Loading...
HomeMy WebLinkAboutRIVER VIEW GOLF COMPANY - NOVATION OF LEASE 1974i ~ - ~ NOVATION OF LEASE THIS NOVATION executed in duplicate at Santa Ana, California, this 11th day of P~iarch 1974, between the CITY OF.SANTA ANA, a chartered municipal corporatior_, t hereinafter called "LESSOR," and RIVER VIEW GOLF, a Calif- ornia corporation, hereinafter called "LESSEE." RECITALS ~_. On November 2, 1964, the parties hereto entered into a lease of certain real property in the City of Santa Ana along the southeasterly boundary of the Santa Ana River chan- nel north of 17th Street for the construction and operation of a golf course on said property. 2. An a«endrnent to said lease was executed by *.~he parties on November 21, 1966, to allow ingress and egress over a small portion of the leasehold for the purposes described therein. 3. LESSEE has subsequently, by lease dated September ?, 1969, obtained a leasehold interest from Orange Coanty Flood Control District in land adjacent to the premises owned b_y LESSOR and has expanded its operation to an 18 hole golf course using the combined property under both leases. 4. The parties hereto have agreed that the aforementior_ed lease of November 2, 1964 and the amendment thereto dated ATovem- ber 21, 1966 should be extinguished, each party surrendering its rights thereunder, a.nd should be completely rer~laced with the new lease agreement contained herein. ?\'4k ~, t ~ ~ ,~ l `* ~~p i ~ LEASE AGREEMENT In consideration of the mutual promises, covenants and condi- tions herein, the parties agree as .follows: 1. DESCRIPTION OF PREMISES: LESSOR hereby leases to LESSEE, and LESSEE hires from LESSOR on the terms and condi- tions hereinafter set forth, that certain property of_ the CITY OF SATTTA ANA lying between the Santa Ana River Channel on the Northwest and Alona Park and Alona Street Park Subdivision on the Southeast, except for portions of said property heretofore leased by the CITY OF SANTA ANA to SANTA ANA CHAPTER IZAAK WALTON LEAGUE OF AMERICA, INC. Said real property is more particularly described as follows: Beginning at the most 4~Iesterly corner of Lot 64, Tract No. 2122, as shown on a map thereof recorded in Book 61, Pages 49 and 50, Miscellaneous Maps, Records of Orange County, California, said Westerly corner of Lot 64 being the most Southerly corner of the property described in the revised Lease to the Izaak Walton League; thence, following along the boundary of said revised Lease, the following courses: N. 64° 43' 22" ~~?., 146.2?. feet; thence N. 22° 43' 40" E., 200.00 feet; thence N. 50° 49' S5" E., 75.92 feet; thence S. 89° 54' 05" E., 40,00 feet to the Southwesterly corner of the BoY Scout Lot described in Deed to the Kiwanis Club of Santa Ana and recorded in Book 2826, Page 166, Official Records o.f~Orange County, California; thence, along said Boy Scout Lot N. 22° 00' 00" E., 102,60 feet and S. 89° 54' 05" E., 124.74 feet to the Southwesterly corner. o.f Lot 45, Tract No. 1608, as shown on a Map thereof recorded in Book 48, Pages 21, 22 and ?_3, i•?iscellaneous Traps, Records of Orange County, California; thence N. 3?.° 08' 32" E., along Lot lines o.f_ said Tract No. 1608, ]_071.06 feet to the angle point in the Northerly line of Lot 30 of said Tract No. 1608, said angle point being the Northeasterly end of the line des- cribed in that certain quitclaim Deed from the Orange County flood Control District to the City of Santa A~za, ~j 2 "~~ i i • ~ recorded in Book 6106, Pages 9, 10 and 11, Official Re- cords of Orange County, California; thence, in a general Southwesterly direction, following along the line des- cribed in said Quitclaim Deed to an intersection with the Iorthwesterly prolongation of that certain course having a bearing of South 62 1/2° East,-in the Deed to Towner Manufacturing Company recorded March 13, 1946 in Book 1399, Page 362, Official Records of Orange County, California; thence Southeasterly, along said prolongation, to the most Northerly corner of the property described in said Deed to Towner P~Ianufacturing Company; thence northeasterly, in a direct line, to the most Westerly corner of that certain property conveyed ~o the City of Santa Ana, California, as described in Book 2516, Page 264, Official Records of Orange County, California; thence Northeasterly, along the Northwesterly line of said pro- perty conveyed to the City of Santa Aria, 780.00 feet, more or less, to an intersection with the Northwesterly prolon- gation of the Southwesterly line of Lot 185, Tract No. 1724, as shown on a r2ap thereof recorded in Book 51, Pages 24, 25 and 26, Miscellaneous rZaps, Records of Orange County, California; thence S. 53° 58' 44" E., along said prolonga- tion, 102.75 feet to the Westerly corner of said Lot 185, Tract No. 17?.4; thence Northeasterly, along Subdivision lines 571.72 feet to the most Testerly corner of Lot 64, Tract r1o. 2122, and the point of_ beginning. Above described property outlined on Map attached hereto, marked "Exhibit A." 2. TERM: The term of the within lease sh-all be for twenty-five (25) years, commencing on the 21st day of August, 1961, and ending on the 20th day of August, 1986. 3. RENT: LESSEE agrees to pay and LESSOR agrees to accept as rent for the leased property for the term of said lease the following sums: A. During the nine (9) years beginning on the 21st day of August, 1962, and ending on the 20th day of August, 1971 three percent (30) of the gross business done by LESSEE on all sales and services, excepting food and merchandise. B. During the period August 21, 1971, to Z~uqust 20, 1973, four percent (40) of the gross business as defined 3 '~~"`~ ~' ..~`r • • hereinabove. C. During the period August 21, 1973, to August 20, 1981, four percent X40) of one-half of the gross combined business, excepting food and merchandise, done by LESSEE on all sales and services derived from the entire operation con- ducted on the property subject to this lease and the property subject to that certain lease between LESSEE and the Orange County Flood Control District dated September 2, 1969. In addition, two percent (.2%) of the gross receipts from the sale of beer and/or wine anywhere on the combined golf course property.' D. During the next five (5) years thereafter, five percent (5%) of one-half of the gross combined business as defined hereinabove. In addition, two percent (20) of beer and/or wine sales as described hereinabove. E. Notwithstanding sub-paragraphs A and B above, LESSEE agrees to pay in total rent for the years 197?. and 1973, the sum of Six Thousand t$6,000.00) Dollars each year. F. Notwithstanding sub-paragraphs C and D, above, when- ever any portion of the entire golf course is unplayable or unused as a result of river flooding or f_or any other reason, the rental percentage otrerwise applicable to one-half of the gross combined business as defined above and payable to LES- SOR shall be applied to the tota7_ of fees charged for play on any portion of the combined golf course which remains play- able or used, irrespective of the ownership of the prema_ses on which said portions lie. ~ ,~~ 4 ,,..•~~ i • ~. Said amounts of rent herein provided for shall be due as follows: (1) All rental payments for the period from August ?.l, 1961 through December 31, 1973 are now due and payable. LESSOR'*agrees to credit to LESSEE as payments for said period under. this lease all rental payments made by LESSEE for said period under the prior aforementioned lease, and LESSEE agrees promptly to remit any balance for said period now owing, in the manner and form provided. (2) From and following January 1, 1974, and thereafter, rent shall become due monthly, in the manner and form herein provided, on or before the 20th day of the month following the due date of said payment. (3) All rental payments hereunder shall be paid in lawful money of the United States of America or by check or draft to the order of "CITY OF SANTA ANA" and mailed or delivered to LESSOR'S Director of Finance at the City Hall, Santa Ana, California. H. LESSOR shall have the right at all reasonable times to inspect LESSEE'S books and records pertaining to its opera- tions on the lease property. Not later than February 15th of each ///// ///// ///// ///// ///// 5 • • year during the term of this lease, LESSEE, at -its own cost, shall furnish to LESSOR a complete audit of its operations dur- ing the preceding fiscal year ending November 30th prepared by an accountant licensed by the State of California. 