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3. Golf Course Lease� t f 01011 Incorporated 1892 Telephone (406) 758-7700 FAX (406) 758-7758 Post Office Box 1997 Kalispell, Montana Zip 59903-1997 M-"MO To: Mayor & City Council From: Al Thelen, Interim City Manager Date: May 10, 1996 Re.: Proposed New Lease with the Kalispell Golf Association Regarding Buffalo Hills Golf Course Included in your packets are three leases regarding this issue. The 1988 lease, the proposed lease from the K.G.A., and the proposal developed by City staff. The City Attorney has prepared a comparison regarding the major differences in the three leases. Apparently, negotiations for a new lease were initiated in the later half of 1994, a number of proposals have been made by the City and the K.G.A. without much progress in reconciling the major differences. There are a number of factors that you,need to be aware of in considering this issue: A. The K.G.A. has done a good job in maintaining and expanding the golf course for a long period. B. The current lease expires in 2008. C. The value of the golf course and property is somewhere between 5 and 7 million dollars. Douglas Rauthe Mayor AI Thelen Interim City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Norbert F. Donahue Ward II Dale Haarr Ward II Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV Mayor and City Council Page 2 May 10, 1996 D. The current lease was not processed according to law in that 2/3 of the Council did not approve it, and the lease was not submitted to the voters. (See attached opinion of City Attorney.) E. In February of 1995, after considerable discussion, the majority of the Council rejected the idea of a tiered fee schedule. F. Approximately Z of the users of the facility live outside the City of Kalispell. G. The gross receipt figures for green fees, membership fees, and driving range for the past five years were: 1995 1994 .1993 1992 1991 Driving Range $ 21,151 $ 21,806 $ 27,028 $ 31,168 $ 25,805 Membership Dues 366,600 384,700 394,700 369,800 318,225 Greens Fees 368,480 368,074 421,698 538,743 508,024 Total $756,231 $774,580 $843,426 $939,711 $852,054 The five year average is $833,200, and at 3%, it generates - � $2-; t99-. Very close to your goal of $25, 000 . Due to seasonal Al charges, it is my opinion that one has to look at a 3 to 5 year cycle in projecting activity. H. The current year's costs for property insurance is $1,771. I. The preliminary FY 1997 budget was prepared on the basis of the current lease. In the limited negotiation sessions that I have been a part, the K.G.A. representatives have consistently talked about the poor revenue years that they experienced in 1994 and 1995, and the flood Mayor and City Council Page 3 May 10, 1996 damage that they have experienced this year. They feel that the increase from 1% to 3% or higher as the base for the City's lease payment is too high. They want to talk about the increased dollars that we might receive during the life of the new contract as compared to the existing lease and have expressed little understanding of the present value of money. They feel the current lease is a good one for the City and we should not be trying to change it. I have expressed your desire to see that the new lease is for the benefit of the entire community. --It:-does appear that a lease will have to be placed on the November ballot, and we will have to present that ballot issue to the County Clerk by August 22, so you will have to act on it no later than August 5, 1996. The staff recommends the new lease that we prepared and would recommend that we continue with the current lease, subject to a declaration of invalidity, rather than approve the lease submitted by the K.G.A. TO: Bruce Williams, City Manager FROM: Glen Neier, City Attorney Re: Kalispell Golf Association Lease I have researched both statutory and case law relavant to the questions asked in you memo of August 24, 1995. S 7-8-4201, MCA is quite specific in its requirments for the sale or lease of City property: . . . the city or town council may sell, dispose of, or lease any property belonging to the city or town. (2) (a) The lease or transfer must be made by ordinance or resolution passed by a two -third vote of all members of the council. According to your research in the matter the City Council on August 22, 1988, approved the golf course lease, now in effect, by a vote of 5 to 3. At the time of the approval the Mayor did not have a vote except to break a tie. The vote did not meet the necessary 2/3 requirement set forth in the statute. McQuillan, Municipal Corporations 5 29.104.30 the dicusses the status of a contract entered into in violation of a statute. ". . . no ratification or estoppel can make alwful a municipal contract which is beyond the scope of the corporate powers, or which is not executed in compliance with madatory conditions prescribed in the charter or statutes. . ." "A contract casnnot be ratified if it violates and express provision of the . . . statutes ." "The fact that the other party to the contract has fully performed its part of the agreement, or has expended money in reliance of its validity, does not estop the city from asserting ultra vires, nor is a municipality estopped to aver its incapacity to make a contract because it receive benefits under its. . . " McQuillin in the above language is stating that a contract made by a city which either is in excess of staututory authority or in violation of a statutory mandate is illegal. The net effect is that the contract is invalid and void and cannot be enforced. The Montana Supreme Court in Prezeau vs. City of Whitefish (1982) held that the provisions of S 7-8-4201, MCA were to be strickly construed and required an election would be required to enable the City of Whitefish to lease certain trust park land to a rifle club. The Court ruled that the statute meant exactly what it said. Although, Prezeau deals with trust land, a Court in order to rule the KGA lease as valid would be forced to alter the statute to mean something it does not say. It is the opinion of this office that the lease entered into between the City of Kalispell and the Kalispell Golf Association is invalid and the parties should immediately begin negotiations to write a contract which can be approved requisite number of councilpersons. In the absence of a new agreement, the City and the KGA have really no lease to enforce. C�COvOi000< v 000446 .„Nr $ �„N C7 �y O vOi O [O.t feV� v� CC* gyp} iR O n vNt M &9 H ~ `'� .