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Home My WebLink About1997.07.15_OPGA AgendaNOTICE OF PUBLIC MEETING OF THE OWASSO PUBLIC GOLF AUTHORITY TYPE OF MEETING: Regular DATE: July 15, 1997 TIME: 7:00 p.m. PLACE: Council Chambers, Owasso Community Center Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, July 11, 1997. Marcia Boutwell, Authority Secretary AGENDA 1. Call to Order 2. Flag Salute 3. Roll Call 4. Consideration and Appropriate Action Relating to a Request for Approval of the Consent Agenda. All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from consent by request. A motion to adopt the Consent Agenda is non -debatable. A. Approval of the Minutes of July 1, 1997 Regular Meeting. Attachment #4-A B. Approval of Claims. Attachment #4-13 Owasso Public Golf Authority July 15, 1997 Page 2 5. Consideration and Appropriate Action Relating to a Request for Trustee Approval of a Name Change for the Golf Course. Mr Lehr Attachment #5 The staff will recommend Trustee action to change the name of the golf facility from "Bailey Golf Ranch" to "Bailey Ranch Golf Club"; Such Change Having Received Endorsements from the Golf Advisory Committee and the Larkin Bailey Foundation. 6. Consideration and Appropriate Action Relating to a Request for Trustee Approval of a Development Agreement Between the Owasso Public Golf Authority, the Larkin Bailey Foundation, and Kourtis Properties Inc, Providing for the Donation of a Golf Clubhouse Facility to the OPGA, and Authorizing the Chair to Execute the Agreement on Behalf of the Authority. Mr Lehr Mr Cates Ms Bishop Attachment #6 The staff will recommend Trustee approval of the agreement, and that Chairman Barnhouse be authorized to execute the agreement. 7. Consideration and Appropriate Action Relating to a Request for Trustee Confirmation ' of the Chair's Appointment of a Representative of the OPGA and a Representative of the Golf Advisory Committee to the Golf Clubhouse Architectural Committee. Chairman Barnhouse OPGA Chairwoman Barnhouse will recommend Trustee confirmation of the appointment of Chairwoman Barnhouse, representing the OPGA, to the Clubhouse Architectural Committee; and confirmation of Dr Edward Sokolosky, representing the Golf Advisory Committee, to the Clubhouse Architectural Committee. Owasso Public Golf Authority July 15, 1997 Page 3 8. Report from OPGA Manager 9. Report from OPGA Attorney 10. Unfinished Business 11. New Business 12. Adjournment OWASSO PUBLIC GOLF AUTHORITY MINUTES OF REGULAR MEETING Tuesday, July 1, 1997 The Owasso Public Golf Authority met in regular session on Tuesday, July 1, 1997 in the 1 Council Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, June 27, 1997. ITEM 1: CALL TO ORDER Chairman Barnhouse called the meeting to order at 7:19 p.m. ' ITEM 2: FLAG SALUTE ' The flag salute was given during the City Council meeting preceding this meeting. ' ITEM 3: ROLL CALL PRESENT ABSENT ' Mary Lou Barnhouse, Chair Michael Helm, Trustee Tracy Standridge, Vice Chair Denise Bode, Trustee ' Mark Wilken, Trustee STAFF Rodney J Ray, City Manager Ronald D Cates, Authority Attorney Marcia Boutwell, Authority Secretary tA quorum was declared present. ' ITEM 4: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of the Minutes of June 17, 1997 Regular Meeting. B. Approval of Claims Dr Standridge moved, seconded by Mr Wilken, to approve the consent agenda. The consent ' agenda included minutes of the June 17, 1997 meeting, by reference made a part hereto. Item B on the consent agenda included the following claims: (1) Bailey Golf Ranch $16,814.02; ' (2) Payroll $24,167.75. AYE: Standridge, Wilken, Bode, Barnhouse �- NAY: None Motion carried 4-0. Owasso Public Golf Authority July 1, 1997 ITEM 5: REPORT FROM OPGA MANAGER No report. ITEM 6: REPORT FROM OPGA ATTORNEY No report. ITEM 7: UNFINISHED BUSINESS None. ITEM 8: NEW BUSINESS None. ITEM 9: ADJOURNMENT Dr Bode moved, seconded by Dr Standridge, to adjourn. AYE: Bode, Standridge, Wilken, Barnhouse NAY: None Motion carried 4-0 and the meeting was adjourned at 7:20 p.m. Mary Lou Barnhouse, Chairperson Marcia Boutwell, Authority Secretary OWASSO PUBLIC GOLF AUTHORITY BAILEY RANCH GOLF CLUB 7/11/97 8:55:17 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR DESCRIPTION AMOUNT ------------------------------------------------------------ - BGR DAILY ACCOUNT DEPARTMENT TOTAL CART OPERATIONS ------------------------------ DELBERT E BROOKS JUSTICE GOLF CAR CO INC DEPARTMENT TOTAL ====> GOLF SHOP OPERATIONS ------------------------------ TITLEIST DRAWER. CS GLEHGATE APPAREL INC GLEHGATE APPAREL INC CALLAWAY GOLF CALLAWAY GOLF EISINGER-SMITH INC FOOT -JOY DRAWER CS FOOT -JOY DRAWER CS KARSTEN MANUF CORP HIKE INC HIKE INC ROXXI INC ROXXI INC ROXXI tNC ROXXI INC TITLEIST DRAWER CS TITLEIST DRAWER CS TITLEIST DRAWER CS TITLEIST DRAWER CS TITLEIST DRAWER CS TITLEIST DRAWER CS TITLEIST DRAWER CS TITLEIST DRAWER CS BALLOMATIC LLC DEPARTMENT TOTAL ====> ' GOLF COURSE OPERATIONS ------------------------------ REIMB PETTY CASH CART MAINTENANCE CART REPAIR PARTS COUPON CREDIT GOLF SHIRTS GOLF SHIRTS GOLF CLUB GOLF CLUB -DISCOUNT BRASS ACCESSORIES GOLF SHOES GOLF SHOES -DISCOUNT GOLF CLUBS GOLF SHOES GOLF SHOES GOLF CAPS GOLF CAPS -DISCOUNT GOLF CAPS GOLF CAPS -DISCOUNT PUTTER PUTTER -DISCOUNT PUTTER PUTTER -DISCOUNT GOLF BALLS GOLF BALLS -DISCOUNT GOLF BALLS GOLF BALLS -DISCOUNT BALL PICKER BASKETS 712.15 ------------- 712.15 437.50 72.38 ------------- 509.88 -72.00 58.90 237.92 123.34 -2.36 1,129.98 132.53 -2.56 85.21 43.64 69.02 229.36 -4.44 103.88 -1.98 154.19 -7.50 154.19 -7.50 134.50 - 5 . 