Loading...
HomeMy WebLinkAboutItem VI (A) Discussion re: Golf Course Fee Structure ‘ AGENDA 1-4-94 k Item VI A "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" S.SCOTT VANDERGRIFT Ocoee- o� '"tiiti- t-,s., \ CITY OF OCOEE RCOMMISSIONERS srMJOHN oN d PAUL W.FOSTER vL 150 N.LAKESHORE DRIVE�" OCOEE FLORIDA 34761-2258 VERN COMBS e#, (G...}:t (4�656-2322 JIM GLEASON yrCp G00� cs[YMANnGE2 ELLIS SHAPIRO MEMORANDUM TO: The Mayor and City Commissioners FROM: Ellis Shapiro, City Manager DATE: December 30, 1993 RE: Forest Lake Golf Club of Ocoee Operational Phase As Forest Lake Golf Club is nearing completion of its construction phase and as a result of the terms and conditions of the Ground Lease Agreement as amended on April 14, 1993, the following information is presented to the Board of City Commissioners and is as follows: 1 . Rate Sheet for Golf Course Fees for comparable golf courses in the area. 2. Golf Course Score Card. 3. Photographs of the golf course in various construction phases. Pursuant to my review of the fees, it appears that Mr. Ezell has met the requirements of the lease regarding the comparison rate study and the appropriate fees for the golf course. Mr. Ezell will be available to answer any questions you my have. Respectfully, E is $ ,: :1 . f ES/emk/221 Attachments I) EC - Z50 - 'E43 THli 1 1 : 1 CL I FTON , E = ELL u CL I FTON P . I 2 �j 1, lAVAtiP. b gMed et • e ./i. •:•"•:.7:7e7::: �— -- FOREST LAKE GOLF CLUB OF OCOEE RATES 1994 Peak High Season: 1/16 to 4/30 Shoulder Season: May, & 10/1 to 1/15 Value Season: 6/1 to 9/30 DAILY PEE RATES: 18 holes with 1/2 golf cart TWILIGHT RATE Peak High Season $34 $22 Shoulder $27 $21 Value $23 $18 OCOEE ASSOCIATE RATE: A' Peak $29 $20 Shoulder $24 $18 ' Value $18 $15 COMPARABLE GOLF COURSE STUDY: ORANGE AND SEMINOLE 12/29/93 OCOEE ASSOCIATE 1. CYPRESS CREEK PEAK $36 PEAK $29 SHOULDER $32 SHOULDER $24 2. DUBSDREAD PEAK $28.50 PEAK $29 SHOULDER/VALUE $20.50 SHOULDER $24 VALUE $18 3. EASTWOOD PEAK $43/$48 PEAK $29 SHOULDER $30/$35 SHOULDER $24 4. HUNTERS CREEK PEAK $53 PEAK $29 SHOULDER $45 SHOULDER $24 5. METRO WEST PEAK $62 PEAK $29 SHOULDER $52 SHOULDER $24 6. TIMACUAN PEAK $58 PEAK $29 SHOULDER $40 SHOULDER $24 *RATES DO NOT INCLUDE APPLICABLE TAX OCOEE ASSOCIATE: $15.00 ANNUAL FEE PROVIDES THE FOLLOWING BENEFITS 1.) 8 DAY ADVANCE PREFERRED TEE TIMES 2.) HANDICAP SERVICE 3.) RATES OUTLINED ABOVE DEC - 3C3 - '? .3 -r LJ 1 1 : 4 CLIFTON .. EZELL a1 CL I FTON P _ 1.3 Z5 4:01111V FOREST LAKE GOLF CLUB OF OCOEE 51,/ MULTIPLE PLAY PASSBOOKS DAILY FEE: 10 Play Coupon Book ShoulderPeak $306 $30.60 round Value $246 $24.60 $204 $20.40 " 20 Play Coupon Book Peak $544 Shoulder $438 $27.20 round Value $362 $21.90 $18.10 " ..00OEE ASSOCIATE: 10 Play Coupon Book Peak $270 Shoulder $220 $27.00 round $22.00 $16.20 Value $163 " 20 Play Coupon Book Peak $483 $24.15 round Shoulder $378 $18.90 " Value $286 $14.30 1 OTHER RATES AND PROGRAMS RANGE BALLS: 1 TOKEN REGULAR BUCKET $3.00 WT. TAX RANGE PROGRAM 10 TOKEN $27.00 WT. TAX 20 TOKEN $48.00 WT. TAX 50 TOKEN $100.00 WT. TAX INDIVIDUAL LESSONS: 45 MINUTES $25.00 WALKING: During Shoulder and Value Season we will offer a nine hole only "Early Bird" walking special during the week: Tee times will vary thru the seasons based on daily-lite and maintenance schedules. A special discount will be offered to Senior and Juniors. After 5:00 pm ( 'Day-lite' permitting) walking will be allowed to players who demonstrate playability criteria outline by the Golf Shop. The criteria will be designed to insure speed of play. TEE TIMES: Associate Card Holders 8 day in advance Others 5 day in advance ASSOCIATE CARD HOLDERS: Ocoee residents and other card holders will receive the following: 1.) Preferred Advanced Tee Times Placement 2.) Discount as Outlined in Rates Above 3.) Handicap Service FOREST LAKE GOLF CLUB OF OCOEE SCORE CARD HOLE PAR GREEN GOLD BLUE WHITE RED 1 5 542 525 501 476 412 2 3 213 180 156 136 114 3 4 415 400 390 363 314 4 4 429 408 380 361 333 5 4 383 369 357 344 289 6 3 204 185 171 135 91 7 4 376 358 340 294 257 8 5 513 500 490 438 394 9 4 406 395 375 349 328 TOTAL 36 3,481 3,320 3,160 2,896 2,532 HOLE PAR GREEN GOLDE BLUE WHITE RED 10 531 505 485 414 398 11 4 395 380 365 303 262 12 