HomeMy WebLinkAboutResolution - 4634 - Management Agreement - Fore Star Golf Inc - Manage City Golf Facilities - 10_13_1994Resolution No. 4634
Item No. 40
Council Date 10 / 13 / 94
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Management Agreement and all associated
documents by and between the City of Lubbock and Fore Star Golf, Inc., to manage the City
golf facilities, attached hereto, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this
ATTEST:
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Betty M. ohnson, Citoecretary
TO CONTENT:
'L �—'14'11 ,
Mvn 'amus, Director of Culture and Leisure
APPROVED AS TO FORM:
G. Vandiver, First Assistant City Attorney
WV-.cWccdocs/A FRSTAR.res
September 28, 1994
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MANAGEMENT AGREEMENT
Dated October 7, 1994
BY AND BETWEEN
THE
CITY OF LUBBOCK, TEXAS
FORE STAR GOLF, INC.
r
CITY OF LUBBOCK
RULES, ORDER OF BUSINESS,
POLICIES AND PROCEDURES
as set forth in the
CITY OF LUBBOCK POLICIES AND PROCEDURES MANUAL
VOLUME I (City Council)
VOLUME H (Administrative)
ESTABLISHED BY RESOLUTION #1610
MARCH 8, 1984
E4b
MAYOR: David R. Lan sg ton
CITY COUNCIL.
Victor Hernandez - District 1
T.J. Patterson - District 2
Windy Sitton - District 3
Max Ince - District 4
Randy Neugebauer'- Distract 5"
Alex•"Ty" Cooke - District 6
CITY.MANAGER: Bob Cass
0 -W, t..
r
a•
CITY OF LUBBOCK
POLICIES AND PROCEDURES MANUAL
VOLUME I
Elo
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TABLE OF CONTENTS
ARTICLE ONE
DEFINITIONS AND GENERAL PROVISIONS
Page
Section 1.1.
Definitions .....................................
2
Section 1.2.
Definitions of General Terms ........................
6
Section 1.3.
Computations ...................................
6
Section 1.4.
Exhibits .......................................
6
Section 1.5.
Benefits of Agreement ............................
7
Section 1.6.
Inconsistent Provisions ............................
7
Section 1.7.
Governing Law .................................
7
Section 1.8.
Incorporation of Recitals of the Parties ................
7
Section 1.9.
Notices -Waiver .................................
7
Section 1.10.
Construction of Terms ............................
8
Section 1.11.
Public Meeting .................................
8
Section 1.12.
Effective Date ..................................
8
Section 1.13.
Term of Agreement ..............................
9
Section 1.14.
Waivers and Amendments .........................
9
Section 1.15.
Successors and Assigns ...........................
9
Section 1.16.
Counterparts ...................................
9
Section 1.17.
Table of Contents; Article Titles; Captions .............
9
Section 1.18.
Entire Agreement ...............................
10
Section 1.19.
Partial Invalidity .................................
10
Section 1.20.
Further Assurances ..............................
10
ARTICLE TWO
CAPITAL IMPROVEMENTS
Section 2.1. Alterations and Additions ......................... 11
Section 2.2. Capital Improvements - Phase I ..................... 11
Section 2.3. Capital Improvements - Phase H .................... 11
ARTICLE THREE
CREATION OF FUNDS AND ACCOUNTS;
CREDITS THERETO AND PAYMENTS THEREFROM
Section 3.1.
Creation of Funds and Accounts .....................
12
Section 3.2.
Deposits to Golf Course Fund ......................
12
Section 3.3.
Deposits to Capital Fund ..........................
12
Section 3.4.
Payments from Golf Course Fund ...................
12
Section 3.5.
Payments from Capital Fund ........................
14
Section 3.6.
Agreement is Special and Limited Obligation of City......
15
Section 3.7.
Not a Debt of the City ............................
15
ARTICLE FOUR
SALE OF EQUIPMENT; USE OF INVENTORY;
OTHER MISCELLANEOUS PROPERTY MATTERS
Section 4.1. Agreement to Sell and Buy Equipment ............... 16
Section 4.2. No Warranties .................................. 16
Section 4.3. Manager's Examination of Equipment ................. 16
Section 4.4. Use of Inventory and Supplies ...................... 16
Section 4.5. Accounts Receivable ............................. 16
Section 4.6. Irrigation Water ................................. 17
Section 4.7. Environmental Assessment ......................... 17
ARTICLE FIVE
MANAGEMENT AGREEMENT
Section 5.1.
Retention of Services .............................
18
Section 5.2.
Manager's Authority ..............................
18
Section 5.3.
Control Retained in the City ........................
18
Section 5.4.
Relationship of the Parties .........................
19
Section 5.5.
Management and Operation of the Golf Courses.........
19
Section 5.6.
Administrator ..................................
21
Section 5.7.
Inside Consultants ...............................
21
Section 5.8.
Outside Consultants .............................
21
Section 5.9.
Recommendations Concerning Operations ............
21
Section 5.10.
Legal Compliance ...............................
21
Section 5.11.
Insurance ......................................
21
Section 5.12.
Rate and Fee Schedule ............................
22
Section 5.13.
Preparation and Adoption of and Annual Budget........
22
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Section 5.14. Accounting Records ............................. 23
Section 5.15. Indemnification .................................. 23
Section 5.16. Fidelity Bond ................................... 24
ARTICLE SIX
DEFAULTS AND REMEDIES
ISection
6.1.
Events of Default ...............................
25
Section 6.2.
Remedies ......................................
26
Section 6.3.
Section 6.4.
Waiver of Stay or Extension Laws ...................
Undertaking for Costs ............................
27
27
Section 6.5.
Termination of Proceedings ........................
27
ARTICLE SEVEN
PURCHASE OPTION
Section 7.1. Conditional Agreement of Purchase and Sale........... 29
Section 7.2. Preservation of Status of Property ................... 29
ARTICLE EIGHT
TERMINATION OF AGREEMENT
Section 8.1. Termination at Conclusion of Term and Upon Exercise of
Remedies ......................................
31
Section 8.2.
Damage by Casualty ..............................
31
Section 8.3.
Eminent Domain ................................
31
Section 8.4.
Frustration of Purpose ............................
31
Section 8.5.
Surrender of Premises ............................
32
Section 8.6.
Payment upon Early Termination ....................
32
Section 8.7.
Equipment and Inventory Payment ..................
32
Section 8.8.
Irrevocable Letter of Credit ........................
32
Section 8.9.
Advertising ....................................
33
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, I MANAGEMENT AGREEMENT
This Management Agreement (the "Agreement") is made and entered into as of
the 14th day of October, 1994 by and between the City of Lubbock, Texas (the "City"), a
home -rule city of the State of Texas duly organized and existing pursuant to its charter
and the laws of the State of Texas, and Fore Star Golf, Inc. (the "Manager"), a
corporation organized under the laws of the State of Nevada and qualified to do business
in the State of Texas; for the following purposes and considerations, to -wit:
RECITALS OF THE PARTIES
WHEREAS, the City is the owner and current operator of certain public golf
courses commonly known as the "Meadowbrook Golf Course" and "Squirrel Hollow Golf
Course"; and
WHEREAS, it is the desire of the City to provide to the residents of the City good
quality public golf courses and to recover from the operation of the golf courses the costs
incurred in developing those facilities and a reasonable return on the City's investment; and
WHEREAS, the City has determined that the most effective way to accomplish its
goals with regard to the golf courses is to contract with a private operator for the
management of the golf courses; and
WHEREAS, in order to locate a manager which will improve, operate and
maintain the golf courses in a manner consistent with the City's goals, the City has
solicited written proposals for the management of the golf courses; and
WHEREAS, the Manager has submitted a proposal for improvement, operation
and maintenance of the golf courses (the "Proposal") and the City has selected the
Manager as the best responsible proposer; and
WHEREAS, the City and the Manager desire to enter into this Agreement for the
purpose of evidencing their respective agreements and intentions concerning the
management of the golf courses:
NOW, THEREFORE, in consideration of the premises and the mutual covenants
and agreements herein set forth, the parties hereto agree as follows:
IARTICLE ONE
DEFINITIONS AND GENERAL PROVISIONS
Section 1.1. Definitions. In this Agreement the following terms have the
following respective meanings unless the context hereof clearly requires otherwise:
"Account" means any of the accounts referred to herein or created or affirmed by
an Ordinance.
"Act" means Tex. Rev. Civ. Stat. Ann. art 1269j-4.1 (Vernon Supp. 1994) as now
in effect or as hereafter amended.
"Agreement" means this Management Agreement as originally executed or as
amended from time to time by the parties.
"Budget" means the annual budget for the operation and maintenance of the Golf
Courses.
"Business Day" means any day other than (1) a Saturday or a Sunday, (2) a legal
holiday or the equivalent on which banking institutions generally are authorized or
requested to close in the City, or (3) a day on which the New York Stock Exchange is
closed.
"City" means the City of Lubbock, Texas.
"Counsel" means an attorney or attorneys selected by the Person such Counsel
represents and qualified to perform the services required of such Counsel under this
Agreement.
"Effective Date" means the date specified in Section 1.12.
"Equipment" means the personal property sold by the City to the Manager
pursuant to this Agreement. A list of the Equipment is attached hereto as Exhibit A and
incorporated herein by this reference for all purposes.
"Event of Default" means the occurrence of any event specified as an Event of
Default in Section 6.1.
"Fiscal Year" means the twelve-month accounting period of the Person with
respect to which such term is used.
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"Fund" means any of the funds referred to in this Agreement or created or affirmed
by an Ordinance.
"Golf Courses" means the public golf courses and all buildings and other structures
thereon or relating thereto of the City owned pursuant to authority granted in the Act,
located on the Site, and commonly known as the "Meadowbrook Golf Course" and the
"Squirrel Hollow Golf Course".
"Golfing Revenues" means all receipts, revenues, and moneys generated from
green fees, driving range fees and golf cart rental fees during the term of this Agreement;
provided, however, the following shall be excluded from "Golfing Revenues":
(a) Sales taxes, gross receipts taxes and other similar taxes imposed upon the
sale of the applicable services and paid by the Manager to the appropriate taxing
authority, whether added to or included in the selling price of the service; and
(b) Discounts attributable to play by persons exercising their right to play a
limited number of rounds without full payment of green fees.
"Management Period Year" means a period of time calculated as follows: the first
"Management Period Year" of the term of this Agreement shall be the period beginning on
the Effective Date and continuing to and including December 31, 1995. Beginning with
the second Management Period Year and continuing throughout the term of this
Agreement, each "Management Period Year" shall be the period of twelve (12) successive
calendar months, beginning on January 1 of such year.
"Manager" means Fore Star Golf, Inc..
"Ordinance" means the written document or documents in the form finally
approved and adopted by the City Council of the City.
"Person" means any individual, corporation, partnership, joint venture, association,
joint-stock company, trust, unincorporated organization, or government or any agency or
political subdivision thereof.
"Phase I - Capital Improvements" means the following projects to be completed by
the Manager and which are, by the approval of this Agreement by the City, approved by
the City:
(a) Improvements to the manual irrigation system to allow the golf course
superintendent to water effectively, efficiently and with considerably less water
than the current system in order to improve playing conditions.
(b) Evaluate all greens on the Meadowbrook Golf Course and, in the sole
discretion of the Manager, select and professionally design and construct new
greens to replace those greens which cannot be repaired and/or improved. The
preliminary estimate is that at least six greens need to be rebuilt.
(c) Renovation of the Practice Green.
(d) Seal and re -stripe the parking lot to prolong the life expectancy of the
parking lot and provide an organized parking arrangement for the customers as
well as enhance the esthetics of the facility. Establish a bag drop area for customer
convenience.
(e) Remodel the Clubhouse to brighten the interior, enlarge the pro shop and
create windows to open the views from the pro shop to the tee box, cart staging
area, practice putting green, bag drop and parking lot.
' (f) Create a quality driving range and practice area.
(g) Trim trees and clean creek banks.
(h) Upgrade and replace the current cart fleet.
' (i) Supplement the current golf course equipment in order to improve the day
to day maintenance of the facility while reducing the cost of maintaining obsolete
equipment.
' 0) Bridge and Cart Path improvements as needed to provide improved
esthetics and also improved safety for the customers.
The following projects also are approved capital improvements but are included within the
group of "Other Considerations for Phase I - Capital Improvements. "Other
Considerations for Phase I - Capital Improvements", may, at Manager's option be
completed as part of Phase I - Capital Improvements pursuant to the terms of Section 2.2
of this Agreement. To the extent "Other Considerations for Phase I - Capital
Improvements" are not so completed as part of Phase 1, "Other Considerations for Phase I
- Capital Improvements" shall be deemed to be "Phase II - Capital Improvements" and
may be completed in accordance with the terms of Section 2.3 of this Agreement:
(z) Acid Injection System for the irrigation system.
(y) Enlargement and landscaping of the maintenance facility to improve the
esthetics and first impression of the facility.
(x) Renovate and establish turf on problem fairways especially fairways #11
and # 12 on the Squirrel Hollow Golf Course.
(w) Improve Golf Course Drainage.
(v) Re -tube the remaining nine -hole irrigation from primary pump.
(u) Additional Golf Course Equipment and Golf Carts.
(t) Additional Food and Beverage Equipment.
"Phase H - Capital Improvements" means the following projects that may be
completed by the Manager as funds are made available through the capital improvement
program and which are, by the approval of this Agreement by the City, approved by the
City:
(m) Design and construct greens as needed to improve and maintain a quality
Championship facility.
(n) Enlarge and rebuild tee boxes as needed.
(o) Tree planting program to create shade and protection for the golfers.
(p) Irrigation system improvements to ensure the patrons a quality facility.
(q) Enlarge practice facilities to keep up with demand and help promote
additional play.
"Prepaid Fees" means amounts received by the City prior to the Effective Date for
goods or services acquired or performed on or after the Effective Date that, if received on
or after the Effective Date, would be Golfing Revenues.
"Primary Goal" has the meaning given in Section 5.1.
"Purchase Price" means $75,000, less the amount of any Prepaid Fees, being the
total amount to be paid to the City by the Manager on the Effective Date for the
acquisition of the Equipment, which amount represents the Fair Market Value of such
equipment.
"Site" means all of the land situated in the City of Lubbock, the County of
Lubbock, and the State of Texas, described on Exhibit B attached hereto and incorporated
herein by this reference for all purposes.
"Term" has the meaning given in Section 1.13.
"Written Policies and Procedures" means written directions, orders, or guidelines
recommended by the Manager for the proper operation of the Golf Courses and approved
by City in accordance with the procedure for approval of the budget as set forth in Section
5.13 of this Agreement. Exhibit C sets forth the Written Policies and Procedures on the
Effective Date.
Section 1.2. Definitions of General Terms. Unless the context shall clearly
indicate otherwise, or may otherwise require, in this Agreement the terms "herein",
"hereunder", "hereby", "hereto", "hereof' and any similar terms refer to this Agreement as
a whole and not to any particular article, section or subdivision hereof.
Unless the context shall clearly indicate otherwise, or may otherwise require, in
this Agreement: (i) references to articles, sections and other subdivisions, whether by
number or letter or otherwise, are to the respective or corresponding articles, sections or
subdivisions of this Agreement as such articles, sections or subdivisions may be amended
from time to time; (ii) references to articles, chapters, subchapters and sections of any
public law or other statute of the United States or any section thereof, are to the
respective or corresponding articles, chapters, subchapters, sections and statutes as they
may be amended from time to time; (iii) the word "heretofore" means before the date of
execution of this Agreement, the word "now" means at the date of execution of this
Agreement, and the word "hereafter" means after the date of execution of this Agreement.
Section 1.3. Computations. In making computations required by this
Agreement, the person making the computation is not required to confirm account
balances and/or amounts of deposits or withdrawals. Rather, the person making the
computation may assume that deposits and withdrawals (and the resulting account
balances) have been made in conformance with this Agreement.
Section 1.4. Exhibits. Attached to and by reference made a part of this
Agreement are the following exhibits:
Exhibit A: List of the Equipment
Exhibit B: Metes and Bounds Description of the Site
Exhibit C: Operational Standards for Manager
(a)
Marketing Plan
(b)
Plan of Operation
(c)
Management Plan
(d)
Maintenance Standards
Exhibit D: Chart of Accounts
Exhibit E: Phase I Environmental Survey
Section 1.5. Benefits of Agreement. Nothing in this Agreement, expressed or
implied, is intended or shall be construed to confer upon any person other than the City
and the Manager and approved assignees of the Manager any right, remedy, or claim, legal
or equitable, under or by reason of this Agreement or any provision hereof, this
Agreement and all its provisions being intended to be and being for the sole and exclusive
benefit of the City and the Manager and approved assignees of the Manager.
Section 1.6. Inconsistent Provisions. All City rules or regulations, or parts
thereof, which are in direct conflict or inconsistent with any provision of this Agreement
are hereby repealed to the extent of such conflict and the provisions of this Agreement
shall be and remain controlling as to the matters contained herein.
Section 1.7. Governing Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of Texas and the United States of America.
Section 1.8. Incorporation of Recitals of the Parties. The recitals of the parties
contained in the preamble hereof are hereby incorporated by reference and made a part of
this Agreement for all purposes as if the same were restated in full in this Section.
Section 1.9. Notices -Waiver. Wherever this Agreement provides for notice of
any event, such notice shall be sufficiently given (unless otherwise herein expressly
provided) if in writing and either telecopied to the number or sent by United States Mail,
first class postage prepaid, to the address of the party to receive such notice specified
below at the close of business on the Business Day next preceding the telecopying or
mailing of such notice.
If to the City at:
City of Lubbock, Texas
Municipal Building
1625 13th Street
Lubbock, Texas 79401
Attention: Director of Culture/Leisure
and Recreation
ITelecopy number - (806) 762-5803
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If to the Manager at:
Fore Star Golf, Inc.
9441 LBJ Freeway, Suite 300
Dallas, Texas 75243
Attention: Gary G. Miller
Telecopy number - (214) 437-7668
Where this Agreement provides for notice in any manner, such notice may be
waived in writing by the party entitled to receive such notice, either before or after the
event with respect to which such notice is given, and such waiver shall be the equivalent of
such notice.
Section 1.10. Construction of Terms. If appropriate in the context of this
Agreement, words of the singular number shall be considered to include the plural, words
of the plural number shall be considered to include the singular, and words of the
masculine, feminine or neuter gender shall be considered to include the other genders.
The parties acknowledge that the parties and their counsel have reviewed and revised this
Agreement and that the normal rule of construction to the effect that any ambiguities are
to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or any exhibits or amendments hereto.
Section 1.11. Public Meeting. It is officially found, determined, and declared by
the City that the meeting at which this Agreement is approved by the City was open to the
public and public notice of the time, place, and subject matter of the public business to be
considered at such meeting, including this Agreement, was given, all as required by
Chapter 551 of the Texas Government Code, as amended.
Section 1.12. Effective Date. This Agreement shall take effect and be in full force
upon satisfaction of all closing conditions and the execution and delivery by the parties
hereto. The closing conditions are:
(a) discharge or defeasance of all outstanding tax-exempt obligations of
the City issued for golf course purposes;
(b) payment of the Purchase Price in immediately available funds; and
(c) notice to the City by the Manager of satisfactory completion by the
Manager of due diligence investigation and analysis of the Golf
Courses, including review of the environmental survey.
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Section 1.13. Term of Agreement. (a) Initial Term: The initial term of this
Agreement (the "Initial Term") shall be for the period beginning on the Effective Date and
terminating on December 31, 2014, unless renewed or sooner terminated as provided
herein.
(b) First Renewal Term: At the end of the Initial Term, this Agreement shall
automatically renew for an additional five (5) year term (the "First Renewal Term") on the
same terms and conditions as set out in this Agreement; provided, however, either the
Manager or the City may terminate this Agreement at the end of the Initial Term by
providing written notice of termination to the other party at least six (6) months prior to
the end of the Initial Term. In such case, this Agreement shall terminate at the end of the
Initial Term.
(c) Second Renewal Term: At the end of the First Renewal Term, this Agreement
shall automatically renew for an additional five (5) year term (the "Second Renewal
Term") on the same terms and conditions as set out in this Agreement; provided, however,
either the City or the Manager may terminate this Agreement at the end of the First
Renewal Term by providing written notice of termination to the other party at least six (6)
months prior to the end of the First Renewal Term. In such case, this Agreement shall
terminate at the end of the First Renewal Term.
Section 1.14. Waivers and Amendments. Any provision of this Agreement may
be waived if, but only if, such waiver is in writing and signed by the City and the Manager.
Any provision of this Agreement may be amended if, but only if, such amendment is in
writing and is signed by the City and the Manager.
Section 1.15. Successors and Assigns. The provisions of this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective permitted
successors and assigns. The Manager agrees that it will not assign this Agreement or take
or permit the taking of any action which would result in a successor to the Manager
without the prior written consent of the City, which consent will not be unreasonably
' withheld.
' Section 1.16. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
Section 1.17. Table of Contents, Article Titles; Captions. The Table of Contents,
Article Titles, and Section Captions in this Agreement are inserted for convenience of
reference only and in no way define, describe, limit, or expand the scope or intent of this
Agreement or any of the provisions hereof.
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Section 1.18. Entire Agreement. This Agreement contains the entire agreement
between the parties relating to the transactions contemplated hereby on its Effective Date.
All prior or contemporaneous agreements, understandings, representations or statements,
oral or written, including but not limited to the Proposal, are superseded hereby.