2 6 255.60 -9.92 160.13 2,978.83 1 OWASSO PUBLIC GOLF AUTHORITY BAILEY RANCH GOLF CLUB 7/11/97 8:55:17 A/P CLAIMS REPORT APAPVR PAGE: PO # VENDOR ----------------------------------- DESCRIPTION ------------------------- AMOUNT ------------- OWASSO PUBLIC WORKS AUTHO 6/97 USE 1.72 OWASSO PUBLIC WORKS AUTHO 6/97 USE 35.85 OWASSO PUBLIC WORKS AUTHO 6/97 USE 15.48 SOUTHWESTERN BELL TELEPHO 6/97 USE 55.44 WAL MART MAINTENANCE SUPPLIES 24.46 WW GRAINGER INC GEAR MOTOR 34.40 FADLER CO (NC PAPER SUPPLIES 23.50 AGRI NUTRIENTS FERTILIZER 2,606.50 WESTERN UNIFORM SERVICE TOWEL SERVICE 15.00 LEROY'S REEL MOWER REPAIR PARTS 644.07 LEROY'S REEL MOWER REPAIR PARTS 140.70 KIMBALL ACE HARDWARE OFFICE SUPPLIES 8.99 WESTERN UNIFORM SERVICE TOWEL SERVICE 15.00 NAPA AUTO PARTS REPAIR PARTS 27.80 OF TURF & (RRIGATION RAKE 54.85 E-Z-GO TEXTRON REPAIR PARTS 273.60 JUSTICE GOLF CAR CO INC REPAIR PARTS 66.00 KIMS INTERNATIONAL REPAIR. PARTS 17.05 TUCKER JANITORIAL SUPPLY COME CUPS 76.65 HERCULES TIRE SALES INC TIRES 66.28 DEPARTMENT TOTAL ====) 4,203.54 FOOD & BEVERAGE OPERATIONS ------------------------------ CAMPBELL WHOLESALE CO INC SNACKS 156.00 FADLER CO INC GROCERIES 583.42 FADLER CO INC GROCERIES 145.95 FADLER CO INC GROCERIES 305.69 FADLER CO INC PAPER SUPPLIES 66.60 LAKE COUNTRY BEVERAGE INC SOFT DR(NKS 150.00 LANCE INC SNACKS 59.42 PEPSI COLA COMPANY SOFT DRINKS 426.16 SPECIALTY CIGARS CIGARS 241.65 FADLER CO (NC GROCERIES 105.55 FADLER CO INC GROCERIES 62.10 FADLER CO (NC GROCERIES 31.20 FADLER CO INC GROCERIES 391.86 FADLER CO INC PAPER SUPPLIES 56.10 LANCE INC SHACKS 38.08 PEPSI COLA COMPANY SOFT DR(NKS 176.48 SUTPHEMS CATERING INC CATERED FOOD 456.00 DEPARTMENT 'TOTAL ====) 3,454.26 CLUBHOUSE OPERATIONS ------------------------------ 2 OWASSO PUBLIC GOLF AUTHORITY ' BAILEY RANCH GOLF CLUB 7/11/97 8:55:17 A/P CLAIMS REPORT APAPVP, PAGE: a PO # VENDOR DESCRIPtION AMOUNT ------------- ------------------------- ------------- OWASSO PUBLIC WORKS AUTHO 6/97 USE 119.85 OWASSO PUBLIC WORKS AUTHO 6/97 USE 13.76 SOUTHWESTERN BELL TELEPHO 6/97 USE 228.38 FADLER CO INC PAPER SUPPLIES 41.60 OWASSO PEST CONTROL PEST CONTROL 68.00 KIMBALL ACE HARDWARE MAINTENANCE SUPPLIES 25.95 DEPARTMENT TOTAL =___) 497.54 GENERAL & ADMINISTRATIVE ------------------------------ RONALD D CATES ADVANTA FINANCIAL CORP DOZIER PRINTING INC CITY OF OWASSO SCOTT MEDICAL CLINIC DEPARTMENT TOTAL =___) DEBT SERVICE ------------------------------ LEGAL SERVICES DIGITAL PLAYER -CONTRACT PRINTED FORMS WORKERS COMP 7/97 PRE-EMP DRUG SCREENS LIBERTY BANK & TRUST DEBT SERVICE //97 ASSOCIATES COMMERCIAL COR CART LEASE 47 TEXTRON FINANCIAL CORP LEASE 2 ANNUAL PYMT CITY ❑F OWASSO REVENUE ANTICIPATION LIBERTY BANK & TRUST ANNUAL FEE DEPARTMENT TOTAL =___> FUND TOTAL GRAND TOTAL 45.00 97.99 72.85 608.33 390.00 1,214.17 28,323.55 3,859.25 66,137.00 9,900.00 2,500.00 110,719.80 ------------- 124,290.17 ------------- 124,290.17 3 OWASSO PUBLIC GOLF AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 07\05\97 OVERTIME TOTAL DEPARTMENT EXPENSES EXPENSES Q'::.vvvif.?•}}xxr.}x: l.G:•%?}.:: •w:. '}}ff..v,.:I•.w•,ny n� x}}i}\�?}j;f�v.^.,:j'?r:i}:O:ti?^}:f•:•}:?????n};.;ri?rr{q}}}:ti??:•i}x;K/.?:,r,.iirTJ:•}}}};n}}:•}^}ri:•}i}:r;L4}}:•:?O:•}�•flf. }: �::?{?.x %.;;: i�:i.}:4::}::.•:•}i}iii:t::v.:::::::::::::...v..: y:.4::.?n}}}}}}}}}:?4i:.}}:}}}}}}}}}}}}}}: {' ':::} 'r.. i.` :i: .. F:'r,::ry}}}}}}}}}}}}}i}}}}}}}:.}}}:.'i•}•i}i}}}}}}}}}}}}}}}}}}}}Y:}ii}}}}}}}}}: k•..� a'•�}}. ' �n}}}i:•i.'•i:}�iiii:�iii}iiiiii:;}i}'h'{:is}::!?4:4:G:4:?}:4:4}:4}}}:J:•}:???^}}:v: .: .. '�•. r... :.,�..... . fR '. i:.'..:::::::::::::::::v }.:: ..y,� ��((,,��{{ ,,..}FF]��]��y((.��••(�� iSi>. '. :::::::::4•:i:.i:::::'::t2:}. :.:}. .:.: ?:. [.:} .' .. ...... Lli. ' .}}iL'' �14:H'.f':i} X•:.%.:titi 4.:v+:.:•%: � ..:.. .:v�n A'N...34��iii+:{S:..vwxv...:.:........L.:h:r}ir:L'':::.}•::::::::::::.;.::::::::::::::::::.. vv:....; y ......:.:.wr.:::::::.. Golf Shop Operations • :::•n:::v::.:v: ::• ::::N:Y .. .}i:?v+.?,•i:?.}....... 0.00 ::::Z.:.:::::::::::::: }Fff. 4,634.90 Food & Beverage 0.00 2,274.04 ..................... ..................:::::... .