6.4 Appr Golf Cart Storage Faci CITY OF SALINA
REQUEST FOR COMM I SS 1 ON ACT I ON DATE T 1 ME
2/22/93 q:00 P.M.
AGENDA SECT I ON: Consent OR I G I NAT I NG DEPARTMENT: APPROVED FOR
AGENDA:
NO. 6 PARKS & RECREATION
ITEM
NO' ~ BY: Steve Snyder~ BY: '/
ITEM:
At the February 8 City Commission meeting, trail fees and cart storage at the Municipal Golf
Course were addressed. Though there has been an association between the two, it was felt the
two issues should be separate. At that meeting, new rates were established which addressed
revenue for maintenance as well as the inequity in rates between off course carts and those
stored on course.
As was discussed also, the present building is a concern because of safety aspects, appearance,
and location. An estimate of $32,000 was received in May 1991 which would remedy safety and
appearance concerns, though the current value of the building is estimated at only $38,000.
Allowing for increases in the repair estimate would be an investment of approximately 90% of
the total value of the building in renovation costs. Renovation in the current location would also
greatly effect long range development plans with the addition of a Par 3 Course.
Three options regarding cart storage were presented; the first being eliminating storage of private
carts on the course. The two other options involve constructing a new storage building on golf
course property. The First of these two is allowing a private vendor to construct and operate a
facility independent of the Municipal Golf Course operation. Rental agreements would be
between the vendor and private cart owners. The newly implemented trail fees would be
applicable for these carts as well as any other private carts wishing to use the course. A license
agreement for the right to construct and operate the facility would be established between the
vendor and the City.
The second option would be for the City to construct and operate a new cart facility with rental
agreements between cart owners and the City. Again, trail fees would be charged to these cart
owners at the same rate as off course cart owners. The cost of construction of the building
would be ammortized over a period of years with annual payments from cart owners.
The location of a new facility could be on either of two taxlways, approximately 50' wide x 250'
long, extending east to Markley Road adjacent to the course parking lot.
COld, vi I SS 1 ON ACTION
MOTION BY SECOND BY
TO:
RECOMMENDATION:
With the opportunity available to explore privatization of an operation that may or may not be
advantageous to cart owners and the City, it is staffs recommendation the City Commission
approve authorization to solicit proposals from interested parties for the construction and
operation of a cart storage facility. Also it is recommended the City be allowed to review and
evaluate proposals and prepare a proposal for this operation. March 19 is the date recommend-
ed as the deadline proposals are to be received.
Attached is a proposed copy of a license agreement with a private contractor.
L~CENSE A(~REE~ENT
This License Agreement is entered this day of
, 1993, between the CITY OF SALINA, KANSAS (the "City")
and ("Licensee")
Recitals ~
A. The City owns and operates an 18 hole public golf course
facility known as the Salina Municipal Golf Course (the "Golf
Course").
B. The City desires to provide for private operation of the
indoor storage of privately owned golf carts at the Golf Course.
C. desires to construct a building for the
storage of privately owned golf carts and golf related items at the
Golf Course (the "Golf Cart Storage Operation") upon the terms and
conditions of this License Agreement.
THE P~I~TIES, therefore, agree as follows:
1. Exolusive license. The City grants an exclusive license
to for the use of a concrete slab, 8"-12" thick,
49 feet wide by 250 feet long, located on the Golf Course property,
legally described on the attached Exhibit A (the "Property"), for
the purpose of constructing and maintaining a golf cart storage
building (the "Building") and conducting the Golf Cart Storage
Operation, subject to the terms and conditions of this License
Agreement.
2. Term of license. This license shall be for term of
twenty (20) years, subject to termination pursuant to paragraph 18.
3. Bu~ldinq specifications. The Licensee shall construct
and maintain the Building, at Licensee's expense, in compliance
with all City codes and ordinances. All plans and specifications
for the Building must be approved by the City and must meet the
following requirements:
A. The siding on the Building must be metal, painted a
color approved by the City.
