HomeMy WebLinkAboutResolution - 2024-R0151 - Amendment To The Meadowbrook Golf Course Management Agreement - 04/09/2024Resolution No. 2024-RO151
Item No. 6.8.1
April 9, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF LUBBOCK:
TEAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
1'kv- orr hchalf of the City of Lubbock, an Ainc iarnent to the Meadowbrook Golf Course
\Iar<:,:_e:ncilt Agreement dated October 13, 1994, -,tid be-,% peen the City of Lubbock and
Dore �tnr Golf of Lubbock, LLC, and related docun-.cnts. Sai,'. Amendment is attached hereto
ai,�' in; oiporatcd in this resolution as if fully set forth herc:n and shall be included in the
minutes City Council.
Passed by the City Council on April 9, 2024
I'RAY PAYK,, MAYOR
A'�I,1S"1': /
Courtney Paz, City Secretary
APPROVED AS TO CONITNI':
4&uww yl
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Foster, A1ssikant City Attorney
RFS.Ammendment Meadowbrook Mgmt Agmt Fore Star
3.18.24
Resolution No. 2024-RO 151
AMENDMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, on or about October 13, 1994, the City of Lubbock (hereinafter called
"City") and Fore Star Golf of Lubbock, LLC (hereinafter called "Manager"), for good and
valuable consideration did enter into a Management Agreement to manage the golf facilities at
Meadowbrook Golf Course; and
WHEREAS, both parties for good and valuable consideration on or about May 10, 2001,
modified said Management Agreement in an Amendment with regard to certain Capital
Improvements provisions and the extension of the termination date to December 31, 2024; and
WHEREAS, the City and Fore Star Golf of Lubbock, LLC, for good and valuable
consideration desire to further amend said Management Agreement with regard to ARTICLE
THREE; CREATION OF FUNDS AND ACCOUNTS; CREDITS THERETO AND
PAYMENTS THEREFROM;
NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms
and conditions, both general and specific, as hereinafter set forth, the Management Agreement of
October 13, 1994, and all subsequent amendments thereto, are hereby amended as is hereinafter
set forth:
1) Section 3.3. Deposits to Capital Fund. of the Management Agreement shall be
amended with the following addition and shall read as follows:
Amounts on deposit within the Capital Fund as of the date of the Amendment to this
Agreement which was executed by the City and Manager in March of 2024, are the
property of the City. The full balance of amounts on deposit within the Capital Fund
shall be transferred to the City as soon as is practicable, but not later than thirty (30)
calendar days from the date the March 2024 Amendment to this Agreement is
executed. From the date of the March 2024 Amendment to the expiration of this
Agreement on December 31, 2024, the full 10% of golfing revenues shall be
forwarded to the City at the end of each month and the Capital Fund account shall be
closed.
2) The Management Agreement shall be amended to add Section 3.8 and said addition
shall read as follows:
Section 3.8. Requests for Repairs/Improvements. Following the date of the
transfer of the Capital Fund balance to City as described above in Section 3.3.
through the expiration of this Agreement on December 31, 2024, should Manager
contemplate any repairs or improvements to the Site/Golf Course, Manager shall
notify the City before performing any repairs or improvements. Following approval
of any contemplated repairs or improvements, Manager shall provide copies of
purchase orders, invoices, or receipts evidencing the funds requested for
reimbursement.
All other portions of the original Management Agreement and previous Amendments
shall remain in place and are not altered by this Amendment. In the event of a conflicting term or
provision, this Amendment shall control.
IN WITNESS HEREOF, the parties have executed this Amendment as of this 9th day of
April 2024.
CITY OF LUBBOCK: FORE STAR GOLF OF LUBBOCK, LLC:
TRAY,1"AYNV,, MAYOR
4�urSdL-
Print and Title
A ST:
Co ey Paz, C*Secre
APPROVED AS TO CONTENT:
uUl
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
laCMA,- f k�/
Rachael Foster, A sistant City Attorney
Meadowbrook-Fore Star Amendment
3-18.24