•:., ... aa.::.:e:.....:..:<.::.;�:.:::::Rz>}}:.:::.,,..::<.f,....:✓e+�:ft. .:. .... .... x::•wi:G:: APPROVED: 07\15\97 Chairman Trustee Trustee MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES I OWASSO PUBLIC GOLF AUTHORITY r- FROM: WARREN LEHR 6 DIRECTOR OF GOLF OWASSO GOLF ADVISORY COMMITTEE ' SUBJECT: ' DATE: BACKGROUND: 1 7 1 GOLF COURSE NAME CHANGE July 11, 1997 Prior to the golf course opening, a representative of the management company then employed suggested the name "Bailey Golf Ranch" as opposed to one of the more common public course names: golf course, golf club, golf links, or golf resort. Presumably, he felt such a unique name would set us apart or possibly give us a marketing niche. However, the name often causes confusion for those not familiar with our course. People often ask us if we even have a course or if it is a regulation or championship course. Experience has proven that the name "Golf Ranch" seems to carry a connotation of a driving range or non -regulation course and sometimes an image of batting cages, putt -putt, and video arcade. In fact, the only "golf ranches" that I am aware of in existence are driving range/teaching/practice facilities, such as Tee Town Golf Ranch in Tulsa. In a meeting of the Golf Advisory Committee on February 11, 1997, several options and possible ramifications of a name change were discussed which would better reflect the course from a marketing standpoint. It was discussed that if the name was changed, any recommendation would have to go to the Owasso Public Golf Authority for action and that, if such a course of action were taken, the same logo would continue to be used and "Bailey Ranch" would be incorporated into any name chosen. In a subsequent meeting of the Golf Advisory Committee on March 11, 1997, several different names were discussed and the name "Bailey Ranch Golf Club" received consensus approval. It was discussed that "Golf Club" is the common name associated with upscale daily fee courses open to the public. The committee agreed that this name would best market the course to its target customers - golfers seeking a high quality, well maintained, championship golf course. In the past month, I have discussed this possible name change with Mr Roy Cartwright, a representative of the Bailey Foundation (the private trust that donated the land for the golf course). The name "Bailey Ranch Golf Club" was presented to the Bailey Foundation Board of Trustees and received consensus approval, pending approval by the OPGA. 1 GOLF COURSE NAME CHANGE JULY 11, 1997 PAGE 2 RECONEWENDATION: The staff recommends a change of the name "Bailey Golf Ranch" to "Bailey Ranch Golf Club", while retaining the same logo currently in use. ATTACH TENTS: 1. Minutes of February 11, 1997 Golf Advisory Committee meeting 2. Minutes of March 11, 1997 Golf Advisory Committee meeting GOLFAUTH\MEMOS \ 1997\NAMECHNG.MEM ' OWASSO GOLF ADVISORY COMMITTEE MINUTES OF REGULAR MEETING TUESDAY, FEBRUARY 11, 1997 The Owasso Golf Advisory Committee met in regular session on Tuesday, February 11, 1997 at the Bailey Golf Ranch Maintenance Facility, 10230 E 86th St N, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Wednesday, February 5, 1997. ITEM 1: CALL TO ORDER. Chairman Sokolosky called the meeting to order at 5:02 p.m. Members present: Ed Sokolosky, Pat Woods, Cloyd O'Dell, Ted VanCuren. Members absent: Katheryn Holman. Staff present: Warren Lehr and Tim Lampton. ITEM 2: REQUEST APPROVAL OF MINUTES OF JANUARY 14, 1997 REGULAR MEETING. ' Ms Woods moved, seconded by Mr VanCuren, to approve the minutes as printed. AYE: Woods, VanCuren, O'Dell, Sokolosky ' NAY: None Motion carried 4-0. ' ITEM 3: GENERAL DISCUSSION AND UPDATE ON GOLF COURSE ISSUES. January rounds of play and revenue were up despite the bad weather. An information sheet on ' rounds of golf played at Tulsa area golf course during 1996 was distributed. There was discussion on a fee charge to tournament groups from outside Owasso when they bring their own food and beverage. Other items discussed were the city vehicle being driven on the course and ' rangefinders from Bushnell. Mr Lampton updated the committee on the streets in developments surrounding the golf course, including wind fence and silt fence requirements; discussion with the Public Works Department in put the Maintenance Building on the city sewer system; and current fertilizer and herbicide applications. ITEM 4: UNFINISHED BUSINESS. r None. ITEM 5: NEW BUSINESS. There was discussion concerning the name "Bailey Golf Ranch". It is believed that the name "Golf Ranch" sometimes sends the wrong marketing message, with people perceiving it to be a driving range, mini -golf course, etc. The possibility of a name change was discussed, with several names being suggested - Bailey Ranch Golf Club, The Links at Bailey Ranch, The Golf Club at Bailey Ranch, Bailey Ranch Golf Course, and Bailey Ranch Golf Links. If the Advisory Committee believes that the name should be changed, any recommendation would have to go to the Owasso Public Golf Authority for action. If such a course of action is taken, the same logo would be used, and "Bailey Ranch" would be incorporated into any name chosen. 