�nw H ifl Off{ H H P K i009 r C 7 CA d fA to H 49 H �q t�1 ID 0 in e N�N o N eon 41 eMioriB�d y6„AH v;trf t+ofapg$ rise e3o�npp [pr�ep+pf�eplvM, 64 f1�i01 Y1��i„A wr, ppp H d v, �Ht04 fAHK�H� �i~R�f9 w G A � 00 > � � V CO i�•a QQ Q O O O O 0 0 0 0 O O Q r�gg2525 Qg Qg$ Q 6/ In 64 ao} iR teOy iR� O r O f�RH O V1 G9 O KfP1K tr O� O N SVHH vi t� tS w O K O Y� .pp W Cafe iA O O KtA pvp� O °H� N tmri 7 iA L4 �yri id9 yi yOj y� pp 00 ti h K � tj G w O I o o c g Q $ $ 1 �iVp. ..fir N �y tJ � °i U H H rT H ice' PC u P- M .r A 2 OC 5 G U fA E q iis °3.1 r ov�g'wzz a3 Sp. H 7 �•5 � $fir �� R�� C.qW � � W �� °U 94w ��4 � $ S B tna C a g'� aUv ffidg IGw`a� iz Fj c 0 eax°c3Arz.z q �5 a IBM, w ciu� xU�«a go 16mooMfo�, winU� > 0 U e h Fq vi i wWTP.. CALENDAR YEAR 1993 r y r m, Health Aa office Supplift Wna offte equip VOWPAW supplies aft*"* * Lob MpPHW JKd?AXW SUPPUCS ,a. Chetnicab other supplies Gas & Oil Consumable tools postagefreigbt Dues ElectricitY .-__ N Gas Telephone Lab Service Auditing Contract Service Training materials Consultants PSC Tu Repair & Maint. Equip Maim BuMing Main. Radio Maint. School & Travel Equip prop & Limb. Rrs. eenuld Garage Admin. Transfer Data Proc Transfer Debt service Evergreen -dual Cast to Evergreen Fvcrnreetr F1owS City of Kalispell Flows calendar year S 108,843.86 $113,696.73 S222,540.59 .10 S8,431.92 S14,660.02 S 13,176.20 S13,333.45 $26,709.65 $7.095.63 $6,573.73 $13,669.36 S325.84 S7793 $403.77 .00 AO 2.17 SMA VaI3 SI.667.84 $543.90 S2.211.74 S2.109.13 S1.425M S3.335.09 S151.18 S101.68 $252.86 3.13 $0.00 52,303.13 S4,$27.75 SI -W $17,077.14 S1,731.52 Si, ." S3,426.S0 S1,086.91 $3.428.74 $4,515.65 S4,803.46 $1,092.81 $5,896.27 S188.08 S304.39 $492A7 SZ915.00 $285.00 $3,200.00 S72.00 $210.00 $282.00 S63,370.75 $71,223.46 $134,594.21 S915.70 S1,041.74 S1.957.44 $14.433.64 $9,454.55 $23,888.19 $1,292.07 S1,530.69 S2,822.76 S3,220.27 S2,299.41 S5,519.68 S1,550.00 S0.00 S1,550.00 S45,965.51 S53,741.96 S99,707.47 $273.35 $273.24 $546.59 $760.00 $0.00 $760.00 $0.00 S268.54 S268.54 $0.00 S243.75 S243.75 S22,814.41 S20,928.83 $43,743.24 $1,631.29 $1,014.54 $2,645.83 S71.50 $0.00 S71.50 S%2.74 $1,057.46 $2,020.20 $0.00 S150.94 $130.94 St,sMM S25,265.57 S26,765.57 S5,000.00 $51000.00 $10,000.00 S33,548.46 S41,298.85 $74,847.31 S5,964, $4,022,g4 S9,987,36 S361,851.45 $403,016.50 S764,867.95 x 16.847242% $128,859.16 S167 SM.0000 $167.500.00 $335,000.00 x 16.947242% S529,351.45 $570,516.50 SL099.8" $55,530.00 $56,388.00 $111,918.00 113.303.600 = 0.16847242 672,535,000 Rate per thousand: rate: 'Kalispelrs M&O $764,967.95 $1.14 Replacement Cost $335,000.00 54,54 S1.64 $56,439.26 $185,297.42 $111,918.00 weal S22LWA2 billed S309,899.31 corn My brill $300.00 4 due 9S ($12,683.89) adj due 94 ($LVA.0) Lt13a692.531 1998 LEASE 1. 2. Term- July 1, 1988— Septexuber 30, 200& 3. Gross -driving range (golf ball rentals); sale of season passes; daily green fees. 4. Rent-1% of Gross receipts, mcrease/decrease 0.1% every 5 years. S. Termination for failure to City assumes all outstanding capital improve- ment obligations. 6. Alterations or improvements- City's consent required for improvements over $25,000; no notice or accounting for improvements less than $25,000. 7. Golf Fee- Annual City review of golf fees. S. Liability Insurance- $1,000,000. T 20 years from 'Perm- 20 yem from date of approvaL date of approvaL Gross rece€ iving Gross receipts —driving range (golf ball rentals); range (golf ball rentals); membership fees (season membership fees (season passes); sale of green fee passes); sale of green fee punch cards and other punch cards and other green fees. green fees. Rent- Lesser amount of 3% Rent- 3% of Gross Gross receipts or $25,000; receipts; increase/decrease increaseldecrease 0.5 % 0.5% every 5 years. every 5 years. Termination for failure to Termination for failure maintain- City assumes all to maintain- City does outstanding capital improve- not assume outstanding ment obligations. capital improvement obligations. Alterations or improvements- Alterations or improve- City's consent required for ments- City's consent improvements over $25,000; required for improve - no notice or accounting for ments over $25,000; improvements less than $25,000. KGA to report annually on improve- ments of < $25,000. Golf Fee- Current fee schedule Golf Fee- Current fee attached; KGA's discretion to attached; KGA's adjust fees 10iDPo yearly w/o discretion to adjust City approval. fees 10% yearly w/o City approval. Liability Insurance- Liability Insurance- $1,500,000. $1,500,000. a Five Insurance- City maintains policy on improvements. Free Ix City maintains policy, KGA pays premium which is credited to refit payment. f. Y � •'iY . 1l. A"i l 'x ExIsft Lem 4 or 98bhding effed of C: rty `s Frorso-L THIS LEASE, made and entered into as of the , by and between the City of Kalispell, Montana, a Municipal Corporation, hereinafter referred to as LESSOR, and the Kalispell Golf Association, a Montana Corporation, hereinafter referred to as LESSEE, W I T N E S S E T H: For and in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows: 1. PROPERTY: LESSOR hereby leases to LESSEE and LESSEE hereby leases and hires from LESSOR those certain premises and all appurtenances thereto situated in Kalispell, Flathead County, Montana, as follows: All of that property owned by LESSOR and commonly known, referred to and utilized as the Kalispell City Golf Course. Attached as Exhibit "A" is a map with the subject premises outlined. Attached is Exhibit "B" which identifies the boundary and fenceline between the golf course and the north portion of the old Lawrence Park. The total area consists of approximately 240 acres. 2. TERM: TO HAVE AND TO HOLD the above rented premises during the full term of twenty (20) years, which term shall begin upon the date of approval of this lease as required by section 7-8- 4201 (2)(b) MCA, and shall terminate upon the expiration of said 1 full twenty year term, unless terminated sooner as hereinafter provided. 3. GROSS R,E.CEIPTS: For purpose of this Lease "Gross Receipts" shall be defined as all gross receipts obtained by LESSEE from the operation of the driving range (golf ball rentals), membership fees (season passes), the sale of green fee punch cards and other green fees. All other receipts shall not be defined as gross receipts under the provisions of this lease and shall be and remain the sole income of LESSEE. The definition of "Gross Receipts" as specified herein, shall be subject to renegotiation under paragraph #18 of this lease. 4. RENT: LESSEE shall pay to LESSOR, as rent, a sum to be determined annually as herein provided, payable in arrears, on or before the 30th day of June, commencing with June 30, and continuing on the 30th day of June throughout the term of this Lease. The full term of this Lease shall be divided into four (4) equal five year segments. The annual rent for the first five year period shall be the greater Unt either three percent (3.00%) of the Gross Receipts, as defined above, . or Twenty Fiv=- At the end of that first five year period, and at the end of each subsequent five year period, the Parties shall review the financial situation of LESSEE for the purpose of determining the amount of rent to be paid for the next five year period. It is agreed that in no event shall the amount of rent be raised or lowered for any subsequent five year period by more than 2 one-half of one percent (0.5%) of said Gross Receipts. Once raised or lowered, that rent will apply for the next five year period. Said rent payment shall be mailed or delivered to LESSOR at the Kalispell City Hall. All prior rents due by LESSEE to LESSOR under that certain lease dated July 1, 1988 are hereby deemed and agreed to be paid in full and let it be known and agreed that this lease dated supersedes any and all Leases between the Kalispell Golf Association and the City of Kalispell. 