Section 1.19. Partial Invalidity. Any provision of this Agreement which is
unenforceable or invalid or the inclusion of which would affect the validity, legality, or
enforcement of this Agreement shall be of no effect, but all the remaining provisions of
this Agreement shall remain in full force and effect.
Section 1.20. Further Assurances. Both the City and the Manager agree that it
will without further consideration execute and deliver such other documents and take such
other action as may be reasonably requested by the other party to consummate more
effectively the transactions contemplated hereby.
[END OF ARTICLE ONE]
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ARTICLE TWO
CAPITAL IMPROVEMENTS
Section 2.1. Alterations and Additions. With the prior written consent of the
City (which consent shall not be unreasonably withheld), at any time during the term of
this Agreement, the Manager, at the Manager's expense (including Phase If - Capital
Improvements paid from the Capital Fund), may make such alterations and additions in or
to the Golf Courses as the Manager deems necessary for operation of the Golf Courses,
including such alterations and additions as may be required in order to comply with the
Americans With Disabilities Act.
Section 2.2. Capital Improvements - Phase I. The Manager shall (a) plan,
engineer, design, construct, and install on the Golf Courses the capital improvement
projects which are identified as "Phase I - Capital Improvements" and (b) on an optional
basis, in the sole discretion of the Manager, plan, engineer, design, construct, and install
projects which are identified as "Other Considerations for Phase I - Capital
Improvements." Phase I - Capital Improvements are estimated to take 12 - 18 months to
complete and the Manager will expend up to $1,000,000 for the completion of such Phase
I - Capital Improvements. The City will not expend City moneys on Phase I - Capital
Improvements. Phase I - Capital Improvements shall be, and remain, property of the City
upon completion. To the extent that "Other Considerations for Phase I - Capital
Improvements" are not completed as part of Phase I in accordance with the terms of this
Section 2.2, "Other Considerations for Phase I - Capital Improvements" shall be deemed
to be "Phase II - Capital Improvements" and may be completed in accordance with the
terms of Section 2.3 below.
Section 2.3. Capital Improvements - Phase H. The Manager is permitted, but is
not obligated to plan, engineer, design, construct, and install on the Golf Courses the
capital improvement projects which are identified as "Phase II - Capital Improvements."
Such capital improvements shall be funded by money in the Capital Fund. Phase II -
Capital Improvements shall be, and remain, property of the City upon completion.
[END OF ARTICLE TWO]
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ARTICLE THREE
CREATION OF FUNDS AND ACCOUNTS;
CREDITS THERETO AND PAYMENTS THEREFROM
Section 3.1. Creation of Funds and Accounts. The City agrees to create and
establish a "Golf Course Fund" and such other funds and accounts as the City, in its sole
discretion, shall deem advisable. The Golf Course Fund shall be a City fund. Within the
Golf Course Fund, the City shall create a deposit account and a general account. The
Manager shall create a Capital Fund which shall be a fund of the Manager. Attached
hereto as Exhibit "D" and made a part of this Agreement is a graphic which sets forth the
accounts above described for purposes of identification and clarity.
Section 3.2. Deposits to Golf Course Fund. On each Business Day an amount
equal to all Golfing Revenues shall be deposited, on the day received by either the City or
the Manager, on a daily basis, in the Deposit Account of the Golf Course Fund. At the
opening and the closing of each Business Day, the balance in the Deposit Account of the
Golf Course Fund will be $0.00.
Section 3.3. Deposits to Capital Fund. Subject to the limitation that the Capital
Fund shall never contain an amount greater than one million dollars ($1,000,000) and the
further limitation that in any calendar year not more than one million dollars ($1,000,000)
shall be deposited in the Capital Fund commencing in Management Period Year 4 and for
each Management Period Year thereafter, an amount equal to fifty percent of the amount
remaining in the Deposit Account after making the Percentage Payment described in
Section 3.4 shall, on each day on which Golfing Revenues are withdrawn from the Golf
Course Fund and used to make the Percentage Payment described in Section 3.4, be
withdrawn by the City from the Deposit Account of the Golf Course Fund and deposited
by the City to the Capital Fund. Amounts on deposit in the Capital Fund are the property
of the Manager. Investment earnings on the Capital Fund shall be retained therein. On
each date on which the limitations with respect to deposit of Golfing Revenues is effective
so that no deposit to the Capital Fund is to be made, the amount that would have been
deposited to the Capital Fund but for the foregoing limitations shall be retained by the City
in the General Account of the Golf Course Fund as the City's property.
Section 3.4. Pa=ents from Golf Course Fund.
(a) From amounts on deposit in the Deposit Account of the Golf Course Fund
deposited thereto as provided in Section 3.2 of this Agreement, and not otherwise, the
City agrees to pay to the Manager during the Term of this Agreement, subject to the
reductions provided for in subsection (e) below, as follows:
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Management Period Years 1 through 3: All Golfing Revenues deposited to
the Golf Course Fund shall be paid to the Manager for Management Period
Years 1 through 3, inclusive.
Percentage Payment: Beginning with the fourth Management Period Year
in the Term, and continuing for each Management Period Year thereafter,
the City will pay to the Manager, the Percentage Payment ("Percentage
Payment") computed as a percentage of the Golfing Revenues for such
Management Period Year. The Percentage Payment payable for any given
Management Period Year will be computed as follows:
(1) Ninety percent (90%) of the initial One Million Five
Hundred Thousand Dollars ($1,500,000) in Golfing Revenues in a
Management Period Year, plus
(2) Eighty-five percent (85%) of Golfing Revenues in excess of
$1,500,000, up to and including $2,500,000 in a Management Period Year;
plus
(3) Eighty percent (80%) of any Golfing Revenues in excess of
$2,500,000 in a Management Period Year.
(b) On each Business Day during the term of this Agreement and on which an
Event of Default has not occurred and is not continuing, Golfing Revenues, or the
applicable Percentage Payment, shall be withdrawn by the City from the Deposit Account
of the Golf Course Fund and used to make the payments to the Manager described above
and to make the deposits to the Capital Fund as set forth in Section 3.3 on the day of
deposit in such Fund. All money remaining in the Deposit Account of the Golf Course
Fund following the required deposit to the Capital Fund and the required payment to the
Manager shall be transferred by the City to the General Account of the Golf Course Fund.
On the date of any Event of Default by the Manager and during the continuance thereof all
money in the Deposit Account of the Golf Course Fund shall be transferred by the City to
the General Account of the Golf Course Fund.
(c) The City may withdraw all or a portion of the amounts on deposit in the
General Account of the Golf Course Fund at any time in its sole discretion.
(d) The Manager shall only use the money deposited in the Capital Fund upon
such capital projects as are included in the Manager's annual budget or any City approved
amendments thereto submitted to and approved by the City each year.
(e) The term "Good Year" means each Management Period Year which is one
' of the first three Management Period Years and during which Golfing Revenues exceed
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$1,800,000. Depending on the amount of Golfing Revenues, any or all of the first three
Management Period Years may be a Good Year. During each Management Period Year
which follows a Good Year (a "Catch Up Year"), the amount the City pays to the
Manager shall be reduced by the "Catch Up Amount." Any or all of Management Period
Years 2, 3, or 4 may be Catch Up Years. The "Catch Up Amount" is the difference
between Golfing Revenues during the applicable Good Year and the amount that would
have been paid to the Manager during such Good Year if the City had paid the Manager
the Percentage Payment.
Prior to the end of the first calendar month of a Catch Up Year, the Manager shall
notify the City of the Catch Up Amount. The notice of the Catch Up Amount from the
Manager must include a schedule, prepared by the Manager, setting forth the percentage
amount by which each payment by the City to the Manager shall be reduced during the
Catch Up Year until the amount of such reductions equals the full Catch Up Amount. The
Manager shall use its best efforts to spread the amount of such reductions, as nearly as
practical, throughout the Catch Up Year with a view towards insuring that the full Catch
Up Amount is paid by the last Business Day of the Catch Up Year. In the event,
determined in the sole discretion of the City, the Manager fails to meet any of its
obligations set forth in this paragraph, the City shall prepare the schedule by which
payments to the Manager shall be reduced. Any such schedule prepared by the City shall
spread the amount of such reductions in the same manner as is required for any such
schedule prepared by the Manager. The Manager shall be notified of any such
determination by the City and shall be bound by the City's determination and schedule.
Section 3.5. Payments from Capital Fund. Following completion to City's
satisfaction of Phase I - Capital Improvements (other than Phase I - Other Considerations)
the amounts in the Capital Fund shall be available continuously during the term of this
Agreement for such capital and other improvements to the Site and the Golf Courses that
the Manager, in its sole discretion, deems advisable but which are not specifically required
to be provided by either party to this Agreement. The Manager will be permitted to
withdraw funds from the Capital Fund from time to time for improvements to the Golf
Courses; provided, however, prior to or contemporaneously with the withdrawal of funds,
the Manager shall provide to the City a list of items that the Manager will pay from the
Capital Fund. Said list shall describe in reasonable detail the elements and costs of the
expenditures. In addition, upon request, the Manager shall provide to the City copies of
purchase orders, invoices or receipts (in the case of reimbursements to be made to the
Manager for amounts paid by it) evidencing the use of funds from the Capital Fund. If the
Capital Fund has a balance of $0.00 or the amount of the expenditure exceeds the amount
of funds in the Capital Fund, the Manager in its discretion may advance funds for the
expenditures and be reimbursed when the Capital Fund contains sufficient funds. Upon
the occurrence of an Event of Default, the City shall withdraw all amounts from the
Capital Fund and retain such amounts as the property of the City. Any money remaining
in the Capital Fund upon the termination of this Agreement shall be withdrawn from the
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Capital Fund and shall become the property of the City to be used by the City in its sole
discretion for any purpose whatsoever.
Section 3.6. Agreement is Special and Limited Obligation of City.
Notwithstanding anything in any provision of this Agreement to the contrary, this
Agreement and all obligations of the City pursuant to or arising out of this Agreement are
special and limited obligations of the City payable solely, and only to the extent of, Golfing
Revenues. This Agreement and all obligations of the City pursuant to or arising out of this
Agreement are not, and shall not become, general obligations of the City and neither the
Manager, nor any person claiming under or through the Manager, shall have the right to
demand payment of any obligation of the City pursuant to or arising out of this Agreement
from any taxes levied, assessed, or collected by the City.
Section 3.7. Not a Debt of the Citv. This Agreement does not constitute and
shall not be construed as being a "debt" of the City within the meaning of any
constitutional or statutory provision, and all obligations of the City are payable as
provided by Section 3.6 above or from current revenues lawfully available to the City.
[END OF ARTICLE THREE]
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ARTICLE FOUR
SALE OF EQUIPMENT; USE OF INVENTORY;
OTHER MISCELLANEOUS PROPERTY MATTERS
Section 4.1. Agreement to Sell and BuyEquipment. In consideration of their
covenants set forth in this Agreement, the City agrees to sell to the Manager, and the
Manager agrees to buy from the City, the Equipment for the Purchase Price. At the time
of payment by the Manager to the City of the Purchase Price the City will execute a Bill of
Sale in form and substance satisfactory to the Manager conveying the Equipment to the
Manager.
Section 4.2. No Warranties. The City makes no express warranties to the
Manager regarding the Equipment, the condition of the Equipment, its fitness for a
particular purpose, or its merchantability. The sale of the Equipment by the City is "as is"
and "with all faults." All implied warranties are excluded.
Without limiting the foregoing exclusions in this Section 4.2, the CITY
DISCLAIMS AND EXCLUDES THE IMPLIED WARRANTY OF
MERCHANTABILITY AND ANY IMPLIED WARRANTY OF
FITNESS.
The Equipment is used property.
Section 4.3. Manager's Examination of Equipment. The Manager represents to
the City that before entering into this Agreement (or any other agreement to buy the
Equipment) the Manager examined the Equipment as fully as the Manager desired or has
refused to examine the Equipment.
Section 4.4. Use of Inventory and Supplies. All operating inventory and
supplies (excluding expressly inventory of the Pro Shop held for sale to third parties other
than the City or the Manager) located on or used in conjunction with the Golf Courses as
of the Effective Date shall be and remain the sole property of the City, but the City hereby
grants the Manager the unconditional right to use such operating inventory and supplies at
the Golf Courses, for the benefit of the City's Golf Courses, as the Manager.
Section 4.5. Accounts Receivable. (a) The City shall be solely responsible for
collection of all accounts receivable that arise with regard to the Golf Courses prior to the
Effective Date ("the City's Accounts Receivable"), and the City shall have the right to
retain any amounts received with regard to the City's Accounts Receivable. The Manager
shall pay over to the City any amount received by the Manager after the Effective Date
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which relate to the City's Accounts Receivable. Amounts received with regard to the
City's Accounts Receivables do not constitute Golfing Revenues for purposes of this
Agreement.
(b) The Manager shall be solely responsible for collection of all accounts
receivable which arise with regard to the Golf Courses on or after the Effective Date but
prior to the expiration or other termination of this Agreement ("Manager's Accounts
Receivable"). Amounts received with regard to the Manager's Accounts Receivable
constitute Golfing Revenues for purposes of this Agreement and shall be deposited as
provided in Section 3.2 of this Agreement. Upon expiration or other termination of this
Agreement, the City shall maintain its own financial books and records with regard to the
Golf Courses and shall pay to the Manager (to the extent, and only if, the Receivable is
Golfing Revenues) the Percentage Payment of any amount received by the City after the
date of expiration or other termination which relate to the Manager's Accounts
Receivable. If the Golf Courses are purchased by a third party, the City shall use its best
efforts to incorporate into the terms of the third party purchase the right of the Manager to
be paid based on the Manager's Accounts Receivable.
Section 4.6. Irrigation Water. The City shall provide to the Site and Golf
Courses at no charge to the Manager and without limitation, up to 680 million gallons per
calendar year (pro -rated for the actual number of days during the Term in the year 1994)
of irrigation water for use by the Manager in caring for the City's Site and Golf Courses.
The amount of irrigation water provided by the City will be determined by the Manager.
The Manager, at its cost, shall be responsible for distributing such irrigation water
throughout the Site and Golf Courses.
Section 4.7. Environmental Assessment. The City, at its sole cost, shall arrange
for a phase I environmental survey (with a written report to Manager) and shall correct
any violations of the law reported in said survey at the City's sole cost within sixty (60)
days after the Effective Date. See Exhibit E attached hereto.
[END OF ARTICLE FOUR]
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ARTICLE FIVE
MANAGEMENT AGREEMENT
Section 5.1. Retention of Services. The primary goal of this Article is to secure
for the City the expertise and services necessary to operate the Golf Courses at a level
consistent with the community in which the Golf Courses are located and with economic
efficiency consistent with such level (the "Primary Goal"). The City hereby retains the
Manager to supervise, operate and manage the Golf Courses in the name, for the account,
and on behalf of the City, pursuant and subject to the terms and conditions set forth in this
Article, and the Manager hereby accepts such retention and agrees to render such services
as are hereinafter set forth. The compensation to be paid to the Manager for its services
as Manager under this Agreement shall be paid solely from the source and only to the
extent provided in Section 3.4.
Section 5.2. Manager's Authority. Subject to the City's authority set forth in
Section 5.3 of this Article, the Manager shall have the full responsibility to supervise,
operate and manage the day-to-day operations of the Golf Courses in accordance with the
Budget and Written Policies and Procedures of the Golf Courses as established from time
to time in accordance with this Agreement and to perform the specific functions set out in
this Article without the prior consultation or approval of the City, except, that prior
specific authorization of the City Council must be obtained for any action by the Manager
on the following:
(a) Commitment of the City for capital expenditures not included in the Budget of
the Golf Courses;
(b) Execution of or otherwise binding of the City to any contract or lease; and
(c) Disposition of any asset of the City.
Section 5.3. Control Retained in the City. The governing body of the City shall
retain all authority placed in it by law which is non -delegable and shall retain such other
authority as shall not have been specifically delegated by it to the Manager pursuant to the
terms of this Article or otherwise. No provision of this Article or this Agreement is
intended to delegate, or shall be construed as delegating, any non -delegable right or power
of the City. To the extent of any conflict or inconsistency between the provisions of any
other Section of this Agreement and this Section 5.3., the provisions of this Section 5.3
shall control and the provisions in conflict with or inconsistent with this Section 5.3 shall
be of no force or effect.
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Section 5.4. Relationship of the Parties. The Manager's appointment and
actions hereunder are in the status of an independent contractor to the City. In
furtherance thereof, the City and the Manager acknowledge and agree that one is neither
the employee, employer, principal, nor agent of the other. Nothing contained in this
Agreement shall constitute or be construed to be or to create a partnership or joint venture
between the City and the Manager with respect to the Golf Courses or any equity or
property interest in the Site or the Golf Courses on the part of the Manager. The Manager
shall have the right to render similar services for other Persons, whether or not engaged in
the same business, and may enter into such other business activities as the Manager, in its
sole discretion, may determine, including, but not limited to, other transactions with the
City that are beyond the scope of this Agreement. However, notwithstanding anything to
the contrary herein, the Manager shall not operate other golf facilities in Lubbock County.
Section 5.5. Management and Operation of the Golf Courses. Consistent with
all materially applicable federal, state and local laws, the Manager shall perform those
functions reasonably required to manage the operations of the Golf Courses in accordance
with accepted management techniques and the reasonable exercise of its judgment.
Without limiting the generality of the foregoing the Manager shall be responsible for the
performance of the following duties during the Term of this Agreement:
(a) the Manager will use the Site and the Golf Courses for the operation of public
golf courses and all other activities customarily associated with the operation of a public
golf course, including without limitation, sale or rental of golf related merchandise at a
golf professional's shop, furnishing of lessons by a golf professional, operation of a driving
range, and sales of food and beverages, including liquor, beer and wine.
(b) the Manager will operate the Site and the Golf Courses in a professional
manner in compliance with all federal, state and municipal laws, ordinances, rules and
regulations, related to the use, operation, repair and maintenance of the Site and Golf
Courses and, other than as specifically set forth in this Agreement, shall pay all costs and
expenses incurred in, or resulting from, the operation of the Site and Golf Courses. The
Site and Golf Courses shall be open to the general public for purposes of playing golf
and/or golf related activities; provided, however, the Manager may close Meadowbrook
Golf Course for a reasonable period of time during the Initial Term in order to complete
capital improvements; and provided, further, the Manager, in its sole discretion, may from
time to time close all or a portion of the Site and Golf Courses in order to undertake
maintenance tasks and/or to complete capital and other improvements to the Site and Golf
Courses.
(c) the Manager will provide and pay for all utilities and services used in or on the
Site and Golf Courses, including without limitation, charges for water (except for
irrigation water which shall be provided as set forth in Section 4.6 above), telephone,
electricity, gas, power, sewage disposal and rubbish removal; provided, however, the rate
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charged by the City for any such service shall be the rate applicable within the City for
municipally owned facilities.
(d) all matters pertaining to personnel employment, supervision, promotion and
discharge shall be the sole responsibility of the Manager during the term of this
Agreement. During the Term of this Agreement, the Manager shall be responsible for
hiring, promotion, discharge and supervision of all employees performing services in and
about the Site or Golf Courses. Such employees shall be in the employ of the Manager
and, as such, the Manager shall be solely liable to such employees for their wages,
compensation, and "employee benefits," if any ("employee benefits" being defined as an
employer's contribution to F.I.C.A., unemployment compensation, and other employment
taxes, pension plan contribution, worker's compensation, group life and accident and
health insurance premiums, retirement, disability and other similar benefits applicable to
such employees), which accrue during the term of this Agreement all of which shall be set
and determined solely by the Manager. In accordance with the provisions of Chapter 1,
Article IX, Section 22 of the City Charter, the City shall discontinue its Golf Department
and shall follow City policies with regard to such Reduction in Force as may be required
by such discontinuance of the Golf Department. Notwithstanding the previous sentence,
however, the Manager may request the City to relocate any employee specifically
designated by the Manager, in its sole discretion, to another position with the City. The
Manager has the right, but is not required, to employ any employees terminated by the
City pursuant to the terms of this Section for continued employment at the Site and Golf
Courses.
(e) the Manager will pay and discharge all charges, including without limitation,
personal property taxes, gross receipts taxes, general and special assessments, and other
charges of a similar nature which may be levied or assessed against the Site and Golf
Courses it being understood that on the effective date, the site and Golf Course are
exempt from taxation. The City shall cooperate with the Manager in contesting any
increase or loss of tax exempt status, as the case may be by providing such information,
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records or data as may be requested by the Manager. The Site and the Golf Courses are
public property of the City and held by the City for purely public purposes. It is the intent
of the parties that the Manager shall not be required to pay any real property tax with
regard to the Site and Golf Courses throughout the term of this Agreement. Furthermore,
the Manager shall not be required to pay any tax, assessment, or other charge if the
Manager is contesting such tax, assessment, or charge in good faith. The City agrees to
cooperate with the Manager in contesting any such tax, assessment or charge to the extent
deemed necessary by the Manager.
(f) the Manager, at the Manager's expense, will be responsible for maintenance
and repair of the Site and Golf Courses (with the exception of the perimeter fence around
the Site for which the City shall be solely responsible). The Manager will maintain the Site
IN and Golf Courses in good order and in sanitary and safe condition, reasonable wear and
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tear excepted, and the Manager will replace items of equipment at such time as the
Manager, in its sole discretion, deems necessary for operation of the Site and Golf
Courses. The Manager will maintain the Site and Golf Courses in conformance with the
maintenance standards to be established from time to time by the Manager in consultation
with the City. Upon request, the Manager shall furnish to the City a copy of the then
current maintenance standards.