1 OWASSO GOLF ADVISORY COMMITTEE MINUTES OF FEBRUARY 11, 1997 PAGE 2 ITEM 6: ADJOURNMENT. Mr VanCuren moved, seconded by Mr O'Dell to adjourn. Motion carried 4-0 and the meeting was adjourned at 6:04 p.m. I Edward Sokolosky, Chairperson Warren Lehr, Secretary OWASSO GOLF ADVISORY COMMITTEE ' MINUTES OF REGULAR MEETING TUESDAY, MARCH 11, 1997 The Owasso Golf Advisory Committee met in regular session on Tuesday, March 11, 1997 at the Bailey Golf Ranch Maintenance Facility, 10230 E 86th St N, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, March 7, 1997. ' ITEM 1: CALL TO ORDER. Chairman Sokolosky called the meeting to order at 5:02 p.m. Members present: Ed Sokolosky, Pat Woods, Cloyd O'Dell, Ted VanCuren, Katheryn Holman. Staff present: Warren Lehr and Tim Lampton. ITEM 2: REQUEST APPROVAL OF MINUTES OF FEBRUARY 11. 1997 REGULAR MEETING. ' Mr VanCuren moved, seconded by Ms Holman, to approve the minutes as printed. AYE: VanCuren, Holman, Woods, O'Dell, Sokolosky NAY: None Motion carried 5-0. ITEM 3: GENERAL DISCUSSION AND UPDATE ON GOLF COURSE ISSUES. The following items were discussed: 1. A "Range Pass" or "Range Ball Membership" was discussed because of customer requests for such a program. The "membership" was discussed in terms of price for residents, non-residents, and patrons. The consensus of the committee was that the lower price should be offered to patron cardholders, regardless of residency status. A possible rate structure discussed was $150 a year for patrons, $250 a year for non -patrons, and $200 a year for Owasso residents who are not patrons. i2. Mandatory cart use period was reviewed. There was discussion regarding relaxing or moving from 1:00 p.m. to 11:00 a.m. the cut-off for requiring electric cart rental on weekends and holidays for the following reasons. (a) Would reach an expanded market of golfers (walkers and riders) at a time ' (11:00 a.m.) when "no-shows" begin to occur more frequently (b) Offer a morning alternative for those who prefer to walk as a cost savings or when they play for exercise OWASSO GOLF ADVISORY COMMITTEE MINUTES OF MARCH 11, 1997 PAGE 2 (c) Reduce cart availability problem which sometimes occurs around the noon hour Several other factors were discussed in detail by Mr Lehr, and it was the consensus of the committee that this time change should be instituted on a trail basis. 3. Mr Lampton reported that the aerification program has been successfully completed. 4. New cart batteries will be installed on the 12th and 13th. 5. Paul Eiserman has submitted his resignation and is going to the Golf Club of Oklahoma i as an assistant professional. Jason Cowan has also submitted a resignation and is going to Heritage Hills as an assistant professional. E M 4: UNFINISHED BUSINESS. iscussion on a name change for Bailey Golf Ranch continued from the previous meeting.ley Ranch Golf Club received consensus approval. Golf Club is the common name associated h upscale daily fee courses open to the public. is name would best market the course to arget customers - golfers looking for a high quality and well maintained course. ITEM 5: NEW BUSINESS. Mr O'Dell asked about updating cash registers to a type which would print the course name on receipts. Mr Lehr explain that OPGA could not afford state-of-the-art registers at the time they were purchased, but hopes to upgrade to point -of -sale computer upon moving into a permanent clubhouse. ITEM 6: ADJOURNMENT. Ms Holman moved, seconded by Ms Woods to adjourn. Motion carried 5-0 and the meeting was adjourned at 6:00 p.m. Edward Sokolosky, Chairperson Warren Lehr, Secretary MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES ' OWASSO PUBLIC GOLF AUTHORITY FROM: WARREN LEHR, DIRECTOR OF GOLF SHERRY BISHOP, DIRECTOR OF FINANCE RON CATES, CITY ATTORNEY SUBJECT: REQUEST FOR OPGA TRUSTEE APPROVAL OF GOLF CLUBHOUSE DEVELOPMENT AGREEMENT DATE: July 11, 1997 BACKGROUND: ' For the past two years, there have been discussions between the staff, the Larkin Bailey Foundation and a land developer relating to the construction of a golf clubhouse facility at Bailey ' Ranch. Early this year, a concept was outlined which appears to make the construction of a clubhouse a very realistic possibility. Based on that initial concept (related to you in the March 7 City Manager's Report), a meeting, attended by Roy Cartwright, J N Witt, Pete Kourtis, Brooks Pittman, Sherry Bishop and Warren Lehr, was held on March 13 to discuss whether there was interest in further developing the concept. All discussions proceeded positively, and Ron Cates subsequently began work on drafting the concept into a form that all three parties - the developer, the Bailey Trust, and the OPGA - could agree to and sign. On May 14, a "Development Agreement" was submitted by Mr Cates and distributed to Mr Cartwright, Mr Kourtis, Ms Bishop and Mr Lehr. This agreement (copy attached) was