HomeMy WebLinkAboutItem VI (A) Discussion re: Golf Course Fee Structure ‘ AGENDA 1-4-94
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"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" S.SCOTT VANDERGRIFT
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CITY OF OCOEE RCOMMISSIONERS
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d PAUL W.FOSTER
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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,
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Attachments
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�— -- 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
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