4. LESSEE is hereby granted an option to renew this lease f_or an additional period of twenty-five (?.5) years commencing on the 21st day of August, 1986, and ending on the 20th day of August, 2011. This option may be exercised by the giving of a notice in writing of the intention to exercise the same between July 1, 1985, and January 1, 1986. Said notice shall be served on the Clerk of the Council and on the City Manager of LESSOR.. If this option be exercised, LESSEE agrees to pay and LESSOR agrees to accept as rent for the leased property for the new term the following sums: A. During the first ten (10) years, six percent (G o) of the gross business done by LESSEE on all sales and services, excluding food and merchandise plus two percent (2%) of beer and%or wine sales as described in paragraph 3, provided, how- ever, that if LESSEE also exercises an option to renew that certain lease with the Orange County Flood Control Distrir_t dated September 2, 1969, the rental to LESSOR hereunder shall be six percent (60) of one-half of the gross combined business, excepting food and merchandise, as described in paragraph 3 hereof, plus two percent {2~) o.f beer and/or wine sales. B. During the next ten (10) years, seve~~ percent (7~) of 6 ~ 1 ~°' ~ • the gross business as defined next hereinabove, or of one-half of the gross combined business, as provided in sub-paragraph A immediately above, plus, in either case two percent (2~) of beer and/or wine sales. C. During the last five (5) years, eight percent (8%) of said gross business as defined next hereinabove, or of one- half of the gross combined business, as provided in sub-paragraph A in this paragraph 4, plus, in either case two percent (20) of beer and/or wine sales. All of the terms of this lease shall apply to said option period. 5. USE OF PROPERTY: The leased property shall be used only for a clubhouse, golf course, driving range and putting greens. Golf and related sporting good items and equipment may be sold and food and drink may be served to the public, but the sale of alcoholic beverages other than beer and/or wine is prohibited. Execution by LESSEE and Novel B. James of "Agreement Granting Permit to Pass over Land" and passage over city pro- perty under said agreement from the northwesterly end of 22nd Street to the rear of Lot 1F32 of Tract No. 1274, as per map recorded in Book 51, pages 24, 25 and 26, o_f Miscellaneous AZaps in the office of the County Recorder of Orange County, State of_ California is hereby declared an authorized use of the leasehold property. 6. COMPLIANCE WITH STATUTES AND ORDINANCES: LESSEE agrees that in its use and occupancy of the leased property it will com- 7 ~ ~ ~°, • • ply with all applicable laws, rules, statutes, regulations and ordinances of all governmental bodies whose authority extends to the leased property or to any business conducted upon the leased property. 7. TAXES: LESSEE agrees to pay when due all taxes levied upon or assessed against LESSEE'S property situated in or upon the leased premises and upon LESSEE'S possessory interest in the real estate hereinabove described. 8. MECHANIC'S LIENS: LESSEE agrees to keep the demised premises free from all claims of persons, firms or corporations, who, at the request of LESSEE or its contractor, furnish labor or material to or far the benefit of .the leased property. LESSOR may at any time post and keep posted on said premises, appro- priate notice of non-responsibility for protection against such claims. 9. REPAIRS: LESSEE agrees at its own cost and expense to keep and maintain the leased property and all structures it has placed thereon in good condition and repair, including the watering and landscaping of said golf course. Failure on the part of LESSEE to maintain the plantings, landscaping, and struc- tures herein referred to in good condition and repair will be grounds for cancellation of .this lease if not. corrected within six (6J months after notice so to do served by LESSOR on LESSEE, it being the desire of LESSOR that said property shall contribute to the beauty of the City and provide an attractive recreational area f_or the citizens of Santa Ana. 8 ,,: , , • • Any buildings or structures constructed or erected on said premises shall be and remain the property of LESSEE and upon any termination of this Lease, it shall have the right to remove said structures within thirty (30) days of such termination. In the event that said structures are removed, LESSEE shall place the portions of the premises underlying said bia.ildings or struc- tures in a level condition and shall remove therefrom any and all concrete and metal. In the event that LESSEE does not re- move said buildings or structures within thirty (30) days after any termination of this lease, said buildings and structures shall revert to and become the property of the LESSOR. LESSEE agrees that, upon any termination, extension or renewal of this lease, it will, as a condition precedent to the right to remove buildings and structures constructed or erected by it, as provided in this paragraph number 9, con- struct a driveway from the garage located on Lot 182 of_ Tract No. 1724, as per map recorded in Book 51, page 24, 25 and 26, of Miscellaneous Maps in the office of the County Recorder of_ Orange County, State of California, to a public street to pro- vide ingress and egress, and construct a fence completely along the northwesterly lot line of said lot, said line being the rear of said lot cehich is contiguous to the boundary line of the property leased to LESSEE. It shall be understood that the curbcut and driveway shall make said Lot 182 comply with all the single family residence requirements. 10. UTILITIES: LESSEE shall pay for all water, gas, heat, a ^'`~ J~' ._/ • • light, power, telephone service, and ail other service supplies to the said premises when the same become due. 11. DESTRUCTION OF OR DAMAGE TO LEASE PROPERTY: If, by earthquake, flood, or other similar calamity, or by fire, act of war, act of God, or other similar cause, the buildings to be erected by LESSEE on the leased property are destroyed or damaged to a substantial degree, and if, within six (6) months after the date when such destruction or damage occurs, LESSEE has not commenced their repair or construction, LESSOR may terminate this lease by written notice to LESSEE. If so terminated, LESSEE shall, at his own cost and expense, forthwith remove the damaged buildings and structures and shall be otherwise re- leased from all obligations under this lease. 12. ASSIGNP~iENT OR SUBLETTING: LESSEE shall not have the right to assign nor sublet this lease or grant any concession thereunder without the prior written consent of the City Council of the CITY OF SANTA ANA. Execution of "Agreement Granting Permit to Pass over Land" between LESSEE and Novel B. James, granting permission to pass over city property from the northwesterly end of ?2nd Street to the rear of Lot 182, more fully described in paragraph 5 hereof, is not deemed to be an assignment or subletting, nor the granting of any concession under this lease, as prohibited by this paragraph. 13. BANKRUPTCY: An adjudication that LESSEE is a bank- rupt shall automatically terminate this lease and all rights 10 ~ _,~~ ~~ • • of LESSEE under_ this lease. If (a) a receiver (apart from a bankruptcy proceeding) is appointed to take possession of all or substantially all of the assets of LESSEE, or if (b) LESSEE shall make a general assignment for the benefit of_ creditors, and if such appointment or assignment continues for a period of thirty (30) days, then LESSOR, at its election, may terminate this lease and all rights of LESSEE under this lease, and it shall not be necessary for LESSOR to give notice to LESSEE of such ternlination. 