discussed in detail in a meeting held on May 27 and attended by Roy Cartwright, J N Witt, Pete Kourtis, Bland Pittman, Ron Cates and Warren Lehr. Some changes were suggested and a second draft of the concept produced by Mr Cates was submitted to Mr Cartwright, Mr Kourtis, Ms Bishop and Mr Lehr. A subsequent meeting between Mr Cates and Bailey Trust attorney Ted Reisling resulted in a suggestion by Mr Cartwright that a meeting be held at the Battle Creek Golf Course clubhouse to review the nature and scope of the construction. Such a meeting was held on June 12 and attended by Mr Cartwright, Mr Witt, Ms Patsy Cravens, Pete Kourtis, Bland Pittman, Brooks Pittman, Warren Lehr, and Larry Christian, the contractor who built the clubhouse at Battle Creek. Discussions focused on desired goals and differences to be strived for in a Bailey Ranch clubhouse and approximate costs and timetables for such a project. Based on the above -described discussions and the agreed -to concept, Mr Cates has developed ' a final draft of the "Development Agreement" and submitted such to the Bailey Foundation and Mr Kourtis for their action. The Bailey Foundation has taken action to approve the document, CLUBHOUSE CONCEPT REPORT JULY 11, 1997 PAGE 2 and have executed the agreement. Mr Kourtis has submitted the document to his attorney for a final review and expects to sign the agreement as soon as that review is completed. The proposed development agreement is attached for your review and consideration. COMMENTS: Conceptually, this three -party partnership should produce a clubhouse asset for the OPGA at no cost to the Authority, produce a tax benefit to the Bailey Foundation, and provide an enhanced sales environment to the land developer. If it succeeds, it will be a win -win -win situation for all. The time is certainly "ripe" for the construction of a clubhouse which would produce a greatly enhanced environment for the growth of the Authority's business at Bailey Ranch. The clubhouse would be designed in such a way as to accommodate meetings and events of various types, as well as provide a greatly improved atmosphere for regular play, business entertainment, corporate outings, charity events, and tournaments. Within the guidelines of this concept, a clubhouse could be constructed without incurring any debt for the citizens of Owasso or requiring any contributions from taxpayers or golf course users. The Authority will, however, be assuming responsibility for funding the future operation of the facility. CONCEPT SUMMARY: 1. The developer purchases land from the foundation earlier than property is actually needed ' for his schedule of development (approximate cost of the property is $500,000). 2. The foundation would then commit the entire $500,000 to the construction of a golf course ' clubhouse on OPGA property, located where the master plan anticipated its construction. 3. The OPGA provides the property and staff resources to coordinate the design and ' construction of the facility. _ 4. An architectural committee is formed, comprised of three Bailey Foundation representatives, one land developer representative, one OPGA representative, the City Manager, City Golf Director, City Treasurer, and one member of the Golf Advisory Committee. 5. The architectural committee is charged with selecting an architect, approving design, selecting the construction contractor, and monitoring construction. I I ' CLUBHOUSE CONCEPT REPORT JULY 11, 1997 ' PAGE 3 6. The project would then be funded by the Bailey Foundation and payments made to the ' contractor by the foundation so as to avoid additional expense of bonding and bidding requirements that would be required if the OPGA built the facility. ' 7. Upon completion of the clubhouse, the foundation would donate the building to the OPGA/City. Acceptance of the facility would be based upon three conditions; 1) No liens on the project, evidenced by lien waivers from all contractors and suppliers, 2) structure ' meets design criteria and specifications as established by the selected architect and architectural committee, and 3) a one-year maintenance bond to the OPGA from the general ' contractor. 8. The land developer would receive office space (of a size to be negotiated) in the structure for use as a sales office for a period of five years or until all lots on property contiguous to the golf course property are sold, whichever comes first. ' 9. The Bailey Foundation has indicated a desire for the OPGA to contribute to the project by constructing a parking lot. However, such expenditure would erode the already underfunded debt service reserves. The negotiating team has agreed to seek innovative and ' creative funding solutions for the parking lot construction, however, no commitments have been made for the city or OPWA to contribute funds to this construction project. RECOMMENDATION: ' The staff recommends Trustee approval of the proposed development agreement and that the Chair be authorized to execute the agreement on behalf of the Authority. 