HomeMy WebLinkAboutReso - CC - 098-2000RESOLUTION NO. 98-2000
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING EXECUTION OF AMENDMENT NO. 1
TO AGREEMENT FOR OPERATION OF THE BURLINGAME GOLF CENTER
WHEREAS, pursuant to California Government Code, the City of Burlingame and VB
Golf LLC have entered into that agreement known as Agreement for Operation of the
Burlingame Golf Center on November 1, 1999, and
WHEREAS, the City and VB Golf desire to simplify the method of exchanging payments
between the two entities, and
WHEREAS, the City and VB Golf, under terms of the above Agreement, must set a
mutually acceptable date for Commencement of Operations at the Burlingame Golf Center, and
WHEREAS, the City have agreed on the assignment of ongoing responsibility for the
regular cleaning of the Burlingame Golf Center grease trap,
NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve,
determine and find as follows:
1. The public interest and convenience require the cooperation of the City of Burlingame
and VB Golf LLC and the execution of the agreement amendment cited in the title above.
2. The City Manager shall be, and is hereby authorized to sign said Amendment for and
on behalf of the City of Burlingame
3. The City Clerk is hereby ordered and instructed to attest such signature.
/msµ rH. o
MAYOR
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the
18th day of September , and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JAdNEY, SPINELLI, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
FR L..��-
1711•
AMENDMENT NO. 1 TO
AGREEMENT FOR OPERATION
Of The Burlin ame Golf Center
THIS AMENDMENT NO. 1, made and entered into this 6114 day of SPf" I&C�
2000, by and between the City of Burlingame, a municipal corporation [hereinafter "City'% and
VB Golf, LLC, a Delaware limited liability company [hereinafter "Operator"], amends the
Agreement between the parties dated November 1, 1999 [hereinafter "Agreement"].
RECITALS
WHEREAS, City and Operator now have the experience of establishing and opening the
Burlingame Golf Center and desire to amend the Agreement to better clarify procedures and
responsibilities for the parties pursuant to this Amendment No. 1,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Paragraph 2.01(1) is deleted in its entirety.
2. Pursuant to Paragraph 2.03(B), the Commencement Date is March 4, 2000.
3. Section 2.12(C) is amended to read as follows:
"C. Incentive Management Fee -Operations. Based on the proposal made by
Operator and accepted by City, Operator will earn an Incentive Management Fee
for its performance with regard to its management of City's Golf Range. The fee
is based upon the Gross Receipts derived from range ball and other City revenues
collected by Operator. Provided Operator then is current in its payments to City
under Sections 2.13 and 2.15 hereof, City will pay Operator 10% of gross range
ball and other City Gross Receipts as an earned Incentive Management Fee.
Operator and City have jointly developed operational procedures for sales and
accounting reports. City will develop a daily report of sales and financial activities
compiled from data provided by golf ball dispensing equipment at City's Golf
Range; from Operator's point of sale system; and from data provided by Operator.
In case of discrepancies or differences in accounting figures, Operator and City
shall meet and resolve such differences to the satisfaction of the Operator and the
City.
Closing statements shall be developed by the City on a semi-monthly basis.
Closing statements shall account for the Incentive Management Fee earned during
the previous semi-monthly reporting period. The earned Incentive Management
AMENDMENT NO. 1— August 28, 2000 -1-
Fee, less the amount due for the same period from Operator to City for City's
percentage of gross sales of Operator's Golf -Related Activities, shall be paid to the
Operator on a semi-monthly basis,. Should the amount of the City's percentage of
the Operators' Golf Related Activities due for the period be more than the earned
Incentive Management Fee for that period, City will bill the Operator for the
difference."
4. Section 2.13 is amended to read as follows:
"2.13 Payments to City for Operator Golf Related Activities. Operator will provide golf
instruction, merchandise sales and food and beverage sales for the public utilizing City's Golf
Shop and Golf Range. In exchange for the use of these facilities, Operator will pay the following
to the City:
From gross sales derived for individual golf instruction ----------------- 5% of Gross Sales
From gross sales derived from group golf instruction -------------------- 0% of Gross Sales
From gross sales derived from merchandise sales from BGC ------------ 2% of Gross Sales
From gross sales derived from food and beverage sales from BGC ----- 2% of Gross Sales
PayMelft fbL ead, nionth will be made to City by the end of the next month- For purposes of this
Agreement, "group golf instruction" means concurrent, joint instruction of more than two persons
by one or more instructors.
As described in Section 2.12(C) above, Operator will only make a direct payment to City for
City's earned percentage of Golf Related Activities when the amount owed for this percentage in
a semi-monthly period exceeds the amount owed by the City to Operator for the Management
Incentive Fee for that period; this direct payment shall only be for the amount owed by Operator
that is in excess of the Management Incentive Fee."
5. A new Section XI(B) is added to Exhibit E of the Agreement as follows:
"B. Operator shall arrange for regular cleaning of the grease trap facility serving the
Burlingame Golf Center. Operator shall be diligent in the servicing of the facility
so that possible problems in the grease trap area are prevented to the extent
possible, and conformance with City standards for maintenance of these grease
traps is met."
6. Except as expressly amended in this Amendment No. 1, all other terms and conditions
contained in the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on the day
and year first above written.
AMENDMENT NO. 1— August 28, 2000 -2-
City:
IS
Attest:
City Manager
City Clerk
Approved as to form:
City Attorney
Operator:
VB GOLF, LLC
By
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AMENDMENT NO. 1— August 28, 2000 -3-