Title
Amendment No. 1 to Eisenhower Golf Course Lease Agreement - For the purpose of approving an Amendment No. 1 to the Lease for certain City-owned property to Anne Arundel County; and matters generally relating to said lease.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 18-16
Introduced by: Mayor Pantelides
Referred to
Finance Committee
Rules and City Government
AN ORDINANCE concerning
Amendment No. 1 to Eisenhower Golf Course Lease Agreement
FOR the purpose of approving an Amendment No. 1 to the Lease of certain City-owned property to Anne Arundel County; and matters generally relating to said lease.
WHEREAS, the City is the owner of certain real property located in Anne Arundel County, Maryland at 1576 Generals Highway, Crownsville, Maryland 21032; and
WHEREAS, by lease dated June 13, 1966, the County leased the Property from the City for the purpose of constructing and operating a public golf course and recreation facilities, now known as the Eisenhower Golf Course; and
WHEREAS, the fifty (50) year term of the Lease currently expires on June 12, 2016; and
WHEREAS, the City and the County have agreed to explore options for the ongoing management and operation of the Golf Course; and
WHEREAS, the City and the County have agreed that a one (1) year extension of the Lease is necessary to allow for proper consideration of all available options for the future management and operation of the Golf Course.
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Amendment No. 1 to the Eisenhower Golf Course Lease Agreement, between the City of Annapolis and Anne Arundel County, is hereby approved and authorized.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that in accordance with Article III, Section 8 of the Charter of the City of Annapolis, the proposed lease of City-owned property will better serve the public need for which the property was acquired.
SECTION III: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this Ordinance shall take effect from the date of its passage.
EXPLANATION
CAPITAL LETTERS indicate matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments
AMENDMENT NO. 1 TO LEASE
THIS AMENDMENT No. 1 TO LEASE (the “Amendment”) is made as of this _____ day of _____________, 2016 by and between THE CITY OF ANNAPOLIS, a municipal corporation of the State of Maryland (the “City”) and ANNE ARUNDEL COUNTY, MARYLAND, a municipal corporation of the State of Maryland (the “County”).
WHEREAS, the City is the owner of certain real property located in Anne Arundel County, Maryland at 1576 Generals Highway, Crownsville, Maryland 21032 (the “Property”), as further described in the Lease defined below; and
WHEREAS, by lease dated June 13, 1966 (the “Lease”), the County leased the Property from the City for the purpose of constructing and operating a public golf course and recreation facilities, now known as the Eisenhower Golf Course (the “Golf Course”); and
WHEREAS, the fifty (50) year term of the Lease currently expires on June 12, 2016; and
WHEREAS, the City and the County have agreed to explore options for the ongoing management and operation of the Golf Course; and
WHEREAS, the City and the County have agreed that a one (1) year extension of the Lease is necessary to allow for proper consideration of all available options for the future management and operation of the Golf Course.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the County agree as follows:
1. The term of the Lease shall be extended for one (1) year, and shall thus expire on June 12, 2017.
2. During this one (1) year extension, the County shall continue to pay rent and utilities pursuant to the “Third” and “Fourth” paragraphs of the Lease, and the County shall continue to maintain the required insurance pursuant to the “Eleventh” paragraph of the Lease.
3. Except as amended hereby, all other terms and conditions of the Lease shall remain in full force and effect, and both the City and the County hereby ratify and confirm all of their respective obligations under the provisions of the Lease, as amended by this Amendment.
4. In the event of any conflict between the Lease and this Amendment, the terms of this Amendment shall govern.
5. This Amendment shall be binding on and inure to the benefit of the City and the County and their respective successors and permitted assigns.
6. The County shall cause this Amendment to be recorded promptly after its execution among the Land Records of Anne Arundel County, and any costs of such recording shall be borne by the County.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Lease as of the date and year first above written.
LESSOR:
ATTEST: CITY OF ANNAPOLIS
_____________________________ By: _____________________________
Regina C. Watkins-Eldridge, MMC, Michael J. Pantelides, Mayor (Seal)
City Clerk
APPROVED FOR FINANCIAL SUFFICIENCY: REVIEWED AND APPROVED BY:
___________________________________ ________________________________
Bruce T. Miller, Director Thomas C. Andrews, City Manager
Finance Department
REVIEWED AND APPROVED BY:
___________________________________
Michael Morris, Director
Department of Recreation and Parks
APPROVED FOR FORM AND LEGAL SUFFICIENCY:
________________________________________
OFFICE OF THE CITY ATTORNEY
[Signatures continue on Following Page]
LESSEE:
anne arundel county, maryland
By: ______________________________
Name: Mark D. Hartzell
Title: Chief Administrative Officer
Approved for form and legal sufficiency:
Office of Law:
________________________________
Senior Assistant County Attorney
__________________________________
Rick Anthony, Director
Department of Recreation and Parks
__________________________________
Christine Romans
Central Services Officer