14. FORECLOSURE: It is agreed, however, that in event the rights under this lease are used as security for any loan or the repayment or replacement of any loan, the proceeds of which were used to develop and improve the property let hereby fOr Elie limited purposes set forth in this lease, and said lender desires to foreclose said loan for non payment thereof or to accept an assignment of this lease in lieu of such fore- closure, then and in that event, said lender or a purchaser from said lender will be accepted as lessee in lieu of_ the LESSEE named herein, and such foreclosure sale or assignment shall not terminate this lease. l5. DEFAULT: Except as provided in Paragraph 13 (relating to bankruptcy, etc.), a default in the performance of_ any promise of or of any obligation imposed upon LESSEE shall .not constitute a breach of this lease unless LESSEE fails to cure such default within six (6) months after written notice of_ default has been served by LESSOR, except that failure to cure a default in a payment of rent shall constitute a breach of this lease if such 11 .~ . ~" ~~ default is not cured within five (5) days after written notice of default has been served. 16. HOLDING OVER: If LESSEE with the consent of_ LESSOR continues in the possession of the leased property after the expiration of~ the term of this lease or any extension under the option herein granted, then LESSEE shall be deemed to be holding the leased property on a month to month tenancy subject to all the provisions of this lease, and the rent during such period of holding over shall be as determined by LESSOR through its City Council. 17. NOTICES: All notices to be given to either party clay be given in writing personally or by depositing the same in the United States mail, postage prepaid, and addressed to LESSEE at the said premises whether or not LESSEE has departed from, abandoned or vacated the premises, and to LESSOR at City Hall, Santa Ana, California. 18. WATER: LESSEE may, if it so desires, drill a water well on the premises and install such pumping equipment at the well site as is reasonably required, all of the foregoing, plus maintenance and operation thereof, to be done at LESSEE'S sole cost and expense, and it may use the water produced there- from for irrigation purposes only. LESSOR makes no representa- tions as to the quality or quantity of water which can be pro- duced from drilling on said premises. LESSEE shall pay promptly any pump or extraction tax due for water produced. LESSEE shall obtain from the CITY OF SANTA ANA through its Water Department such water service as shall be required for domestic purposes, all in accordance with the rules, .regulations and ordinances 12 ~ i ~,.-~ ~' .~ s • ~ of the Water Department and the CITY OF SANTA ANA. LESSOR will charge, and LESSEE will pay for such domestic water service delivered through said Water Department at the same rates that LESSOR'S Water Department charges other municipal departments for water service. 19. INSURANCE: A. LESSEE shall keep at his own cost and expense public liability insurance covering all of its operation, the liability under such insurance to be not less than $300,000.00 for any one person injured, $500,000.00 for any one accident, and $25,000.00 for property damage. These policies shall insure the contigent liability o.f_ LESSOR and are to be placed with LESSOR. B. LESSEE at his own cost and expense shall keep all buildings and structures erected on the leased premises adequately insured for fire and extended coverage, malicious mischief and vandalism. A loss payable clause shall be in- cluded in favor of LESSOR as its interest may appear. 20. RESERVATION: LESSOR reserves the right to drill water wells and to construct, reconstruct, repair, maintain and operate pumping equipment and pump houses at the well sites and such pipelines, conduits and drains as LESSOR may require in, on and through the real property let hereby. LESSOR agrees to drill said wells and to construct said equipment, structures, and lines iri unimproved locations so as not to interfere with structures, tees, and greens of LESSEE and so as to cause a minimum interference with LESSEE'S fairways b_y locating at or 13 ~~ . ~°~, s • • near the edge of such fairways, and to cause a minimum of inter- ference with the operation of said golf course, but LESSOR re- serves the right to cross said fairways where LESSOR decides it is necessary to do so. LESSOR reserves the right to enter the property at any reasonable time for the purpose of inspecting the same and to make repairs to any of LESSOR'S installations on the property, levees, trap-gate drains, or any lines or structures. 21. NOTICE TO LESSEE OF OIL AND GAS FIGHTS JUDG?Y[ENT: LESSOR directs LESSEE'S attention to the case of Towner Pdanufacturing Company, a partnership, v.s. City of Santa Ana, a corporation, et al'., No. 109866, in the Superior Court of the State of California for the County of Orange, and to the Judg- ment therein entered in Judgment Book 96, Page 174, on r~iay 21, 1964, which said litigation resulted in the recognition of oil and gas rights under a portion o.f the land let hereby and reserves the right to enter f_or the purpose of exploring and developing the same. LESSOR believes that it has good title to the property herein described, subject to this reservation of underground hydrocarbons which exists on the southerly por- tion of said property, but LESSOR cannot be bound by a warranty of its title. 22. BINDING ON SUCCESSORS: All of the provisions of this lease and the covenants and conditions herein contained sha7.1 apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto; and all of the parties hereto shall be -jointly and severally liable hereunder. 14 ._ ~ •' r , + C~ IN WITNESS WHEREOF the parties hereto have cause this Instrument to be executed by the proper officers of each who were thereunto duly authorized and each party has hereunto affixed its seal. ATTEST: CITY OF SANTA ANA, a municipal corporation, ~..,... By C ERK OF THE CO NCIL YOR RIVER VIEW GOLF, a California corporation, .~ .~:f By ~~oy ~, Lewis Title ,,, retary / Tr~,eas,, .= er By. enneth amen` ~' Title Vice -President A ~~,... gy ~Fiovel~~ m~ Title President I5 ~.. '; . `i ~. ,,4. APPROVED AS TO FORA4: s i~iarch 14 , 1974 I~ir. ~vovel t3. James, President ttiverview Balf Corporation 1800 Kest 22nd Street Santa Ai~a, California AG~t:LP~1E,dT FUR LLASL OF CITY-OI9v1;D PROPERTY FOR GULF COURSE At its Adjourned Regular Meeting held on P~iarch 11, 197~I, %ouiicil approved tiie subject agreement. Enclosed is a copy of the fully executed dacurnent for your files. Please call me at 834-4906 if 1 ~tiay provide additional assistance to you iii this matter. Carlially, FLC1i?i:rC I. ~IALOi'JE CL,ERl~ OF THE COUNCIL Enclosure .