4 397 380 367 353 281 13 5 566 540 515 497 459 14 3 221 188 155 170 138 15 4 403 372 342 327 310 16 3 218 196 163 131 109 17 4 414 374 365 325 304 18 4 457 427 395 378 310 TOTAL 36 3,602 3,326 3,152 2,898 2,571 TOTAL 72 7,083 6,702 6,300 5,894 5,103 under protest but shall protect Lessor and the Premises from any lien by adequate surety bond or other appropriate security. Either party shall, upon the other party's request and at the other party's expense, join with the other party and cooperate in any proceeding in which there are reasonable grounds for contesting any taxes, assessments, or charges; provided, however, that Lessor's obligation to join with Lessee in any such proceeding is condi- tioned on Lessee preventing any liens from being levied on the Premises. 3 .9 Proof of Compliance. Lessee shall furnish to Lessor receipts or other appropriate evidence establishing payment of all taxes, assessments and other charges payable by Lessee. ARTICLE 4. OBLIGATIONS OF LESSEE 4 . 1 Operating Hours and Standards. Upon commencement of the Operational Phase of the Lease, the Golf Course Facility shall be open to the public on such days and during such hours as Comparable Golf Courses, as defined below. Lessee shall operate the Golf Course Facility in accordance with standards of operation and service which equal or exceed such standards for Comparable Golf Courses. As used in this Lease, "Comparable Golf Courses" shall mean first-rate public and semi-private golf courses in Orange County and Seminole County, Florida. 4 . 2' Reasonable Fees and Prices. (a) Fees for golf and other services and prices for food, beverages and merchandise items sold at the Golf Course Facility shall be fair and reasonable. Reasonable fees and prices shall mean fees and prices which do not exceed fees and prices for 26 11/25/91 comparable services and food, beverage and merchandise items at Comparable Golf Courses. (b) If the City Manager of Lessor ("the City Manager") makes a preliminary determination that any particular fee or price of Lessee at the Golf Course Facility is excessive in relation to fees and prices for comparable services or food, beverage or merchandise items at Comparable Golf Courses, he may notify Lessee in writing that it must reduce such fee or price, and Lessee shall have thirty (30) days from the date of receipt of such notice to implement an appropriate reduction in accordance with such notice. Such fee or price may thereafter be reinstated with the written approval of the City Manager if Lessee is able to produce evidence demonstrating to the City Manager that such fee or price is reasonable in relation to fees and prices for comparable services and/or food, beverage or merchandise items at Comparable Golf Courses. In the event the City Manager declines to approve the reinstatement of such fee or price, Lessee may appeal the decision of the City Manager to the Ocoee City Commission, which shall evaluate the evidence presented and make a binding determination, subject to judicial review as provided by applicable law. In no event shall Lessor, the City Manager, or any officer, employee or agent thereof, including any member of the Ocoee City Commission, be liable in damages or otherwise to Lessee or to any third party for any action taken under this Section 4.2 or for any failure of Lessor to enforce its rights hereunder. 27 11/25/91 (c) Notwithstanding any other provision hereof, Lessee shall offer a discount card to residents of the City of Ocoee at a price of approximately $15. 00 per year, as reasonably adjusted from time to time. This resident's card shall entitle the holder to a discount of at least ten percent (10%) on the then current fees for golf and the rental of golf carts. 4. 3 Maintenance of the Facilities. Lessee shall, at its own cost and expenses, at all times during the term of this Lease, maintain the Premises, the Facilities and any other improvements to the Premises in good condition and make all necessary repairs thereto. Lessee shall refurbish or replace portions of the Facilities as necessary. All work and materials in connection with such refurbishment or replacement shall be subject to the prior written approval of Lessor. 4. 