B. The Building must be constructed so that thirty-five
(35) privately owned golf carts may be housed dormitory style,
providing one entrance/exit for all carts to access.
Individual storage areas within the confines of the Building
may be provided by the Licensee.
C. Each cart storage space will have an individual
electrical outlet with 20 amp service.
4. Maintenance Standards. Licensee shall maintain the
Building and the Property in accordance with the City's maintenance
standards attached and incorporated by reference as Exhibit B.
5. Exclusive use of Build~ng. Licensee agrees that the
exclusive use of the Building shall be for the storage of privately
owned golf carts and golf related items.
6. Hours of operation. Licensee agrees that the Building
will be accessible to cart owners during all hours that the Golf
Course is in operation.
7. Util~ties. The Licensee shall be responsible for
installation of utility service to the Building and agrees to pay
for all utility expenses incurred in the operation of the Building,
including the recharging of cart batteries.
8. Storage capacity. Licensee agrees to provide storage for
thirty-five (35) privately owned golf carts. All golf carts must
be stored inside the Building.
9. Availability of Building. The Building must be available
for lawful use no later than , 1993. The City will
terminate its current golf cart storage operation no later than
thirty (30) days after notification by Licensee that the Building
is available for lawful use. -
10. Cart Storage A~reement. The Licensee shall~enter into a
written agreement with the owner(s) of each golf cart to be stored
in the Building, the term of which shal!be b~sed upon the calendar
year (the "Cart Storage Agreements,)%- The City shall not be
regarded as a party to the Cart Storage Agreements for any purpose.
The Licensee shall maintain, a specimen copy of the Cart Storage
Agreements on f~e with the director of the City's parks and
recreation department (the "Parks and Recreation Director")
throughout the term of this License Agreement.
11. Cart Stora=e Fees. The cart storage fee shall be (S)
per (month or year), per cart. Commencing January 1, 1995, the
Licensee may increase the cart storage fee effective upon any
January 1st renewal of the Cart Storage Agreements by the same
percentage as the rate of change in the Consumer Price Index - All
Urban Consumers (the "CPI-U") from October to October of the
immediately preceding year. In order to impose such a storage fee
increase, the Licensee must give written notice of the increase by
first class mail individually addressed to all parties to the Cart
Storage Agreements, postmarked no later than the December 1st prior
to the January 1st effective date of the fee increase. Any other
increase in the cart storage fee shall require the prior approval
of the Salina City Commission.
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12. 0w~ership of Buildinq. Title to the Golf Cart Storage
Building shall remain with Licensee until termination of this
License, either by completion of the term or by operation of the
default provisions in paragraph 18, at which time title to the Golf
Cart Storage Building shall transfer to the City.
13. Property taxes. Licensee shall be responsible for and
shall make timely payment of all real estate or personal property
taxes that may become due in relation to the Building, al~ycontents
owned by the Licensee, and the real estate upon which the Building
is located.
14. ~xtended coveraqe insurance. Licensee shall maintain
extended coverage insurance on the Building with a Kansas
authorized carrier approved by the director of risk management for
the City (the "Risk Manager"). The amount of the coverage shall be
based upon the replacement value of the Building as approved bythe
Risk Manager before placement of the original policy and before all
subsequent annual renewals. The policy shall provide that such
insurance may not be canceled by issuer thereof without at least
thirty (30) days' written notice to the City. Ongoing proof of
such coverage must be provided to the Risk Manager.
15. General Liability Insurance. Licensee shall maintain
public liability insurance coverage covering the Golf Cart Storage
Operation with a Kansas authorized carrier approved by the Risk
Manager, with limits of not less than the maximum liability for
claims which could be asserted against the City for any number of
claims arising out of a single occurrence or accident under the
Kansas Tort Claims Act, as it now exists or may hereafter be
amended (currently $500,000), and will from time to time increase
its limits in such amount as may be necessary to at all times
during the term of this license maintain such limits at the then
maximum liability for such claims under the Kansas Tort Claims Act.