~~ - ~®V~ -~~,: _Cit~_Manager ~~:-,~;~_ _ Assistant_~_ C'.ity M_-anager f - Date.sTslrillarY ~ ~ 1974 ` _ RE~UEST_ FROM NOVEL B ._ JAMES_ TO__ CH$N_GE__MF'T'HOD OF AT,C'iTT,ATTNG rROSS __ ai•c>> ~:: ~: RECEIPTS FOR PAYMENT OF RENT TO ONE-HALF OF THE TOTAL SALES AND SERVICES FROM THE EXPANDED GOLF COURSE. BACKGROUND In August of 1961, the City of Santa Ana entered into an agreement with Novel B. James for lease of City owned property now known as River View Golf Course. This property is between the Santa Ana River and Alona Park, lying north of 17th Street and south of Memory Lane. In September of 1969, another lease was entered into between Novel B. James and the Orange County Flood Control District for the purpose of expanding the then existing 9-hole golf course to the present 18- hole course. This property under the jurisdiction of the Orange County Flood Control District is adjacent to the City owned property and lies generally within the Santa Ana River channel from approximately 21st Street to about 1/4 mile north of Memory Lane. A letter dated January 26, 1973 was received from Mr. Novel B. James explaining the reason why he converted the Santa Ana River channel to a turf golf course to be used in conjunction with City owned property. This letter further requests that "rent charged be changed to (one-half) of present requirement...". Novel B. James further requests that the City of Santa Ana "remove the restriction for sale of beer and wine" from the existing agreement. COMPARISON OF FACILITIES A comparison of the elements comprising the City leasehold and the County leasehold is presented below: City Leasehold County Leasehold 38 acres 8 holes rest rooms club house pro shop 144 stall parking lot 86 acres 10 holes none none none none • ~ City Manager Page 2 driving range driving range possible because of County addition cart rental cart rental 12 year history of successful operation potential risk due to flooding COMPARISON OF TERMS A review and comparison of the City leasehold and the County leasehold are presented below: The City lease provides that rent shall be based on gross business, excepting food and pro shop sales of golfing supplies, clothing, equip- ment and similar merchandise. Under the County lease, income upon which percentage rentals are based includes all items upon which the City receives rent in addition to deposits in any pay telephone or coin operated vending machine, fair rental value of office space, and other facilities used for purposes other than the business proposed, and that portion of the pro shop sales of golfing supplies, clothing, equipment, and similar merchandise above the average annual sales of $54,000. Furthermore, under the County lease agreement, rent shall be charged as a percentage of restaurant and cock- tail bar operations. Since a major portion of the leased land from the County is in the Santa Ana River and subject to flooding, a provisions has been made that should golf holes located within the leased land of the County become unplay- able for a period in excess of 7 consecutive days because of water flow- ing in the Santa Ana River or because of construction undertaken to repair flood damage or destruction or to modify or improve flood control or water conservation facilities, income produced by business operations on or from the River View Golf Course during such periods shall not be included in the gross receipts for the purpose of calculating percent- age rental payable to the County. The County leasehold agreement has a minimum annual rental of $2,400, whereas the City agreement has no minimum annual rental. ~~ ~~ ~ ~ ~~ City Manager Page 3 EXISTING RENTAL PERCENTAGES Below is shown in two columns the percentage rental charged by both the City and the County as well as the approximate date when the per- centage amount under each agreement changes. City Rental Aug. 21, 1962 to Aug. 20, 1971 - 3% Aug. 21, 1971 to Aug. 20, 1972 - 4% Aug. 21, 1972 to Aug. 20, 1973 - 4% Aug. 21, 1973 to Aug. 20, 1974 - 4% Aug. 21, 1974 to Aug. 20, 1975 - 4% Aug. 21, 1975 to Aug. 20, 1976 - 4% Aug. 21, 1976 to Aug. 20, 1977 - 4% Aug. 21, 1977 to Aug. 20, 1978 - 4% Aug. 21, 1978 to Aug. 20, 1979 - 4% Aug. 21, 1979 to Aug. 20, 1980 - 4% Aug. 21, 1980 to Aug. 20, 1981 - 4% Aug. 21, 1981 to Aug. 20, 1982 - 5% Aug. 21, 1982 to Aug. 20, 1983 - 5% Aug. 21, 1983 to Aug. 20, 1984 - 5~ Aug. 21, 1984 to Aug. 20, 1985 - 5% Aug. 21, 1985 to Aug. 20, 1986 - 5% Aug. 21, 1986 to Aug. 20, 1987 - 6% Aug. 21, 1987 to Aug. 20, 1988 - 6% Aug. 21, 1988 to Aug. 20, 1989 - 6% Aug. 21, 1989 to Aug. 20, 1990 - 6% Aug. 21, 1990 to Aug. 20, 1991 - 6% Aug. 21, 1991 to Aug. 20, 1992 - 6% Aug. 21, 1992 to Aug. 20, 1993 - 6% Aug. 21, 1993 to Aug. 20, 1994 - 6% Aug. 21, 1994 to Aug. 20, 1995 - 6% Aug. 21, 1995 to Aug. 20, 1996 - 6% Aug. 21, 1996 to Aug. 20, 1997 - 7% County Rental Rates Jan. 1972 to Dec. 1972 - 2% Jan. 1973 to Dec. 1973 - 2% Jan. 1974 to Dec. 1974 - 2% Jan. 1975 to Dec. 1975 - 2% Jan. 1976 to Dec. 1976 - 2% Jan. 1977 to Dec. 1977 - 3% Jan. 1978 to Dec. 1978 - 3% Jan. 1979 to Dec. 1979 - 3% Jan. 1980 to Dec. 1980 - 3% Jan. 1981 to Dec. 1981 - 3% Jan. 1982 to Dec. 1982 - 4% Jan. 1983 to Dec. 1983 - 4% Jan. 1984 to Dec. 1984 - 4% Jan. 1985 to Dec. 1985 - 4% Jan. 1986 to Aug. 1986 - 4% Aug. 1986 to Aug. 1987 - 5% Aug. 1987 to Aug. 1988 - 5% Aug. 1988 to Aug. 1989 - 5% Aug. 1989 to Aug. 1990 - 5% Aug. 1990 to Aug. 1991 - 5% Aug. 1991 to Aug. 1992 - 5% Aug. 1992 to Aug. 1993 - 5% Aug. 1993 to Aug. 1994 - 5% Aug. 1994 to Aug. 1995 - 5% Aug. 1995 to Aug. 1996 - 5% Aug. 1996 to Aug. 1997 - 6% "~, .. }~ Y City Manager Page 4 Aug. 21, 1997 to Aug. 20, 1998 - 70 Aug. 21, 1998 to Aug. 20, 1999 - 70 Aug. 21, 1999 to Aug. 20, 2000 - 7% Aug. 21, 2000 to Aug. 20, 2001 - 70 Aug. 21, 2001 to Aug. 20, 2002 - 7% Aug. 21, 2002 to Aug. 20, 2003 - 70 Aug. 21, 2003 to Aug. 20, 2004 - 7% Aug. 21, 2004 to Aug. 20, 2005 - 7% Aug. 21, 2005 to Aug. 20, 2006 - 70 Aug. 21, 2006 to Aug. 20, 2007 - 8% Aug. 21, 2007 to Aug. 20, 2008 - 8% Aug. 21, 2008 to Aug. 20, 2009 - 80 Aug. 21, 2009 to Aug. 20, 2010 - 8% Aug. 21, 2010 to Aug. 20, 2011 - 80 LEGAL OPINION Aug. 1997 to Aug. 1998 - 6°s Aug. 1998 to Aug. 1999 - 6% Aug. 1999 to Aug. 2000 - 60 Aug. 2000 to Aug. 2001 - 60 Aug. 2001 to Aug. 2002 - 60 Aug. 2002 to Aug. 2003 - 6% Aug. 2003 to Aug. 2004 - 60 Aug. 2004 to Aug. 2005 - 6% Aug. 2005 to Aug. 2006 - 6% Aug. 2006 to Aug. 2007 - 6% Aug. 2007 to Aug. 2008 - 6% Aug. 2008 to Aug. 2009 - 60 Aug. 2009 to Aug. 2010 - 6% Aug. 2010 to Aug. 2011 - 60 Opinion #73-52 prepared August 13, 1973 states in paragraph 4 that "the City is not legally limited in its ability to reduce the percent- age rate by such amendment, provided it receives at least some benefit in the amended version which it does not currently have. Although it may be argued that an amendment which does nothing than lower the interst rate constitutes a gift of public funds or property, this would not be the case if the amendment also served to extend the "gross business" upon which the rent is computed to cover total receipts from the entire golf course. Any amendment which served to simplify or render more de- finite the accounting procedure by which the City verifies the amount of rent due would constitute legal consideration for the City's agree- ment to reduce the percentage rate." RECOMMENDATION It is recommended that the City Council consider the letter of under- standing dated December 19, 1973 (attached) and determine policy regarding: A. Establishment of $6,000 as the base annual amount of rent payable to the City of Santa Ana for 1972 and 1973. ~~ wr .. ~~' i City Manager Page 5 r 1 B. Change method of calculating gross receipts to a basis which the City's percentage applies to one-half of the total sales and services (excluding foods and merchandise) from the expanded course. Also, when the river is flooded or otherwise not utilized for playing golf, the percentage applicable to the City will apply to the total green fees collected during the period of reduced area playing. C. Authorize the sale of beer and wine on leased premises and provide that 2% of the gross receipts from this kind of sales be paid to the City, in addition to the amount in B above. D. Effective January 1, 1974, change the date for reporting of gross receipts from quarterly to monthly, with payment to be made to the City by the 20th of the following month of activity. If the City Council concurs in the above items then it is recommended that the City Attorney be directed to revise the existing agreement between the City of Santa Ana and River View Golf. ,~C-'~ ~ ~,2-z ~ G. David Tayco ,~ ~,-'`'~; ._ ,, t. Attachment ~.~ ~, z,~,~.,~,..~~~ ~~,~.., ~ `tit ~_.~~~ ~~ M~~tVDUM .. To: _ _ __ _~inance Director P--, ,r,. _Thomas_J,__Andrusky _______ Date December 27 , 197 3 ._ :?