Section 5.6. Administrator. The Manager shall provide a full-time administrator
of the Golf Courses to oversee the day-to-day management thereof. The administrator
shall be the employee of the Manager.
Section 5.7. Inside Consultants. The Manager shall provide such consultants
who are employees of the Manager as it deems necessary to achieve the Primary Goal,
except for consultation services in connection with extraordinary matters which are not
covered by this Agreement. (Such "extraordinary matters" being defined as any matter
deemed by the Manager, in its sole discretion, to involve such extraordinary time and
expense as to warrant prior approval thereof by the City before undertaking to provide any
services in connection therewith.)
Section 5.8. Outside Consultants. The Manager shall recommend to, and if
approved by the City, use its best efforts to engage, on behalf of the City and at the City's
sole expense, such consultants who are not employees of the Manager as it deems
necessary to achieve the Primary Goal.
Section 5.9. Recommendations Concerning_ Operations. At least annually, the
Manager shall consult with the City concerning the operations of the Golf Courses and
make recommendations to the City as may be necessary for the proper operations of the
Golf Courses. Likewise, City shall have the right during any such meeting to make any
recommendations that City would deem appropriate for the Manager's consideration.
Section 5.10. Legal Compliance. The Manager shall comply with all applicable
federal, state and local rules, regulations, statutes, laws and ordinances governing the
operations of the Golf Courses.
Section 5.11. Insurance. The Manager shall arrange for and obtain, at the
Manager's expense and subject to the approval of the City to the extent not described in
Written Policies and Procedures, insurance with respect to the Golf Courses of such kinds,
in such form and amounts, and with such company or companies, all to the extent
available and as the City shall deem adequate and desirable, and in accordance with any
agreement of the City relating to the Golf Courses. The City and the Manager shall be
named as coinsureds or additional insureds, to the extent their interests appear on all such
insurance maintained with respect to the Golf Courses. The Manager may provide all or
part of said insurance in the form of one or more blanket policies applying to it, with the
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applicable prorated expense thereof being applied to the Golf Courses. Such insurance
shall not exclude environmental hazard coverage for application of pesticides, herbicides
or other agricultural chemicals.
Section 5.12. Rate and Fee Schedule. The Manager shall determine the fee
schedules for all services and rates charged by the Golf Courses. The schedule of such
rates, so determined, shall be filed with the office of the City Secretary prior to the
Effective Date. The City Council shall have a period of twenty (20) days to disapprove all
rates set forth or any single rate set forth in such schedule of rates and upon the happening
of such event Manager shall set a new rate or rate schedule as may be necessary to comply
with the decision of the City Council. Each such schedule of approved rates shall be
deemed to include rate increases that do not exceed ten percent of the actual rates set
forth in the approved schedule with the result that, once a schedule of rates is approved by
the City, any rate which does not exceed such approved rate by more than ten percent may
be charged by the Manager as an approved rate. Rates may be changed by following the
same procedure as above set forth.
Section 5.13. Preparation and Adoption of and Annual Budget. The Manager
shall prepare an annual detailed Budget for the Golf Course setting forth, in part the
Mowing:
1. Major operating objectives proposed by Manager for the Budget year;
2. Anticipated Golfing Revenues;
3. Anticipated golf rounds for the upcoming Budget year;
4. Capital Expenses proposed for upcoming Budget year; and
5. Other matters deemed appropriate by the Manager to bring to the
attention of the City.
The Budget shall be filed with the City Secretary and unless disapproved by action
of the City Council within ten (10) days of its filing shall be deemed approved. In the
event the Budget is for any reason disapproved in whole or part, the Manager and City
shall meet and resolve any differences that have been pointed out in any such disapproval
and such Budget as so refined shall be re -filed with the City Secretary and shall thereafter
go into effect as the Budget for the upcoming fiscal year of the City. The Budget shall be
filed with the City Secretary sixty (60) days prior to the commencement of each Fiscal
Year of the City. The approval by the City of any Budget or Budget item covered by this
section shall not be unreasonably withheld. If a Budget is not approved or disapproved in
whole or part then the last month of the prior year's Budget shall be used as a guideline for
operating the Golf Courses until such new Budget is approved. The parties to this
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agreement understand that the Budget is a required non- delegable function and is to be
used as a guide for the operation of the Golf Courses for the ensuing year.
Section 5.14. Accounting Records. The Manager shall maintain or cause to be
maintained, in accordance with Generally Accepted Accounting Principals, the accounting
records of the Golf Courses and shall cause to be delivered to the City, within thirty (30)
days after the close of each calendar year, documentation showing Golfing Revenues,
capital improvement funds and capital improvement expenses. In addition, Manager shall
deliver to the City a quarterly operations report setting forth the following:
(a) The total Golfing Revenues received by Manager from operations of the
Golf Courses.
(b) The Golfing Revenues as defined, received by the Manager f_rrom the
operations reports.
(c) The (::�;�ital projects undertaken by Manager during said quarter and capital
Ook-- cost expended during said quarter.
City shall also have the right to audit the books and accounts applicable to Golfing
Revenues of the Manager maintained on said Golf Courses at City Expense and Manager
shall cooperate with City in this respect. In addition, the City shall have a right, at its
expense, to have a management audit performed on the operations of any or all aspects of
the Golf Courses by Manager.
Section 5.15. Indemnification. (a) The City shall indemnify and hold the
Manager, its directors, officers and shareholders harmless from all losses, damages,
judgments, penalties, liabilities, claims, costs and expenses whatsoever (including
reasonable attorneys' fees and expenses and costs of investigation) imposed or asserted
against the Manager for: (i) any loss or damage to property or injury or death to any
person that may be occasioned by any cause whatsoever prior to the Effective Date; and
(ii) any breach or default on the part of the City in the performance of any covenant or
agreement under this Agreement and any and all other related documents arising from any
act or failure to act by the City or any of the City's employees or agents; and (iii) any claim
or action or proceeding brought by any employee, customer or other person or entity
relating to the operation of the Premises prior to the Effective Date; and (iv) any claim or
action or proceeding brought by any person or entity relating to the ownership of the Site
or the Golf Courses by the City or any indebtedness of the City related to the Site or the
Golf Courses; and (v) any claim regarding the presence, use, disposal, discharge or release
of any Hazardous Substances (as defined below) affecting the Site or the Golf Courses or
caused to be introduced on or about the Site or the Golf Courses. This indemnity shall
survive the termination of this Agreement. This indemnity is subject to Section 3.6 of this
Agreement, but otherwise no provision contained elsewhere in this Agreement shall, nor is
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intended to, modify, alter or transfer the obligations of the City set forth in this Section. If
any Hazardous Substances are brought to the attention of the City or the Manager, the
Manager and the City shall cooperatively work to correct those problems during the term
of this Agreement as quickly as those problems can be corrected. Correction of said
problems shall be at the sole cost of the City.
(b) "Hazardous Substances" shall mean and refer to any product, substance,
chemical, material or waste whose presence, nature, quantity and/or intensity of existence,
release or effect, either by itself or in combination with other materials is either (i)
potentially injurious to the public health, safety or welfare, the environment or the
premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for
liability to any governmental agency or third party under any applicable statute or common
law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons,
petroleum, gasoline, crude oil or any products, byproducts or fractions thereof.
(c) The Manager shall indemnify and hold the City harmless from all losses,
liabilities, claims, costs and expenses whatsoever (including reasonable attorneys' fees and
expenses and costs of investigation) imposed or asserted against the City for: (i) any loss
or damage to property or injury or death of any person that may be occasioned by any
cause whatsoever after the Effective Date, unless such losses, liabilities, claims resulted
from the negligent acts or omissions of the City or any of its employees or agents; (ii) any
breach or default on the part of the Manager in the performance of any covenant or
agreement under this Agreement and any and all other related documents arising from any
act or failure to act by the Manager or any of its agents; (iii) any claim or action or
proceeding brought by any employee, customer or other person or entity relating to the
operation of the Site and Golf Courses after the Effective Date unless such claim, action
or proceeding results from actions of the City or the City's employees or agents; and (iv)
any claim regarding the presence, use, disposal, discharge or release of any Hazardous
Substances (as defined above) affecting the site of the Golf Courses or caused to be
introduced on or about the Site or the Golf Courses on or after the Effective Date and
during the term of this Agreement. This indemnity shall survive termination of this
Agreement.
Section 5.16. Fidelity Bond. Manager, being an independent contractor, shall
furnish to the City a fidelity bond executed by the Manager as principal and a bonding
company authorized to do business in Texas as security in the penal sum of $50,000.00
conditioned that the said Manager, its servants and employees will well and truly account
for all money and property coming into their hands which are due to the City under this
Agreement and timely turn over such money and property to the City in a prompt and
expeditious manner.
[END OF ARTICLE FIVE]
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(4) failure to pay any final judgment for damages rendered against the
Manager by a court of competent jurisdiction which precludes the Manager from
carrying out its obligations under this Agreement.
(D) if the City shall
(1) admit in writing its inability to pay its debts generally as they
' become due; or
(2) consent to the appointment of a custodian (as that term is defined in
the federal Bankruptcy Code) for or assignment to a custodian of the whole or any
substantial part of the City's property, or fail to stay, set aside or vacate within
ninety (90) days from the date of entry thereof any order or decree entered by a
court of competent jurisdiction ordering such appointment or assignment; or
(3) commence any proceeding or file a petition under the provisions of
the federal Bankruptcy Code for liquidation, reorganization or adjustment of debts,
or under any insolvency law or other statute or law providing for the modification
or adjustment of the rights of creditors.
Section 6.2. Remedies. If an Event of Default has occurred and is continuing,
the non -defaulting party may pursue any available remedy by suit at law or in equity to
enforce the agreements and covenants of the defaulting party herein, including, without
limitation, any remedy of a secured party under the Texas Uniform Commercial Code,
foreclosure and mandamus, and may pursue such appropriate judicial proceedings as the
non -defaulting party shall deem most effective to protect and enforce, or aid in the
protection and enforcement of, the covenants and agreements herein. If an Event of
Default has occurred and is continuing, the non -defaulting party may by notice in writing
to the defaulting party, declare this Agreement terminated, and in such event (if the
defaulting party is the Manager), the Manager shall be considered to be a Tenant -at -Will,
and in addition to all other rights and remedies available to the City under applicable law,
the City shall have all rights and remedies of a landlord under the law of the State of
Texas. Upon termination of this Agreement by the City as a result of the occurrence of an
Event of Default by the Manager, the City shall be entitled to immediate possession of the
Site and Golf Courses, and it may remove the Manager and its employees and property, if
any, therefrom without being deemed guilty of any manner of trespass or conversion.
No remedy by the terms of this Agreement conferred upon or reserved to the
parties is intended to be exclusive of any other remedy, but each and every such remedy
shall be cumulative and shall be in addition to any other remedy given hereunder or now or
hereafter existing at law or in equity or by statute. The assertion or employment of any
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right or remedy hereunder shall not prevent the concurrent assertion or employment of any
other appropriate right or remedy.
No delay or omission to exercise any right or power accruing upon any Event of
Default shall impair any such right or power or shall be construed to be a waiver of any
such Event of Default or acquiescence therein; and every such right and power may be
exercised from time to time and as often as may be deemed expedient by the non -
defaulting party.
No waiver of any default or Event of Default hereunder shall extend to or shall
affect any subsequent default or Event of Default or shall impair any rights or remedies
consequent thereon.
Section 6.3. Waiver of Stay or Extension Laws. (a) To the extent that such
rights may lawfully be waived, neither the Manager nor anyone claiming through it or
under it shall or will set up, claim, or seek to take advantage of any stay or extension laws
now or hereafter in force, which may affect the covenants or agreements contained in this
Agreement and the Manager, for itself and all who may claim through or under it, hereby
waives, to the extent that it lawfully may do so, the benefit of all such laws.
(b) To the extent that such rights may lawfully be waived, neither the City nor
anyone claiming through it or under it shall or will set up, claim, or seek to take advantage
of any stay or extension laws now or hereafter in force, which may affect the covenants or
agreements contained in this Agreement and the City, for itself and all who may claim
through or under it, hereby waives, to the extent that it lawfully may do so, the benefit of
all such laws.
Section 6.4. Undertaking for Costs. (a) The Manager and the City agree that
any court may in its discretion, in any suit by or on behalf of the City for the enforcement
of any right or remedy under this Agreement, assess reasonable costs, including reasonable
attorneys fees, against the Manager in such suit, having due regard to the merits and good
faith of the claims or defenses made by the Manager.
(b) To the extent permitted by law, and not otherwise, the Manager and the City
agree that any court may in its discretion, in any suit by or on behalf of the Manager for
the enforcement of any right or remedy under this Agreement, assess reasonable costs,
including reasonable attorneys fees, against the City in such suit, having due regard to the
merits and good faith of the claims or defenses made by the City.
Section 6.5. Termination of Proceedings. In case either party (or both parties)
shall have proceeded to enforce any right under this Agreement and such proceedings shall
have been discontinued or abandoned for any reason, or shall have been determined
adversely to either of such parties, then and in every such case the Manager and the City
27
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ARTICLE SIX
DEFAULTS AND REMEDIES
Section 6.1. Events of Default. If any of the following events occur, it is hereby
defined as and declared to be and to constitute an Event of Default, whatever the reason
therefor and whether voluntary or involuntary or effected by operation of law:
(A) default in the performance of any of the Manager's obligations with respect to
the transmittal of moneys to be credited to the Golf Course Fund under the provisions
hereof or default in the performance of any of the City's obligations with respect to the
payment of moneys from the Golf Course Fund under the provisions hereof and such
default shall have continued for a period of four (4) Business Days; or
(B) default in the performance or observance of any other of the covenants,
agreements or conditions on the part of the Manager or the City contained in this
Agreement, and such default shall have continued for a period of sixty (60) days after
written notice thereof from the non -defaulting party, specifying such default, shall have
been given; provided, however, that if the default is of a nature such that it cannot be fully
cured within such sixty (60) day period, the party in default shall have such additional time
as is reasonably necessary to cure the default so long as the party in default is proceeding
diligently to complete the necessary cure;
or
(C) if the Manager shall
(1) admit in writing its inability to pay its debts generally as they
become due; or
(2) consent to the appointment of a custodian (as that term is defined in
the federal Bankruptcy Code) for or assignment to a custodian of the whole or any
substantial part of the Manager's property, or fail to stay, set aside or vacate within
ninety (90) days from the date of entry thereof any order or decree entered by a
court of competent jurisdiction ordering such appointment or assignment; or
(3) commence any proceeding or file a petition under the provisions of
the federal Bankruptcy Code for liquidation, reorganization or adjustment of debts,
or under any insolvency law or other statute or law providing for the modification
or adjustment of the rights of creditors or fail to stay, set aside or vacate within
ninety (90) days from the date of entry thereof any order or decree entered by a
court of competent jurisdiction pursuant to an involuntary proceeding, whether
under federal or state law, providing for liquidation or reorganization of the
Manager or modification or adjustment of the rights of creditors; or
25
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shall, subject to any determination in such proceedings, be restored to their former
positions and rights hereunder with respect to this Agreement, and all rights, remedies and
powers of the City and the Manager shall continue as if no such proceedings had been
taken.
[END OF ARTICLE SIX]
28
ARTICLE SEVEN
PURCHASE OPTION
Section 7.1. Conditional Agreement of Purchase and Sale. Subject in all
respects to applicable law regarding disposition of City park land and City property, and
to the extent they may legally so agree, the parties agree that the Manager shall have an
option to purchase the Site and Golf Courses and all other assets and property rights
specifically related to and used or useful in connection with the Golf Courses on any date
on the following terms and subject to the following conditions:
(a) The Manager shall have delivered notice, in writing, of its intent to exercise
such option not less than one hundred twenty (120) days prior to the proposed date of
purchase and sale (which date shall be set forth in such notice);
(b) Following receipt of the Manager's notice referred to in (a) above, the City
shall have, if required to do so at the time by applicable law, conducted an election, and
given notice to the general public of the offer of the land for sale by publishing, on two
separate dates, with such sale to occur at least after the fourteenth (14th) day after the
date of the second publication, in a newspaper of general circulation in Lubbock County,
Texas, with such publication to include a description of the land, including its location,
and the procedure by which sealed bids to purchase the land may be submitted, or the City
shall have otherwise complied with then -applicable law (the intent of this Section 7.01(c)
being to require compliance with Sections 253.001 and 272.001(a) of the Local
Government Code as in effect on the Effective Date of this Agreement);
(c) The Manager shall have complied fully with the applicable bidding
i� requirements and shall have submitted the highest and best bid received by the City;
(d) The Manager's bid shall be equal to or greater than the fair market value of the
property; and
(e) The Manager shall, at the time of such purchase and sale, be in full compliance
with all covenants, representations, and obligations under this Agreement.
Section 7.2. Preservation of Status of Property. In order to preserve the status
of the property to be purchased and sold as described above and to accomplish the public
purpose of providing golf courses for the residents of the City, the City agrees that it will
not sell the property to any purchaser unless the prospective purchaser has agreed in a
covenant running with the land to operate and maintain the property as Golf Courses in
the same or similar manner as the property has been operated and maintained while owned
FT;
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by the City for at least five (5) complete years from the date of such purchase and sale
(including continuation of the management arrangement with the Manager.
I
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[END OF ARTICLE SEVEN]
30
ARTICLE EIGHT
TERMINATION OF AGREEMENT
Section 8.1. Termination at Conclusion of Term and Upon Exercise of
Remedies. Upon the conclusion of the Term of this Agreement or upon the exercise of
the remedy of termination as provided in Article Six, this Agreement shall terminate.
Section 8.2. Damage by Casualty. If at any time during the term of this
Agreement, the Site or Golf Courses shall suffer damage by fire, earthquake, explosion, or
any other casualty, to the extent that the Site or Golf Courses cannot reasonably be
repaired in the judgment of the Manager, reasonably exercised, within one hundred eighty
(180) days after the date of such damage, or to such an extent that under then existing
laws, orders, ordinances or other public requirements it is not economically feasible in the
judgment of the Manager, reasonably exercised, to repair the damaged portion of the Site
or Golf Courses to substantially the same form and with substantially the same materials as
before such damage, then the Manager, at the Manager's option, may terminate this
Agreement, in which event payments to the Manager by the City shall be deemed to have
ceased as of the date of such damage, and the Manager shall immediately surrender the
Site and the Golf Courses to the City. If this Agreement is not so terminated, then the
Manager shall repair the Site and the Golf Courses as soon as practicable using the
insurance proceeds received by the Manager and/or the City in conjunction with the
damage. The City agrees to immediately pay to the Manager all insurance proceeds that
the City receives in conjunction with the damage.
Section 8.3. Eminent Domain. If any time during the term of this Agreement, all
or "substantially all" (as defined below) of the Site and Golf Courses are taken by
condemnation or by right of eminent domain, this Agreement shall terminate as of the date
of such taking and all payments already made shall be apportioned as of the date of the
taking. For purposes of this Section 8.3, "substantially all" of the Site and Golf Courses
shall be deemed to have been taken if that portion of either golf course comprising the Site
and Golf Courses which remains cannot be economically utilized by the Manager for the
operation of a regulation, 18 hole public golf course. If less than all or substantially all of
the Site and Golf Courses are taken by condemnation or by right of eminent domain, this
Agreement shall not terminate. If there is a taking by right of eminent domain, the award
shall belong to and be paid to the City.
Section 8.4. Frustration of Purpose. If at any time during the term of this
Agreement, any ordinance, law or regulation is enacted which prohibits the use of the
whole or a substantial part of either golf course which comprises the Site and Golf
Courses as a regulation, 18 hole public golf course, the Manager, in its sole discretion,
may terminate this Agreement as to that portion of the Site and Golf Courses upon thirty
(30) days prior written notice to the City. Any such termination will act to release and
31
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discharge the Manager from any further obligation under this Agreement as to that portion
of the Site and Golf Courses.
Section 8.5. Surrender of Premises. Upon expiration or termination of this
Agreement, the Manager shall surrender the Site and the Golf Courses to the City, in good
order and condition and in a state of maintenance and repair at least equivalent to that
existing as of the Effective Date, and the Manager shall assign and/or otherwise transfer to
the City all contracts, leases, agreements, permits, licenses, registrations and water rights
deemed by the City to be necessary for operation of the Site and Golf Courses.
Section 8.6. Payment upon Early Termination. (a) Notwithstanding anything
contained in this Agreement to the contrary, if as a result of an action taken by the City
this Agreement terminates prior to the end of the Initial Term (other than as a result of an
un-remedied default by the Manager), the City shall pay to the Manager on the date of
termination an amount equal to: (i) twenty-five percent (25%) of the Golfing Revenues for
the immediately preceding calendar year multiplied by 5 plus (ii) the cost of all capital
improvements paid for by the Manager during the term of this Agreement reduced to
reflect book value as of the date of termination of this Agreement. Subject to the rights
granted to City in Section 8.8 of this Agreement and in addition thereto, in the event of an
un-remedied default by Manager, the Manager shall convey title to the City to all capital
improvements.
(b) If this Agreement terminates as a result of Sections 8.2, 8.3 or 8.4, other
than as a result of an act or omission of either party, then the Manager is entitled only to
the remedy stated in Section 8.6(a)(ii), plus personal property insurance proceeds.
