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HomeMy WebLinkAbout02522 - MESQUITE COUNTRY CLUB GOLF COURSE RESERVATIONS MORRY CALIFORNIA INC Morry California Inc. Mesquite G/C Resery & Use AGREEMENT #2522 Res 16349 12-2-87 GOLF COURSE RESERVATION AND USE AGREEMENT This Golf Course Reservation and Use Agreement is made as of the ���� day December , 1987 , by and between Morry California Inc . (hereinafter "Morry") , the City of Palm Springs , a Municipal Corporation (hereinafter the "City") . RECITALS A. Morry, as the successor in interest to Mesquite Country Club , Inc . , is the owner and operator of an eighteen hole golf course located in Palm Springs , California and known as Mesquite Country Club . B. As conditions of the City' s approval of Planned Development District Number 153 , the City may designate up to three hotels proximate to the Palm Springs Convention Center , which hotels shall be entitled to certain reservation rights at the Mesquite Country Club as set forth more fully in the Minutes of the Development Committee meeting held December 6, 1983 , a true and correct copy of which is attached hereto as Exhibit "A" . C. By this Agreement , the parties hereto intend to clarify and more specifically define their rights and duties under the conditions set forth in Exhibit "A" . NOW THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows : 1 . The City shall have the right to designate up to three hotels , located in or adjacent to the Palm Springs Convention Center District, (hereinafter "Designee" Hotels) which hotels shall then be entitled to certain reservation rights at the Mesquite Country Club , as set forth below. Reservation rights shall also be extended to the Palm Springs Convention Center Operator on the same basis as for each Designee. 2 . Morry shall provide to the City, and its Designees , reservation and use privileges at the Mesquite Country Club which shall be consistent with , and subject to, similar privileges extended by Morry to the Mesquite Country Club Condominium Association. 3 . GROUPS (a) Reservation Requirements . Each Designee Hotel may reserve sequential or other tee times at Mesquite Country Club, which times have not previously been reserved, in order to satisfy tee time requests for prospective groups planning to stay or be headquartered at the hotel, subject to the following restrictions : (1) With respect to groups renting in excess of two hundred (200) rooms in a single evening at a Designee Hotel , such groups , or the Designee on their behalf , shall be entitled to make tee time reservations for not less than fifty (50) players on any day, more than two (2) but less than three (3) years prior to that date of play; (2) With respect to groups renting in excess of one hundred (100) rooms in a single evening at a Designee Hotel, such groups , or the Designee on their behalf, shall be entitled to make tee time reservations for not less than fifty (50) players on any day, more than one -2- (1) year , but less than two (2) years prior to that date of play; and (3) With respect to groups renting in excess of twenty (20) rooms in a single evening at a Designee Hotel, such groups , or the Designee on their behalf, shall be entitled to make tee time reservations for not less than sixteen (16 ) players on any day, at any time within one (1) year prior to that date of play. (b) Confirmation Deposits . The groups designated in subsection (a) above, or the Designee on their behalf, shall be required to confirm in writing all group tee time reservations , and the number of players , at least thirty (30) days prior to the date of play. Each confirmation shall be secured by such forfeitable deposit as shall be required by Morry, but shall in any event be in an amount not less than ten percent (10%) , nor more than twenty-five percent (25%) of the aggregate green fees for such group for each day. In the event that less than the full number of players arrive for their reserved tee times , this deposit shall be applied first in payment of any unpaid green and cart fees for players not appearing, and second towards green cart fees for players actually appearing . 4 . SHOTGUN GROUP OUTINGS . Shotgun group outings shall be defined as a group of not less than thirty-two (32) nor more than one hundred forty (140) players desiring to reserve the golf course for golfing use which commences with a single starting time for all players . The -3- conditions for malting reservations and the requirments for confirma- tion and deposits for shotgun group outings shall be the same as set forth above in Sections 3 (a) and 3 (b) , except that the minimum number of players in a shotgun group outing shall be thirty-two (32) . Furthermore , only one shotgun group outing shall be per- mitted on any given day on the course. (b) In the event that a reserved shotgun outing does not fill the entire capacity of the golf course, Morry reserves the right to fill the remaining capacity of the course through its established reservation procedures . (c) Morry, or its employees , shall have the sole right to designate all shotgun group outing tee times . 5 . INDIVIDUAL PLAY. Any individual renting a room or rooms at a Designee Hotel, or the Designee on such person' s behalf, may reserve a tee time at Mesquite Country Club for two (2) through four (4) players which tee time has not previously been reserved, at any time within fifteen (15) days prior to the date of play. Each such reservation shall be secured by such forfeitable deposit as may be established by Morry, but which shall in any event be in an amount not less than ten percent (10%) nor more than twenty-five percent (25%) of the aggregate green fees for such tee time. Such deposit shall be tendered to Morry at the time that the reservation is made . In the event that less than the full number of players arrive for their reserved tee times , this deposit shall be applied first in payment of any unpaid green and cart fees for players not -4- appearing, and second towards green cart fees for players actually appearing. 