1 ATTACHMENTS: 1. Final Draft of Concept Agreement 2. Agreement Signature Page with Bailey Trustees' Signatures 3. Preliminary Timeline and Critical Points. ' GOLFAUTH\MEMOS\1997\CLUBHOUSE.MEM DEVELOPMENT AGREEMENT FOR BAILEY RANCH GOLF CLUBHOUSE This agreement is made and entered into on this day of , 1997, by and among KOURTIS PROPERTIES, L.L.C., having its principle mailing address at P.O. Box 419, Owasso, Oklahoma 74055, hereinafter referred to as "Developer", ROY G. CARTWRIGHT, JOSEPH N. WITT and PATSY CRAVENS, not individually but as Trustees of the LARKIN BAILEY FOUNDATION UNDER DATE OF AUGUST 28, 1995, having its principle mailing address at 612 South Denver, Tulsa, Oklahoma 74119, hereinafter referred to as "Foundation", and the OWASSO PUBLIC GOLF AUTHORITY, an Oklahoma Public Trust, organized and operated under the provisions of 60 O.S. Section 176, et seq., and other trust statutes relating thereto, having the City of Owasso, Oklahoma, as its beneficiary, with its principle mailing address at P.O. Box 180, Owasso, Oklahoma 74055, hereinafter referred to as "OPGA". WITNESSETH I. PURPOSE The purpose of this Development Agreement is to set forth the complete understanding among the parties concerning the acquisition of real property located in Owasso, Tulsa County, Oklahoma, as more particularly described on Exhibit A attached hereto, made a part hereof and referred to as "Development Property", by Developer from Foundation. The proceeds from the Foundation's sale of such "Development Property", for the specific amount set forth hereinafter, will be utilized by the Foundation, in the manner hereinafter set forth, to construct a quality Clubhouse Facility at the Bailey Ranch, a public fee golf course owned by the City of Owasso, Oklahoma, and 1 leased unto the OPGA pursuant to that certain lease dated the 10th day of July, 1996, between the City of Owasso, Oklahoma, and the OPGA. Subsequent to the construction of such Clubhouse Facility, the Foundation will dedicate and donate all of Foundation's right, title and interest in and to such Clubhouse Facility to the OPGA for its use, operation and maintenance in conjunction with OPGA public fee golf course operations at Bailey Ranch as well as other salutary uses including, but not limited to, non-profit, charitable and community service organization uses as well as public purpose uses. In conjunction with the OPGA use, operation and maintenance of the Clubhouse Facility, OPGA shall provide unto Developer, at a nominal annual fee, office space within the Clubhouse Facility for Developer's utilization as a sales office. II. DEVELOPMENT PROPERTY Developer hereby agrees to purchase from Foundation and Foundation hereby agrees to sell to Developer the Development Property legally described on Exhibit A hereto. The purchase price for the "Development Property" shall be the amount of Five Hundred Thousand Dollars ($500,000.00), and shall be payable in cash, cashiers check or money order at the closing of the transaction to be held on or before the day of 1997. Within days from the date of execution hereof the Foundation shall provide Developer with an Abstract of Title to the Development Property certified to the date of this Development Agreement. Developer shall have days frorn receipt of Abstract of Title within which to have such Abstract of Title examined. Any valid objections which Developer has to the title shall be communicated in writing to Foundation within days of expiration of Developer's examination period. An objection to the title shall be deemed valid only if such objection is recognized as affecting 2 the marketability or merchantability of the title under the provisions of the Title Examination Standards of the Oklahoma Bar Association. Foundation shall have days from notice of valid objection to the title within which to cure such title defect or such longer time as the parties may mutually agree. a Should Foundation be unable or unwilling to cure such title defect then, in such , event, the Abstract of Title shall be returned to Foundation and the provisions of this Development 1 Agreement shall be thereby nullified. To the best knowledge of Foundation, as of the date of this Development Agreement and as of the date of closing, the property (including land, surface water, ground water, and improvements) is now and will then be free of all contamination, including (i) any "hazardous waste", "underground storage tanks", "petroleum", "regulated substance", or "used oil" as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.) as amended, or by any regulations promulgated thereunder; (ii) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.) as amended, or by any regulations promulgated thereunder (including, but not limited to, asbestos and radon): (iii) any substance the presence of which on, in, or under the property, is prohibited