~bjeet: ___. PROPOSE~2-CgANCES TO THE_$~~IE$~I~EW _.C~~F___COURSE LEASE Attached is the original letter to Novel James dated December 19, 1973 outlining proposed changes to the golf course lease at Riverview. The City Manager and Mr. James have signed an agree- ment to the proposed changes. Please review the proposed changes and then if it meets with your satisfaction, please sign in the appropriate place and get the original letter back to me on Monday, December 31, 1973. Thomas J. Andrusky Assistant City Manager TJA/am Attachment 7 +r .t' , /"' C~Y OF SANTA AN~ CITY MANAGER'S (JFFICE ~0 CNIC CENTER PILAZA • SANTA ANA • CALIFORNIA 9701 December 19, 1973 Mr. Novel B. James, President River View Golf 1800 W. 22nd Street Santa Ana, California 92706 Dear Mr. James: In accordance with our discussion on December 18, 1973, I have itemized below, the understandings and modifi- cations that are proposed to be made to the River View Golf, lease (8-21-61), in consideration of the expanded course and the addition of leasehold on Santa Ana River bed and Orange County Floor Control property. A. Establish $6,000 as the base annual amount for 1972 and 1973. B. Change method of calculating gross receipts to a basis upon which the city's percentage applies to one-half of the total sales and services (excluding foods and merchandise) from the expanded course. Also, when the river is flooded or otherwise not utilizable for playing golf, the percentage appli- cable to the City will apply to the total green fees collected during the period of reduced area playing. C. Authorize the sale of beer and wine on leased premises and provide that 2% of the gross receipts from this kind of sales be paid to the city, in addition to the amount in B above. D. Effective January 1, 1974, change the date for reporting of gross receipts from quarterly to monthly, with payment to be made to the city by the 20th of the following month of activity. ~o ~; ,# ~~ L' • Mr. Novel B. James, President December 19, 1973 Page 2 To schedule time of January 7, .1974 for City Council consideration of these changes, please indicate your approval as quickly as possible by signing below and returning this copy to me or the City Manager, in order that lease modifications can be included in the Council review packet. A duplicate copy is enclosed for your file. Very truly yours, -, t -~~ z ~~ ~_._.__ ~ City Manage -' : /~ ~/ Santa Ana .` .~ , Novel B. James President a' ~ °~ River View Golf ,:; arry Shaffer Director of Finance Santa Ana G/ OFFICE OF THE CITY ATTORNEY OPINION NO. 73-52 AUGUST 13, 1973 SUBJECT: Computation of rent due to City pursuant to lease of Riverview Golf Course land to Novel James. REQUESTED BY: Assistant to City Manager OPINION BY: James A. Withers, City Attorney BY: Richard E. Lay, Deputy City Attorney QUESTION: Where the lease of land by the City calls for payment of 4/ of the '°gross business'° as rent and limits the use of the leased premises to a nine-hole golf course, and where the lessee subsequently acquires adjacent land which he uses to add on an additional nine holes to the golf course, how is the rent due to the City to be computed? ANSWER: The City should require as rent 4/ of "gross business" with "gross business," insofar as it pertains to the golf course, being an amount equal to the number of paying customers times the price charged for nine holes of gol$, irrespective of how many of such cus- tomers pay for 18 holes. This is in additio°z to any other income from activities c-onducte~.i wholly within the leased premises, such as the driving range and putting green. anrnr_veTC . The present lease of Riverview Golf Course, dated November 2, 1964, and running until August 20, 1986, calls fox• rental payments based upon a stated percentage of the '"gross business done by Lessee on all sales and services, excluding food and merchandise." The percentage is set forth in an increasing time scale and is currently at 4%. The lease also provides that the property shall be used only far a clubhouse, nine hole golf course, driving range, and rutting greens. Some two years ago, the lessee acquired other property adjacent to the property leased from Santa Ana whi.cl~ he ~~as .~~ ~ .~ • developed to use as course. In charging the lessee currently for eighteen holes. • an additional nine holes to the golf customers for the use of the golf course, charges $2.50 for nine holes and $5.00 The lessee has apparently requested that he only be required to pay 2/ of his gross receipts. Since the percentage is set by the terms of the lease, however, it cannot be altered except by councilmanic action, by way of amendment or by a new lease. However, the real question presented by the lessee's request pertains not to the percentage rate but to the concept of "gross business." The question is whether this term ex- tends to income derived from that portion of the golf course which is not part of the land leased by the City. The questions of the proper measurement of rent is thus not a matter of altering the terms of the agreement but one of interpreting the agreement in view of changed conditions to determine what those terms require. As such it is an administrative matter within the powers of the City Manager. In the case of percentage lease, such as is involved here, the question of what constitutes "gross business" or "gross income" or "gross receipts" is not established by any rule of law or accounting practice but depends upon the intent of the parties as expressed in the agreement, and as such is a question of fact for a trial court. .Lawrence Barker, Inc., v. Briggs (1952) 39 Cal 2d 654, 248 P2d 897. Those few cases which deal with the question of whether income from activities occurring outside the leased premises is to be included in computation of rent are collected in 170 ALR at p. 1130, 38 ALR 2d at pp 1121-23. Examining the Riverview lease agreement, it appears that the "business" which is contemplated as forming the basis of the rent computation was the nine-hole golf course to which the use of the leased property was limited, in addition to such operations as the driving range and putting green. Any extension of the concept of "gross business" to cover the income derived from charges for the use of the additional nine holes in the non-leased property would result. in a "windfall" for the City. While it may be true that the actual transaction of purchasing the use of these additional nine holes occurs on the City-leased portion, the lease agreement does not contain any specific statement that the rent is to be based on gross sales "on, in, or from" or "obtained in'° the leased premises, such as served to sustain the landlord's interest in off- premise activities in Gambol-Skogmo, Inc. v. McNair Rea_Zty Co. (1951, D.C. Mont.) 98 F. Supp 440 and Mutual Life Ins. Co. v. 2 ,~ • ~ • Tailored Woman, Inc. (1953) 283 App. Div. 173, 126 NY 5 2d 573. Likewise, there is apparently no question here of the tenant diverting the business from the leased portion to the unleased portion such as occurred in Cissna Loan Co. v Baron (1928) 149 Wash. 386, 270 P 1022. The City can protect itself against any such possible diversion of business by requiring that total receipts from all customers who pay for only nine holes of golf are included within the "gross business" accounts irrespective of where on the golf course the nine holes are actually played. It therefore appears that the equitable measure of rent due to the City, and the one which a court would be most likely to declare if the lessee were to bring an action for declaratory relief, is as follows: the City is entitled to 4/ of the "gross business" of the lessee on the understanding that "gross business" includes all receipts, other than for food or merchandise, for all activities, such as the driving range and putting green, conducted entirely within the leased premises, and, as to the use of the golf course itself, an amount equal to the number of customers multiplied by the price charged for nine holes of golf. It is therefore re- commended that the City accept any tender of rent which con- forms to this computation. In view of the obiigation imposed by the