4 Maintenance of Personal Property. Lessee shall, at its own cost and expense, at all times during the term of this Lease, maintain and repair and, as needed, replace the Personal Property. Lessee shall maintain a current inventory of the Personal Property and shall annually deliver to Lessor a copy of such inventory. 4 .5 Environmental Audits. No less frequently than once every two (2) years after the Commencement Date, Lessee shall conduct a Phase I environmental audit of the Premises. Such audit shall be conducted by a firm selected by Lessee, but subject to the reasonable approval of Lessor. The audit shall include a physical inspection of the Premises to visually identify areas of environmental concern. The audit shall include all observations 28 11/25/91 and other activities which would normally be undertaken by environmental consultants or engineers under similar circumstances in order to determine the environmental condition of the Premises, including, without limitation, observations of the condition of soil and vegetation, on-site refuse and unusual topographic features. The environmental audit shall result in a written report addressed to both Lessor and Lessee detailing the firm's findings regarding the presence of environmentally hazardous substances and/or the potential for environmental impacts at the Premises. The cost of such environmental audit shall be borne by Lessee. If such environmental audit reveals any environmental condition at the Premises arising out of or in connection with Lessee's operation of the Facilities at the Premises which is in violation of any applicable federal, state or local law, ordinance, regulation or rule, Lessee shall promptly undertake, at its sole cost and expense, any remedial action required by such law, ordinance, regulation or rule. 4. 6 Customer Complaints. In the event that any written customer complaint with respect to Lessee's operations at the Premises is delivered to Lessee (or to Lessor and is forwarded to Lessee) , Lessee agrees that it shall promptly respond in writing to such complaint and make a good-faith attempt to explain, resolve or rectify the cause of the complaint. Additionally, Lessee shall provide to Lessor, without further demand, a copy of each such complaint and its written response thereto. 29 11/25/91 • 9. Section 3 . 3 is deleted. 10., Section 4 . 1 of the Lease is amended to provide as follows: "As used in this lease, 'Comparable Golf Courses' shall mean at least six (6) first rate public and semi-private golf courses in Orange County and Seminole County, Florida, as reasonably determined by the City Manager from time to time. " 11. Sections 4 .2 (a) and (b) are amended to provide as follows: 4.2 Reasonable Fees and Prices. (a) Fees for golf and other services and prices for food, beverages and merchandise items sold at the Golf Course Facility shall be fair and reasonable. Reasonable fees and prices shall mean fees and prices which do not exceed fees and prices for comparable services and food, beverage and merchandise items at Comparable Golf Courses. This standard does not mean that Lessee's fees and prices must be as low as the lowest fees and prices at any Comparable Golf Course or that Lessee must match any discounted fees or prices offered at any Comparable Golf Course. (b) (i) At the request of the City Manager of Lessor (the "City Manager") , Lessee shall promptly provide Lessor with the results of a survey of fees for golf and other services and prices for food, beverages and other items at Comparable Golf Courses. If, after reviewing the results of such survey and any other information he deems to be pertinent, and after affording Lessee the opportunity to meet with him to discuss the results of the survey and any such other additional information, the City Manager determines that any particular fee or price of Lessee at the Golf Course Facility is excessive in relation to fees and prices for comparable services or food, beverage or merchandise items at Comparable Golf Courses, he may notify Lessee in writing that it must reduce such fee or price, and Lessee shall have thirty (30) days from the date of receipt of such notice to implement an appropriate reduction in accordance with such notice, unless