Section 8.7. Equipment and Inventory Payment. To the extent authorized by
law upon expiration or termination of this Agreement, a physical inventory of equipment
and inventory located at the Site and Golf Courses shall be conducted by the City and the
Manager. Within fifteen (15) days following the date of the physical inventory, the City
'
will reimburse the Manager for the "cost" (deemed to be the lesser of book value or
appraised value) of those equipment and inventory items that the City, in its sole
discretion, determines to be reasonably necessary to operate the Site and Golf Courses in
the customary manner. At the time of reimbursement by the City, the Manager will
execute a Bill of Sale in form and substance satisfactory to the City conveying the
purchased equipment and inventory to the City. Equipment and inventory will be
transferred without representation or warranties and "as is."
Section 8.8. Irrevocable Letter of Credit. Manager shall secure from a bank, the
senior debt obligations of which are rated by a national rating service in one of the three
highest investment grade ratings, an irrevocable letter of credit in the amount of
$250,000.00 payable on demand to the City conditioned upon the full and complete
performance of all Phase I Capital Improvements set forth in Phase I of this Agreement,
32
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subsections (a) through 0) as herein defined in Section 1.1 of this document. Upon full
and complete performance of Phase I Capital Improvements, as hereinabove defined,
Manager shall be allowed to substitute a letter of credit secured as above set forth in the
amount of $100,000.00 payable on demand to the City conditioned upon the full and
complete performance of the obligation of Manager as herein set forth. In lieu of a letter
' of credit, alternate security of equal or greater credit quality and of the same or greater
amount may be provided by the Manager in a form acceptable to the City Council.
Section 8.9. Advertising. To extent authorized by law and where such action is
not prohibited, the City will cooperate with the Manager in advising the public that the
City golf course is under new management. The City further agrees that to the extent it
' may legally do so in order to promote the City golf facilities and the use thereof as an
integral part of City facilities located in MacKenzie Park, the City will cooperate with the
Manager in advertising City Golf Courses.
[END OF ARTICLE EIGHT]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed by their respective authorized officers as of the dates indicated below.
EXECUTED in Lubbock, Texas, by the parties this 13th day of October, 1994
';nF LUBB FORE STAR GOLF, INC.:
VID R. LANG ON, MAY ATE W. YO RESIDENT
BOARD OF DIRECTORS
ATTEST:
etty . Johnson, Pity Secretary Gary l er, Vice President
Fore Star Golf, Inc.
APPROVED AS TO CONTENT:
arolvn Al4mus. Director a Culture/Leisure
APPROVED AS TO FORM:
ohn C. Ross, Jr., City Attorne
(City Seal)
JCR:da
g:/cityaWhbRESTAR.doc
October 7, 1994
34
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CONSULTING
ENGINEERING
Equipment Inventory
Vehicle -Number
License #
Description
Conditi
V8541142
458-613
GMC Sierra 3500
fair
1 ton flat bed
V8 00190
427-744
International
fair
S series 2 ton
dump truck
V850124
468-637
GMC 1500 1/2 ton
good
pickup
V890166
562-188
Chevrolet 1500
good
1/2 ton pickup
V860045
9433-?89
JCB ExtraDig tractor
good
Ser.#14BN2095/313770/7
Engine ser.# LD020286M
Bear box ser.#
1330-27/535/3252
T/C ser.#47869
Rear axle ser.#
058-25
V06!'(''S7
943-366
JCB Backhoe
good
V790o53
N/A
Massey Ferguson Model
fair/we:
230 gasoline tractor
V77oo*20
N/A
Jacobsen F-10 tractor
fair/wee
& seven blitzer gang
reel mowers. Ser.#
18189 - 1974 model
Vc>000'_';,0
N/A
Jacobsen HF-15 tractor
good
k seven gang hydraulic
reel mowers. Ser.#
70411-2670
V920156
N/A
Ford 4630 diesel
exceller
tractor Ser.*75663
Engine Ser.*290630-
OL�8
N/A
N/A
Roseman Hydra -Gang
exceller
Model AHG Ser.*CP-7683
N/A
N/A
Roseman hydraulic reel
exceller
mowers - Ser.*ts
5544, 5545, 5546, 5547,
5548, 5549 & 5550
,►A:11:
'/N/A
N/A
Jacobsen G-20 tractor
fair
Se r . #9A-348955
V/V88(:)10'3
N/A
Case Model 273 diesel
goad
tractor/�7 hp. Ser.#
17657'*2266
V9 0122
N/A
Jacobsen Model 2015
e�cce1lc
gasoline truckster,
three wheel
Ser.#84013-1777
V76o009
N/A
E-Z-GO Model GT-7
good/fa
gasoline truckster
three wheel
Ser.#860168
Code #86M30
V'930141
N/A
John Deere ATM 626
fair/we
all terrain trans-
portation vehicle
three wheel
Ser.#WO06'�6X011091
N/A
N/A
John Deere ATM 626
fair/we
all -terrain trans-
portation vehicle
three wheel
Ser.#WO06Z6XO11098
V890►� �'?8
XY6629
Cushman Model 898454-
fair
8910 meter reading
truckster - three wheel,
gasoline with cab
Ser.#1CUM222XKL008337
N/A
N/A
Yamaha gasoline
weak
transportation car
4 wheel with cargo
box
N/A
N/A
Cushman Model 898807
good
four wheel, diesel,
outfront, rotary deck
mower - Ser.#93003822
.N910081
N/A
Cushman Model 898807
weak
four wheel, diesel,
outfront, rotary, deck
mower - Ser.09010
N/A
N/A
Jacobsen OW224 Turfcat
fair
II four wheel, diesel,
outfront, rotary, deck
mower - Ser.#66074-3171
�V840009
N/A
Toro Greensmaster
weak
Ser.#04345-51219
*includes three cutting
units
-1/VQ4()03-+
N/A
Toro Greensmaster 300
weak
Ser.#04345-70993
*includes three cutting
units
V840055
N/A
Toro Greensmaster 300
weal:
Ser.#04345-61421
*includes three cutting
units
/
�TV/A
N/A
Toro Greensmaster 300
junk
Ser.304345-70760
,.,'N/A
N/A
Toro Greensmaster
fair/we
(No serial #)
N/A
N/A
(Six) Toro greensmower
good
cutting units - (extra)
`'V0 0014
N/A
Jacobsen Greensking
weak
Ser.#6221-3703
*includes three cutting
units
/V•310C?63
N/A
Jacobsen Greensking IV
good
Ser.#622.28-3455
*includes three cutting
units
ZV000015
N/A
Jacobsen Greensking IV
fair/wee
Ser.#62221-6152
*includes three cutting
units
/
.N000016
N/A
Jacobsen Greensking
gunk
Ser.#62221-4721
N/A
N/A
Jacobsen 22" walking
weak
greens mower Ser.#
62230-3739
N/A
N/A
(Eight) Jacobsen
good
greensmower cutting
units (extra)
✓t 00001.9
N/A
Toro Greens Aerator
exr.el l(
Ser.#09100-70410
/A
—
N/A
Verti-Drain Aerator
excellE
Model 105-145
Ser.#22791
✓N/A
N/A
Ryan Model 544807-8310
weak
greensaire Ser.#11131'3
N/A
N/A
Foley Model 388 reel
good
grinder Ser.#5d*7'81
N/A
N/A
Foley Model 384
good
bedknife grinder
Ser.#'.169J 384-41209
N/A
N/A
Dayton Model3C187D
excelle
36" mobile, circula-
tion fan
N/A
N/A
Power Systems parts
excelle
washer
N/A
N/A
Lincoln Model Ideal Are:
good
�50 arc welder
N/A
N/A
Acetylene/Oxygen
good
cutting torch cart
N/A
N/A
Taro pushmower
fair
21" rotary, rear bagger
N/A
N/A
Toro pushmower
fair/wea
21" rotary, rear bagger
N/A
N/A
Toro verti-cut reels
good
Ser.#'s
04416-20686
-20687
" -20688
" -33316
" -33318
• -33315
`
N/A
N/A
(Three)Jacobsen verti-
goad
cut reels
(no serial *Ps)
N/A
N/A
(Three) Jacobsen
good
spiking reels
(no serial #'s)
N/A
N/A
(Three) Toro spiking
good
reels (no serial #Is)
/N/A
N/A
Vicon Model 602
good
fertilizer/topdressing
spreader - Ser.# 76105-
22191
V9_200134
N/A
Yeager-Twose Model
excelle
TC-11 Turf Conditioner
with BD 1100 bottom
dresser, sod cutter &
puller
N/A
Dandl I series, two
weal-,
section flail mower
(no serial #)
N/A
N/A
Turfco Meter -Math III
excelle
topdresser - Model#
85422 - Ser.#19886s
✓N/A
N/A
Turfco Mete-R-Matic
good/fa
Model F-SA
(serial # N/A)
N/A
N/A
Miltona turf profiler
excelle
N/A
N/A
Stihl Model FS-76
good
string trimmers
Ser.#Is 22746e56
" #Is 22746872
(serial # missing)
N/A
N/A
Stihl Model 029
good
chain saw
N/A
N/A
Broyhill/Cushman 100
weak/Po,:
gallon spray tank with
•
roller pump
N/A
N/A
Gandy Model 36HIB drop
exceller
seeder - Ser.#34918
N/A
N/A
Lesco Cyclone spreader
good
N/A
N/A
Lesco Cyclone spreader
good
N/A
N/A
MTL General Electric
Ericsson radios
Ser.#'s 1115-263
w w " -264
M w w -265
" -266
N/A
N/A
Compaq Model 2660
excell
portable computer
640K - Ser.#CNY75M266O
N/A
N/A
Quest maintenance
excell.
software
N/A
N/A
Microsoft Word 5.1
excellF
word processing
program
N/A
N/A
Panasonic Model KX-
excel1E
P1150 dot matrix
printer Ser.#3GMCEA-
23325
N/A
N/A
Makita 5" disc grinder
excelle
Model 90058 - Ser.#
916466
N/A
N/A
Makita 1/2 drive drill
excelle
Model 60138-R Ser.#
329777E
N/A
N/A
Makita 3/8 drive drill
excelle
Model 651OLVR - Ser.#
070829
N/A
N/A
Dremel Moto -Tool
excelle
Kit 3950 - Ser.#RVU34
N/A
N/A
Jet Model DC-650
excelle
dust collector
Ser.#3112104
N/A
N/A
Jet Model 333720
excelle
Two ton bench press
N/A
N/A
Wilton mechanic vises
excelle
Ser.#121033-31
of a -34
N/A
N/A
Dayton 40/2 amp battery
weak
charger, tester &
starter - Ser.#
DI36OO8
N/A
N/A
Sears/Craftsman Model
fair/we
919.156510 air com-
pressor
N/A
N/A
Campbell/Hausfeld
excelle
portable air tank
11 gallon
N/A
N/A
Chicago Pneumatic
good
auto tool impact
Ser.#1282K570
N/A
N/A
Chicago Pneumatic
good
Model CP711 zip gun
air hammer
Ser.#92169B
N/A
N/A
Detecto Model MCS-40H
excelle
hanging scale
N/A
N/A
Stanley Model 39-036
excelle
measuring wheel
N/A
N/A
Cordley/Temprite
excelle!
drinking water
refrigerator
N/A
N/A
BellSouth Memento
ex.:ellei
Model 1160 telephone
answering machine
N/A
N/A
Cincinnati Model
good
0010211SS - time clock
Ser.#94627
N/A
N/A
Hydraulic floor jack
good
four ton - Ser.#
D657-A15415
N/A
N/A
Computer desk & chair
exceller
N/A
N/A
Snap-On Model JC24A
exceller
mechanics creeper stool
N/A
N/A
Ke-Master Model Bantam
exceller
wall cabinet (40 key
capacity)
N/A
N/A
Hanson Model 24640
exceller
fifty-four piece
tap & die set (NC & NF)
N/A
N/A
Craftsman rolling tool
good
chest & top box
N/A
N/A
Craftsman tools -
good
assorted
N/A
N/A
Makita Model ML700
exceller
re -chargeable flash-
light
N/A
N/A
Makita Model DC9700
exceller
fast charger
N/A
N/A
Micronta Model 4001
fair
metal detector
N/A
N/A
Air conditioner - small,
fair
office unit
N/A
N/A
Evaporative cooler
fair
N/A
N/A
Stihl Model BR3202
excellen
power back -pack blowers
Ser.#'s 227305920
227305909
N/A
N/A
Binks Model 2001
excellen
paint gun & 45/1235
paint cup
N/A
N/A
(Eight) Hyundai
weak
electric golf cars
with chargers
HUGO REED AND ASSOCIATES, INC.
1210 Avenue 0 / Lubbock, Texas 79401 / 806/763-5642 / FAX * 8061763-3891
Tommie E. Anderson, R.P.L.S., President
Bernard J. Grade], Jr., P.E., R.P.L.S.
David Goyette, Mgr.
Daniel E. Martinez, R.P.L.S.
Stevan M. Coleman, P.E.
Gregory S. Nauert, P.E.
METES AND BOUNDS DESCRIPTION of a 334.439 acre tract of land located in Sections 1, 77, 79 and 80, Block A and
Section 3, Block O, Lubbock County, Texas, being further described as follows:
BEGINNING at a'/2" rod with cap found in the North line of Lot 1, Decker Addition to the City of Lubbock, Lubbock
County, Texas, said rod bears S. 87°41'22" E. a distance of 3,519.18 feet from the Southwest corner of Section 1, Block A,
Lubbock County, Texas;
THENCE S. 02018'38" W. a distance of 132.97 feet to a'/2" rod with cap found in the North right-of-way line of Parkway
Drive, said rod bears North 4.76 feet from a concrete right-of-way marker found in Parkway Drive;
THENCE S. 81040'38" W., along the North right-of-way line of Parkway Drive, a distance of 578.37 feet to a'/z" rod found
with cap;
THENCE S. 75057'38" W., along the North right-of-way line of Parkway Drive, a distance of 200.95 feet to a''/2" rod found
with cap;
THENCE S. 81040'38" W., along the North right-of-way line of Parkway Drive, a distance of 499.88 feet to a'h" rod found
with cap;
THENCE N. 81037'22" W., along the North right-of-way line of Parkway Drive, a distance of 104.38 feet to a'/2" rod found
with cap;
THENCE S. 81040'38" W., along the North right-of-way line of Parkway Drive, a distance of 218.35 feet to a'/s" rod set with
cap;
THENCE N. 23043'09" W. a distance of 353.80 feet to a point;
THENCE N. 66005'21" W. a distance of 272.02 feet to a point;
THENCE N, 19049'36" E. a distance of 109.88 feet to a'/z" rod set with cap;
THENCE N. 71011'48" W. a distance of 174.93 feet to a'/z" rod set with cap;
THENCE N. 83038'45" W. a distance of 1,178.45 feet to a'/2" rod set with cap;
THENCE N. 00006' 17" E. a distance of 96.87 feet to a ''V? rod set with cap;
THENCE S. 82010'56" W. a distance of 54.66 feet to a'/2" rod set with cap;
THENCE S. 17053715" E. a distance of 107.87 feet to a %2" rod set with cap;
Page 1 of 5
1*. Me 11 1.3 0_
THENCE S. 55009'09" W. a distance of 32.49 feet to a point;
THENCE N. 46014'08" W. a distance of 325.56 feet to a point;
THENCE N. 38047'55" W. a distance of 509.88 feet to a''/s" rod set with cap;
+ THENCE N. 00010'10" W. a distance of 109.18 feet to a point;
THENCE N. 36032'07" W. a distance of 184.98 feet to a''/s" rod set with cap;
THENCE N. 02014'57" E. a distance of 128.92 feet to a point;
THENCE N. 44049'27" E. a distance of 98.59 feet to a point;
THENCE N. 21013'41" E. a distance of 50.60 feet to a point;
THENCE N. 21055'40" W. a distance of 54.74 feet to a point;
THENCE N. 55047' 11" W. a distance of 68.22 feet to a '/z" rod set with cap;
THENCE N. 29023'58" E. a distance of 152.98 feet to a ''/2" rod set with cap;
THENCE S. 58053'02" E. a distance of 352.87 feet to a %" rod set with cap;
THENCE S. 43027'02" E. a distance of 75.18 feet to a'/z" rod set with cap;
THENCE S. 17031'25" W. a distance of 85.24 feet to a %" rod set with cap;
THENCE S. 72057'01" E. a distance of 54.79 feet to a %" rod set with cap;
THENCE N. 11046'00" E. a distance of 59.08 feet to a'/2" rod set with cap;
THENCE S. 29032' 12"
E. a distance of 78.95 feet to a point;
THENCE S. 02007'27"
W. a distance of 98.80 feet to a point;
THENCE S. 87052' 15"
E. a distance of 86.04 feet to a point;
THENCE N. 02000'02"
E. a distance of 98.75 feet to a point;
THENCE N. 70039'35"
E. a distance of 83.60 feet to a''/s" rod set with cap;
THENCE N. 10033' 16"
W. a distance of 323.80 feet to a point;
THENCE N. 47017'35"
W. a distance of 45.31 feet to a point;
THENCE N. 67048'32"
W. a distance of 464.70 feet to a point;
THENCE N. 18026'50"
E. a distance of 93.92 feet to a point;
THENCE N. 67007'28"
E. a distance of 780.17 feet to a point;
Page 2 of 5
THENCE S. 67017'34" E. a distance of 182.06 feet to a point;
THENCE S. 70011'43" E. a distance of 109.84 feet to a point;
THENCE S. 73055' 17" E. a distance of 116.41 feet to a point;
THENCE S. 80019'03" E. a distance of 101.46 feet to a point;
THENCE N. 89003'02" E. a distance of 60.19 feet to a point;
THENCE N. 64033'48" E. a distance of 33.52 feet to a point;
THENCE N. 35043'45" E, a distance of 34,52 feet to a point;
THENCE N. 16043'00" E. a distance of 24.80 feet to a point;
THENCE N. 04007'08" W. a distance of 352.91 feet to a ``/s" rod set with cap;
THENCE N. 07014' 11" W. a distance of 173.52 feet to a %s" rod set with cap;
THENCE N. 09"18'52" W. a distance of 90.41 feet to a'`/s" rod set with cap;
THENCE N. 15031'28" W. a distance of 86.40 feet to a'`/2" rod set with cap;
THENCE N. 33039'39" W. a distance of 32.74 feet to a %' rod set with cap;
THENCE N. 70035'29" W. a distance of 160.45 feet to a %" rod set with cap;
THENCE S. 24049'02" W. a distance of 300.88 feet to a 11/2" rod set with cap;
r
THENCE S. 42053'21"
W. a distance of 153.88 feet to a point;
THENCE S. 52049'57"
W. a distance of 147.73 feet to a point;
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THENCE S. 66027' 17"
W. a distance of 326.49 feet to a point;
THENCE N. 37051'07"
W. a distance of 64.83 feet to a point;
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THENCE N. 31057'30"
W. a distance of 64.48 feet to a point;
THENCE N. 03038'50"
E. a distance of 540.12 feet to a 1/2" rod set with cap;
THENCE N. 71002'28"
W. a distance of 361.25 feet to a %s" rod set with cap;
THENCE N. 36050'57"
E. a distance of 268.26 feet to a `/z" rod set with cap;
THENCE N. 46047'00"
E. a distance of 191.99 feet to a `/z" rod set with cap;
THENCE N. 03054'53"
W. a distance of 198.34 feet to a''/s" rod set with cap;
THENCE N. 78005'59"
W. a distance of 425.26 feet to a 1/2" rod with cap set in the Southwesterly right-of-way line of
Municipal Drive;
Page 3 of 5
THENCE N. 29045'21" E., along the Southwesterly right -of --way line of Municipal Drive, a distance of 707.51 feet to a''/s"
rod with cap found at a point of curvature;
THENCE Northerly, along the Southwesterly right -of --way line of Municipal Drive around a curve to the left, said curve
having a radius of 1,005.14 feet, a central angle of 14035' 14", tangent lengths of 128.65 feet and a chord distance of 255.21
feet to a %" rod found with cap;
THENCE N. 42037'32" E., along the Southwesterly right -of way line of Municipal Drive, a distance of 1,219.43 feet to a'/z"
rod found with cap;
THENCE N. 49012'38" E., along the Southwesterly right -of --way line of Municipal Drive, a distance of 174.96 feet to a''/s"
rod found with cap:
THENCE N. 54047'38" E., along the Southwesterly right-of-way line of Municipal Drive, a distance of 165.96 feet to a'/s"
rod found with cap;
THENCE S. 20009'22" E. a distance of 784.82 feet to a %" rod found with cap;
THENCE N. 88037'38" E. a distance of 122.97 feet to a'/z" rod found with cap;
THENCE N. 29042'38" E. a distance of 554.27 feet to a'/2" rod found with cap;
THENCE S. 80059'22" E. a distance of 436.77 feet to a'/2" rod found with cap;
THENCE S. 04018'16" W. a distance of 963.07 feet to a %Z" rod with cap found at a point of curvature;
THENCE Southerly around a curve to the left, said curve having a radius of 1,121.18 feet, a central angle of 15°20'56",
tangent lengths of 151.08 feet and a chord distance of 299.45 feet to a %" rod found with cap;
THENCE S. 04018' 16" W. a distance of 281.10 feet to a '/2" rod found with cap;
THENCE S. 05000'28" E. a distance of 440.09 feet to a'/z" rod found with cap;
THENCE N. 48007'38" E. a distance of 296.63 feet to a'/2" rod with cap found at a point of intersection;
THENCE Southerly around a curve to the right, said curve having a radius of 483.96 feet, a central angle of 38°55'54",
tangent lengths of 171.05 feet, a chord distance of 322.55 feet along a chord bearing of S. 05°12' 19" E. to a '/2" rod found
with cap;
THENCE S. 14015'38" W. a distance of 64.39 feet to a'/2" rod found with cap;
THENCE S. 43000'38" W. a distance of 207.75 feet to a'/2" rod found with cap;
THENCE S. 10045'30" E. a distance of 312.68 feet to a %z" rod with cap found at a point of curvature;
THENCE Southwesterly around a curve to the left, said curve having a radius of 1,145.45 feet, a central angle of 21033'28",
tangent lengths of 218.07 feet and a chord distance of 428.44 feet to a'/z" rod found with cap;
THENCE S. 20055'59" E. a distance of 282.72 feet to a'/2" rod with cap found at a point of curvature;
THENCE Southeasterly around a curve to the left, said curve having a radius of 589.94 feet, a central angle of 18046'42",
tangent lengths of 97.55 feet and a chord distance of 192.49 feet to a ''/s" rod found with cap;
Page 4 of 5
THENCE S. 39042'41" E. a distance of 97.09 feet to a''/s" rod found with cap;
THENCE S. 27022'22" E. a distance of 257.91 feet to a''/z" rod found with cap;
THENCE S. 49045'22" E. a distance of 323.93 feet to a'/z" rod found with cap;
THENCE S. 27015' 22" E. a distance of 211.95 feet to a ''/s" rod found with cap;
THENCE S. 63024'20" E. a distance of 127.01 feet to a''/z" rod with cap found at a point of intersection;
THENCE Southeasterly around a curve to the left, said curve having a radius of 961.09 feet, a central angle of 34018'32",
tangent lengths of 296.67 feet, a chord distance of 566.94 feet along a chord bearing of S. 63024'20" E. to a %" rod found
with cap;
THENCE S. 63024'20" E. a distance of 3.40 feet to a 1" iron pipe found at a point of curvature;
THENCE N. 51019' 17" E. a distance of 1.36 feet to a 1/2" rod found with cap;
THENCE Easterly around a curve to the left, said curve having a radius of 961.09 feet, a central angle of 07°36'54", tangent
lengths of 63.96 feet and a chord distance of 127.64 feet to a''/z" rod found with cap;
THENCE S. 88025'22" E. a distance of 470.57 feet to a''/s" rod found with cap;
THENCE S. 36049' W. a distance of 959.89 feet to a %" rod found with cap;
THENCE S. 02018'38" W. a distance of 129.97 feet to a'/z" rod found with cap;
THENCE N. 87041'22" W. a distance of 374.91 feet to the Point of Beginning.