lease agree- ment upon the lessee to furnish an audit of his operations, the burden would also rest upon him to establish through such audit that the "gross business'° as interpreted above is less than the total gross receipts of the entire golf course operation. If he fails to do so the City would be entitled to demand rent based upon total receipts. In the event that the City and the Lessee desire any other method of computing the rent, this should be accomplished by amendment of the lease. In this respect, it may be noted the City is not legally limited in its ability to reduce the percentage rate by such amendment, provided it receives at least some benef it in the amended version which it does not currently have. Although it might be argued that an amend- ment which does nothing more than lower the interest rate constitutes~f gift of public funds or property, this would not be the case if the amendment also served to extend the "gross business" upon which the rent is computed to cover total receipts from the entire golf course. Any amendment which served to simplify or render more definite tYie accounting procedure by which the City verifies the amount of rent due would constitute legal consideration for the City's agreement to reduce the percentage rate. Furthermore, even a unilateral reduction of the percen- tage rate would not necessarily be void, since Chartered ca.ties such as Santa Ana are not under the strict Constitutional pro- hibition against gifts of public fur_ds which applies to state .1 ~• r ~ + agencies and general law cities. Cal Const. Art. 13, Section 25. Mullins v. Henderson (Ct of App's 1946) 170 P2d 118, 129. Except for such specific limitations on the city's control over public funds and property as are contained in its Charter, the only limitation appears to be that the funds or property must be disposed of for a "public purpose", and the courts are very deferential to councilmanic determinations that a public purpose exists, striking them down only if the council's discretion is shown to be unquestionably abused. City of Roseville 'v. Tulles (1942) 131 P2d 395. It is therefore submitted that the City Council is effectively free to amend the lease agreement, including the percentage rates, in such manner as it deems appropriate. James A. Withers City Attorney By ; ~,.. Richard E. Lay Deputy City Attorney JAW:REL:po 4 a w June f, 1973 MEMO TO: CITY i~iAJAGF.R FROI~i: P.SSISTArIT TO CITY MAPdAGER SUBJECT: REQUEST FROM rOVEL JAr~S TO REVISE i,EASE AGi2.Z_.E=ak:i~T Wi^1'ri CITY OF SAi3TA Alit RECO~iblE~IDATIO:~ It is recvi~nEndec~ that ttie City Council revise the curr4nt agree- SAeZit y.tiri?c~ra tail Cyty C~ S~ it2t ?~-Z23 and ~i n°r ~Y~arm t~^i f tL? r,rr~q; nn the followincr: {1) Income upon trhich percentage rentals are based shall include all incoMe of River Vies Golf received from sale or rendition of serviczs, aCiT'ii3.S5i0AS, entrt~, rental and other fees of any nature or kir_~a, t=~::c~sits in an ~ n ated ven~:ir~ ~; a::~.:.~.' i _ ~:~, fair ren a~ v 1 „n of off ice space , anu other ~a~.' .: ~ :_.5 ,_. . _ _. _-- uses: for purposes other than the 3~usiness ~~~cpc. ~:~~., ~:_:t_: that ~ortion~'~~` i p sa es o go L lr~a ~ .~.:. ~.~..; , _ _ , ~.~__ clothing, e~ui~r,,e~it, acid similar ~`rc anc:ise . '~ ~i,~ av~x - _ ~ . _.... __ ,.. w ~ _ _---- age annual ,pro sY:op sales sea year 1c6 1~7i~ s.i._i?,.? ' not be considered in tiie percentage rentals . °' ~ ~~ av:~.~- c:~ '~~ `~'.""```-,~- annual pro shop r ~ g ~ ' ti y' ~- ~? ~- :.tries clurira this ~~.v~. mar ~y4__ _cu ham r ' w been $~~, 00~. Furti.crr..ore, gross receii~°ts Sii311, ~~c?.,~:'.;:;: ~~~"`~7 ,~, (~~ all sales and e;:cise La.~es payable to the i'~,.it~~~:~.1, ~~•~±__ ,{ , C;ou.ity~ or ~_a:iicic>~:1 Governi:°~:nts as a c:iir4ct ~-t~:s..::t.t c• ~~~ ~ ~" operations under this lease. ~~Lfun~s for c;°_o~:~ re-~urr.;~" shall Le deducted fro~~i ttio current rosy recoi;~.ts uL.~:~. :,-, return. lad ~aebt 1!~sscs shall not b c:ec::uct~:c~ ro:~i ti~,~ ~ .:~`~ ~"~' ' ~"~ gross r~ccipts unaer ere City fr~r,1 zest.aura:it and cocktail b lease agre~rttent. Inc;cra~~ ar operations sli 1 1 bc~ ` -''`~ L~ '~° . ~_:,~ ~ incluut~c.i within i r,co:~c: upon wh ich percentage r~_.tals are b~~seu . '. ;/ . ~'~ ~`~ ~"~ -,fir- /~ r~ ~ ~- ~ ~ ~-~ c~~ ~ r") b~ i ~~,.~ c~ ~~~~- -~ c - • ~ ~ -- - Mr. Novel -James ;:_-_~- Page 2 - ~-' `~~ {2j The City leasehold a reement shall .have g a minimum annual rental of $x,000. (3) Rental rat shall reduced from 4$ to .'2'~`-'~'~°- ~~.m 2~ from Augu 1, 19 to August 1, 19?6 3$ from nugust 1976 dugust 1, 1981 4 $ from Au s t 1, '~ gu 1981 to ugust 1, 1986 ~'.~ r~~,.4-~ ~~ ,~ 5~ from August 1, 86 to A ust 1, 1996 C~ ~9 ~-~-~~~-,,,.~ ~ti`~`` ~~ ~ (~~ All rental a _ - - ?-~~~ .t ~ ~~,,~; ` ~; p y~ts shall be made on a quarterly basis.~,,~ s` i E` ~ t ~~~, ~~~= ~,~- ~ (5j All of the above terr:.s to become effective august 1, 1~73~:' (bj River View Golf shall pay to the City of Santa Pia all ,~~ rents now due and payable and all rents which shall become I!, ~'~'"~'`~ payable in accordance with the existing rental ~:ercentage ~~ SACKGROUTJD Pursuant to a request from t~ir, hovel James, the lease agreement between the City of Santa Ana and River View Golf Course I:as been reviewed, as well as the lease agree.*-tent between the 1?iver View Golf Course anti the Orange County Flood Control District. On January 26, 1973, a letter was receives from _~u . i:ovcl James requesting that the rent charged P~iver View Golf Ca•~:.rs~~ by the City of Santa A.za for the leases; property be reduced fYU:-~ ~ v cf ..~,,,,~ ti:e„.„gross to 2 ~ witr. r annual :aini.~a:a payment of ~2 , ~r ~~ v . ~ urtr:er- ~ riore, it is requesteu by ~.ovel Jaries gnat the City of~«~ita r}zz revise the res~,xiction as sho~m on Page ~, Section a, ~~;.ich ^ro- iiibits the sale of beer or other intoxicating liquors. ~t i.U requested that the revision provide for the sale of b4~rvuL- :lot other intoxicating 1ic~uors. On February 26, 1973, a meeting was held between G. ,~a°v°isi L~yco and Novel Ja~;es to review the physical site ansl discuss tine rationale for the requested reduction in lease reat~:l r~.~cus, and agrEe to ;:pursue the st:bjact of revising the existi..c; l~ ;o between the City o~ Santa Ana and itiver View Gol~. ]Cn August of 1961, the City of Santa Ana entered into ur. ac~roe- r;:ent with Aiovel James for file lease of River View Golf : ours~a property lying adjacent to Alona Park. In September of 19ii9, Mt. Novel James Page 3 another lease was entered into between River View Golf Course and the Orange County Flood Control District for the purpose of expanding the then existing 9-hole golf course to tiie pre- sent 18-hole course. This property under the jurisdiction of the Orange County Flood Control District is west of aria adjacent to the property leased by the City of Santa Ana. The i'lood Control property lies generally within the Santa Ana River channel from approximately 21st Street to about 1/4 mile north of memory Lane . COI~PARISOPI OF FACILITIES A comparison of ttie City leasehold and the County leasehold is presented below: City T_,easehold County Leasehold 38 acres 8 holes rest rooms club house pro shop 144 stall parking lot 86 acres 10 holes none none none none driving range cart rental 12 year history of successful operation CO•IPARISOiJ OF TERtLS driving range possible beeausL of County addition cart rental potential risk due to flooding A review and corparison of the City leasehold and tlic County lea~~- hold are presented below: The City lease provides that during the nine years Lec;innii:g on August 21, 1962 and ending on August 20, 1971, 3~ of tie e~ross business done by itiver ViecT Golf Course on all sales and services, excepting food and merchandise, shall Le paid to the City of S<-xr~'u~: Ana as rent. During tre nest ten yoars (August 21, l~'~ 71 t2irou~rz August 20, 1981) , 4~s of the gross uusiness, e:cepti::g food an;:: • • Mr . Novel Jams Page 4 _ merchandise, and during-the next five years (August 21, 1981 through August 20, 1986), 5~ of the gross business, excepting food and merchandise has been agreed upon since the date of the first agreement was modified to contain an option to renew for an ad- ditional 25 years at increased rental rates beginning on August 21, 1936 for ten years at 6~, ten years at 7"s, and the last five ~•ear~~ to be at the rate of fi~ of gross business, excluding food anc- -merchandise. i~ierchandise refers to pro shop sales of golfing supplies, clothing, equips~.ent and similar aerchandise . According to the County golf course lease, intone upan which percent- age rentals are based includes all income of River View Gold received from sale or rendition of services, admissions, entry, rental anti other fees of any nature or ;:ind, deposits in any pay telephone or coin operated vending rnachine, fair rental value of office sy~ace, and other facilities used for purposes other than the business pro- posed, and tt,at portion of the pro shop sales of golfing supplies, clothing, equip.