it appeals the City Manager's determination to the Ocoee City 4 Commission by written notice to the City within five (5) days after it receives notice of the City Manager' s determination. In the event of such an appeal, the Ocoee City Commission shall consider the matter and make its determination not less than 1 five (5) nor more than thirty (3 0) days after the date of Lessee's appeal. If the City Commission determines that Lessee must reduce any fee or price, Lessee shall have thirty (30) days from the date of receipt of notice of such determination to implement an appropriate reduction in such fee or price, unless it provides written notice to the City within five (5) days after receipt of notice of the City Commission's determination that it elects to submit the matter to binding arbitration in accordance with the provisions of the Florida Arbitration Code, Chapter 682, Florida Statutes. (ii) If it elects arbitration as described above, Lessee shall seek to obtain Lessor's agreement as to a single arbitrator who shall resolve the matter. If such agreement is not reached within ten (10) days after receipt by Lessor of notice of Lessee's intent to seek arbitration, Lessee and Lessor shall each have an additional five (5) days in which to select an arbitrator. The arbitrators selected by the parties shall meet promptly to select a third arbitrator. If the arbitrators selected by the parties are unable to agree upon a third arbitrator within five (5) days after they have both been appointed, the parties shall petition the Circuit Court, Orange County, Florida to select the third arbitrator. All fees, costs and expenses in connection with the arbitration, including, without limitation, the fees of the arbitrators and counsel fees, shall be paid as provided in the arbitration award. It is the intention of the parties that any such arbitration be conducted on an informal basis and pursued to completion in an expedited manner so that the arbitration is concluded and a decision rendered within ninety (90) days after receipt by Lessor of Lessee's notice to arbitrate. The parties agrees that venue for any legal proceedings in connection with any arbitration under this Lease shall be in the Circuit Court for Orange County, Florida. (iii) In no event shall Lessor, the City Manager, or any officer, employee or agent thereof, including any member of the Ocoee City Commission, be liable in damages or otherwise td Lessee or to 5 any third party for any action taken under this Section 4.2 or for any failure of Lessor to enforce its rights hereunder; provided, however, that Lessor may be liable for payment of fees, costs and expenses in connection with arbitration under this Section 4.2 as described in subsection (b) (ii) above. " • 12. The last sentence of Section 4. 3 is amended to provide as follows: "All work and materials in connection with such refurbishment or replacement shall be subject to the prior written approval of Lessor, which such approval shall not be unreasonably withheld; provided, however, that Lessee shall not need to obtain Lessor's approval if the effect of such refurbishment or replacement is to restore the facilities substantially to their original condition. " 13 . Section 4.8 is deleted. 14. Section 6. 1(a) is amended to add the following after the second sentence thereof: "Notwithstanding any other provision of this Article 6. 1 (a) , in the event of foreclosure of Lessee's leasehold interest by a Mortgagee or a transfer of such leasehold interest in lieu of foreclosure the proviso to the first sentence of this Section 6.1(a) shall not apply. In the event Lessor declines to approve a proposed assignment to a purchaser upon a foreclosure of Lessee's leasehold interest by a Mortgagee or a transfer of such leasehold interest in lieu of foreclosure, Lessee may submit such matter to binding arbitration in accordance with the procedure set forth in Section 4 . 2 (b) . 15. Section 6. 1(b) is amended to add the following at the conclusion thereof: "This Section 6. 1(b) shall not apply with respect to an assignment of Lessee's leasehold interest as a result of foreclosure by a Mortgagee or transfer in lieu of foreclosure, or with respect to an assignment by a 6