by any law similar to those set forth above; and (iv) any other substance which by law, regulation, or ordinance requires special handling in its collection., storage, treatment or disposal. At closing, Foundation, upon receipt of the sales price set forth above, shall convey to Developer by Trustees' Deed fee simple title in and to the Development Property, Foundation 7" therewith covenanting, promising, and agreeing with Developer that at delivery of said Trustees' Deed Foundation is lawfully seized in its own right of an absolute and indefeasible estate of inheritance in fee simple in the Development Property and that such Development Property is free, I clear, discharged and unencumbered of and from all forms or other grants, titles, charges, estates, ' judgments, taxes, assessments and encumbrances of whatever nature and kind, except easements of ' record and building restrictions as well as assessments as yet due and the Foundation will warrant and forever defend same unto Developer, its assigns and successors in interest. t III. CLUBHOUSE FACILTTY CONSTRUCTION Upon receipt of the proceeds of the sale of the Development Property, Foundation shall ' immediately cause such proceeds to be placed in an insured, interest bearing account with a financial institution located within Tulsa County, State of Oklahoma. Such account shall be denoted Bailey ' Ranch Clubhouse Facility Construction Account, hereinafter referred to as "Construction Account", the principle thereof and interest earned thereon to be utilized exclusively for construction of the ' Clubhouse Facility at Bailey Ranch. Contemporaneous with the establishment of the Construction Account, or prior thereto if the Iparties hereto so desire, the parties hereto shall establish an Architectural Committee. The Architectural Committee shall be comprised of three Foundation representatives, one Developer representative, one OPGA representative, the Owasso City Manager, the Owasso Golf Director, the Owasso City Treasurer and one member of the Owasso Golf Advisory Committee. The Architectural Committee shall be charged with the responsibility of selecting a Clubhouse Facility Architect, approving Clubhouse Facility design, specifications and contract documents, selecting the Clubhouse Facility Contractor and monitoring Clubhouse Facility construction. The Clubhouse Facility will be constructed on Bailey Ranch where the master plan has such located. The selection of the Clubhouse Facility Architect shall occur on or before the day of C! 1997. The Architect's Clubhouse Facility design, specifications and contract documents shall be submitted to the Architectural Committee on or before the day of , 1997. The Architectural Committee shall approve the Architect's Clubhouse and contract documents on or before the day ' Facility design, Specificationsy of 1997. The Clubhouse Facility Construction Contract shall be entered into on or before the day of , 1997. The Clubhouse Facility construction shall I commence on or before the _ day of , 1997. The Clubhouse Facility construction shall be completed and ready for OPGA occupancy and use on or before the day ' of , 1997. r OPGA staff will coordinate Architectural Committee and construction activities. The Clubhouse Facility construction costs shall be borne by the Foundation from the Construction Account exclusively with all payments therefor being made pursuant to the Construction Contract Schedule, and in accordance with the Architect's certification and Architectural Committees' recommendation. The Foundation, under the provisions set forth above, will make payments directly to the construction_ contractor or materialmen and subcontractors as provided for under Oklahoma law should such need arise. Title to the Clubhouse Facility shall vest in the OPGA immediately upon each payment made to the Clubhouse Facility Contractor as the Clubhouse Facility is constructed. At all times during the construction of the Clubhouse Facility, risk of loss shall be the sole responsibility of the OPGA. NO MONIES OF THE OPGA OR ITS BENEFICIARY, THE CITY OF OWASSO, OKLAHOMA, SHALL BE CHARGED AGAINST OR USED FOR CONSTRUCTION OF ' THE BAILEY GOLF RANCH CLUBHOUSE FACILITY. ' O I'6'. CLUBHOUSE FACILITY COMPLETION Upon completion of the construction of the Clubhouse Facility, the Foundation will execute any other documents necessary to dedicate and donate the Clubhouse Facility and all appurtenances thereunto to the OPGA together with terms of warranty. The OPGA will accept the dedication and donation of the Clubhouse Facility provided, to -wit: 1) No materialmen or mechanics lien(s) arising under Oklahoma law have attached or may within 120 days of completion of construction attach. This is to be assured by Foundation providing Lien Waivers from contractor, subcontractors and material suppliers; ' 2) The Clubhouse Facility meets all design criteria and specifications as certified to by the selected Architect