The policy shall provide that such insurance may not be canceled by
issuer thereof without at least thirty (30) days' written notice to
the City. Ongoing proof of such coverage must be provided to the
Risk Manager.
16. CQ~ts of Operation. Licensee shall be responsible for
all of the costs of conducting the Golf Cart Storage Operation.
17. Alterations. Following the initial construction,
Licensee shall not alter, improve or change the Building without
the prior written consent of the City. Licensee, unless otherwise
agreed in writing, shall pay all costs associated with any such
alterations, improvements, or changes.
18. Indemnificat~on and Hold Harmless. Licensee shall
indemnify and hold and save the City, its officers, employees,
agents, and authorized contractors, harmless from any loss, cost,
expense, fine, penalty, damage or judgment, including attorneys
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fees, that may arise from the Golf Cart Storage Operation as
conducted by Licensee, its agents, contractors, employees, or
others participating with either the express or implied permission
of the Licensee.
19. Breach of License ~qreement. In the event that Licensee
ceases the Golf Cart Storage Operation or uses the Building for any
purpose other than that specifically authorized under this License
Agreement, all rights granted hereunder to Licensee shall
immediately cease as if never granted and Licensee shall
immediately quit and surrender its use of the Building, title to
which will be deemed to have transferred to the City. In the event
that Licensee shall fail to comply with any other substantial term,
condition or covenant of this License Agreement within ten (10)
days after written notiCe to do so has been mailed to it by the
City, any such events shall be deemed an immediate breach and
forfeiture of the License Agreement which shall then terminate.
Upon such termination of this license, Licensee will quit and
surrender its use of the Golf Cart Storage Building in compliance
with the terms of this License Agreement, and title to the Golf
Cart Storage Building shall be d~emed to have transferred to the
City.
20. Relationship of the Parties. The relationship of the
parties is solely that of Licensor and Licensee, and nothing herein
contained shall create any other relationship or liability.
Specifically, the Licensee is not the agent of the Licensor for
purposes of any contracts for improvement of the Property or with
any owner of a privately owned golf cart stored in the Golf Cart
Storage Building.
21. Notices. Any notice to either party hereunder shall be
sufficient if mailed by United States mail, postage prepaid, at the
following addresses:
C~ty of S&lina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
22. ~ss~gnment of License. Licensee shall not assign this
license or any interest therein without prior consent of the City.
23. Invalidity in Part. If any clause, sentence, or
paragraph of this License Agreement shall be held to be invalid, it
shall not affect the validity of the remaining provisions of this
License Agreement.
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24. Bindin~ Effect. This License Agreement shall be binding
upon the parties, their personal representatives, successors, or
authorized assigns.
EXECUTED the day and year first above stated.
CITY OF SALINAv KANSAS
b~
Carol E. Beggs, Mayor
by.
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EXHIBIT A
MAINTENANCE STANDARDS
for
GOLF CART STORAGE FACILITY
The Building and Property defined under the License Agreement (the
"Facility") shall be kept and maintained in a manner that will
enhance and prolong the usefulness of the Building, that will allow
for the safe use of the Facility, and that will be aesthetically
compatible with other golf course improvements. Specific
maintenance requirements include, but shall not be limited to:
1. The facility shall be kept free of trash or litter. The
Licensee shall also pick up any trash or litter anywhere
on the Golf Course caused by the operation of the
Facility.
2. The concrete apron adjacent to the golf course parking
lot shall be swept or cleaned regularly.
3. Any portion of the Building located adjacent to turf
areas shall be trimmed or mowed a distance of three feet
(3') from the edge of the Building.
4. All metal siding on the Building shall be kept painted
(no peeling) to match the rest of the Building. Any
dents or scrapes of the siding shall immediately be
repaired or the siding replaced.
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