5. USE OF LEASED PREMISES: LESSEE shall use the leased premises for the primary purpose of operating a municipal golf course; however, LESSEE shall also encourage members of the general public to utilize said premises for such other purposes as cross- country skiing, sledding and jogging, subject however, to reasonable rules and regulations regarding the conduct of such activities as may be promulgated from time to time by LESSEE. LESSEE agrees to observe all Federal, State and municipal laws and regulations including those related to human and equal rights and in particular Bureau of Outdoor Recreation regulations. 6. MAINTENANCE AND REPAIR OF PREMISES: LESSEE agrees to maintain the above described premises in as good a condition as the same are in at this time, or as good as they may be put by LESSOR during the term hereof in case of a casualty loss causing repair or reconstruction by LESSOR; and to return said property to LESSOR at the expiration of said lease in said condition, reasonable wear and tear and damage by the elements alone excepted. In the event LESSEE refuses or neglects to keep the above -mentioned premises in 3 such order and condition hereinabove mentioned, LESSOR shall have, after first giving ninety (90) days written notice to repair, the right to declare this lease null and void and of no further force and effect. In this case the annual payments of rent shall terminate and LESSEE shall not in any way be responsible for any future rent payments, and fiHS9()R in taking over the premises shaij H,en existing-;- LESSEE agrees to maintain and keep in repair all water lines and pumps on said golf course, and to attend to the shutting off of the water supply and draining of all pipe lines in the fall, and to turn the water in to said system in the spring. 7. ALTERAT1ONS AND IMPROVEMENTS: LESSEE shall not make any alterations or improvements to the premises or the appurtenances located thereon in excess of Twenty Five Thousand Dollars ($25,000.00) at any one time without having first received approval from the LESSOR of the intended alteration or improvement. LESSEE shall report to LESSOR annually on alterations and improvements costing less than $25,000.00. B. UTILITIES: During the entire term of this lease LESSEE shall pay when due for required utilities serving the leased premises, including but not limited to, electrical, gas, telephone, water, sewer and garbage services. LESSEE shall also be entitled to continue use of LESSOR's appropriated water right of the Stillwater River adjacent to the golf course premises without charge. LESSEE in using the water from the Stillwater River under 4 said water rights shall operate and maintain the system and pump for such purposes. 9. PERSONAL PROPERTY AND FIXTURES: All personal property hereinbefore or hereinafter obtained in connection with the operation and maintenance of the Kalispell City Golf Course shall be the property of LESSEE; provided, however, that all fixtures that have been or may be installed on the premises and attached thereto have or will become part of the premises and are the property of LESSOR. 10. COST OF OPERATION: All costs of operation including the cost or providing supplies, equipment, tools, labor and other such items and the entire cost of maintaining and operating the golf course, the club house and other appurtenances shall be the sole responsibility of LESSEE. 11. USE OF CLUBHOUSE BY LESSOR: Although LESSEE shall have the exclusive use and supervision of all buildings on said premises including that structure known as the clubhouse, it is agreed that LESSOR shall be entitled to use of the clubhouse at any convenient time to LESSEE upon adequate notice with LESSOR reimbursing LESSEE for all actual expenses incurred by LESSEE for the reason of any such use by LESSOR. 12. GOLF COURSE FEES: A schedule of membership fees (season passes), green fees punch cards and other green fees shall be presented by LESSEE to LESSOR prior to the first day of April of each year of this Lease. The schedule for such fees for the 1996 golfing season is attached hereto as Exhibit "C", and by this 5 reference made a part hereof. LESSEE, at its discretion, may from year to year, during the term of this Lease, increase or decrease its Schedule of Fees, then in effect, up to ten percent (10%) without prior approval of such an increase from LESSOR. LESSOR shall not unreasonably withhold its approval of any proposed Fee Schedule for which its approval may be required under this Lease. 13. LESSEE'S FINANCIAL REPORTS: Annually, on or before the first day of November, in conjunction with the payment of the annual rent, LESSEE shall present to LESSOR for review a copy of LESSEE's annual financial report completed in accordance with generally accepted accounting principles. 14. LESSEE'S LIABILITY INSURANCE: LESSEE shall obtain and keep in full force and effect during the term of this lease, full general liability insurance in the amount of One Million, Five Hundred Thousand Dollars ($1,500,000.00) with a company licensed to do business in the State of Montana; and said policy of insurance shall name LESSOR as additional named insured. LESSOR shall be furnished with a certificate that such insurance is in force and the same shall provide for reasonable notification to LESSOR prior to the same being cancelled. LESSEE agrees to hold LESSOR harmless from any and all liability of any nature, whatsoever, arising from or out of LESSEE's possession, use, maintenance, improvement or occupancy of the property herein described; LESSEE further agrees to defend, at LESSEE's expense, any action brought against LESSOR arising out of LESSEE's possession, use, maintenance, improvement 6 or occupancy of said property. 15. FIRE INSURANCE: During the full term of this lease, LESSOR shall maintain its own fire insurance adequate to cover replacement costs on the improvements on said premises. LESSEE shall pay the annual premium cast of such insurance which --coat . Should the premises during the term of this lease suffer damages which are covered by said fire insurance policy, LESSOR agrees to utilize all insurance reimbursements therefore, towards rebuilding or repairing the damaged premises, or towards providing adequate replacement facilities. The contents of buildings and fixtures located on the premises shall be insured by LESSEE and shall be in such amounts as to assure replacement. The parties mutually agree as to waiver of subrogation rights each with the other. 