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Home My WebLink AboutResolution - 2001-R0169 - Amendment With Fore Star Golf Of Lubbock In MGMT Agreement - 05/10/2001Resolution No. 2001—RO169 May 10, 2001 Item No. 33 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 an Amendment between the City of Lubbock and Fore Star Golf of Lubbock, Texas, and any other related documents. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 10th day of May 2001. WINDY SITTO , MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Z4,011 Randy Truesdelf Parks & Recreation Manager APPROVED AS TO FORM: 7 o M. Knight Assistant City Attorney JMK:cp ccdocs/ForeStarGolf-City-Amendment.Res May 2, 2001 AMENDMENT STATE OF TEXAS COUNTY OF LUBBOCK § Resolutlon No. 2001-RO169 May 10, 2001 Item No. 33 WHEREAS, the City of Lubbock (hereinafter called "City") and Fore Star Golf of Lubbock, LLC (hereinafter called "Fore Star") did enter into a Management Agreement on or about the 13t" day of October, 1994, which the parties hereto for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, desire to amend as is hereinafter set forth; NOW THEREFORE: WITNESSETH 1) Article One, Section 1.13(a) shall be amended to read as follows: Section 1.13. Term of Agreement. (a) Initial Term: of this Agreement (the "Initial Term") shall be for the period beginning on the Effective Date and termination on December 31, 2024, unless renewed or sooner terminated as provided herein. 2) The Agreement shall be amended to add Article Two -A, said addition shall read as follows: Section 2A.1. Capital Improvements by Fore Star. Meadowbrook Golf Complex Automate the golf course irrigation system — Toro OSMAC or equivalent. This will require the purchase and installation of a new control system. The new control system will improve the efficiency and effectiveness of the irrigation system. 2. Purchase and install a new state of the art pump -station. This improvement combined with the irrigation control system will provide for maximum efficiencies while reducing over -watering and water waste. Provide and install trees. Prairie Dog Town Restore irrigation to the interior of the Prairie Dog Town compound. 2. Add irrigation to the exterior of Prairie Dog Town. This will assist in the establishment and maintenance of native turf grasses and/or wild flowers. 3. Automate the above irrigation with the golf course system. This should reduce additional city labor. 4. Plant the interior of the compound with vegetation. This should provide the ,prairie dogs sufficient food and eliminate the desire to venture outside of Prairie Dog Town. 5. Plant the exterior of the Prairie Dog Town with native grasses and/or wild flowers. This would be an aesthetic improvement to the facility. This includes the area where the existing road way will be demolished. 6. Construct sidewalk on south side of Prairie Dog Town. 7. Construct pavilion and 2 small shade structures on south side of Prairie Dog Town accessible by the sidewalk. Provide and install seating for pavilion and 2 small shade structures. Make the necessary cosmetic improvements to the exterior walls of Prairie Dog Town. Remove existing wall, clean cinder blocks and provide to City — to be coordinated with City. Provide temporary fence to keep prairie dogs in while wall is being constructed. 9. Build new parking area (12,000 sq. ft.) and post and cable barrier to accommodate bus turnaround. 10. Provide one inch (1") of topsoil (850 cubic yards) inside Prairie Dog Town to help establish grasses. Also provide topsoil or fill as necessary at exterior to Prairie Dog Town. 11. Provide and install trees (2 1/2" to 3" diameter) as follows: Red Oak — not to exceed three (3) Bur Oak — not to exceed three (3) Lacebark Elm — not to exceed nine (9) Cedar Elm — not to exceed nine (9) Soapberry — not to exceed nine (9) as available or substitute Lacebark and Cedar elms Mesquite — not to exceed nine (9) All trees except for Mesquite will be planted outside the walls of Prairie Dog Town. Provide supplemental water (preferably drip irrigation) to all trees for first year. Value of Prairie Dog Town improvements shall not be less than $150,000.00. Section 2A.2. Capital Improvements by City_ Prairie Dog Town 1. The City will improve the signage to Prairie Dog Town and Meadowbrook Golf Complex at entryway of Mackenzie Ballfield Complex area. 2. Design, purchase and install interpretive signs for pavilion. Remove and rebuild chain link fence as necessary by parking lot. 4. Remove existing dead trees. 5. Coordinate Montford Unit Trustees for demolition of wall and road. 6. Provide transportation of top soil from Meadowbrook Golf Complex to Prairie Dog Town. Section 2A.3. Considerations to Fore Star Golf The City will dedicate 100% of their revenue dollars from Fore Star Golf to the capital improvements of the facilities for a minimum of five (5) years. The above improvements made by Fore Star will be accepted as part of those improvements. 2. The City will include the above-mentioned improvements as capital improvements to the facilities per the current contractual agreement between City and Fore Star. The City will extend the current lease with Fore Star for a minimum of ten (10) years. 4) Except as specifically amended hereby, all terms of said Management Agreement by and between the parties shall be and remain in full force and effect. Section 2A.4. Water Conservation. In the event the City is required to implement a water conservation and rationing plan for its system then in such event Fore Star shall cooperate with and assist City in developing, implementing and maintaining water conservation plans, programs, and rules incorporating loss -reduction measures and management practices, techniques, and technologies designed to insure that water made available under this Contract is used in an economically -sensitive manner and designed to reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, and increase the recycling and reuse of water. Fore Star agrees that if water supplies or services are curtailed within the City, Fore Star will cooperate by imposing conservation measures upon its use. City's obligations under this Contract shall be subject to water conservation plans and drought contingency plans adopted by City or required or approved by the Texas Water Commission, the Texas Water Development Board, or any other or additional federal, state, or local regulatory authority with power to require or approve water conservation and drought contingency plans. In the event the City is required to obtain permits, or be placed under any restrictions, pertaining to the use of water, from any regulatory body or agency having jurisdiction over same, the terms of any such permit or restriction shall be binding on Fore Star and Fore Star shall comply with the terms of any such permits or restriction, and any restrictions related thereto, as though it was the holder of such permit and Fore Star's right to access to and use of water, under the terms of this agreement, shall be limited according to the terms of such permit or restriction. EXECUTED this 10th day of May 2001. CITY OF LUBBOCK FORE SPAR GOLF, IN (W" ltta7 WINDY SIT ON, MAYOR By:` W. fVil Title: ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 14� Randy Truesdell Parks & Recreation Manager APPROVED AS TO FORM: ohn M. lGight Assistant City Attorney JMK:cp L:\Cityatt\John\ForeStar-City-Amendment-2 May 2; 2001