~ent, and similar merchandise. iiie average ann;xal pro shop sales nor fiscal years 1966 through 1974 shall be con- sidered in t~,e percentage rentals, The average annual pro shop sales during this five year period has been $54,D00. Furthermore, gross receipts shall exclude all sales and excise taxes payable to Federal, States, County or municipal Govern*~ents as a direct result of operations under this lease. Refunds for goods returned shall be deducted from the current gross receipts upon return. mad debt losses shall not be deducted from gross receipts under the County lease agreement. T:ie County leasehold agreement has a minimum annual rental of $ ti ; - ~~ G whereas the City agreement has no riinir,:um. Under the County lease agreement, beginning January, 1972 a 2~ _;_<,~- centage rental for the first five years will be charged against c v:~n fees, pro shop services, driving range, equipment rental, v~:nuir~gy machines, and all other income producing businesses except res'~~u-- rant type and cocktail bar operations and pro shop sales of goods and merchandise shall be a 1~~ rental throughout the period cover~•~~~ by the lease ~Jiti1 the exclusion of the first $54 , 000 annual sa1F~s . For t~.e nee:t five year period , 3 ~ gill be charged and 4 a theru~ tr.~ . 'rhe County lease extents until August 20, 1986. .Restaurant ana cocktail bar operations shall re_*:iain at 2~ throughout the lease period. Under the County lease there is an option to renew for an adciitio~:_~1 25 years at 5$ for the first ten years and 6~ for each year ti;ereai.=ter_ . -Mr, Novel .James <~aqe 5 ~~ince a major portion of the leased land from the County is in tYie manta Ana River and .subject to flooding, a yrovision has been made that should golz holes iocatedr within the leased land become unplay- -able for a perio~: in excess of seven consecutive c?~ays because of Mater flowing in the Santa Ana River or b~:cause of construction. undertaken to repair floou damage or destruction or to modify or .improve flood control or water conservation faciliries, inco~°c produced by business operations on or from the River View Golf Co-~._s:~~ during such periods shall r+ot be .included in the dross receipts -#or the purpose of calculating percentage rental. CURI4ENT FZENTAL PrRCEi7TAGE5 Below is shoc-*n in twn columns the percentage rental charged by ~.ot:?'~ the City and ti`le County for the respective terms. It will be not~~c: that the City's rental is, under the current agreer.:ent. 50ti ~.i~~~~~r than the Co°.inty's r£~ntal rate up until the end of 197e. After 1576 The City's rental rate is i:etween 33 1/3~ (the difference betcreen 3$ and 4g} higher than the County's rate for the next five years ending in 1931. s~egin.'~ing in 1981 through August of 198G, the City's rate is 25° higher than the County's rate (tile difference .between 4ti and ~a}. Both the City lease and t;-~e County lease contain an option to renew in August of 1986. ,wring the first 10 years O~ ~11P ~~+ year r~I:ewa~., one City'S ;a~n is ~s7g t~i..t,gr tY'i.°..:^. a-- the County's rate (tne difference between 3~ and G"~). During the next 10 year period beginning in August of 199s through August of 2006, -the City's rate ~,iou13 be approxirately 17 o hic;her t:~ari the County's rate {the Difference between 5°: and 7-~) . lluri2~g tine last five years of the lease beginning ir. F;ugust oY ZC)Oa ~i:r•.~~.c- A~.agust of 2011, the City's rate woulii be 33 1/3~~ hic_,;or ~:ian tla County's rate {the difference between 6$ anti 8 ~) . tie above rates are shown in the following table: City Rental _ Count~Y' ::c:n `alra Aug. 21, 1962 to Aug. 20, 1971 - 3€ Aug. 2I, 1971 to Aug. 20, 1972 - ~~ .Jan. 1972 to ec. 197 - Aug. 21, 1972 to Aug. [0, 1973 - 4~ Jan. 1973 to Dec. 197: - ~~ Aug. 2i, I973 to Aug. 20, 1974 - 4~ Jana T97~Y to y„~c. 197': -- ...~. ~.ug. 2I, 1974 to Aug. 20, 1973 - ~£~ Jan. 197:1 to Dec:. 197 - .~ Aug. il, ZS?3 to Aug. 20, 197G - 4~ Jan. 1:76 to ~Ec. 197 - .. ~. i Aug. 21, 1976 to Aug. 20, 1977 - 4$ Jan. 1977 to Dec. 1977 - 3 } Aug. 21, "1977 to Aug. 20, 397E - 4~ Jan. 1978 co ll~c. 197; - _~ Aug. 21, 1978 to Aug. 20, 1979 - 4~ Jan. 1979 to Dc::c. 1975 - 3~ i • • Mr. Novel James .Page b -Aug. 21, 1979 to Aug. 20, 1980 - 4$ Aug. 21, 1980 to Aug. 20, 1981 - 4~ Aug. 21, 1981 to Aug. 20, 1982-- 5~ Aug. 21, 1982 to Aug. 20, 1983 - 5$ Aug. 21, 1983 to Aug. 20, 1984 - 5~ Aug. 21, 1984 to Aug. 20, 1985 - 5~ Aug. 21, 1985 to Aug. 20, 1986 - 5~ Aug. 21, 1986 to Aug. 20, 198? - 6~ Aug. 21, 1987 to Aug. 20, 1988 - 6~ Aug. 21, 1988 to Aug. 20, 1989 - 6~ Aug. 21, 1989 to Aug. 20, 1990 - Gb Aug. 21, 1990 to Aug. 20, 1991 - 6v Aug. 21, 1991 to Aug. 20, 1992 - 6$ Aug. 21, 1992 to Aug. 20, 1993 - 6~ Aug. 21, 1993 to Aug. 20, 1994 - 6~ Aug. 21, 1994 to Aug. 20, 1995 - 6~ Aug. 21, 1995 to Aug. 20, 1996 - 6€ Auq. 21, 1996 to Aug. 20, 1997 - 7~ Aug. 21, 1997 to Aug. 20, 1998 - 7~ Aug. 21, 1998 to Aug. 20, 1999 - 7~ Aug. 21, 1999 to Aug. 20, 2000 - 7$ Aug. 21, 2000 to Aug. 20, 2001 - 7v Aug. 21, 2001 to Aug. 20, 2002 - 7~ Aug. 21, 2002 to Aug. 20, 2003 - 7~ Aug. 21, 2003 to Aug. 20, 2004 - 7b Aug. 21, 2004 to Aug. 20, 2005 - 7`~ Aug. 21, 2005 to Aug. 20, 2006 - 7~ Aug. 21, 2005 to Aug. 20, 2007 - 8~ Aug. 21, 2007 to Aug. 20, 2008 - 8v Aug. 21, 2008 to Aug. 20, 2009 - 8~ Aug. 21, 2009 to Aug. 20, 2010 - 3ti Aug. 21, 2010 to Aug. 20, 2011 - E; P.DNTAL A:~OJ~ITS Jan. 1980 to Dec. 1980 - 3is Jan. 1981 to Dec. 1981 - 35 Jan. 1982 to Dec. 1982 - ~~4 Jan. 1983 to Dec. 1983 - Jan. 19&4 to Dec. 1954 - ~'~: Jan. 1985 to Dec. 1535 - ~=."`s Jan. 1986 to Aug. 198G - 4 Aug. 198G to Aug. 1987 - Aug. 19 8 7 to Aug . 19 f3 8 - Aug. 1988 to Aug. 1939 - Aug. 1989 to Aug. 1>93 - ~4~ Aug. 1990 to Aug. 1991 - Aug . 19 91 to Aiig . 19 9.2 - 5 °; Aug. 1992 to Aug. 1993 - Aug. 1993 to Aug. 1994 - Su Aug. 1994 to Aug. 1995 - 5U Aug. 1995 to Aug. 1995 - 5=~ Aug. 1996 to Aug. 1997 - 53 Aug. 1997 to Aug. 1998 - ~`o Aug. 1998 to Aug. 1999 - 6 Aug. 1999 to Aug. 2000 - 6s Aug. 2000 to ~-~uct. 2001 - ~'' Aug. 2001 to A~~. 2002 - ~. Aug. 2002 to ~xu:~. 2G+~;3 - Aug. 2003 to :.u~7 2~~0 d - ; _ Aug . 2 0 0 4 to :-~uq . 2 ii u ~ - +:: '~ Aug. 2005 to :.u~:. 20JG - ~:-. Aug. 200v to ruck . 2007 - „ _ Aug. 2007 to I~ur. 200i~ - Aug. 2008 to t-~~~; . 2069 - s:: `s Aug. 2009 to 3i.<~. 2010 - _ . Aug . 2 010 to t'1uy . 2 01.;. - ~~ :, On the next page is a table of the rental amounts paid to tic Ci':.~. ;~ `. Santa Ana under tl~e existing lease since its inception iii 1°G1. ~ , ~ ~ 1 ~ , n I~ir. Novel Sames Page 7 Receipts from Amount Paid Accounting Year Services Percentum to City 1961 $ fl 0$ $fl 19u2 $ 10,467,31 38 $ 314.fl2 1963 $ 57,944.21 3$ $1,738.32 1964 $ 85,933.23 38 $2,471.71 196 $ 87,669.27 3$ $2,630.08 196 6 $ 95,107.48 3$ $2,853.23 1967 $ 96,727.51 3~ $2,901.82 1968 $123,994.70 3$ $3,739.84 19b9 $137,743.81 3~ $4,132.61 1970 $150,217.26 3# $4,506.46 1971 $153,350.51 ** $5,128.75 ** Three percent was paid u_~til August 20, 1971 Bien the rate was increased according to the agrc:e-:~ent to 4 $ . G , David `Payco Assistant to City :>iarager :.g e • To, Cites Manager ,, s. Jan. 30, 1973 -- i=rem: Director of Finance _ _. ~ ~ ;;~;,~~~~: Riverview Golf Course The basic lease terms including modification 11/2/64 and amendment 11/21/66 is summarized as follows: I. Lease = (1) 25 yrs from 8/21/61 to 8/20/86 - 9 hole course & improvements to be constructed at Lessee`s expense. Terms 1. No rental required during 1st yr., 3% during next 9 yrs. on all sales & services excluding foods & merchandise. 