16. DEF IILT AND BANKRUPTCY: In the event that: (a) LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for thirty (30) days after written notice thereof; or (b) LESSEE shall default in the observance or performance of any other of LESSEE's covenants, agreements, or obligations hereunder and such default shall not be corrected within ninety (90) days after written notice thereof; or (c) LESSEE shall be declared bankrupt or insolvent 7 according to law, or, if any assignment shall be made of LESSEE's property for the benefit of creditors; LESSOR shall have the right thereafter, when such default continues, to re-enter and take complete possession of the leased premises, according to law, and to declare the term of this lease ended, and to remove LESSEE's effects, without prejudice. In doing so no additional rent payments may be collected from LESSEE; however, if LESSEE shall default, after reasonable notice thereof, in observance or performance of any conditions or covenants on LESSEE's part to be observed or performed by virtue of any of the provisions in any article of this lease, LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of LESSEE. 17. NOT -ICE: No notice from LESSOR to LESSEE relating to the leased premises or the occupancy thereof, shall be deemed duly served unless personally served upon or mailed to LESSEE, registered or certified mail, return receipt requested, postage prepaid, and addressed to LESSEE at its address as follows: Manager, Kalispell City Golf Course Post Office Box 1116 Kalispell, Montana 59903 Any notice from LESSEE to LESSOR relating to the leased premises or the occupancy thereof, shall be deemed duly served, if personally served upon or if mailed to LESSOR by registered or certified mail, return receipt requested, postage prepaid, and addressed to LESSOR at the address as follows: N Mayor City of Kalispell Drawer 1997 Kalispell, Montana 59903-1997 18. FIVE YEAR DISPUTE RESOLUTION: At the end of each five years of this lease it is hereby agreed that either party may upon written notice given to the other ninety (90) days prior to September 30 of the fifth year, tenth year and fifteenth year, specify in writing that there are matters contained in the lease (other than the percentage of gross and the length of term) which because of a sense of urgency and import require discussion and possible renegotiation. It is further agreed that any such discussions and renegotiations shall take place and be concluded within sixty (60) days from the date of the notice; otherwise they shall be arbitrated within the last thirty (30) day period of the notice (in other words thirty days prior to September 30 of the year involved). Arbitration shall involve three arbitrators with one being chosen by each of the parties and the two of those arbitrators selecting a third. Results of the arbitration shall be binding and have the effect of a District Court judgment as though rendered by a District Court Judge in Flathead County, Montana. 19. EXISTING LEASE: belt.ween the partile-S -the existing the eity Itsvell and the RX&I.ILS on- ted July r , binding upon the the terms of that agreement unless supersed et" re aln t�ptrrsuernt to its termQ5 4-An 20. TIME OF ESSENCE AND BINDING EFFECT: It is mutually agreed by and between the parties hereto that the time of payment shall be an essential part of this lease agreement, and that all of the covenants and agreements herein contained shall extend to and be binding upon the parties hereto, and their successors and assigns. IN WITNESS WHEREOF, the parties have executed this lease as of the date first above written. ATTEST: Clerk ATTEST: CITY OF KALISPELL Mayor KALISPELL GOLF ASSOCIATION Association Secretary President 10 i i• � i (`ARX i 1 + • ° t. i .., , �•++••� !. r ` .era .• �„ ' A KIPS ' j w �• 3000 0P91 rt. i �rt0 ►pu I? N GALLON RESEP`0IR t +. ac . ; ...•.... .. C WATER LEVEL SOi3 � Mwtt+sac _ ADD 1 ♦OD NO 64 as►`Sall np�+�8 f S AM-' —► ntlrrALO MILLS WtLL 20 0 0PIR # i N RESCRVOIM MU R ( �, WATER LEVEL �v66 ATE 0 .. i- i ',S \ , i ce' • 4 �, ` '� i v ► a . '.�. �r •ALVft9 OFF tKtsntatNLCT �" PENCE LINE RELOCATItm : KALISPELL MUNICIPAL GOLF COURSE LAIIRENCE PARK Low Water Line Of Point Of Beginning Of Fence Line Relocation encing at the NE corner of the Water Dept. Maintenance guiidiag to Lawrence Park. thence N 444 E. 56 feet to the NE fence corner of the Water Dept. Site in Lawrence Park. thence N "I W, on and along the existing fence line 50 feet to a point. thence N 10' E on and along the existing fence line 243 feet to the point of beginning of the fence line relocation, thence along the following courses, N 20' R. 290 feet, N 3' R, 190 feet, N 88' W. 47 feet. N 29' V. 103 feet to a point on the Low Water Line of the Stillwater River. said point an the Low Water Line of the Stillwater River tieing the and of the fence line relocation. NOTES All bearings were obtained through tee use of a hand compass. All information hereon was obtained on November 18. 1987. This Section Of Fence To Be Removed N 68' W N.E. Fence Corner Water 50 iT4 Dept. Site In Lawrence Park Point On Fence Line N.E. Corner Hater Dept. Maintenance Building is Lawrence Park SCHEDULE OF FEES 1996 Golfing Season The following schedule of fees shall be applicable for the 1996 golfing season: Season - Adult Members Season - Full Time College Student Season - Junior (through high school) Daily - Green Fees (Chamionship Eighteen) Daily - Green Fees (9 moles; Cameron Nine) Exhibit "Cu -360. 00 $3►s . 00 $150.00 $100.00 $ 28.00 $ 13.00 PIA KopoSA 1 LEASE THIS LEASE, made and entered into as of the I by and between the City of Kalispell, Montana, a Municipal Corporation, hereinafter referred to as LESSOR, and the Kalispell Golf Association, a Montana Corporation, hereinafter referred to as LESSEE, W I T N E S E T H: For and in consideration of the mutual covenants and promises hereinafter set forth, the Parties hereto agree as follows: 1. PROPERTY: LESSOR hereby leases to LESSEE and LESSEE hereby leases and hires from LESSOR those certain premises and all appurtenances thereto situated in Kalispell, Flathead County, Montana, as follows: All of that property owned by LESSOR and commonly known, referred to, and utilized as the Kalispell City Golf Course. Attached as Exhibit "All is a map with the subject premises outlined. Attached is Exhibit "B" which identifies the boundary and fence line between the golf course and the north portion of the old Lawrence Park. yfl-,�t-4 Y—Y 2. TERM: TO HAVE AND TO HOLD the above rented premises during the full term of twenty (20) years, which term shall begin upon the date of the approval of this lease as required by section 7-8-4201(2) (b) MCA, and shall terminate upon the expiration of said full twenty year term, unless terminated sooner as hereinafter provided. 