and determined by the Architectural ' Committee; and, 3) The OPGA is provided a one-year maintenance bond on the Clubhouse ' Facility, such maintenance bond specifically providing for the OPGA as owner and indemnitee. I V. SALES OFFICE OCCUPANCY The OPGA shall provide unto Developer office space within the Clubhouse Facility for utilization by Developer as a sales office. The exact square footage and location therein shall be mutually arrived at by OPGA and Developer with neither party unreasonably withholding approval or acceptance of a desired or preferred office location. The Developer shall be allowed to occupy such sales office within the Clubhouse Facility for a period commencing with OPGA occupancy for five years or until all lots on the property contiguous to the Bailey Ranch are sold, whichever occurs first. 1 1 Developer shall pay unto OPGA the sum of One and No/100 Dollars ($1.00) per year for the right of occupancy of the Clubhouse Facility. Developer shall not commit waste on the occupied property or portions of the Clubhouse Facility and shall not maintain, commit or permit the maintenance or commission of a nuisance on the occupied property or portions of the Clubhouse Facility, or use the occupied property for illegal purposes. Developer shall conform to all applicable laws and ordinances respecting the use and occupancy of the occupied property. The OPGA shall not be liable for, and Developer shall defend and indemnify OPGA and save it harmless from and against any and all liability, damages, costs or expense, including attorney's fees, arising from any act, omission or negligence of Developer, or its contractors, licensees, agents, servants, employees or invitees, to any person or property, occurring in the occupied property or any part thereof, unless such accident, injury or damage shall arise as a result of OPGA's negligence or the negligence of contractors, licensees, tenants, agents, servants or employees of OPGA. W1. GENERAL PROVISIONS Each notice, demand, request, and other communication required or permitted hereunder shall be in writing and shall be deemed to be delivered if delivered in person, if mailed by United States Certified Mail, Return Receipt Requested, Postage Prepaid, or private contract carrier against signed delivery receipt, on the date evidenced by the signed receipt, or the date upon which the Postal Service or carrier certifies that delivery has been refused by the addressee or otherwise deemed impossible, addressed to the party to be notified at the address stated below: If to Developer: Kourtis Properties, L.L.C. P.O. Box 419 VA If to Foundation: If to OPGA Owasso, Oklahoma 74055 Attention: Pete Kourtis Larkin Bailey Foundation 612 South Denver Tulsa, Oklahoma 74119 Attention: Roy Cartwright Owasso Public Golf Authority P.O. Box 180 Owasso, Oklahoma 74055 Attention: Warren Lehr This Agreement is being executed and delivered in the State of Oklahoma, and the laws of such state shall govern the validity, construction, enforcement, and interpretation hereof and of the obligations, liabilities, rights, remedies, powers and privileges of the parties hereto. It is expressly agreed by the parties hereto that time is of the essence with respect to this Development Agreement and all terms and provisions herein. This Development Agreement constitutes the entire agreement between the parties and may not be modified or amended except by a written instrument executed by both parties. This Development Agreement as well as rights and liabilities arising hereunder are non - assignable and non -delegable without the express written consent of all parties hereto. This Development Agreement shall be binding on the parties hereto and their respective assigns, representatives and successors in interest. N. EXECUTED the day and year first written hereinabove. KOURTIS PROPERTIES, L.L.C. Pete Kourtis ' LARKIN BAILEY FOUNDATION , UNDER DATE OF AUGUST 28, 1995 a R artwright,gu9tee ' R 7osep . Witt, Trustee 'e Patsy Cr ens; Trustee OWASSO PUBLIC GOLF AUTHORITY Mary Lou Barnhouse, Chairperson ATTEST: Marcia Boutwell, Secretary 3671-014.da ' 9 1 u LI 1 I I I I I I F1 PROPOSED CONSTRUCTION TIMELINE BAILEY RANCH CLUBHOUSE Architectural Committee formed Selection of Architect Completion of Sketch Plans by Architect Completion of Sketch Plans Modification and Approval Development of Construction Drawings Approval of Construction Drawings Negotiated Bid Process Selection of Contractor Construction Begins Construction Framed and Roofed Construction Punch List Formed Certificate of Occupancy Obtained Construction Completed and Accepted Parking, Paving & Landscaping Medications Complete Grand Opening July 17, 1997 August 4, 1997 August 7, 1997 August 11, 1997 August 11 - September 8, 1997 September 12, 1997 September 12 - September 22, 1997 October 2, 1997 October 9, 1997 December 19, 1997 March 12, 1998 March 19, 1998 March 26, 1998 April 15, 1998 April 30, 1998 C