Certified correct.
October 5, 1994
Registered Professional Land Surveyor
No. 2781 State of Texas
Page 5 of 5
I
MARKETING PLAN
The following is an outline of our marketing strategy to increase revenues at both courses. The key
emphasis in the beemning will focus on the facility improvements. Our primary goal will be to bring
back the 40,000 rounds that have been lost since the mid 80's.
Our plan would begin by holding an open meeting at the clubhouse. The purpose will be to review
the proposed improvements to the facility, introduce the new management team and discuss the future
plans for the golf courses.
The marketing plan will combine internal efforts with external advertising. We will promote the
facilities through the various advertising and publicity opportunities. We expect this advertising to
bring back the customer. We expect our internal advertising and our improved customer services to
keep them coming back
HIGHLIGHTS OF OUR AURKETING PLAN:
• Thoroughly train employees with special emphasis on customer service (military etiquette).
P P
• Establish contacts at local social clubs, Cie. Rotary, Lions, Kiwanis, etc.), with the intent of
4
organizing charity golf tournaments and goodwill within the community. Also, the facility will
`
become a member of the local Chamber of Commerce and attend monthly meetings and
functions.
OUR GOAL IS TO BECOME PART OF THE COA MUNITY. THE ONLY WAY TO DO THIS
IS TO BE ACTIVE IN THE COMMUMTY.
• Contact all local schools to begin and promote a quality RUMOR GOLF PROGRAM and offer
discounted junior golf clinics.
• Extend our support and participation to the local college and university golf programs.. .
• Organize late afternoon golf leagues. We will work with local businesses to bring back the
business men and women We will initiate leagues for those persons looking for a regular-
weekly game. Also, we will develop frequent golfer cards which reward loyal eustomft-fos- `
their patronage.
• Work with local hotels to promote golf and lodging packages.
Design a rack card which can be ffiw%wed through the local business community including the
Chamber of Commerce. Department of Tourism and the hotels.
• Develop a Driving Range Discount Card which offers a discount for the frequent users.
EXHIBIT "C"
18
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• Work with the City of Lubbock Convention and Tourism Bureau to host potential golf outings
for any or all future conventions. Each incoming group will be sent an outing package and a
personal invitation to play golf at City facilities. These groups can be great revenue generators.
Not only do they bring green fee and cart revenue but usually these groups spend money on
rental clubs, pro shop merchandise and food and beverage.
Develop a relationship with the Texas Tech University. As one of the largest employers in the
greater Lubbock area, we feel a strong relationship with the university would be in the best
interest of the golf facilities.
Develop and maintain a mailing list of players who visit and use the facilities at Meadowbrook
and Squirrel Hollow Golf Course. The list will be used for newsletters, coupon mailings and
special promotions, etc.
The majority of this plan will be geared to bringing in the customer. Continued success relies on
efforts to bring new customers in while maintaining existing customers. Highlights of our plan to
maintain customers and increase rounds is represented in the Plan of Operation.
Our marketing plans have shown great results in the past. This success is due in part to our efforts
to continually analyze the market place comparing all facilities for price and conditions.
19
• REVEW OF POLICIES & PROCEDURES
To improve efficiency and ensure quality operations.
• PRO SHOP PURCHASING PROCEDURES AND GUIDELINES
To ensure the needs of the customer are met and that prices are competitive.
• CASH CONTROLS
Mandatory in a cash business to assure proper accounting and security.
• REPORTING FORMS
.An assortment of reports to ensure quality operations and services.
• SALARY AND BONUS REVIEW
To ensure employees are compensated fairly within the competitive market place.
• DEVELOPMENT OF OUTING/TOURNAMENT PACKAGE
This package will include professional services, suggestive sales for all facility amenities as well
as a plan to successfully market golf outings.
• DEVELOPMENT OF DEPARTMENTS
To ensure efficiency within the operation.
• DEPARTMENTAL CHECKLISTS
To ensure consistency within the operation.
• TEE TE KE SCHEDULING
To ensure maximizing the golf course potential especially during peak times.
MAINTENANCE STANDARDS
Fore Star Golf has taken substandard turf conditions and quickly improved playing conditions by
implementing a quality maintenance plan. The following is a general maintenance program which is
the backbone to the successful operation of a golf course.
MEADOWBROOK and SQUIRREL HOLLOW GOLF COURSES
LUBBOCK, TEXAS
GOLF COURSE MAINTENANCE PROGRAM
The following are minimum maintenance standards necessary to maintain a first class golfing facility.
Exact maintenance requirements depend a great deal on sod conditions and analysis, traffic and the
specific climatic conditions.
PUTTING GREENS - PENNCROSS BENTGRASS
4.,
�/{�V �..-. r i! w a�`� ::.>.::..:+.<
A��::.,. 'fi •x � `�
�!.f .. 3'.''�.ia-;`'fi'
. h:.>w::-::.:. .�. ;.y
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- a'x' -.-w. .:..-_ y;:,axa::;•.'
•.rs- ._ _
.x. .:..�'A�+.90`� �i..`.�i i�fcv. k��'SS <'.
Mowing
Daily - except when weather
Height 5/32- 3/16" in growing season and
and maintenance practices
5/32- 1/4" in off season. Height is
prohibit mowing.
dependent on weather and traffic conditions.
Mow with self propelled triplex greens
mower with level roller. Always removing
clippings_
Irrigation
Varying upon temperatures
Application of water must be matched with
and precipitations.
penetration rate so that excessive leaching
or run- offs are avoided. Automatic
sprinkling will vary. Spot hand watering as
needed.
Fertilization
Monthly through the
Application of 1-0-1, N-P-K ratio fatdizet
growing season.
with minor elements to provide V2 to 11b
nitrogen per 1000 sq ft per month to be
exceeded if necessary to provide excellent
turf conditions. Sod tests to determine
excessive and/or deficiencies.
Pest Control
Preventative 24 week
Insecticides, fungicides and herbicides to be
intervals dependent upon
applied "preventative" to eliminate pest
residual of chemicals.
problems before they vino.
21
i
t
I
Ll
Aerification and
Bi-annually in Spring and
Machine with self cleaning tines, with
Topdressing
Fall. Hydro jet as needed.
penetration to 3" depth, topdress with a
quality sand. Additional aerification as
needed according to traffic and compaction
to keep turf in excellent conditions.
Verticutting and
As needed.
Greens verticut lightly on regular basis to
Grooming
eliminate thatch and grain for a quality
putting surface. Clippings to be removed.
Relocation of the
Daily
Location never less than 8' from the greens
Cup
edge. In case of damage to tur( rebuild
using additional plugging if possible.
Green Collar
Mowed 3 times per week.
Mow from 1/2 to 5/8" in height. Apron
never less than I and 1/2 ft in width.
Sand Traps
Raked daily. Machine raked
Sufficient sand to provide excellent
I
2-3 times per week with
playability (minimum of 4" depth). Traps to
hand touch up daily. ,
be weed free and edged properly. _
TEE BOXES - COMMON BERMUDA
FUNC
VE
DE ...........
Mowing
3 times per week.
Mow 1/2 to 5/8* in height, remove
clippings. Mower to be triplex greens
mower or similar.
Irrigation
Varying upon temperature
Application of water must be matched with
and precipitation.
penetration rate so that excessive leaching
or run offs are avoided. Automatic
sprinkling will vary. Spot hand watering as
needed.
Fertilization
Monthly in season.
Application of 140-1, N-P-K ratio fertilizer
with minor elements to provide I lb nitrogen
per 1000 sq ft per month to be exceeded if
necessary to provide excellent turf
conditions.
Pest Control
As needed.
Insecticides and fungicides should be
applied to maintain exce0ent turf conditions.
Herbicides should be applied on a
pre -emergence, preventative program.
V*a
I I
I I
ROUGHS - COMMON BERMUDA
FUNCTION.
DETAIL..::
Mowing
Once per week.
Height 1 1/4 to 1 1/2"
Irrigation
Only as needed.
Manual watering for hot spots or spot
seeding.
Fertilization
2 times per year if needed
1-0-1, N-P-K slow release fertilizer with
only in those areas which
minor elements to provide 1 lb actual
can be irrigated.
nitrogen per 1000 s ft per application.
Pest Control
As needed.
Insecticides and fungicides should be
applied to maintain turf conditions.
Weed Control
As needed.
Chemical control for broadleaf and grassy
weeds as needed to prevent weed
infestation.
Trees
As needed.
Turf around trees and other interferences
must be kept trimmed to rough height or
lower at all times.
DRIVING RANGE
II
24
GOLFING REVENUES
GREEN FEES
CARTS, DRIVING RANGE
#3 #4
PAYMENTS TO MANAGER CAPITAL FUND
90% 0 5%
#2
DEPOSIT ACCOUNT
100%
#1 \
GOLF COURSE FUND
100% J
05 '��CGENERAL ACCOUNT
(CITY)
5%
3.4 A SUBSECTION 1
INITIAL ONE MILLION FIVE HUNDRED THOUSAND DOLLARS
EXHIBIT "D"
Other Course Maintenance Program Features
• If deemed necessary, the golf course should be inspected once per year by a qualified
agronomist. Report of findings should be shared with all parties.
• Continual work will be done leveling playing areas and establishing quality turf grass conditions.
• All trimmings, clippings, etc. will be disposed of in a proper manner.
• M departments will be staffed with the best qualified personnel to provide quality service and
maintenance.
• The golf course premises will be maintained free and clear of visible debris at all times.
• Deep tine aerification as often as possible to combat compaction and improve water penetration.
25
GOLFING REVENUES
GREEN FEES
CARTS, DRIVING RANGE
#3 #4
PAYMENTS TO MANAGER CAPITAL FUND
80°� 10%
#2
DEPOSIT ACCOUNT
100%
#1 \
GOLF COURSE FUND
100% i
3.4 A SUBSECTION 3
REVENUES IN EXCESS OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS
EXHIBIT "D"
#5
GENERAL ACCOUNT
(CITY)
10% i
on r
GOLFING REVENUES
GREEN FEES
CARTS, DRIVING RANGE
#3 #4
PAYMENTS TO MANAGER CAPITAL FUND
85% 0 7.5%
#2
DEPOSIT ACCOUNT
100%
#1 \
GOLF COURSE FUND
100% /
3A A SUBSECTION 2
IN EXCESS OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS AND
UPTO TWO MILLION FIVE HUNDRED THOUSAND DOLLARS
EXHIBIT "D"
#5
GENERAL ACCOUNT
(CITY)
7.5%
m m i m m m m= m = m= m m m � m w w
No Text
SCOPE AND LIMITATIONS
MEADOWBROOK GOLF COURSE
LUBBOCK, TEXAS
LIMITED
.ri
PHASE I ENVIRONMENTAL
SITE ASSESSMENT
PREPARED FOR
CITY OF LUBBOCK
CULTURE AND LEISURE SERVICES
OCTOBER, 1994
PREPARED BY:
GRIMES AND ASSOCIATES CONSULTING ENGINEERS
P.O. BOX 45
WOLFFORTH, TEXAS 79382
806\863-2462 FAX 806\863-2479
EXIT "E"
TABLE OF CONTENTS
PHASE I ENVIRONMENTAL SITE ASSESSMENT
SCOPE AND LIMITATIONS
MEADOWBROOK GOLF COURSE LUBBOCK, TEXAS
EXECUTIVE SUMMARY
SITE BACKGROUND/CURRENT USE
SITE SURVEY
REGULATORY REVIEW
APPENDICES
APPENDIX A - LIST OF INFORMATION SOURCES
APPENDIX B - RECORDS, DATABASE, AND REPORTS
APPENDIX C - LICENSES
I
I
MEADOWBROOK GOLF COURSE LUBBOCK, TEXAS
w
SCOPE AND LIMITATIONS
GENERAL:
This report presents the results of an limited Phase I Environmental Site Assessment
conducted for Meadowbrook golf course Lubbock, Texas. Grimes and Associates,
Consulting Engineers performed the survey in October of 1994.
SCOPE:
The objective of the assessment was to determine the land use for the prior fifty years then
investigating the site for the presence or potential for hazardous or toxic substance
contamination, and reported environmental impacted sites in a one half mile radius of the
subject site.
IThe scope of the survey includes the following:
Land use for the past fifty years.
On -site survey for property conditions and current use.
Off -site touring of properties in one-half mile radius.
Review of regulatory databases for reported environmental incidents/conditions.
Written report with conclusions and recommendations.
LIMITATIONS:
At the time of the environmental site assessment a proper meets and bounds study was not
available. Therefore a documentary title search could not be conducted. Rather a general
review of the owner's records was conducted. The review is limited to information
provided to Grimes and Associates. This information is to be used as general history and
should not be construed as documentary evidence.
The focus of the survey was to assess past and current site use for known or reported
hazardous, or potentially hazardous conditions present at the time of the survey. As a result
the report will not report the following conditions
Naturally occurring toxic conditions or hazards associated with subsurface decaying
soils, rock, and water quality.
Wetlands delineations associated with hydrophytic vegetation, hydric soils, hydrologic
factors, natural waterways, and site water quality.
Conditions not generally recognized as environmentally unacceptable at the time this
report was prepared.
We are unable to predict events which may occur after the on -site survey such as spills,
illegal disposal, or accidents.
1
The final report is prepared for our client and is intended of their use only. The report
remains the property of Grimes and Associates, and any reproduction or unauthorized use
is prohibited.
The Phase I survey is limited and not intended as a guarantee against environmental
hazards, or conditions. It is possible that despite the use of diligent care and investigation
unreported condition, or conditions not generally recognized as hazardous at the time of the
assessment may exist.
�41
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EXECUTIVE SUMMARY
MEADOWBROOK GOLF COURSE LUBBOCK, TEXAS
SITE BACKGROUND\CURRENT USE:
Historical Land Use: The golf course is land acquired by the City of Lubbock in
1926. The site was dedicated for use as a park and public golf course and has
remained as same since constructed.
The fact that the site has been a park for over fifty years would dismiss the
concerns over prior contamination from heavy manufacturing and commercial
industry.
Historical Sites: Currently there there are no landmark designations at the site,
However there is potential for a National Register of Historic Places in the course.
The site is covered by the Texas Antiquities Code. The code requires review by the
Texas Historical Commission prior to any construction activity.
Current Land Use: The current land use or day to day operations should not pose
a significant environmental risk to the site.
SITE SURVEY:
Conclusions: There is no physical evidence to indicate an significant
environmental impact has previously occurred or is currently present at the site.
The river is a designated Texas waterway which is controlled by the United States
Corps of Engineers (USCE). Any change in use or improvements to the waterway
must be approved by the USCE.
Recommendations: During the survey several conditions were discovered which
need to be upgraded. We recommend these items be corrected to meet compliance
requirements.
Recommended Upgrades:
Cess pools at public rest rooms on course will need to be upgraded.
Upgrade of the chemical storage facilities.
Upgrade of the above ground fuel tanks and registration
Recommended State Registration:
The AST's at the site should be registered with the Texas National Resource
Conservation Commission.
2-1
REGULATORY REVIEW:
General: No past environmental conditions have been reported at the site. No
evidence of National Priority Listed sites or Superfund sites were listed within a one
mile radius of the property were discovered.
LUST's: The leaking underground storage tanks on adjoining property effects to
the golf course is undetermined. Due to the close proximity of the reported LUST's '
and the sites heavy irrigation from the water table there is a possibility of
contamination migrating to the site.
Recommendations:
Investigation of the impact of adjacent LUST sites irrecommended.
2-2
1
SITE BACKGROUND/CURRENT USE
OVERVIEW:
At the client's request a complete and documentable title search was not conducted.
The review is limited to information provided to Grimes and Associates. This
information is to be used as general history only.
HISTORY OF LAND USE:
The golf course is land by the City of Lubbock in 1926. The site was dedicated for
use as a park and public golf course and has remaffied as same since constructed.
The site has remained in use and was enlarged to a 559 acre site in the 1970's.
HISTORICAL VALUE:
Mackenzie State Park as a whole has historical significants since it was designed by
the Civilian Conservation Corps, which also had a camp in the area. There is
apotential for a National Register of Historic Pace district in the park.
Since the park and course is in the canyon, it is quite probable there are
archeological sites as well. This site is covered by the Texas Antiquities Code,
which requires review by the Texas Historical Commision of any construction
program that takes place on publicly owned land and recreational parks.
CURRENT USE:
Currently there are no local landmarks designated on the site, no Recorded Texas
Historical Landmarks, and no National Register designations.
The site is currently a public golf course. The course is part of a city park
maintained by the City of Lubbock.
CONCLUSIONS:
Historical Land Use: No conclusions are drawn. Being general in nature, this site
background review neither confirms nor dismisses the possibility of prior
environmental activity at the site.
Historical Sites: Currently there there are no landmark designations at the site,
However there is potential for a National Register of Historic Places in the course.
The site is covered by the Texas Antiquities Code. The code requires review by the
Texas Historical Commission prior to any construction activity.
Current Land Use: The current land use or day to day operations should not pose a
significant environmental risk to the site.
2-3
SITE SURVEY
MEADOWBROOK GOLF COURSE LUBBOCK, TEXAS
SURVEY OBJECTIVE:
The site survey was conducted to determine if current conditions exist which could
pose an environmental risk to the site.
The property was investigated for evidence of past use which would have had an
Ienvironmental impact on the site.
The properties immediately adjacent the site were investigated in an attempt to
determine if a current condition was causing an environmental impact to the site.
ADJOINING PROPERTIES:
The golf course is located in an area of heavy manufacturing, city maintenance
facilities, utility complexes, and city park. Properties adjoining site include:
North: Purina Mills, City training facilities- fire and police, Lubbock Power
and Lights. N.E. single family homes.
East: Vacant land and single family houses.
West: Interstate 27 and commercial sites.
South: MacKenzie Park, Joyland Amusement Park.
STRUCTURES:
The golf course has several buildings at the site. The main complex includes a golf
shop, locker rooms, snack bar, and meeting rooms. Adjacent the main building are
four out- buildings, (one to house maintenance, two buildings for cart storage, and
a building at the driving range).
Buildings discovered on the course include two chemical storage buildings, one
reservoir pump house, and two public rest rooms.
VEGETATION:
The golf course is covered with grass and free of abnormally stressed vegetation
(which could indicate a spill or chemical presence). The grounds have been
routinely maintained with fertilizers and chemical applications for weed control.
UTILITIES:
Electricity: Electric utilities are supplied by Lubbock Power and Light.
Gas: Natural gas is supplied by Energas Gas Co. of Texas.
2-4
FZ
Water/Sewer: Services for the club house complex are provided by the City of
Lubbock. Two public rest rooms on the course have sewage cess pools.
Trash: Trash disposal is provided by the City of Lubbock.
WATERWAYS:
The course has a river which is a tributary for the Brazo River. The river is part of
the City of Lubbock Canyon Lakes Project.