3. GROSS RECEIPTS: For purpose of this Lease, "Gross 1 Receipts" shall be defined as all gross receipts obtained by LESSEE from the operation of the driving range (golf ball rentals), membership fees (season passes), the sale of green fee punch cards and other green fees. All other receipts shall not be defined as "Gross Receipts" under the provisions of this Lease and shall remain the sole income of LESSEE. The definition of "Gross Receipts", as specified herein, shall be subject to renegotiation under Paragraph No. 18 of this Lease. 4. RENT: LESSEE shall pay to LESSOR, as rent, a sum to be determined annually as herein provided, payable in arrears, on or before the 30th day of June, commencing with June 30, and continuing on the 30th day of June throughout the term of this Lease. The full term of this Lease shall be divided into four (4) equal five year segments. The annual rent for the first five year period shall be the lesser amount of either three percent (3.00%) of the Gross Receipts, as defined above, or Twenty Five Thousand Dollars ($25,000.00). At the end of that first five year period, and at the end of each subsequent five year period, the Parties shall review the financial situation of LESSEE for the purpose of determining the amount of rent to be paid for the next five year period. It is agreed that in no event shall the amount of rent be raised or lowered for any subsequent five year period by more than one-half of one percent (0.50) of said Gross Receipts. Once raised or lowered, that rent will apply for the next five year period. Said rent payment shall be mailed or delivered to LESSOR at 2 the Kalispell City Hall. All prior rents due by LESSEE to LESSOR under that certain Lease, dated July 1, 1988, are hereby deemed and agreed to be paid in full, and let it be known and agreed that this Lease, dated , supersedes any and all Leases between the Kalispell Golf Association and the City of Kalispell. 5. USE OF LEASED PREMISES: LESSEE shall use the leased premises for the primary purpose of operating a municipal golf course; however, LESSEE shall also encourage members of the general public to utilize said premises for such other purposes as cross- country skiing, sledding and jogging, subject however, to reasonable rules and regulations regarding the conduct of such activities as may be promulgated from time to time by LESSEE. LESSEE agrees to observe all Federal, State, and municipal laws and regulations, including those related to human and equal rights, and in particular Bureau of Outdoor Recreation regulations. 6. NAINTENANCE AND REPAIR OF PREMISES: LESSEE agrees to maintain the above described premises in as good a condition as the same are in at this time, or as good as they may be put by LESSOR during the term hereof in case of a casualty loss causing repair or reconstruction by LESSOR; and to return said property to LESSOR at the expiration of said Lease in said condition, reasonable wear and tear and damage by the elements alone excepted. In the event LESSEE refuses or neglects to keep the above mentioned premises in such order and condition hereinabove mentioned, LESSOR shall have, after first giving ninety (90) days written notice to repair, the right to declare this Lease null and void and of no further force 3 and effect. In this case the annual payments of rent shall terminate and LESSEE shall not in any way be responsible for any.V_� future rent payments; and LESSOR in taking over the premises shall assume and be responsible for all outstanding capital impr9yement obligations then exi.sti LESSEE agrees to maintain and keep in repair all water lines and pumps on said golf course, and to attend to the shutting off of the water supply and draining of all pipe lines in the fall, and to turn the water in to said system in the spring. . ALTERATIONS AND IMPROVEMENTS: LESSEE shall not make any alterations or improvements to the premises or the appurtenances located thereon in excess of Twenty Five Thousand Dollars ($25,000.00) at any one time without having first received approval from the LESSOR of the intended alteration or improvement; which said approval shall not be unreasonably withheld by Lessor.,gt�r. 8. UTILITIES: During the entire term of this Lease, LESSEE shall pay when due for required utilities serving the leased premises, including but not limited to, electrical, gas, telephone, water, sewer, and garbage services. LESSEE shall also be entitled to continue use of LESSOR's appropriated water right of the Stillwater River adjacent to the golf course premises without charge. LESSEE, in using the water from the Stillwater River under said water rights, shall operate and maintain the system and pump for such purposes. 9. PERSONAL PROPERTY AND FIXTURES: All personal property hereinbefore or hereinafter obtained in connection with the 4 operation and maintenance of the Kalispell City Golf Course shall be the property of LESSEE; provided however, that all fixtures that have been or may be installed on the premises and attached thereto have or will become part of the premises and are the property of LESSOR. 10. COST OF OPERATION: All costs of operation, including the cost of providing supplies, equipment, tools, labor, and other such items and the entire cost of maintaining and operating the golf course, the club house and other appurtenances shall be the sole responsibility of LESSEE. 11. USE OF CLUBHOUSE BY LESSOR: Although LESSEE shall have the exclusive use and supervision of all buildings of said premises including that structure known as the club house, it is agreed that LESSOR shall be entitled to use of the club house at any convenient time to LESSEE upon adequate notice with LESSOR reimbursing LESSEE for all actual expenses incurred by LESSEE for the reason of any such use by LESSOR. 12. GOLF COURSE FEES: A schedule of membership fees (season passes), green fee punch cards and other green fees shall be presented by Lessee to Lessor prior to the first day of April of each year of this Lease. The schedule of such fees for the 1996 golfing season is attached hereto as Exhibit "C", and by this reference made a part hereof. LESSEE, at its discretion, may from year to year, during the term of this Lease, increase or decrease its Schedule of Fees, then in effect, up to ten percent (100) without prior approval of 5 such an increase from Lessor. LESSOR shall not unreasonably withhold its approval of any proposed Fee Schedule for which its approval may be required under this Lease. All fees other than those included on Exhibit "C" shall be established at LESSEE's sole discretion. 