6 . SHORT TERM RESERVATIONS . Any individual or individuals renting a room or rooms at a Designee IIotel, or the Designee on such person' s behalf, may reserve tee times which have not previously been reserved , for two (2) to four (4) players or less at anytime within five (5) days prior to the date of play, without deposit , and on a first-come-first-serve basis , in accordance with procedures establised by the golf course operator . No deposit for such reservations shall be required. 7 . REVOCATION OF PRIVILEGES - GROUPS AND INDIVIDUALS . The parties acknowledge that it is to their mutual benefit to place the following reasonable restrictions on cancellations of group tee time reservations to prohibit repeated cancellations by any group. (a) With respect to all reservations made pursuant to this Agreement which are more than five (5) days in advance of the date of play, the rights of individuals or groups to make such reservations are subject to the condition that such individuals or groups have not had four or more "prohibited cancellations" , as that term is defined herein, during any one-year period of time . (b) For the purposes of this Agreement, a "prohibited cancellation" shall include any of the following: (1) cancellation by more than fifty percent (50%) of the players in any group for any given date unless the full amount of the green fees and cart fees for the reserved group is paid to Morry; (2) the failure by -5- more than fifty percent (50%) of the players in any group to appear at least fifteen (15) minutes prior to their scheduled tee times and pay full green fees and cart fees for the entire group; or (3) any cancellation, nonappearance or nonpayment by players at scheduled tee times , such that the number of players appearing at the Mesquite Country Club for the reserved tee times for any group is less than twelve (12 ) players , unless the full amount of the green fees and cart fees for the reserved group is paid to Morry; (c) These provisions for revocation of privileges are not intended to provide for the revocation of reservation privileges of the City or its Designees , but only the individuals or groups which have committed four (4) or more prohibited cancellations . 8. REVOCATION OF PRIVILEGES - DESIGNEES With respect to all reservations covered by Paragraphs "3 . GROUPS" , 114 . SHOTGUN GROUP OUTINGS" , and "5 . INDIVIDUAL PLAY" , the right of a Designee Hotel to make such reservations is subject to the condition that such Designee has not had two (2) cancel- lations of such groups within any month, such that: (1) more than twenty-five percent (25%) of the players in the group do not appear for their starting times ; (2) neither the groups , nor the Designee on their behalf, give Morry at least seventy-two (72) hours notice of the intended cancellations ; and (3) the Designee fails to collect from the groups , on behalf of Morry, at least fifty percent (50%) of the total green and cart fees in addition to any confirmation deposit required by Morry. -6- 9 . RESERVATION DATE RESTRICTION With respect to all tee time reservations made pursuant to this Agreement by a Designee Hotel, or persons renting rooms at a Designee Hotel, such reservations must be made for dates which are either the date upon which the individuals or groups are renting rooms at a Designee Hotel , or the day after such rentals . 10. CHANGING DESIGNEE HOTELS The City shall have the right to cancel its designation of any Hotel to participate in the reservation privileges set forth herein, and to designate a different Hotel which shall then be entitled to such tee time reservation and use privileges . 11 . AMENDMENTS . No amendment, modification, discharge, rescission or variance from this Agreement shall be binding on either party unless contained in a subsequent, written document, signed in good faith by the party against whom enforcement is sought . 12 . ATTORNEYS ' FEES . In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses , attorneys ' fees and costs . 13 . CAPTIONS . The captions or headings of paragraphs in this Agreement are for convenience only and are not to be interpreted as control- ling, or affecting the subject matter contained thereunder . -7- 14. OTHER DOCUMENTS . Each party hereto agrees to execute and deliver such other documents and perform such other and further acts as shall be necessary to effectuate the purpose of this Agreement . 15 . ENTIRE AGREEMENT. This instrument contains the entire agreement of the parties relating to the rights granted and obligations assumed in this instrument and supersedes any and all other agreements , contracts or understandings between the parties . Any oral repre- sentations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent written modification signed by the party to be charged. 16. MULTIPLE COUNTERPARTS . This Agreement may be executed in multiple counterparts , each of which shall be deemed an original . 17 . SEVERABILITY. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected , impaired or invalidated. 19 . SUCCESSORS . This Agreement shall bind or inure to the benefit of the assigns , personal or legal representatives , spouse or successsors of the respective parties , subject to the restrictions outlined in the provisions contained herein. -8- 0 • 20. NOTICES Notifications as required by this Agreement shall be made to the following addresses : For the City: City of Palm Springs P.O. Box 1786 Palm Springs , California 92263 Attention: City Manager Telephone: (619) 323-8201 For Morry: Mesquite Country Club c/o Morry California Inc . 