The source of water for the rivers is natural run off water, and water supplied from
the Canyon Lakes project. This water source is considered non potable and is not
designated for human consumption.
The river is a designated Texas water way which is controlled by the United States
Corps of Engineers (USCE). Any change in use or improvements to the waterway
must be approved by the USCE.
ON SITE WATER WELLSURRIGATION SYSTEM:
The course has several water wells used for irrigation of the course. These wells
are for irrigation only and none supply drinking water for the site. The water
quality of these wells is undetermined.
The course has a reservoir for the irrigation system. The reservoir is supplied with
water from the City of Lubbock water treatment facilities canyon lakes project and
supplemented by the on -site irrigation wells.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD
PLANE:
Several sections of the course are in the 100 year Mood plain. The area has
experienced flooding during large rains. The river is part of the run off water
system for the course. 1
ON - SITE REGULATED SUBSTANCE:
The course uses several chemicals for maintaining the course grasses and
equipment. These chemicaluincluded pesticides, weed control chemicals, fertilizers
and various oils for the grounds equipment.
Chemicals are stored in the maintenance shop and a storage building on the course. a.
F"
The storage facility is inadequate for safe storage. Hazard signage is not adequate �.
and the storage does not has a secondary containment system.
The course has an in-house hazard communication program to address chemical t
safety, storage, and disposal. The program is administered by the director of
maintenance.
2-5
PERMITS REQUIRED FOR SITE:
The course uses pesticides and must have a pesticide application license. The course
currently has a license and a designated applicator.
ABOVE GROUND STORAGE TANKS:
The course has three aboveground fuel tanks at the maintenance building. The tanks
are gravity feed systems which supply gasoline and diesel fuels for the grounds
equipment and maintenance vehicles.
The AST's are not currently registered with the TNRCC and need to be registered.
The system needs to be upgraded and a diking system installed to meet current
regulations.
ASBESTOS CONTAINING MATERIALS ACM:
During the site survey the asbestos inspector surveyed all of the buildings. The only
building with materials which could be considered as suspect ACM was the
clubhouse. The materials suspected as ACM were sampled and laboratory testing
was performed.
Suspect ACM
Floor tile - Snackbar kitchen and lobby rest rooms
Sheetrock - Walls of water heater closet
The laboratory results indicate these materials as non -asbestos containing materials.
LEAD BASED PAINTS:
The building was constructed during the time lead based paint were in use. The
r, presence of LPB is possible. Additional investigation or testing is not
recommended.
PCB OILS\TRANSFORMERS:
The Utility -owned pole and pad -mounted transformers at the clubhouse are recent
replacements, and not suspect for PCB's. Transformers on the course are reported
as non PCB, or known to contain less than 500 ppm PCB.
CESS POOLS:
During the survey the inspector discovered two apparent cess pools on the courses.
The cess pools are located at the two public rest rooms on the course. These cess
pools would not -comply with sewage treatment requirements.
LANDFILL:
Following the May 11, 1971 tornado in Lubbock several down trees and debris
were stored in the park. During the construction of Squirrel Hollow course a pit
was dug and the trees were buried on site.
2-6
CONCLUSIONS:
There is no physical evidence to indicate an significant environmental impact has
previously occurred or is currently present at the site.
RECOMMENDATIONS:
During the survey several conditions were discovered which need to be addressed in
the near future. We recommend these items be corrected to meet compliance
requirements.
Recommended Upgrades:
Upgrade of cess pools at public rest rooms on course.
Upgrade of the chemical storage facilities.
Upgrade of the above ground fuel tanks and TNRCC registration.
Recommended State Registration:
The AST's at the site should be registered with the Texas National Resource
Conservation Commission.
2-7
REGULATORY REVIEW
OVERVIEW:
Grimes and Associates reviewed data collected from regulatory" agency files. This
review was performed to identify regulatory violations involving hazardous or toxic
materials both at the site and also on adjacent properties.
The data reviewed consists of those files maintained by the various federal and state
agencies and is limited to the most recent publication in print or available to date.
Vista Environmental Information, Inc. of San Difgo, California performed the
search of environmental records and databases.
DATABASES REVIEWED:
Federal:
US EPA National Priorities List (NPL): This is a priority -ranked list of EPA's
"Superfund" sites (those sites identified by EPA as hazardous to the population
and either abandoned or uncontrolled).
US EPA CERCLIS List: This is a compilation of sites which the EPA has
investigated (either for a known -release of hazardous materials or for
threatening conditions). Sites listed have recognized hazards, and could pose a
risk to the population.
US EPA Resource Conservation and Recovery Act Facilities (RCRA) List:
This is a list of facilities (both large and small) that generate, store, or dispose
of hazardous waste (RCRA identifies and tracks hazardous waste from its origin
to point of disposal).
US EPA RCRA Transporter List: This is a list of transporters of hazardous
waste.
State:
State Priority List (SPL): This is a generic name for databases maintained by the
various states which consist of listings of sites with actual or potential
contamination.
State UST and LUST Site List: This is a listing of registered underground
storage tanks (UST) and leaking underground storage tanks (LUST) in the
radius of the study.
State Solid Waste Landfill List (SWLF): This is a list of all landfills in the area
of study.
M
CONDITIONS DISCOVERED:
Federal:
NPL or Superfund Sites: Federal USEPA databases did not reveal sites in the
one mile radius of the study.
CERCLIS Site: Federal USEPA databases revealed three sites in the one mile
radius of the study. The sites are:
Scrub A Dubb Barrel Co.
Evans Tank Co.
Jensen Corporation
RCRA - Small Generators: Federal USEPA databases revealed three sites in the
one mile radius of the study. The sites are: .4
City of Lubbock Garage
City of Lubbock Traffic Department
Scrub A Dubb Barrel Co.
State:
LUST Sites: State records and databases revealed seven leaking underground
storage tanks in the radius of the study. The sites are:
City of Lubbock Garage 2 sites
Texas Department of Transportation
HOC Bulk Plant
Forrest Peterson Assoc. Inc.
West Texas Millwright
McClain Oil Co.
UST Sites: 14 sites are listed in the radius of the study.
CONCLUSIONS:
Site: No past environmental conditions have been reported at the site.
Area: No evidence of National Priority Listed sites or Superfund sites were listed
within a one mile radius of the property were discovered.
UST's: The adjacent properties having UST's should not pose an immediate threat
to the property.
LUST'S: The leaking underground storage tanks effects on the site is undetermined.
Due to the close proximity to the site and the sites heavy use of irrigation from the
water table there is a possibility of contamination migrating to the site.
RECOMMENDATIONS:
Investigation of the impact of the adjacent LUST sites is recommended.
2-9
I "
M
APPENDIX - A
LIST OF INFORMATION SOURCES
A.1. CITY OF LUBBOCK:
INSURANCE DEPARTMENT:
Scott Snyder, Previous director of golf course: General history
WATER/UTILITIES: .%*
Terry Ellerbrook, Water Utilities: Information on irrigation
system and water wells.
ENGINEERING DEPARTMENT:
Larry Hurdle, Street Engineering: Waterways, run off
permits.
Ed Bucey, Right of Ways: General history title information.
Skipper Wood, FEMA manager: 100 year flood plane.
PARKS DEPARTMENT:
John Webb, Parks Department: General history park
desigination.
LUBBOCK POWER AND LIGHTS:
Don Callon, Engineering: PCB oils and transformers.
PLANNING DEPARTMENT:
Sally Abbe, Planning: General history, Historical Value
See Attached letter.
A.2. STATE AGENCIES:
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC).
Joe Braggs, Lubbock office: AST registration, NPDES permits
for reservoir.
A.3. ENVIRONMENTAL RECORDS REVIEW AND REPORTING:
VISTA ENVIRONMENTAL INFORMATION San Deigo, California office.
Database records review of federal and state maintained environmental records.
A_4. GRIMES AND ASSOCIATES .�
Site survey conducted by Clark DeLavan
OCT 10 '94 10:22 CITY OF LUBBOCK, TX B06-762-3623
P.1/1
Facsimile Cover Sheet
To:
Clark DeLavan
Company:
Grimes & Associates
P.O: Box 45
Wolfforth, TX 79382
Phone:
863 2462
Fax:
863-2479
From: Sally Still Abbe
w
Company: City of Lubbock ~"
Phone: 767-2106
Fax: 762-3623
Date: October 10, 1994
Pages Including this
cover page: 1
.i
Comments:
I will have to see a map of the property to be included in the assessment of
Meadowbrook Golf Course before I can give you a definite answer ::on whether
there are potentially historic sites within the area, Mackenzie Parkas a whole
has historical significance since it was designed and built by the Civilian
Conservation Corps, which also had a camp in the area. There ispotential for a
National Register of Historic Places district in the park, but setting the
boundaries of such a district will require further research. Howevet, it is quite
likely that some of the golf course would be included.
Since the park and course are within the canyon, it is quite probab*.e that there
are archeological sites as well. This site is covered by the Texas Antiquities
Code, which require review by the Texas Historical Commission of any
construction program that takes place on publicly owned land, an4specifically
mentions review of "construction of recreational parks or the expartision of
existing facilities by city governments! Any improvements to the bite would have
to be reviewed under this act.
Currently, however, there are no local landmark designations on tie property, no
Recorded Texas Historical Landmarks, and no National Register designations.
xc: Carolyn Aliamus
W
x
L
1
APPENDIX - B
RECORDS, DATABASE, AND REPORTS
B.1 Regulatory Review Documentation
Vista Report
B.2 Asbestos Sample Results
Kevco Services
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Project Name/Ref #: MEADOWBROOK
CLARK DELAVAN
MEADOWBROOK GOLF COURSE
GRIMES ASSOCIATES-WOOLFFORTH
MACKENZIE STATE PARK
RR I BOX 559
LUBBOCK, TX 79403
WOLFFORTH, TX 79382
Latitude/Longitude: ( 33.602980, 101.832523
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For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page 111
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Category:
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Subject Site
Databases Searched to:
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3/4 mi.
5/8 mi.
Single Sites
A
Multiple Sites
A,
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A
Roads
NPL, SPL,
CERCLIS,
UST
ERNS,
Highways
SCL, TSD
LUST,
GENERATORS
Railroads
SWLF
Rivers or Water Bodies
If additional databases are listed in the cover page of the report they are also displayed
Utilities
on this map. The map symbol used corresponds to the database category War A,B,C,D.
For More Information Call VISTA Environmental Information at I - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07 1994
A;e #3
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Roads, Highways, Rivers, Water Bodies
Railroads, Utilities
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For More Information Call VISTA Environmental Information at 1- 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07 1994
?age #4
1
1
0
P
SITE ASSESSMENT REPORT
(EXTENDE]D BY12 MILE}
DESCRIPTION OF DAT"ASES SEARCYflEI)
......................... .......... ...................
A� ATASASES S�ARC>n►� 1TZ il'IYLES
NPL VISTA conducts a database search to identify all sites within 1.5 mile of your property.
SRC#: 1803 The agency release date for NPL was May, 1994.
The National Priorities List (NPL) is the EPA's database of uncontrolled or abandoned hazardous
waste sites identified for priority remedial actions under the Superfund program. A site must meet or
surpass a predetermined hazard ranking system score, be chosen as a state's top priority site, or meet
three specific criteria set jointly by the US Dept of Health and Human Services and the US EPA in
order to become an NPL site.
RCRA-TSD VISTA conducts a database search to identify all sites wi;in 1.5 mile of your property.
SRC#: 1372 The agency release date for RCRIS was July, 1993.
The EPA's Resource Conservation and Recovery Act (RCRA) Program identifies and tracks hazardous
waste from the point of generation to the point of disposal. The RCRA Facilities database is a
compilation by the EPA of facilities which report generation, storage, transportation, treatment or
disposal of hazardous waste. RCRA TSDs are facilities which treat, store and/or dispose of hazardous
waste.
SPL VISTA conducts a database search to identify all sites within 1.5 mile of your property.
SRC#: 1828 The agency release date for State Superfund Program was June, 1994.
The Texas Natural Resource Conservation Commission maintains an inventory of facilities subject to
investigations concerning likely or threatened releases of hazardous substances from those facilities.
CERCLIS VISTA conducts a database search to identify all sites within 1 mile of your property.
SRC#: 1722 The agency release date for CERCLIS was April, 1994.
The CERCLIS List is a compilation by the EPA of the sites which the EPA has investigated or is
currently investigating for a release or threatened release of hazardous substances pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Superfund Act).
LUST VISTA conducts a database search to identify all sites within i mile of your property.
SRC#: 1827 The agency release date for Leaking Petroleum Storage Tank Case Report was May, 1994.
The Texas Natural Resource Conservation Commission maintains an inventory of leaking underground
storage tanks.
SWLF VISTA conducts a database search to identify all sites within 1 mile of your property.
SRC#: 1692 The agency release date for Solid and Hazardous Waste Disposal Facilities List was March, 1994.
The Texas Natural Resource Conservation Commission maintains an inventory of the solid waste
facilities in the state.
Ir
VISTA
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version: 2.0 Page #5
AST's VISTA conducts a database search to identify all sites within 3/4 mile of your property.
SRC#: 1787 The agency release date for Aboveground Storage Tank Database was May, 1994.
The Texas Natural Resource Conservation Commission maintains an inventory of underground storage
tanks.
UST's VISTA conducts a database search to identify all sites within 3/4 mile of your property.
SRC#: 1787 The agency release date for Petroleum Storage Tank Database was May, 1994.
The Texas Natural Resource Conservation Commission maintains an inventory of registered
aboveground storage tanks (aboveground tanks are reported when included on this list).
ERNS VISTA conducts a database search to identify all sites within .625 mile of your property.
SRC#: 1428 The agency release date for ERNS was September, 1993.
The Emergency Response Notification System (ERNS) is,# national database used to collect
information on reported releases of oil and hazardous substances. The database contains information
from spill reports made to federal authorities including the EPA, the US Coast Guard, the National
Response Center and the Department of transportation. A search of the database records for the period
October 1986 through September 1993 revealed the following information regarding reported spills of
oil or hazardous substances in the stated area.
RCRA-LgGen VISTA conducts a database search to identify all sites within .625 mile of your property.
SRC#: 1372 The agency release date for RCRIS was July, 1993.
The EPA's Resource Conservation and Recovery Act (RCRA) Program identifies and tracks hazardous
waste from the point of generation to the point of disposal. The RCRA Facilities database is a
compilation by the EPA of facilities which report generation, storage, transportation, treatment or
disposal of hazardous waste. RCRA Large Generators are facilities which generate at least 1000
kg./month of non -acutely hazardous waste ( or 1 kg./month of acutely hazardous waste).
RCRA-SmGen VISTA conducts a database search to identify all sites within .625 mile of your property.
SRC#: 1372 The agency release date for RCRIS was July, 1993.
The EPA's Resource Conservation and Recovery Act (RCRA) Program identifies and tracks hazardous
waste from the point of generation to the point of disposal. The RCRA Facilities database is a
compilation by the EPA of facilities which report generation, storage, transportation, treatment or
disposal of hazardous waste. RCRA Small and Very Small generators are facilities which generate
less than 1000 kg./month of non -acutely hazardous waste.
VP For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
MSTA Version 2.0 Page N6
VISTA
NOP,
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #7
6.
1
1
1
1
BUCK'S IRRIGATION ENGINE CO., IN
138s7os
8
515 AMARILLO RD
X
LUBBOCK TX 79403
MCCANDLESS RENTALS
1385281
9
624 E LEHIGH
X
LUBBOCK TX 79403
WESTEX WAREHOUSE-LUBBOCK, LTD.
3666Q351
10
800 2ND PLACE
X
LUBBOCK TX 79401
FOREST PETERSON ASSOC INC
3841342
10
800 2ND PL
X
LUBBOCK TX
OLD KIMBALL SERVICE CENTER
1788925
10
2ND ST AVENUE G
X
LUBBOCK TX 79401
TRAILER SVC INC
3121
11
401 NAVE K
�Xj
•
LUBBOCK TX 79403
EVANS TANK COMPANY
143750
12
401 AVE 'H'
X
LUBBOCK TX 79401
WEST TEX MILLWRIGHT
2546293
13
312 SELOOP 289
X
LUBBOCK TX 79404
JENSEN CORPORATION
2570392
14
1317 HARVARD
x
LUBBOCK TX 79403
MCLAIN OIL # 3
1369482
15
818 AVE A
X
•
LUBBOCK TX 79401
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #8
VISTA
XNEP
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page k9
XV1,
VISTA
4A
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #10
I
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................... ... -... ........... .......
......................
.............................
............ ............................... .................... .............A..DI.............
........
i-TAREA �v 5/8 miles
.tun.................... ...... ..... .. .................. ........
DETAIL®ARDING.UST:/:SRC
Agency Address: FIRE TRAINING ACADEMY
1102 MUNICIPLE DR
::�: 10019705
1 DE TAILS REGARDIIVG� .:: 1 UST41 SR(!,#A79T::;: �; :': ::� ::
vp
"SA
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #11
I
0
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1
1
1
1
1
1
1
1
1
1
Property Address with : PURINA MILLS, INC. Mii0 ii]#i 1A
VISTA Verified\Enhanced 201 E MUNICIPAL DR Visl`A IIl#. 342522
City. and Zip: LUBBOCK, TX 79403 DistanicelDirection:: 0.14MI / NW
DETAILS REGARDING.- 'UST11SRC# 1787 A I :...: _. 0018705
Agwcy Address: SAME AS ABOVE
Tank ID: 5
Tank Contents: AGENCY REPORTS THE UNDEFINED TERM "OTHER"
Tank Agee NOT REPORTED
Tank Size (Units): 500 WAT_LONS)
Tank Status: PERMANENTLY OUT OF SERVICE
I.eak Monitoring: NOT AVAILABLE
Tank Piping: NOT AVAILABLE
Tank Material: NOT AVAILABLE
DETAII-V REGARDING_ : iJST:/'SRC# 17R7 Aeenov:.ID.... - 0018705
�3ys?flAC�si:�a'YA01rle [FWTTM'is VITil:illl
DETAILSREGARDING: :: UST:%:SRC# 1?87 A enc::ID 0018705
Agency Address: BAME AS ABOVE
vp
VISTA
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version Z 0 Page #12
Property Address with...... LUBBOCK CITY TRAFFIC DEFT MS{L)(L #: = 1B
VISTA. Verified\Enhanced : 321 N ASH AVE VISTA 1(D# 251469
City. and Z P: LUBBOCK, TX 79403 DrstAh&/1 rrection 0.ISM / NW
N
DETr]ILSRE'GARDING. .. RCRA SmGtnl.SRC#i1372. EPAID:: TXD982i50170::.
Generator Class: I GENERATORS WHO GENERATE 100 KG./MONTH BUT LESS THAN 1000
Generator Requirements NO
Violation: _
Violation of Corrective INO
Land Requirements I NO
Generator Requirements NO
Violation•
Violation of Corrective NO
Action Scheduled:
Land Requirements NO
Violation:
f DETAILS REGARDING:: I UST / SRC# :1797 _ I A¢encv' ID [ 0 M50 I
Agency Address: CITY OF LUBBOCK
324 MUNICIPAL DR
LUBBOCK, TX 79457
Underground Tanks: 5
Aboveground Tanks: NOT REPORTED
Tanks Remove • NOT REPORTED
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #13
k
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1
Property Address with LUBBOCK CITY GARAGE ZA
VISTA V 6d\Enhance& 324 MUNICIPAL DR YIfi1'A 1D# ?81464
City and Zip: LUBBOCK, TX 79457 DisfAncelDirer ! :;. 0.16MI / W
DETAILS REGARDING: UST 1 SRC# 1787 ID 0030250
Agency Address: CITY OF LUBBOCK
324 MUNICIPAL DR
L T� BRA, TX 79457
Tank ID: 5
Tank Contents: AGENCY REPORTS THE. UNDEFINED TERM "OTHER"
Tank Age: NOT REPORTED
Tank Size (Units): 99 (GALLONS)
Tank Status: PERMANENTLY OUT OF SERVICE
Leak Monitoring: NOT AVAILABLE
Tank Piping: NOT AVAILABLE
Tank Material: NOT AVAILABLE
DETA/LSiREGARDING ::.IUSi f SRC# 1787 : 1:4gericv'ID :1003M50 1
Agency Address: CITY OF :•
1324 MUNICIPAL I'
LUBBOCK. Y: 79A57
Tank 1•
Fri
M., T uFIT
.: \•
DETAILS'REGARDING. UST / SRC'1787.. _ .. __
l Aeencv ID 10030250 " I
Agency Address: CITY OF •
MUNICIPAL324 •
LUBBOCK, IX 79457
,.
u„Irn .., .•
. , \•
I DETAILS REGARDING: 1 UST /' SRC# :1787 I Aeencv ID 1003U�50.. I
Agency Address: CITY OF • BBOCK
324 MUNICIPAL I'
LUBBOCK.
_r.
'Tank Contentsa GASOLINE (UNSPECIFIED)
, ;
►•
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #14
I
I
DETAIL5 REGARDING:. _ LUST-/ SRC# 1827 . A enc ID 194822
Agency Address: CITY OF LUBBOCK
324 MUNICIPAL
LUBBOCK, TX 79457
Tank Status: NOT AVAILABLE
Discovery Date: JANUARY 30, 1990
Media Affected: DOMESTIC/MUNI SUPPLY WELL
Substance: NOT REPORTED
Quantity nits): NOT REPORTED
Leak Cause: REPORTED AS " 1NAVAII.ABLE" BY AGENCY
Leak Source: NOT REPORTED
Remedial Action: NOT AVAILABLE
Remedial Status 1: CLEANUP IN PROGRESS/R=JIIZD
Remedial Status 2: NOT AVAILABLE
Property: Addressvith:::::;; TXDOT LUBBOCK lip 2B
VISTA308 MUNICIPAL DR VSTA 3842827
City.and:Zip*,LUBBOCK, TX 79403 DistancejDhredibn 0Z21M / W
DETAILS REGARDING. LUST lSRC#:1827 Aeencv:ID IO2I25.