13. LESSEE'S FINANCIAL REPORTS: Annually, on or before the 30th day of June, in conjunction with the payment of the annual rent, LESSEE shall present to LESSOR for review, a copy of LESSEE's annual financial report completed in accordance with generally accepted accounting principles. 14. LESSEE'S LIABILITY INSURANCE: LESSEE shall obtain and keep in full force and effect during the term of this Lease, full general liability insurance in the amount of One Million, Five Hundred Thousand Dollars ($1,500,000.00) with a company licensed to do business in the State of Montana; and said policy of insurance shall name LESSOR as additional named insured. LESSOR shall be furnished with a certificate that such insurance is in force and the same shall provide for reasonable notification to LESSOR prior to the same being canceled. LESSEE agrees to hold LESSOR harmless from any and all liability of any nature, whatsoever, arising from or out of LESSEE's possession, use, maintenance, improvement, or occupancy of the property herein described; LESSEE further agrees to defend, at LESSEE'S expense, any action brought against LESSOR arising out of LESSEE's possession, use, maintenance, improvement, or occupancy of said property. 15. FIRE INSURANCE: During the full term of this Lease, LESSOR shall maintain its own fire insurance adequate to cover replacement costs on the improvements of said premises. LESSEE shall pay the annual premium cost of such insurance which cost shall be credited to LESSEE'S annual rental obligation as determined in Section 4, hereof. Should the premises during the term of this Lease suffer damages which are covered by said fire insurance policy, LESSOR agrees to utilize all insurance reimbursements therefore, towards rebuilding or repairing the damaged premises, or towards providing adequate replacement facilities. The contents of buildings and fixtures located on the premises shall be insured by LESSEE and shall be in such amounts as to assure replacement. The Parties mutually agree as to waiver of subrogation rights each with the other. 16. DEFAULT AND BANKRUPTCY: In the event that: (a) LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for thirty (30) days after written notice thereof, or (b) LESSEE shall default in the observance or performance of any other of LESSEE's covenants, agreements, or obligations hereunder and such default shall not be corrected within ninety (90) days after written notice thereof; or (c) LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE's property for the benefit of creditors; 7 LESSOR shall have the right thereafter, when such default continues, to re-enter and take complete possession of the leased premises, according to law, and to declare the term of this Lease ended, and to remove LESSEE Is effects, without prejudice. In doing so no additional rent payments may be collected from LESSEE; however, if LESSEE shall default, after reasonable notice thereof, in observance or performance of any conditions or covenants on LESSEE's part to be observed or performed by virtue of any of the provisions in any article of this Lease, LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of LESSEE. 17. NOTICE: No notice from LESSOR to LESSEE relating to the leased premises or the occupancy thereof, shall be deemed duly served unless personally served upon or mailed to LESSEE, registered or certified mail, return receipt requested, postage prepaid, and addressed to LESSEE at its address as follows: Manager, Kalispell City Golf Course Post Office Box 1116 Kalispell, Montana 59903 Any notice from LESSEE to LESSOR relating to the leased premises or the occupancy thereof, shall be deemed duly served, if personally served upon or if mailed to LESSOR by registered or certified mail, return receipt requested, postage prepaid, and addressed to LESSOR at the address as follows: Mayor E. City of Kalispell Drawer 1997 Kalispell, Montana 59903-1997 18. FIVE YEAR DISPUTE RESOLUTION: It is hereby agreed that either Party may, upon written notice given to the other ninety (90) days prior to the end of the fifth year, tenth year and fifteenth year of this Lease specify in writing that there are matters contained in the Lease (other than the percentage of Gross Receipts and the length of term provided herein) which because of a sense of urgency and import require discussion and possible renegotiation. It is further agreed that any such discussions and renegotiations shall take place and be concluded within sixty (60 days from the date of the notice; otherwise they shall be arbitrated within the last thirty (30) day period of the notice (in other words, thirty days prior to end of the Lease year involved). Arbitration shall involve three arbitrators with one being chosen by each of the Parties and the two of those arbitrators selecting a third. Results of the arbitration shall be binding and have the effect of a District Court judgment as though rendered by a District Court Judge in Flathead County, Montana. 19. EXISTING LEASE: It is mutually understood and agreed between the parties hereto that the existing Lease between the City of Kalispell and the Kalispell Golf Association dated July 1, 1988, shall remain binding upon the parties pursuant to its terms and provisions and in full force and effect through the remainder of 9 the term of that agreement unless superseded and replaced by this lease upon approval by the electors of the City of Kalispell as described herein. 20. TIME OF ESSENCE AND BINDING EFFECT: It is mutually agreed by and between the Parties hereto that the time of payment shall be an essential part of this Lease Agreement, and that all of the covenants and agreements herein contained shall extend to and be binding upon the Parties hereto, and their successors and assigns. IN WITNESS WHEREOF, the Parties have executed this Lease as of the date first above written. ATTEST: Clerk -Treasurer ATTEST: CITY OF KALISPELL Mayor KALISPELL GOLF ASSOCIATION Association Secretary President 10 v B s...d I ti 6J i 4ease- LEASE THIS LEASE, made and entered into as of the 1st day of July, 1988, by and between the City of Kalispell, Montana, a Municipal Corporation, hereinafter referred to as LESSOR, and the Kalispell Golf Association, a Montana Corporation, hereinafter referred to as LESSEE, W I T N E S S E T H: For;` and in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows: 1. PROPERTY: LESSOR hereby leases to LESSEE and LESSEE hereby leases and hires from LESSOR those certain premises and all appurtenances thereto situated in Kalispell, Flathead County, Montana, as follows: All of that property owned by LESSOR and commonly known, referred to and utilized as the Kalispell City Golf Course. Attached as Exhibit "A" is a map with the subject premises outlined. Attached is Exhibit "B" which identifies the boundary and fenceline between the golf course and the north portion of the old Lawrence Park. 2. TERM: TO HAVE AND TO HOLD the above rented premises during the full term of twenty (20) years and three months, which term shall begin July 1, 1988, and shall terminate on September 30, 2008, unless terminated sooner as hereinafter provided. 