2. 4% next 10 yrs. 3. 5% next 5 yrs. Plus insurance - See Article 19 - to protect City. II. (2) Modification 11/2/64 (A) Granted on option to renew for 25 yrs. to 8/20/2011 w/notification to City of intent to exercise between 7/1/85 & 1/1/86 - Serve notice on City Clerk & City Manager (B) Extended terms: 1. 6% first 10 yrs. - excluding food & merchandise 2. 7% next 10 yrs. 3. 8% next 5 yrs. III. (3) Amendment 11/21/66 (A) Allow ingress & egress to single family residence of Novel B. James & granting of easement therefore. Gross receipts (exluding food & merchandise) and leasehold payments to the City of Santa Ana from 1961 are as follows: ~~~ .W:~~_. ~:~ .~ :. ~,; .' ' I City Manager -2- Jan, 30, 1973 YEAR GROSS RECEIPT % AMOUNT PAID 1961 $ 0 $ 1962 10,467.31 3 314.02 1963 57,944,21 3 1,738.32 1964 85,933.23 3 2,471.71 1965 87,669,27 3 2,630,08 1966 95,107.48 3 2,853.23 1967 96,727.51 3 2,901,82 1968 123,994.70 3 3,719.84 1969 137,753.81 3 4,132,61 1970 150,217,26 3 4,506.46 1971 153,350,51 3% to 8/20/71, then 4% 5,128,75 Mr, James also has a lease from the County giving him the expanded 18 hole course and other possibilities. His lease with the County provides for lease payments as follows on green fees, driving range, equipment rentals, and vending machines: 2% 1 - 5 years 3% 6 - 10 years 4% 11 years etc. to 8/20/86, with option to renew for 25 yrs. 5% 10 years 6% 15 years 2% straight through on restaurant and cocktail bar; plus 12% on pro-shop goods and merchandise, and including minimum monthly rental requirements. It is my understanding that the County~s lease charges its full percentage against any gross receipts that are generated from the joint properties. The last time Novel and I discussed the lease arrangement with the City, he was desirous of amending the lease with the City so that only one-half of the total green fees generated from the expanded course would be reportable to the City. This means that the joint properties would have had to double for the City to maintain its rentals at the 1971 level, He did not have a projected five year estimate for green fees and it was my opinion that the City would not have as favorable a position as the Countyf if his pro osal w"`~''~`' P t to the City Council, You will notice that the 1971 gross was in excess of $153,000, which means the City should get lease payments of (+) $6,000 in 1972, Rge.Lundell, Deputy Treasurer, received the annual statement and lease payment check from Mr. James on 1/26/73. Apparently this was the same day you talked with him. Anyway, the gross receipts from Riverview and the lease payments to the City is calculated as follows: 1st Quarter = $ 52,641.79 @ 4% $2,105.67 2nd, 3rd, & 4th. Quarter = $161, 424 , 51 @ 2% _ ~- --'-="-( --~-= $3,228,49 $214, 066.30 $5, 334.16 ~r. ~> ' °' ~/ ~f• I ~ City Manager -3_ Jan, 30, 1973 I have asked Reg to not receipt for the above check until we get some answers as to how the lease is to be modified, along with any revisions to the method of reporting by the lessee. It is my feeling that the City should not get less under its basic lease @ 4% for 1972 and thereafter than the 1971 gross at 4% would have produced. Specific items and changes to the lease are no doubt necessary to bring it up-to-date, however I am unable to come up with a recommendation that will weaken the value of the basic lease to the City. I suggested to Mr. James that the City might be agreeable to a lease modification that would mark 1971 as a base year at 4% plus 10% annual increase in gross (adjustable at the end of each 5 year period), He was not agreeable to this idea and he and Mr, Thornton went into discussion. Evidently no decision was reached. .b ~ -v Finance Director City 2~ianager January 26, 1973 RIVERVIEYd GOLF COURSE Mr. Novel James contacted me on January 26 about the study which was started last year under Mr. Thornton's direction to review the current lease which the City has with him-with the Riverview Golf Course operation. Mr. James indicated that several changes are desired by him on this lease including permission to obtain a beer license for the development of a new and expanded club- house facility. iie has promised to forward me a written request concerning the specific items which he would like adjusted in our current lease. In the meantime wi11 you please continue the re- view which you apparently started last year for Mr. Thornton of our current lease operations and furnish me with any recommenda- tions you might have concerning these matters. Bruce C. Spragg cc s PJove 1 Jame s .-._;., > a..a f„ . • `~~uy ~o~F • "The Game of a Lifetime" January 26, 1973 City Council City of Santa Ana Civic Center Mall Santa Ana, California 92700 Attention: Mr. Bruce Spragg, City Manager Gentlemen: Pursuant to your request made this date and referring to conferences, during past year, with your predecessor and the Director of Finance, I submit the following requested amendments and/or changes to lease dated 2nd day of November, 1964. To begin with I offer an overview of our leaseholds developments and activities. Just as there was doubt of the success of our initial development (9 holes opened in 1963) on City leasehold; doubt was expressed by lessors and others on our plans to convert the Santa Ana River channel to a turfed golf course. Although the future looks very promising, it, of course, is unknown. We added 10 more holes and began an 18-hole operation from County and City leaseholds on January 19, 1972. This was permit- ted by lease dated 16th of September, 1969, with the Orange County Flood Control District, adding 86 acres to our 38-acre City of Santa Ana leasehold. The joint leasehold was sought for the following reasons (listed in order of importance) 1) History indicates that an 18-hole operation has better chance of continuing profitable than 9 holes. (a) Many old customers had left us for "regulation" 18-hole operation. (b) Exposure t:o main thoroughfares as "windows" to business greatly needed for new customers and location identity. (c) Most of machinery used to maintain 9-hole course would be adequate to maintain 18-hole operation. ~ ~ ~~ ~, ~~ s~` ,i i~~ ~ ~~ ; ,, it 4 ~) ~'I 1800 West 22nd Street, Santa Ana, Calif. 92706 Phone 543-1115 ~~~LLLddd _ ~' M., *~ .~- t ~_~ - 2 - City Council January 26, 1973 2) Officials of Orange County Flood Control District advised writer that present County leasehold was under consideration for leasing to competitive company. 3) River View Golf owners desire to develop river into useful, greenbelt as complement to present golf course. Requested lease changes and/or amendments: 1) Beginning with Page 2, Section 3, "RENT", Paragraph "B" and throughout lease; to be changed to reflect that on January 19, 1972, City leasehold and County leasehold to be joined as common leasehold; same be referred to hereafter as "Joint Leasehold". Further, rent charge to be changed to one-half (1/2) of present requirement with annual minimum of twenty-four hundred dollars ($"2400.00). 2) Rent to be paid by the 20th of the following month of activity. 3) Remove the restriction for sale of beer and wine (leaving "other intoxicating liquors" prohibited) from Page 3, Section 5 "USE OF PROPERTY". As your lessee, these changes are of urgent need for River View Golf to be competitive with municipally-owned Willowick just 1? blocks away. Respectfully submitted, .~ Novel B, James, President River View Golf (A California corporation) 1800 West 22nd Street Santa Ana, California 92706 ~~