Agency Address: D•LUBBOCK
1: MUNICIPAL D'
l::•
i, Status@ NOT :1
Discovexy Date* M IT
' : ull► :: a ►Y
n 4 \ •
"SrA
Ir
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #15
I
Property Address with S.D.H.P.T. map. i 2It
VISTA Verified\Enhanced 308 MUNICIPAL DR PO BOX 771 YESTA HM:: 1380562
City:atid Zip: LUBBOCK, TX 79408 Dist=ee/Direc ion::.::::::: 0.23MI / W
DETAILS REGARDING: UST / SRC# 1787 : A enc : IIi 0018275'
Agency Address: SAME AS AROVE
Underground Tanks: 5
Aboveground Tanks: NOT REPORTED
Tanks Removed: NOT REPORTED
s s
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.
r•
WETAILS REGARDING. I UST f SRC# :1797. I Agency! ID :J.
.I Q018275 ,
DETAILS:REGARDING.:
UST' f SRC# 1787 :::::
A enc
ID -
OO1i8275
Ageney_Address:
SAME ASABOV .
2
TanklD•
Tank Contents:
DIESEL
Tank e:
NOT REPORTED
Tank Siza (Units):
1000 (GALLONS)
Tank Status:
TEMP OUT OF SERVICE
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #16
I
1
F
Property Address with :.. S.D.H.P.T. :Duo,ijm ` 2B
VISTA Verified\Enhanced: 308 MUNICIPAL DR PO BOX 771 VISTA IIli� 1380562
City and Zip6 LUBBOCK, TX 79408 'oni::::. 0.23MI / W
..... ... ....... -
DETAILSREGARDING.r: : UST '%'SRC#1787 A¢encv ID _:: "' 0018275
Property Address with LUBBOCK POWER LIGHT jj Bn IIS#' ' 2B
VISTA ,Verified\Enhanced 305 MUNICIPAL DRTSTAII3 251478
CiEy:and Zip. LUBBOCK, TX 79403 Distance/Direchon 0.25MI / W
e+
Agency Address:
UST'/ SRC#1787►
LUBBOCK POWER LIGHT
305 MUNICIPAL DR
LUBBOCK, TX 79457
Address: I LUBBOCK POWER LIGHT
305 MUNICIPAL DR
LUBBOCK, TX 79457
DETAILS REGARDING: UST /. SRC# 1787 A' enc :II? 0(tXT252:..:::::: .
Agency Address: LUB13OCK POWER LIGHT
305 MUNICIPAL DR
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #17
I
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1
1
1
.. .: -
PropertyAddress,*itli :: .�:..
VISTA--,Verified\EW=ce&
City anizip:
MUNICIPAL HILL FUEL FACHM
302 MUNICIPAL DR
LUBBOCK, TX 79403
. .. .. .......... —.q
28
0.29*9 / W
:3669097
.. .... ....
DETAILS REGARDING:
UST./SRC#1787.!.1.:.-*. -::JAkrency][D
.. ...... . ..
0062576
Agency Address:
MUNICIPAL HILL FUEL FACILITY
302 MUNICIPAL DR
LUBBOCK, TX 79457
Underground Tanks-
3
Aboveground Tanks:
lanks Removed:
NOT REPORTED
NOT REPORTED
DETAILS -P.EGARDING.-::
....... ....
...... . A JID*.....
UST ] SRC# ][787:! ... .. ...
006157746::�:
Agency Address:
MUNICIPAL FULL FUEL FACILITY
302 MUNICIPAL DR
LUBBOCK, TX 79457
1 MRN
7
Wri .1 too I
M u4M*V1=qM
pirm.w.610) 1 .0 ,
I DEWLS REGARD11.V17.-.:::A1--J9T 1.
1 Agency Address: MUNICIPAL HILL FUEL FACILITY
1302 MUNICIPAL DR
Agency Address: MUNICIPAL HILL FUEL FACILITY
302 MUNICIPAL DR
LUBBOCK, TX 79457
Tank ID: I
Tank Contents: GASOLINE (UNSPECIFIED)
Tank[AgM- NOT REPORTED
Tank Size (Units): 15000 (GALLONS)
DNS)
Tank Status* ACTIVEAN SERVICE
Leak Monitoring* NOT AVAILABLE
Tank Piping: BARE STEEL
Tank Material: BARE STEEL
XNV
VISfA
For More Information Call VISTA Environmental Information at I - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #18
WF
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RISK: AT ST1'E A., I,,ADJAG AREA iwiltidut 5/8 mum O1.IT
Property Addreii with CITY OF LUBBOCK GARAGE Man ID#r 3
VISTA Verified\Enhanced 600 BLK MUNICIPAL DR Vlq A ID#: 4557090
City and Zip: LUBBOCK, TX Distance/Mrection: 0.33MI / N
i AC 'T
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Property Adss with
dre
VISTA Verifiad liinced :
Cityand Zip:
SCRUB A DUBB BARREL CO
810 N ASH ST
LUBBOCK, TX 79403
�Qgn Yt)#:
4A
3IIW ID# :i
371936
..
:Dig taucelDrrection
0.39MI / NW
DETAILS REGARDING. :
RCRA-SmGenI SRC#' 1372 :: `
13PA ID :
TXD097054878
Agency Address:
SCRUB A DUBB BARREL CO
810NASH ST
LUBBOCK, TX 79417
Generator Class:
GENERATORS WHO GENERATE 100 KG./MONTH BUT LESS THAN 1000
KG./MONTH OF NON -ACUTELY HAZARDOUS WASTE
Generator Requirements
Violation*
NO
Violation of Corrective
Action Scheduled:
NO
Land Requirements
Violation:
NO
DETAILS REGARDING..: CERCLIS /SRC# 1722 EPA ID:: TXD097054878
Agency Address: SCRUB -A -DUB BARREL COMPANY
810 N ASH AVE
LUBBOCK, TX 79417
EventType: DISCOVERY
Lead Agency: EPA FUND FINANCED
Event Status: NOT REPORTED
Start Date: NOT REPORTED
Completion Date: JANUARY 01 1981
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #19
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::>::::::":>:: RTSIAT SITR.I�I TBK ADJAGIT AREA { S/$ nuMJf31+IT
Property Address with :: SCRUB A DUBB BARREL CO Moo 1D#,-: :: ":.' 4A
VISTA.Verified\Enhanced 810 N ASH ST VICI'A 371936
City and Zip:. LUBBOCK, TX 79403 Distauce/Direction: 0.39MI / NW
DETAILS REGARDING: CERCLIS /`SRC#'1722 EPA'ID :.: TXD097054878
Agency Address: SCRUB -A -DUB BARREL COMPANY
810 N ASH AVE
LUBBOCK, TX 79417
EventTyp:: PRELIMINARY ASSESSMENT
Lead Agency: NOT REPORTED
Event Status: NOT REPORTED
Start Date: JANUARY 01, 1981
Completion Date: JANUA Y 01, 1981
DETAILS'REGARDING: CERCLIS L:SRC#`1722 ...._' .I ` EPr�1 ID TXD097054$78
Agency Address: SCRUB -A -DUB BARREL COMPANY
810 N ASH AVE
LUBBOCK, TX 79417
EventType: SCREENING SITE INSPECTION
Lead Agency: NOT REPORTED
Event Status: NOT REPORTED
Start Date: NOVEMBER 01, 1984
Completion Date: NOVEMBER 01, 1984
p'i�ope;Ey Add# -with-
WEAVER, H.D. DITCHING CONTRACT
;j an:I1h#: ' '
4B
VISTA VeirxfiedlEnhanced
101 E HARVARD
VL4TA _ :°
1375065
ity ind Zip:
LUBBOCK, TX 79403
..:......... .. ....:....... .
:.......................... out: .:
0.4.S1VII / NW
IIET'AIL:�REGARl3ING:
DSO:/:SRCI787::: ::::::
:►..........,ID:::
0012i49::..::
Agency Address:
WEAVER, H.D. DITCHING CONTRACTOR
101 E HARVARD
LUBBOCK, TX 79417
2
Underground Tanks:
Aboveground Tanks:
NOT REPORTED
Tanks Removed:
NOT REPORTED
Agency Address:
WEAVER, H.D. DITCHING CONTRACTOR
101 E HARVARD
LUBBOCK- TX 79417
NIP,
VISTA
For More Information Call VISTA Environmental Information at 1 - 900 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #20
k
7
..........._......,....._...........::::::.wravax:rw. ...:::......
Property Address with WEAVER, H.D. DITCHING CONTRACT 4B
VISTA.Verified\Enhanced 101 E E ARVARD VISTA ]W 1375065
City and Zip: LUBBOCK, TX 79403 Distance/Ditectioi 0.45MI / NW
DETAILS REGARDING. UST / SRC# 1787 : A enc ID • . 0012149
Agency Address: WEAVER, H.D. DITCHING CONTRACTOR
101 E HARVARD
LUBBOCK,,, TX 79417
Tank ID: GAS
Tank Contents: GASOLINE (UNSPECIFIED)
Tank Aga, NOT REPORTED
Tank Size its): 3000 (GALLONS)
Tank Status: ACTIVE/IN SERVICE
Leak Monitoring: NOT AVAILABLE
Tank Piping: NOT AVAILABLE
Tank Material: NOT AVAILABLE
Property Addresi with TRUMBLE STEEL ERECTORS, INC Mao 1f1>i 5
VISTA Verified\Enlianeed PO BOX 2854 42A ERSI�NE1S If'A iil 1401371
City.and Zip-.,LUBBOCK, TX 79403 Distancell�liirect<on D.47MI / NW
Agency Address:
Underground Tanks:
Abov"nd Tanks -
Tanks Removed:
UST / SRC# 1787 A
TRUMBLE STEEL ERECTORS, INC
PO BOX 2854 420 ERSKINE
LUBBOCK, TX 79408
- .. -............................................._....... ... ...........
._...._..........._.................._..................
D . G
ETAILS:RE ARDING :DST: /SRC# :I787 A ID 00410s2 . : :
Agency Address: • TRUMBLE STEEL ERECTORS, INC
PO BOX 2854 420 ERSKINE
LUBBOCK_ TX 79408
DETAILS REGARDING. UST: / : SRC#:'1787 - A enc ° : Tb 0041082
Agency Address: TRUMBLE STEEL ERECTORS, INC
PO BOX 2854 420 ERSKINE
For More Information Call VISTA Environmental Information at I - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #21
1
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,�i
Property :Address
' with TRUMBLE STEEL ERECTORS, INC Map HD#: S
VISTA.Verified\Enhanced. PO BOX 2854 420 ERSIONE V IS'#'A IIi# 1401371
City and Zip.--.- LUBBOCK, TX 79403 Distince/birecdon: 0.47MI / NW
I T)F_TAII S RFGARDING-.-. IilSr X CRr.# l7R7 lA'mmm, TT):-:,-:
Agency Address: TRUMBLE STEEL ERECTORS, INC
PO BOX 2854 420 ERSKINE
LUBBOCK, TX 79408
Tank ID: 4
Tank Contents: DIESEL
Tank Awe: NOT REPORTED
Tank Size nits): 10000 (GAT LONS)
Tank Status: ACTIVE/IN SERVICE
Leak Monitoring: NOT AVAILABLE
Tank Piping: NOT AVAILABLE
Tank Material: NOT AVAILABLE
I DFTtI1GSlREGARDING. EiLST 1:SRC#1787 ` : IiAQencv:ID I ` : i1004:1082 . :: I
Agency Address: TRUMBLE STEEL ERECTORS, INC
PO BOX 2854 420 ERSKINE ''A
LUBBOCK, TX 79408
Tank ID: 3
Tank Contents: DIESEL
Tank Age: NOT REPORTED
Tank Size (Unitq): 10000 (GALLONS)
Tank Status: ACTIVE/IN SERVICE
LeakMon�itrnine: NOT AVAILABLE
Tank Piping: NOT AVAILABLE
Tank Material: NOT AVAILABLE
` e
Agency Address: TRUMBLE STEEL ERECTORS, INC
PO BOX 2854 420 ERSKINE
I DETA9lLS REGARDING. : M UST I SRC# 1787 jr]Aeencv I0041082 I
Agency Address:
"STA
TRUMBLE STEEL ERECTORS, INC
PO BOX 2854 420 ERSKINE
LUBBOCK, TX 79409
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #22
1
I
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Property Addre•s with
VISTA Verified\Enlianced :
Citp'and Zip:_ `.;::: -:
HOC BULK PLANT
406 ERSKM RD
LUBBOCK, TX 79403
1Ginn ID#
5
1796316
'X•
DistancelDi�.ow ::.
......
..... _..... _ ....... .....
..........
0.49MI / NW
DETAILSREGARDING:::.:
AST /SRC#' 1787 ......:; .: ..:::'I
A e
0010321'
Agency Address:
HOC BULK PLANT
406 ERSKINE RD
I_USBOCK_ TX 79401
Undereround Tanks:
5
Aboveground Tanks:
Tanks Removed:
3
3
"
DETAILS REGAk6NG:..
_......... ..
ASr / SRCA787 _010321
Agency Address:
HOC BULK PLANT
406 ERSKINE RD
LUBBOCK. TX 79401
.. \• ( '•(
( MIX • \
DE G G:
: AST:/:SRC#;!1787 .-.-
Agency Address: HOC BULK PLANT
406 ERSKINE RD
LUBBOCK. TX 79401
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MW16661,
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M-1 WIMP
::
DETAILSREGARDING. AST / SRC# .1787
Agency Address: HOC BULK PLANT
406 ERSKINE RD
LUBBOCK, TX 79401
Tank ID, 1
Tank Contents: EMPTY
Tank A ge- NOT REPORTED
Tank Size (Unit: 10000 (GALLONS)
Tank Status: PERMANENTLY OUT OF SERVICE
Leak Monitoring: NOT AVAILABLE
Tank Piping: NOT AVAILABLE
Tank Materials BARE STEEL
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version: 2.0 Page #23
1
1
1
1
1
1
1
1
1
1
PE
.01
.... -:.: IAAy ;ti :.Zl A R'i A 17UJ.-iX [7l!?: f
Property. Address with HOC BULK PLANT
VISTA Verified\Enhanced 406 ERSKINE RD
City and Zip: LUBBOCK, TX 79403
DETAILS REGAI
Agency Address:
Vit l'A'm# 1796316
Distauce/D ection 0.49M1 / NW
AST %`SRC# 1787 A' eec ID 0010321
HOC BULK PLANT
406 ERSKINE RD
LIJBBOCK, TX 79401
I'DET'AILSREGARDING. EAST:/:SRC#1787 i s l.AeencvID 10010321 :. I
Agency Address: HOC BYLK PXIAT
406 ERSKINE
Tank ID-
. r . - L r 1,1,1 • �
,r, a -�� �•
....................
_........- _.. ..........._ ..........._...... .-_.... ... ._-._ __
DETAILS I.. �GARDING .: AST l SRC#:1787A e ID Q010321
Agency Address: HOC BULK PLANT
406 ERSKINE RD
LUBBOCK, TX 79401
Agency Address:
A enc ID " 0010321
HOC BULK PLANT
406 ERSKINE RD
LUBBOCK, TX 79401
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #24
7
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Property Address with HOC BULK PLANT MID#e 5
VISTA.Verified\Enhanced 406 ERSKINE RD WS-TAID# 1796316
City and Zip: LUBBOCK, TX 79403 Distance/Direction. 0.491M / NW
DETAILS REGARDING.- = .AST /'SRC# 178? :::c: A enc 'ID 0010321
Agency Address: HOC BULK PLANT
406 ERSKINE RD
LUBBOCK, TX 79401
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DETAILS: REGARDING: LUSL' /I SRC#:1827 " :. A silo iIS : '. : [: 9r9274
Agency Address: HORKEY BULK PLANT ;.
406 ERSKINE RD
LU13BQM TX 79408
- .77
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Addreawt::'SOUT$PLAINS ELECTRI CO-OP
NISTA:VEfin: 5
110 N 1127 �} 111 r=== 2582000
Ctty;and Zip. LUBBOCK, TX 79408 0.5IM / SW
DETAILS REGARDING. .:: UST / SRC#::1787 Age ID. IJOD3235:: .
Agmey Address: SAME AS ABOVE
Underr"nd Tanks- 6
DETAILS REGARDING:::: UST % SRC# 1787 A enc ID 000323$
Agenc3%Address: SAMfi AS ABOVE
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For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #25
1
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Property Address with SOUTH PLAINS ELECTRIC CO-OP MapID## 6
VISTA Verified\Enhanced 110 N I27 VISTA'ID#_ 2582000
City and Zip. LUBBOCK, TX 79408 DistancelDtrect on 0.551M / SW
DETAILS REGARDING: - UST / SRC# 1787 _ °° A enc ID 0003235
Agency Address: SAME AS ABOVE
Tank ID: 1 A
Tank Contents: GASOIJN . (UNSPECIFIED)
Tank Age: NOT REPORTED
Tank Size (Units): 10000 (GALLONS)
Tank Status: ACTIVE/IN SERVICE
Leak Monitoring: NOT AVAILABLE
Tank Piping: BARE STEEL
Tank Material: BARE STEEL
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1.1 •►
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ATA
[oil WRI'll I Will)
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DETAILS REGARDING IUS . / SRC# l787 1:Aeenev ID 10003235: I
I nFTAMS RF_GARDING.::: kUST /SRC#:1787 aA�encv:iD _. ::[.00Q3235
x1r,
VISrA
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #26
1
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...IAT �E(iW
....... ..PropertyAddress :with SOUTH PLAINS ELECTRIC CO-OP iHen TD#• 6
VISTA Verified\Enhanced 110 N 127 VISTA ID#_ 2582000
City and Zip: LUBBOCK, TX 79408 Distance/Direction: 0.55MI / SW
i 111
,, ., • I►1 ll► NI�1 s
►• 1
Property Addreso with TRACT A PK ADDITION Mangy, 7
VISTA.Verified\Enhanced:: 1201 N ASH VlSTA "i 1390965
City. and Zfp: LUBBOCK, TX 79403 ce/Direetion�. 0.621%H / N
A DETAILSREGARDINGUST/SRC#:1787 e.... Agency Address: TRACT A PK ADDITION
1201 N ASH
LUBBOCK, TX 79408
DETAILSREGARDING.. UST/ SRC#'1787 A enc III 0018730
Agency Address: TRACT A PK ADDITION
1201 N ASH
LUBBOCK, TX 79408
YTi17t�
Y r. I.: ..
le
"SrA
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #27
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Property: Address`. witli TRACT A PK ADDITIONIDe.:... 7
VISTA.Verified\Enhanced . 1201 N ASH ViCPA 1i)#_ 1390965
City and Zip:. LUBBOCK, TX 79403 Distmce/Dirkdons : 0.62MI / N
DETAILS REGARDING: UST / SRC/11787 .. Agency ID 0018730
Agency Address: TRACT A PK ADDITION
1201 N ASH
L TRH BOCK, TX 79408
Tank ID: 1
Tank Contents: AGENCY REPORTS THE UNDEFINED TERM "OTHER"
Tank Age: NOT REPORTED
Tank Size (Units.): 8000 (GALLDNS)
Tank Status: TEMP OUT OF SERVICE
Lek Monitoring: NOT AVAILABLE
Tank Piping: NOT AVAILABLE
Tank Material: NOT AVAILABLE
E�7 l�PI �C7�C�l►I 0iffi--AMURI_81i0•WI—OFA Et;
Property Address :with : MCCANDLESS RENTALS M90;1D 9
VISTA Verified\Eiiliadaed' 624 E LEHIGH "VISTA:iD#! 139_5281
City and Zip:, LUBBOCK, TX 79403 Dis0.731UI / N
T.rT .. ..
i.���AILS REGARDING. / UST SRC# 1787 Aeendv ID 0023574
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #28
PM■
. .......... ...... ......
......... .....
..... . fUSK--AT--- 'SC
........ *Xwv%WAJW.l.A'; ..............
.................. ....... w� ......... ... -- ................................ ....... ......... ---- ........................
Property. Address withMCCANDLESS RENTALS r"Pjw;:— . -, ... 1 19
VISTA Verified\Enhanced 624 E LEHIGH VISTA IW!1385291
City and Zip-. LUBBOCK, TX 79403 Distance/Diriction: 0.nAG / N
. ... . ..... ..
I DETAILS REGARDING. IUST /SRC#1787: 100235741�
. I AL,,wv ID::::: . .
Property: Address. w,itli:'. 'illi?]F,,S"IMWAREHOUSE-LUBBOCK,LT Map: 10
VISTA Nerified\E:,, 800 2ND PLACE 3666351
City and Zip.: LUBBOCK, TX 79401 .0.74M SW
.�
DETAILSREGARDING-
Z....... Ake JD. : .0062953
Agency Address: I SAME AS ABOVE
Underground Tanks- I
Aboveground Tanks- NOT REPORTED
Tanks Removed: NOT REPORTED
./:MC#11797:::!:::::::::::::::::::::::::::;:.::::::;::::::: IA.i :..M:: 11 i�2953....