3. GROSS RECEIPTS: For purpose of this lease "gross receipts" shall be all gross receipts obtained by LESSEE from the operation of the driving range, (golf ball rentals) the sale of season passes, and daily green fees. All other receipts shall not be defined as gross receipts under the provisions of this lease and shall be and remain the sole income of LESSEE. The definition of Gross Receipts as specified herein, shall be subject to renegotiation under paragraph #18 of this Lease. -1- 4. RENT: LESSEE shall pay to LESSOR, as rent, a sum to be determined annually as herein provided, payable in arrears, on or before the first day of November commencing with November 1, 1988 and continuing on the first day of November throughout the term of this lease. The first rental period shall be deemed to be July 1 through September 30, 1988. the amount of rent due shall be one percent (1.0%) of the gross receipts (as defined above) obtained by LESSEE during that period of time. This period is established to coincide with LESSEE's fiscal year which terminates on September 30th annually. The remaining twenty years of this lease shall be divided into four equal five year segments. The rent for the first five year period shall be one percent of the gross receipts. At the end of that first five year period and at the end of each subsequent five year period the parties shall review the financial situation of LESSEE for the purpose of determining the amount of rent to be paid for the next five year period. It is agreed that in no event shall the amount of rent be raised or lowered for any five year period by more than ten percent (10.0%) of the one percent (1.0%) base rate. Once raised or lowered, that rent will apply for the next five year period. Said rent payment shall be mailed or delivered to LESSOR at the Kalispell City Hall. All prior rents due by LESSEE to LESSOR under that certain lease dated July b, 1983 are hereby deemed and agreed to be paid in full and let it be known and agreed that this lease dated July 1, 1988 supersedes any and all leases between the Kalispell Golf Association and the City of Kalispell. 5. USE OF LEASED PREMISES: LESSEE shall use the leased premises for the primary purpose of operating a municipal golf course; however, LESSEE shall also encourage members of the general public to utilize said premises for such other purposes as cross-country skiing, sledding and jogging, subject however, to reasonable rules and regulations regarding the conduct of such activities as may be promulgated from time to time by LESSEE. LESSEE agrees that to observe all Federal, State and municipal laws and regulations including those related to human and equal rights and in particular Bureau of Outdoor Recreation regulations. -2- 6. MAINTENANCE AND REPAIR OF PREMISES: LESSEE agrees to maintain the above described premises in as good a condition as the same are in at this time, or as good as they may be put by LESSSOR during the term hereof in case of a casualty loss causing repair or reconstruction by LESSOR; and to return said property to LESSOR at the expiration of said lease in said condition, reasonable wear and tear and damage by the elements alone excepted. In the event LESSEE refuses or neglects to keep the above -mentioned premises in such order and condition hereinabove mentioned, LESSOR shall have, after first giving ninety (90) days written notice to repair, the right to declare this lease null and void and of no further force and effect. In this case the annual payments of rent shall terminate and LESSEE shall not in any way be responsible for any future rent payments; and LESSOR in taking over the premises shall assume and be responsible for all outstanding capital improvement obligations then existing. LESSEE agrees 'to maintain and keep in repair all water lines and pumps on said golf course, and to attend to the shutting off of the water supply and draining of all pipe lines in the fall, and to turn the water in to said system in the spring. 7. ALTERATIONS AND IMPROVEMENTS: LESSEE shall not make any alterations or improvements to the premises or the appurtenances located thereon in excess of Twenty Five Thousand Dollars ($25,000.00) at any one time without having first received approval from the LESSOR of the intended alteration or improvement. 8. UTILITIES: During the entire term of this lease LESSEE shall pay when due for required utilities serving the leased premises, including but not limited to, electrical, gas, telephone, water, sewer and garbage services. LESSEE shall also be entitled to continue use of LESSOR's appropriated water right of the Stillwater River adjacent to the golf course premises without charge. LESSEE in using the water from the Stillwater River under said water rights shall operate and maintain the system and pump for such purposes. 9. PERSONAL PROPERTY AND FIXTURES: All personal property herein - before or hereinafter obtained in connection with the operation and -3- maintenance of the Kalispell City Golf Course shall be the property of LESSEE; provided however, that all fixtures that have been or may be installed on the premises and attached thereto have or will become part of the premises and are the property of LESSOR. 10. COST OF OPERATION: cost of providing supplies, items and the entire cost course, the club house and responsibility of LESSEE. All costs of operation including the equipment, tools, labor and other such of maintaining and operating the golf other appurtenances shall be the sole 11. USE OF CLUBHOUSE BY LESSOR: Although LESSEE shall have the exclusive use and supervision of all buildings on said premises including that structure known as the club house, it is agreed that LESSOR shall be entitled to use of the club house at any convenient time to LESSEE upon adequate notice with LESSOR reimbursing LESSEE for all actual expenses incurred by LESSEE for the reason of any such use by LESSOR. 12. GOLF COURSE FEES: LESSEE may charge reasonable season and daily green fees to those persons desiring to use the premises for golfing purposes; however, LESSOR reserves the right to review and approve those fees annually. A schedule of proposed fees shall be presented by LESSEE to LESSOR prior to the first day of April of each year of this lease. All other fees shall be established at LESSEE's sole discretion. LESSOR hereby approves the following schedule of fees for the 1988 golfing season: Season - First Member (adult - same family) $200.00 Season - Second Member (adult - same family) 175.00 Season - Junior (through high school) 50.00 Daily - Green Fees (Championship Eighteen) 16.00 Daily - Green Fees (9 holes; Cameron Nine) 7.00 13. LESSEE'S FINANCIAL REPORTS: Annually, on or before the first day of November, in conjunction with the payment of the annual rent, LESSEE shall present to LESSOR for review a copy of LESSEE's -4- annual financial report completed in accordance with generally accepted accounting principles. 