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HomeMy WebLinkAbout14.0 Westbank Golf Course Lease110 • GLENWOOD SPRINGS - WESTBANK GOLF COURSE LEASE (1978) THIS AGREEMENT, entered 1978, by and between WESTBANK Colorado corporation not for profit, of Glenwood Springs, Colorado, hereinafter called ".Lessor" and THE CITY OF GLENWOOD SPRINGS, COLORADO, a municipal corporation, hereinafter called "City", WITNESSETH: WHEREAS, Westbank Ranch No. 1, Ltd., a limited partnership, owns the Westbank Golf Course which is leased to Lessor in order to provide a recreational facility for residents of Glenwood Springs and the surrounding area, visitors trading in Glenwood Springs, and the public in general; and it has been determined that it is necessary and desirable that a golf course be maintained and made available for public use; and WHEREAS, extensive improvements have, from time to time, been made upon the Westbank Golf Course and it is expected that greater recreational benefits will ensue for residents and visitors to Glenwood Springs if the golf course remains open to use by the general public; NOW, THEREFORE, in consideration of the premises, Lessor does hereby lease to City a parcel of real property known as the West - into this //<' day of RANCH HOMEOWNERS ASSOCIATION, a bank Golf Course, adjacent to the Westbank Ranch Subdivision as shown on plats of the various filings thereof in the office of the Garfield County Clerk and Recorder and which is included in the heavy outline on the sketch plat attached hereto. This Lease Agreement shall run for a term of one year from January 1, 1978 through December 31, 1978, and shall be upon the following terms and conditions, to -wit: 1. Lessor shall manage and operate or cause to be managed and operated the golf course, including the bar and restaurant, during the term of this lease'for the benefit of the public. Exhibit M 2. City. agrees to pay during the term of this lease, in cash, the rental of $10.00, on the execution hereof. 3. Lessor agrees to provide supervision, maintenance and management of the golf course. Lessor shall carry public liability and property damage insurance with the City named as an insured in the following amounts: $500,000 bodily injury per occurrence and aggregate and $100,000 property damage per occurrence and aggre- gate. Lessor may collect green fees and other charges for the use of golf course and related facilities, but shall not collect membership fees or dues. Lessor shall employ and supervise a superintendent to assist in the operation and management of the golf course, shall keep accurate records and books of account, and on request of City shall render financial statements to City showing receipts and breakdown of disbursements, which records shall be subject to audit by City. The monies received from City and otherwise collected by Lessor shall be applied by the Lessor toward the employment of necessary personnel, for maintenance, operation, or repair of, or construction of improvements to, golf course facilities. 4. It is expressly understood and agreed that the bar and restaurant and golf course shall be open to use by the general public, at least during daylight hours, seven days per week during that period of the year when golf play is practicable, and particularly to the residents and visitors of Glenwood Springs, without discrimination, subject to the condition that Lessor reserves the right from time to time to use the golf course facilities for tournaments, but without any substantial interference to the general public's use of the golf course. • • 5. Lessor covenants that it has full and complete authority to enter into this Lease, that the terms of this Lease are not in violation of any instrument, covenant, or agreement affecting or relating to the Westbank Golf Course, including the bar and restaurant, and that the Lessor will defend the right of the City and those acting under it to peacefully use and enjoy *the Golf Course and to exercise all rights provided hereunder to the City, so long as the City is in compliance with the terms of this Agreement. The City shall have the right to enforce these covenants and all provisions of this Lease in its own name. 6. In the event a swimming pool, tennis courts, or recreational facilities are constructed on the Golf Course facilities, the City and those acting under it may use and enjoy the swimming pool, tennis courts or recreational facilities, at such daily or seasonal fees as the Lessor may prescribe, which rates shall not be higher than those charged to other users. 7. Concerning the "Contract of Purchase and Sale" attached as Exhibit "A" to that instrument recorded as Reception No. 267285 in Book 472 at Page 571 of the office of the Garfield County Clerk and Recorder, the Lessor covenants and represents that as of December 31, 1975, 150 lots have not been sold by Westbank Ranch No. 1, Ltd., in the proposed complex described in Paragraph 7 of such Exhibit "A"constituting the Westbank Ranch Planned Development Subdivision Filing No. 1 and 160 lots in subsequent adjacent filings, as set forth in the Preliminary Master Plan for Westbank Ranch. 8. In the event the City may be required to pay any taxes of any kind by virtue of this lease or the exercise of any rights hereunder, the amount of such taxes shall be • • deducted from any rent due hereunder. If such taxes exceed the rent, Lessor shall pay such excess to the City. City agrees to cooperate with Lessor, without expense to City, in obtaining and maintaining any tax exempt status with regard to the demised premises. 9. In the event the Clubhouse facilities become damaged or untenantable by reason of casualty, fire or other act of God, all insurance proceeds collected on such loss shall be forthwith applied towards reconstruction or repair of Clubhouse facilities, and such reconstruction or repair shall be completed no later than one year from the date of the damage. During such time as the premises remain untenantable, Lease payments hereunder shall be abated. 10. Neither party shall assign its rights under this Lease, without the prior written consent of the other party, which consent may be withheld for any reason. 11. This Agreement shall inure to and bind the parties and their respective successors in interest and assigns of all kinds. 12. This Lease shall not constitute a debt of the City nor a call on future budgets of the City. The City's obligations hereunder shall at all times be subject to the prior appropriations in its budgets for funds necessary to perform its obligations hereunder. If the City fails to appropriate money in its annual budget to discharge its obligations hereunder, this Lease shall terminate as of the first day of the budget year for which funds were not budgeted. 13. The Lessor shall indemnify and hold the City harmless for all claims and losses of any kind arising out of the use or operation of the golf course, including the use of water, ditches, and of water rights to irrigate the golf course. This indemnity shall include the defense • 1 and cost of defense of all suits brought to and for such claims or losses arising out of the operation of the golf course, but shall exclude claims arising out of the acts or omissions of the City. As an alternative to assuming the defense of the City in the event of such suit, the Lessor may immediately terminate this Lease Agreement, without further liability, provided that by such termination the City shall be as protected and as indemnified as it would be without termination. 14. Notices: All notices required or permitted hereunder to be given to the parties shall be deemed sufficiently delivered if mailed certified mail, return receipt requested, effective as of the date of mailing, to: IF TO LESSOR: IF TO CITY: WESTBANK RANCH HOMEOWNERS City Manager ASSOCIATION 806 Cooper Avenue P. O. Box 95 Glenwood Springs, CO. 81601 Glenwood Springs, CO. 81601 SIGNED AND EXECUTED by the parties to become effective from and after January 1, 1978. WESTBANK RANCH HOMEOWNERS ASSOCIATION, a Colorado no± for profit corporation President ATTEST: Secret ry ATTEST: Robert M. West, Jr. Director of Finance APPROVED AS TO FORM: •T: P-eter `Crav6n City Attorney APPROVED AS TO SUBSTANCE: a kje-i--'11- John D. West City Manager THE CITY OF GLENr1OOD SPRINGS Ashton Durrett, Mayor