2700 East Mesquite Avenue Palm Springs , California 92262 Attention: Lee Crowell Telephone: (619) 323-9377 DATED: December 10 , 1987 MORRY CALIFORNIA INC. , A California Corporation By: Assistant Secretary DATED: 0 , � CITY OF PALM SPRINGS, CALIFORNIA APIPI— OVER AS TO FORM 1 City Manager r (d)5Ir-N. Attorney �-- //''�� DATED: )ate �� �JJ�r�c__c Attested By: Ci. y Clerk G8T,,'--k�-P-.E-D 8Y COU',' ?.l R SC '?tON ' "m DATE i -9- Dcec ,,',er G, 1'"33 ; LVCLG' I'.; !;T i_t "'!ITTLE VID%JTES P;yc 13 CASE 5 .O:33-PD15_'i111-1 :c37"0 HOUSING & ECONOuIC DCVLL0PI:ENT The City of Palm Springs shall have the ,,right to designate u to three hotels located in or adjacent to the Palm Springs Convention Cuter s rJ FIhich ,hotels shall then be ;accorded certain reservation rights at the ,golf course. .Reservation rights shall ;also be ;extended to the Palm Springs Convention ,,Center.Operator. Reservation rights shall be as follows: A. Groups 1 , sReservation Requirements. :Convention Center and Hotel (s) may reserve sequential or other tee times, which times have not previously been reserved, in order to satisfy tee time requests for prospective groups planning to stay or be headquartered at the hotel (s), provided that each group must rent: (a) in excess of two hundred (200) rooms in a single evening in order to make tee time reservations more than two (2) years prior to the date of play; (b) in excess of one hundred (100) rooms in a single evening in order to make tee time reservations more than one (1) year, but less than two (2) years, prior to the date of play; and (c) in excess of twenty (20) rooms in a single evening in order to make tee time reservations at any time with one (1) year prior to the date of play. 2. Confirmation Deposits. - Convention Center and hotel (s) shall be required to confirm in writing their respective group tee time reservations and the number of players (plus or minus ten percent (10%) at least, thirty (30) days prior to the date of play. Each confirmation shall be secured by such forfeit ile deposit as may be established by course operator, but which shall in any event be- an amount not less than ten percent (10%) nor more than twenty-five percent (25%) of the aggregate green fees for the applicable group. The golf course operator shall apply the same confirmation and deposit requirements to other requesting use groups. 3. f3h6tgun Group Outings ' Convention Center and hotel (s) may reserve the entire course for groups to use for Shotgun Group Outings. The conditions for making reservations and the requirements for confirmation and deposits shall be the same as set forth above in Sections A-1 and A 2 for. groups generally. Onlgla .;;Shnt.g'u� .G�,dup0uting shall be icraiitted,.:each`.-:`day'oh; the;'t"odrse.f EMI���� 6, 1933 _:LLC' I1, NT U_';''',Il1LE :�l ',,IIES P,qe 14 E 5 . ;_70 B. Individual Play. Any qualified individual or the hotel (s) -sy reserve tee tines, which tine has not previously been reserved at any tir„e within fifteen (15) days prior to the date of play. Each such reservation shall be secured by such forfeitable deposit as may be established by clerator, but which shall in any event be an amount not less than ten percent ( 10%) nor more than twenty-five percent (25%) of the aggregate green fees for the applicable players. C. Short Term Reservations. Qualified individuals and the hotel (s) may reserve tee times, which times have not previously been reserved, for 'four (4) players or less, at any tine within five (5) days prior to the ,date of play, without deposit, and on a first-come-first-served basis,,, in accordance with pro- cedures established by course operator,. ( COK;JRITY SERVICES DEPALMENT 1 . That the equestrian trail and Class I bikeway be dedicated, constructed and maintained by the developer pursuant to the design guidelines con- tained in the Tahquitz Creek Scenic Recreation Area Plan (Equestrian easement, 25' ; Bikepath Easement, 15' ) . Adequate buffers in the form of setbacks, mounding, fences, walks, landscaping, or any cerSination shall be provided to adequately protect the health, safety and welfare of the public. 2. That an aboretum/interpretive center site related to the bikepath and _ equestrian trail be constructed and dedicated by the developer, in the general vicinity south of Farrell Drive and the Wash. The previous ' approval protected the above mentioned "riparian habitat." Therefore, preservation and dedication of this area as an interpretive center should continue to be considered a critical concern. 3. That proposed landscaping be consistent with the Tahquitz Creek Scenic Recreation Area Study, emphasis upon the golf course. 4. That channelization of the Tahquitz Creek be prohibited in favor of maintaining the existing flow characteristics, but where channelization is the only—remedy, native stone reinforcement be mandatory. 4NO EXPOSED CONCRETE. ) 5. That bikeway and equestrian crossings be carefully located to provide adequate visibility, signing and safety. 6. That any bridge underpass have a minimum overhead clearance of 12' . 7. Since it is the intent, as expressed in the Tahquitz Plan, to maintain the Tahquitz Wash in a scenically aesthetic, open and natural setting with an emphasis on bicycling and equestrian recreation opportunities, it is recommended that dedicated open space areas (bikeways and equestrian trails) be of sufficient dimension and treatment to retain the open, natural character of the area (as opposed to walking through a narrow, confined alleyway) .