14. LESSEE'S LIABILITY INSURANCE: LESSEE shall obtain and keep in full force and effect during the term of this lease, full general liability insurance in the amount of One Million Dollars ($1,000,000.00) with a company licensed to do business in the State of Montana; and said policy of insurance shall name LESSOR as additional named insured. LESSOR shall be furnished with a certificate that such insurance as is in force and the same shall provide for reasonable notification to LESSOR prior to the same being cancelled. LESSEE agrees to hold LESSOR harmless from any and all liability of any nature, whatsoever, arising from or out of LESSEE's possession, use, maintenance, improvement or occupancy of the property herein described; LESSEE further agrees to defend, at LESSEE's expense, any action brought against LESSOR arising out of LESSEE's possession, use, maintenance, improvement or occupancy of said property. 15. FIRE INSURANCE: During the full term of this lease, LESSOR shall maintain its own fire insurance adequate to cover replacement costs on the improvements on said premises. Should the premises during the term of this lease suffer damages which are covered by said fire insurance policy, LESSOR agrees to utilize all insurance reimbursements therefore, towards rebuilding or repairing the damaged premises, or towards providing adequate replacement facilities. The contents of buildings and fixtures located on the premises shall be insured by LESSEE and shall be in such amounts as to assure replacement. The parties mutually agree as to waiver of subrogation rights each with the other. 16. DEFAULT AND BANKRUPTCY: In the event that: (a) LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for thirty (30) days after written notice thereof; or -5- (b) LESSEE shall default in the observance or performance of any other of LESSEE's covenants, agreements, or obligations hereunder and such default shall not be corrected within ninety (90) days after written notice thereof; or (c) LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE's property for the benefit of creditors; LESSOR shall have the right thereafter, when such default continues, to re-enter and take complete possession of the leased premises, according to law, and -to declare the term of this lease ended, and to remove LESSEE's effects, without prejudice. In doing so no additional rent payments may be collected from LESSEE; however, if LESSEE shall default, after reasonable notice thereof, in observance or performance of any conditions or covenants on LESSEE's part to be observed or performed by virtue of any of the provisions in any article of this lease, LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of LESSEE. 17. NOTICE: No notice from LESSOR to LESSEE relating to the leased premises or the occupancy thereof, shall be deemed duly served unless personally served upon or mailed to LESSEE, registered or certified mail, return receipt requested, postage prepaid, and addressed to LESSEE at its address as follows: Manager, Kalispell City Golf Course Post Office Box 1116 Kalispell, Montana' 59903 Any notice from LESSEE to LESSOR relating to the leased premises or the occupancy thereof, shall be deemed duly served, if personally served upon or if mailed to LESSOR by registered or certified mail, return receipt requested, postage prepaid, and addressed to LESSOR at the address as follows: Mayor City of Kalispell Drawer 1997 Kalispell, Montana 59903-1997 -6- 18. FIVE YEAR DISPUTE RESOLUTION: At the end of each five years of this lease it is hereby agreed that either party may upon written notice given to the other ninety (90) days prior to September 30 of the fifth year, tenth year and fifteenth year, specify in writing that there are matters contained in the lease (other than the percentage of gross and the length of term) which because of a sense of urgency and import require discussion and possible renegotiation. It is further agreed that any such discussions and renegotiations shall take place and be concluded within sixty (60) days from the date of the notice; otherwise they shall be arbitrated within the last thirty (30) day period of the notice (in other words thirty days prior to September 30 of the year involved). Arbitration shall involve three arbitrators with one being chosen by each of the parties and the two of those arbitrators selecting a third. Results of the arbitration shall be binding and have the effect of a District Court judgment as though rendered by a District Court Judge in Flathead County, Montana. 19. TIME OF ESSENCE AND BINDING EFFECT: It is mutually agreed by and between the parties hereto that the time of.payment shall be an essential part of this lease agreement, and that all of the covenants and agreements herein contained shall extend to and be binding upon the parties hereto, and their successors and assigns. IN WITNESS WHEREOF, the parties have executed this lease as of the date first above written. ATTEST: f � er-T-reasurer ATT CITY OF KALISPELL ayor KALISPELL GOLF ASSOCIATION -7- "W -�Rik =I&- _. � i f to PARKARF«�• i raft— VtF ko I • f f 1 ( A • •e• •••'P e®r •®woes ea ' ee wew ww•ee••« wee e i MI*P" SAIL 7 , • •, • ••A J. t Ite � itlf'tr�p • • MNi• t' N 6ALLOIl RE>6EFlM ° •� "` ••••~ at titATCA 3 i ' • r .. aoaeew� a »seas app � � ,.•+ •r• Age he ss 49+ti•s•r1 c••i t $so i01• ::WrAirrAS ,� ritLL L LS 0 0 OPAago Fr— �{ . ; f�'��D ` • N GALLON Rl S[RYptil i �• WATER LEVEL Ivil t • ,} r ATEO 1a 1 ••e. Y fw wirs E l ` 1 a• 1 �• • R` i r �• % 1 r ( 'ALVER Off iatiACOWLCT 1 FBNCE LINE RELOCATruat KALISPELL MICIPAL GOLF COURSE LAWREM PARK Comencing at the IS comer of the Water Sept. Maintenance Buildlog is Loursmas Parke thence M 44' i, 56 feet to the NR fence corner eY the Water Dept. Sit* is Lawrence !`ark, thence N 64' W. on and along the existing fence line SO test to a points thence x 10' R 06 oad along the existing fence line 243 fast is do point of begiasing of the feace Use valocat"Of tbeame along the feltowift Mass, a W 14 ne fosts N30V, 1"feet•M60'Me41 twoanoWo 103 feet to a point so the Low Water Lim of the lttllueter Rivers said robe on do Low Water Line of the stiumster aver Ube do end of the fonts lira r* sot. Low Water Lis* Of r l stage VM# All bearings +teems oWtalmod tkvuo de 4 use of a hand compass. All Information vas obtained on November 18, 1917. y . i Point Of Beginning' ,,.•► Of Fence Line Relocation `"'`'�••.,_?hto Section Of Fence �!o Be Removed N 68 • u...—_.._.. N.E. Fence Corner stater Dept. Site Is Lawrence Park Point On Fence Line / M.E. Career Witter Dept. Maintenance Building In Lawrence Park