeding related to this J rase is begun by any party to this Lease, the prevailing party shall be entitled to recover its commercially reasonable attorneys fees and witness and expert witness fees, incurred in prosecuting or defending the same. The Lessor shall be entitled to such fees, if the prevailing party, notwithstanding the fact that the City Attorney is salaried. 24. This Lease is governed by the law of Idaho, and Valley County, Idaho is the proper venue. 25. Time is of the essence with respect to the obligations of the parties under this Lease. 26. Any rights and remedies stated in this Lease are cumulative. 27. The neglect of any party to enforce its rights at any particular times or upon any particular occurrences shall not preclude resort to those rights at any other time or with respect to any other occurrences. Any waiver of any right must be done in a writing executed by the party to be charged with such waiver, and executed with no fewer or different formalities and approvals than were attendant upon execution of this Lease. 28. This Lease shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns. 29. All exhibits and other attachments, if any, to this Lease are a part of this Lease. This Lease constitutes the entire agreement between and among the parties as to the matter set out in it, and all prior negotiations and discussions, memoranda, correspondence, and communications are merged into and extinguished by this Lease; provided. however, that nothing in this Lease shall be held to merge into this Lease any subdivision or development agreement among any of the parties unless this Lease expressly identifies such subdivision or development agreement and states that this Lease supersedes such subdivision or development agreement. COMMERCIAL GROUND LEASE Certified Steel Buildings & Supply, Inc. Golf Cart Storage Facility page 3 30. The parties to this Agreement shall accept notices at the following addresses and telephone numbers: Lessee John E. Wyman Certified Steel Buildings & Supply, Inc. 305 East 36th Boise, ID 83714 DA 11.1): Attest: Arth J. Schmidt, City Clerk Lessor City of McCall Attu. City Administrator P. O. Box 1065 McCall, ID 83638 CITY OF McCALL Lessor bv: mence A. Smith Mayor Certified Steel Buildings & Supply, Inc., Lessee b S tate of Idaho ) ) ss. County of Valley ) On this 1 if'' day of June, in the year 1993, before me, -Jf3.�ss /74. f-/A-A,.o6rizsu�; notary public, personally appeared Laurence A. Smith, Jr., known or identified to me to be the Mayor of the City of McCall that executed the said instrument, and acknowledged to me that such�isy-e McCall executed the same. l.otary Public for Idaho My commission expires: %- / y y6 COMMERCIAL GROUND LEASE Certified Steel Buildings & Supply, Inc. Golf Cart Storage Facility page 4 • Cs%CERTIFIED STEEL BUILDINGS & SUPPLY , - MC. ' • Proposal Packet Cart Storage -McCall City Golf Course — - =,-*Vi*gii4.14Fgt* - "Afilt;; ' - Prom: Certified Steel Bs required. Our pre of z33.1, cArt„,,storages, prolcs_ - Private:Auld secure Units - Commativ%rea indoar»mOtli Outside coveredAis:iage 28 _ - - •111. Our proposal would be to build the outside cover _ to replace,pimilar„.storage at the oldidlub house. - . -I-that these -itegid feat; saw per year. ---::' , Of private'and secum units wo Ibendded upon demand. We could build thes"sailarTiftroups of ,ten,so when a waltiNet -, .. .. . A x renters -was accumulated anothei-timmOSIJWC built. - .-- -_--.. V-- _ anticipatejpat lyansitWor4hese units would be common indoor storage units: ...could be uilt_onTbaSes o demand`." Howevers. 0 , tune of - to build ap• roxima t of f -s orage firsit year. Questions* that we h 1-:-;cOncerning the prii e - V** 1. What ability wogWd we stave to sale our `In s at some future time. 2. Does the- city plan to,-,Nhthe im.rovements : - ar kreettr ---1f14;ue at the expiration of e-.1: = 3.- -What wOuld.-4006.the parkingprequirements for the4i4i. 4-• plan on the club house arking,fafilling those-jmedi? - , _ * 305 E. 36th • Boise, Idaho 83714 • (208) 345-4515 • 1-800-237-9240f" 7asaiete-415- - Nevada Lio._ # 4. 15 • - • . •70 , , t• W-7,, 1 Questions continued: 4. Would snow removal be required during the winter months? 5. We would propose pea gravel base for driveways inside the compound as a cost savings over pavement in order to keep rental prices as low as possible. Is this something that will be allowed? 6. In the event financing needs to be arranged for the project is,the city4willing to write ease to a 41enclevf.amatia;actj.on? e- 7. Who is responsible for pay ng taxes'oirthe6t)irtyt e anti • 4 ence >n• .4 to 4164I!!-- on of outside c 0 da s_after the exe -mad take iit; • - - - ,tproposal is subject to successful negoti 0 cCall =and approval of other appropiate- _ .41•, - Best regards, ) Dick Kyle Pres. Certified Buildings and Supply 77 Inc. . _ • • - - McCall Golf Course RECAP: 1994 SEASON PASSES ADULT SEASON PASSES: Early Bird Pre -Season Passes @ $280.00 167 Regular Season Passes @ $300.00 183 TOTAL ADULT PASSES: 350 COLLFGE SEASON PASSES: 16 @ $145.00 JUNIOR SEASON PASSES: 120 @ $ 40.00 COMP SEASON PASSES: 6 Comp Refund for 1993 Season TOTAL 1994 SEASON PASSES: 492 DISCOUNT PASS BOOKS: 80 10 Rounds @ $150.00 Carl M. Hoss PGA Professional McCall, Idaho February 28, 1995 GOLF COURSE MONIES TO THE CITY OF McCALL as of October 31, 1994 1994 vs. 1993 Gr.Fees Tourney Passes Surcharge Tr.Fees Locker Total 1994 238,468 9280 120,290 4,825 12,106 1,260 386,229 1993 217,407 0 94,295 0 11,385 880 323,967 +21,061 +9,280 +25,995 +4,825 +721 +380 +62,262 ROUNDS PLAYED: 18 Holes 9 Holes Passes Tourney Total 1994 10,335 3,401 14,213 4,070* 32,019 1993 11,513 3,239 13,910 3,698 30,360 (1,178) 162 303 372* (341) *Includes 192 rounds Club Championship reported in 1993 as Season Pass rounds. Toumey rounds are up over 1993 as day 1 of 1993 Pro -Am was rained out/cancelled. Carl M. Hoss PGA Professional McCall Golf Course Recap of Rounds Played JULY 1994 Weekday Weekend V.7_,sir 18 Holes 1,776 D'i„i? 1,319 ©Y 9 Holes 593 415 Passes 2,185 925 Tourney 890 474 Total TOTAL DULY 5,444 3,133 8,577 AUGUST 1994 18 Holes 1,927 1,005 9 Holes 765 221 Passes 2,255 643 Tourney 682 192 TOTAL AUGUST 5,629 2,061 7,690