I DETAILS REGARDIX6.- I UST: :::::::: � : ::
Property.Address:v:itli:: FOREST PETERSON ASSOC INC 10
VISTA WrilleJkEnfiinced: 800 2ND PL 3941342
City and.Zip-, LUBBOCK, TX 0.74M SW
.... . ..... ........ . ...
DETAILS REGARDING. LUST: [SRC#l827.:'::---:--
Agency Address- SAME AS ABOVE
Tank Status: NOT AVAILABLE
Discovery Date* JCS, 1992
Media Affected: SOILJSAND/1,AND
Substance: NOT REPORTED
Quantity (Units)- NOT REPORTED
Leak Cause:— REPORTED AS "UNAVAILABLE" BY AGENCY
Leak Source* NOT REPORTED
Remedial Action NOT AVAILABLE
Remedial Status 1 CASE. CLOSED/CLEANUP COMPLETE
Remedial Status 2& NOT AVAILABLE
Ir
MSrA
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #29
Property. Addresa:vsith OLD KQITBALL SERVICE CENTER 10
VISTA.Verified\Enhanced: 2ND ST AVENUE G Vi4['A ID# 1798925
City and Zip: LUBBOCK, TX 79401 IhstancelDlrection 0.74MI / SW
DETAILS REGARDING: UST /SRC# 1787 .
A ena .II1 : 0057888
A=cv Address- SAME. AS ASOVR
Underground Tanks• 7
Aboveground Tanks: NOT REPORTED
Tanks Removed: NOT REPORTED
DETAILS REGARDING.::: l UST: / SRC#' 1787 I:AeencvID I U057888: 1
DETAILS REGARDING:.:: f UST: /SRC#i'1787 ::::: ..: � l Aeeecv ID l ffly-888_ ::...:-. I
o . Xr r ,
\ •
:ON
ul :•
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,. Ir
,,, , Lh1.1 •\
VISrA
For More Information Call VISTA Environmental Information at 1 - 900 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #30
..0002� IM
9
hFTAIl_S:1tFr.ARnINir- 1T.v /:SRC# 1797 Avennv Y)
: u :I:R� 7i1sI
NMI, -I - , ► ; ' • "a Mow.,1 1►1• Ohl DINO """TROT .1
, ►• ; ••;
so
I DETAILS. REGARDING. f USi' / SRCl/ 1787 .
... W ? 8$
4-0
VISTA
For More Information Call VISTA Environmental Information at 1- 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #31
a
1
,RLSK>,Pl� S1�F,�JK'..WsF�rr SURRO[[Ni?1 Il A if:/i �tii iuuii:3f4; 11a>tilc)
Incinerator:
Storage/Treatment:
Ground Water Violation:
Closure Violation:
Financial Requirements
Violation:
Corrective Action
Violation•
Land Ban Violation:
Other Requirements
Violation,
NO
NO
NO
Property Address wEh EVANS TANK COMPANY jgn 12
VIS2A:etifiedlEnlartced 401 AVE'H' VTS'�'� H� 143750
LUBBOCK- --1, TX 79401 Dist�ince/Drrecbiaiis: 0.94MI / SW
I DEWLS REGARDING: I CERCLIS /:SRC# 1722 I EPA Ib [ T`XD0 3b4U225 :I
I nF.TAIT S RF C:i! RT)%]V('- 1€ F.R('T.Tfi l:CRf d! 7 72 1 F.PA..Tn.! 1'13C1)t13�(lit(YL25
r)FTAIT.:4.RFr.ARINNG�; 1RPA T11:::.. . ......... I'FiCi> R9(IaEYL25: :
NIF,
VISTA
For More Information Call VISTA Environmental Information at i - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #32
hi
I
im
.......... .......... ........ .... ....... &.W . i... ......... I ...... ..............
...................
-AT--- 4 t tWhAldr- ... . ... .... . W . ......... .......... ...... ......... kin AMR
Property Address with.:::: WEST TEX MILLWRIGHT 1-3
VISTA Verified\Enhanced 312 SELOOP 289 lamlw: 2546M
City and Zip:. LUBBOCK, TX 79404 bist"iet"kittion: . . 0.94AH / NW
DETAILS REGARDING. LUST / SRC# 1827
Agency Address: WEST TEX MILLWRIGHT
WR GHT
312 SELOOP 289
1,11BROCK, TX
TMIT rx. In WM 0
0:0 v If. I =I.. M.
... ...... .... ....... ... ......... ...... ...
.Property A4dresawith .... JENSEN CORPORATION
VI
STA Ved\ErAranced::1317 HARVARD 2570392
City. and Zio�..'
I, i � �: � � � .::: :: �: � � i:. LUBBOCK, TX 79403 0.98w / W
IMMI" =14
I OFARIN
FrI - I
DETAILS�RHGARVJNQ
TUERCL0; f
.......................
JU
Agency Address:
SAME AS ABOVE
DISCOVERY
EventType:
EPA FUND FINANCED
Lead Agency:
Event Status*
NOT REPORTED
Start Date,
NOT REPORTED
Completion Date:
AUGUST 01, 1991
61mi IWA
pwmm m M. Im 0
\Nr
VISTA
For More Information Call VISTA Environmental Information at I - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version 2.0 Page #33
0
I
1
Property Address with MCLAIN OIL # 3 Maan ID# 15
VISTA Verified\Enhanced 818 AVE A Vii'I'A ID#: 1369482
City. and Zip: LUBBOCK, TX 79401 Distancd/Direction::: 0.99MI / S
DETAILS REGARDING: LUST / SRC# 1827.. A enc II7 -'..' 105577
Agency Address: MCLAIN #3
818 AVE A
LUBBOCK, TX
Tank Status: NOT AVAILABLE
Discovery Date: NOVEMBER 23, 1992
Media Affected: SOIUSAND/LAND
Substance: NOT REPORTED
Quantity (Units): NOT REPORTED
Leak Cause: REPORTED AS "UNAVAILABLE" BY AGENCY
Leak Source: NOT REPORTED
Remedial Action: NOT AVAILABLE
Remedial Status 1: LEAK BEING CONFIRMED
Remedial Status? NOT AVAIL ABLE
......,......:....... . ..
..:....;:..
No Records Found
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
"'SrA
Version 2.0 Page #34
I
Property Address with VI 1'A: #: .. :. 4009032
VISTA.Verified\Enhanced AVE J
City and Zip:. LUBBOCK, TX
DETAILS REGARDING.: LUST4 SRC#'1827 Aeencv ID.. 93557 . .: .
PropertyAddress with WES TEX AIRCRAFT CORP VISTA ID# : 3843532
VISTA Verified\Enhanced RT 3 BOX 48
City and Zip: LUBBOCK, TX 79401
nFTAIT-: XF.GART)ING-..::: 7;Ti.CT=f.S{2['#-7R27- :::: AdencwiTT) 1I03949' _.
Agency Address: WES TEX AIRCRAFT CORP
BOX 48
1::•
i, t ►•
n .• e- ' : W, :: a �►Y
VISTA
\Nr
For More Information Call VISTA Environmental Information at 1 - 800 - 767 - 0403
Report ID: 056156-001 Date of Report: October 07, 1994
Version: 2.0 Page #35
Xevco
IBORATORY & CONSULTING SERVICES
1
REPORT TO: GRIMES & ASSOCIATES
PO 10% 45
WOLFFORTH TX
ATTENTION: CLARK DELAVAN
SULK ASBESTOS SAMPLE ANALYSIS REPORT
TEST METHOD:
ANALYST SIGNATURE:
D...,ice
REPORT DATE. 10/06/94
40 CFR CH. 1 (1-1-97 EDITION) PT 763,
SUBPT. F APP. A. AGES M-299.
GART L44JN
KEVCO JOB NUMBER:
21476
21476
DATE RECEIVED:
10 06 94
10/06/94
DATE ANALYZED:
..........................•-------•-•--------=--------------............................
10/06/94
I0/0�194
..---------..........
CLIENT SAMPLE ID:
MGC-1131
MGC-2111 �I
PROJECT 10:
I 94155
94155
•'•
------------------------...................................................-----.._...
SAMPLE LOCATION:
I FLOOR TILE
.....------.............
I SHEETROCK PAPER
................................................................................-..._..-------------------------.
IS THE SAMPLE HOMOGENEOUS?
I NO
I YES
........... -...............................
DOES IT CONTAIN LAYERS7
-......................................................................
-.....................................
I YES
---•--•-------------------------
I YES
------^-------..................
..........
1S THE SAMPLE FIBROUS?
I NO
I YES
---....... ..................
----------------------------------
SAMPLE COLOR:
......................... .......................................................
-----------------------
I-OFF-WHITE/BROWN
-----------------------
I TAN/GRAY I
---.... ...................
SAMPLE CONTAIN ASBESTOS FIBERS?
I NO
NO
ASBESTOS TYPE AXD PERCENT:
.- I
-
II
----- ----- -------- ---------------
TOTAL PERCENT ASBESTOS:
-- -- ---- -- --- -•--------
I 0 PERCENT
------------ ---- -------- .,.....-•------.........
I 0 PERCENT I
----------------------------------------
---------------------------------------
FIBROUS . FIIITERIALS AND PERCENT:
---------------------------------
I CELLULOSE 01 - 05
-
I CELLULOSE 85 • 95
.
............................. ------I.....................----.---------•----•-----.........--------------------
NONFIBROUS CONSTITUENTST
MATRIX
BINDER
-- --------------------------------
DEVIATION FROM TEST METHO:
----------------------------------
I *1-
----------
I "2
----....... 1----........
- THIS TEST REPORT RELATES DNLY TO THE ITEMS TESTED AND MUST NOT BE REPROOUCED EXCEPT WITH THE
APPROVAL OF THE LABORATORY.
- ALL SAMPLES WILL 1E DISPOSED OF 90 DAYS FOLLOWING SAMPLE RECEIPT UNLESS QTKRWISE INSTRUCTED BY
THE CLIENT.
UNDER CURRENT EPA REGULATIONS, AN "ASBESTOS CONTAINING MATERIAL" CONTAINS MORE THAN 011E PERCENT
ASBESTOS,
- UNLESS OTHERWISE STATED, TEST METHOD ODES NOT UTILIZE POINT COUNTING. GUANTITATION OF COMPONENTS
BY VISUAL ESTIMATION DURING MACROSCOPIC AND/OR PLM EXAMINATIONS,
UNDER CURRENT NESHAP REGULATIONS, 40 CFR PART 61, ASBESTOS CONTENT IN SAMPLES WITH LESS THAN 10
PERCENT ASBESTOS MUST BE REVERIFIED BY PLM POINT COUNTING.
*1 MATRIX OF SAMPLE DISSOLVED IN TETRAHYDROFURAN, HEATED, EVAPORATED, THEN ANALYSIS CONTIMAS ACCORDING
TO TEST METHOD.
*2 SAMPLE RECEIVED WT; SAMPLE DRIED PRIOR TO ANALYSIS
SERVICES INC. * t90 PITTSBURGH ROAD * BUTLER, PA 16001 TEL 412.586-6343 FAX 412-S86.2172
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APPENDIX - C
STATE OF TEXAS ASBESTOS LICENSE
C.1 Consulting Agency Asbestos License
Grimes and Associates State of Texas License
I
1
11
I
I
I
1
\:: •err s d•�11r !,' ,� „
' •f
, :•,r.::'GRIMES4&f,As
is,'1icensed ?`a
` in they!` State.,of .:.Tex 4s within r• ! v
' ras. S:r t. .6r ''•i` .!r'•�.' i i+�t�+''' +�' R fi, •�lY':•` d
:as: ,amendedj4�so'I:;:lorg,4,`s. thisL
w according: to ;fiie.:rules,.adpted4by,th
License Number ,(—,:
• '•0j,! •i'' ,. ti . � ' =:fit 'H'
Issue Datet.
`21
•%•:12/21/94
�� \ • Expiration Dale
• ri: .. r.,.i'a.J-{ .5•��,.7 ui 1"9�d3_'r7 ti!:i.
This certificate is void_ ,' �A• 1;`� ``�`
alter eX iration date i' :;+• F•�" '"+'' '�'•!
t without a current renewal- _ ' • sLr,+i ,,F'a ry'
identification card "'i' 'f "y`
displayed here,:.
i �yy,,n; �'(.ra "'?`. %4• �f'1- +:i� ..?�.�:;;.`..: ..: � ty,,\I:�". a..,1.3i b. f:� }`. f! :,
.. •:�t�:.; :�s:��;i�': �,+ :#� ,5�!a,.',Cr .ter ' '_ A �i' °ssr• .� ;�;'�. �„ �}.
[C'�p:. A..,h ••=. +;s i,y��; .�ry*Yl�•!ti!?r .:} .'�: 'lf �{J.,1 �tF�,+..+- ,r �"•f"�;' :t•.. • 1,•
7�'`yM�i._•`ki??:jS%...:fi!=�.1 ..,t�.•t�yU:c':• "Y"!%`; :'1°:.:11• ;r� '+� '-1
i e. 'Y''i.N4irN3y'f7Y fir` ,%%:
t i.r:.:�''j'Ltj L•a.'
It x. J.
r,".',•t`1St4ti(,.}r�iCr•�L^7,>R.�r. i.t`ir•'�:,. �.7 �" .-��.u�- •ii •°i.+; 'yCJ.'+•'•••'` "r'`w �'�'':ii.
�s' ,.(,.: S+4i; .. a1. 1 •v..+J�:i.'}. ; 1*.' ti, I ` r �.1,,j _
,.
'•f.r:al ii.�r .�: i._.a
t... �!„•' , « `'t''
` , f � i i,� �• ^. ..��A i • ::f�;,.: � �Y...tJ �' 31'' '' t ��: fr: jl�:•y' , "• y
r n"•�:?,�:is,�,•�•' o-+i.�!�=, 's�-`.".;j y: yy+�!�S !.! •1•;.. ;f•.i:; rt;. .v ! .i .,.,
111N aTH'AyT I.. , '�(i + `,)L' , ' �•i.;• i S'
iit t A•}��,'!'i'l,;d y .a>��� S i iY S j =; : ,1 ns �: t +, .►p �.. ,•Y :.i' , ; t , tt . %_
ONSULTING.; ENGINEERS . x
ttt �� >, r • :.+,•x''� ' +:r \ d ' �j .i , ,.t• . t.� ••_•'. A•j` ,n 3' . A �� 1
E•fi ;}': ! ';_ •'1. .^'y'n yh�:t.:•�., r.4. '<s .. :aky ,:.-. :�r•••''••" .(<,`w, •j'.�j .>+
i rN.•'/ 0•:zA .,pr a:. ••4 •,, ii; }��'7:t•ois
! a �A' �,^:1 J,'`1,%j'Ir}. .�'"S'��• •L: "I.t: lt�,;..�� „ ..t e.• t1' .t'�a''�,vy:;ya�•,:
. , b .t, iz{' 1.i•n •f+tl••• .•�A•Ij,•r•' 1� ••tt� t•
�!ft.'r arform� ,rash•-.ari >, .%,�A'f�;• , .., .�,,, .+��' 1:`;j�•, .:7:1% `.',.
;s4t*.;,L 1 i. by �, .• ..1 r•1
.a qti .d .fr .• .: ?.j. t It.'
ENC, 4.,. j;I:�{�i+:4' ��' •r,' ;'�� .r!'.:"r '.�'t •-i! 1:..' •{ +ir' "ti `+a IH
.yt, 't y:il.••r 9�i•�+•1.,'' .•��,.•i! �2.{ ':};• _t at% .iv:J ,' [r.�.�•• J.
<;.;r� ' '.�P"' ..r t�'i.•241•+i• :•,i':. yi a,. 'r•�:�.1�' t•'s•.t�»� , y. ;i' ,�.�;
�1 } M �� °V�il'Y t'�i`�t+.vt'' +Y'�.! i�. '•N4•;�a.' • • . ' S'i ' ; L»:, . ,a • Lam: ` n+t c j•"- L1 A a
Fit, �r�.k* � �1 J�kry T +.r�� =J +{tl ! ++ k:..y � : }•� r: (M1I° �. f�
� ?of- Texas ; Cl.
ii.yIE !Statute`s; �. •'Article• ;4477-3a,.;.,'
f .•h1. "ij L 'J. Afr' ••,' •13 .:!�+%.. N f i •K , ' �11� ^i :
1 s` stttt,,•,•,pp/, �q.nde o[,P,1.evoked" x-anc8� 'is .'! renewe•d�`��
•••d''1t ,Ob"'-��+�•�' •(�t u(�� '! ts. ''•��' ..i'%':• ..!'. F)�✓-.. .tom.•,+` .:`,r•<'a. • J
rct�,o •Flealtil. •: _ti ,.11 i ;.'.•f:/:_:`�.:.•r. A•' '•�' I.�• \✓�'`j•,:
' 1• ..y.+,;�"�;ql• ,:at `,.tr 6'..: ,,l1ir: dr>" 'Lly j` ,'� .�
'i.;� }:°.• s ',, is {j, �'•`�,rr <.:;•A_ '•' r5, 'n' r.
its,
,+{y�4i. .�t71a 1 ,aY�,..: 'Tti.a''!• fit)'. •.�'•t
pAY.1 •M,1 r �'
.a SJoel FIs.,Srriilli; P.E:+= ! ,.'
Chiei,aAsbestos Prorams8•r,anch~• ',r_`.
; rr :{i. dccupationof Health Divlsion�:;.'4
•!" p �+':�'•i 4?r'tf:.. i,•; .J'�.; t.'.!�'; + ••r l I • . ,•i • . i. sf ••^::
tY�, t i4' t .'• �' +r'S' �• yt: _''Is' � .. `:)' -:7:• ^ ,r:
..% � .•,.! 1 t f 1. 1 ' ( r+•t'^ f '.1 ' '
Si
."David A: Smilh,,M:p; u7.:.:
..t. 1; .Ci;tir `ice•. L•••'�a`:%• •1' ''t� :S`
nF•�iS-,.`.:y..,,..�,��;�a,"Commissioner.ol; H_eaHh.y'ti: .rrt: ,;. �bi::'•,�w .T`..;.`_i.{.J(
;•�01+.�ti+;Pay^�7�+,.:. •'k;•=Y.''a':'::: ,.!!L::f:'i` ir�'''"'' .''.•+'.�,,�ti�=:'��' "i•i4.1.._-. �'=4��%t't�i.
✓.niti'-�"1•st'- + +.Y"•��Jp., `rr.%i%:•Y ..;1,: i•:�'„'.,.. +r"• a�+G:`!1:`Y'I�'•'' ,��<•'L• ,`'�
„`_ '«'4.wr: 4''tr+ .sr1'1;•;:•s tr,i .:�;,k �•'°''i`,`T�'•ti• •�''-i+;"++'�•'=:-•ZtPi;:.a
•i� � l: �� :':_'- it! •ram },•• .
Z%TER:ED, =N+ON=`,-RAN 'F RArB r ? .z' ;':;!, ";
-irx.,^'r�.,Jl it. :, 'f�: .f , �i,.:.:: :.;ri.{°t:�r ,.�, E� .7 i• 'a •a S:
'i :, ,.•, :s. �,: 'r: .. .. :#; .: .' ter••'
November 18, 1994
Mrs. Betty Johnson
City Secretary
City of Lubbock, Texas
P.O. Box 2000
Lubbock, Texas 79457
Dear Mrs. Johnson:
RECEIVED
NOV 211994
CITY SECRETARY
The following is a range of maximum rates and fees to be charged at Meadowbrook Golf
Course during its 20 year operation by Fore Star Golf. This submission is being made as
required by the contractual agreement between the City of Lubbock and Fore Star Golf.
We know and understand that it is our obligation to provide the residents of Lubbock
quality golf at affordable prices. Therefore, we stand by our commitment to keep
Meadowbrook's rates competitive.
By proposing a range of rates and fees to be charged for the next 20 years, the City of
Lubbock can continue to control the fees charged at its facility by placing limitations on
the fees charged. Fore Star Golf will then be able to use its expertise to manage the
facility, operations and revenues.
Thank you for your assistance, we look forward to long and enjoyable relationship with
the City of Lubbock.
Sincerely,
Yonke, President
Star Golf Inc.
Section 5.12 Rate and Fee Schedule (Attachment)
GOLF- RATES AND FEES
DESCRIPTION
CURRENT RATE
1995/Improve
FUTURE RATE
Green Fee
$12.00
$13.00
$26.00
(base Green Fee rate)
Cart Fee
$ 8.25
$ 9.00
$18.00
(per rider- 2 riders per cart)
Driving Range
$ 5.00
$10.00
(per bucket)
Future rates represent 1994 dollars and will increase annually by the C.P.I.
FOOD AND BEVERAGE- RATES AND FEES
DESCRIPTION
CURRENT RATE
1995/Improve
FUTURE RATE
Breakfast
$ 5.00
$10.00
Lunch
$ 5.00
$10.00
Dinner
$ 8.00
$16.00
Coffee
$ 1.00
$ 2.00
Beverages
$ 1.50
$ 3.00
Beer
$ 2.50
$ 5.00
Wine (glass)
$ 3.50
$ 7.00
Liquor
$ 4.50
$ 9.00
Future rates represent 1994 dollars and will increase annually by the C.P.I.
PRO SHOP- RATES AND FEES
DESCRIPTION
COST
MULTIPLIER (X)
Pro Shop Merchandise
Wholesale Cost
3