HomeMy WebLinkAbout6B(5) 50U TH e
Department of
Community Investment
1865
Memorandum
December 22, 2014
TO: Redevelopment Commission
FROM: Brock Zeeb/ David Relos, Economic Resources PLw
SUBJECT: First Amendment to Blackthorn Golf Course Operations Management
Agreement
The Blackthorn Golf Course is currently being operated under a Management Agreement that
expires December 31St. This Agreement was originally with Kitson & Partners, and was
assigned to Billy Casper Golf in September 2013.
To continue management of the Course while negotiations of its sale are ongoing, this First
Amendment extends the expiration date of the Agreement to June 30, 2015 or the sale of the
Course, whichever occurs first.
Monthly payments to Billy Casper remain the same under the Amendment during this
extension period.
Staff requests approval of the First Amendment to Blackthorn Golf Course Operations
Management Agreement.
227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 P: 574-235-9371 FAX: 574-235-9021 SOUTHBENDIN.GOV
FIRST AMENDMENT TO
BLACKTHORN GOLF COURSE
OPERATIONS MANAGEMENT AGREEMENT
THIS FIRST AMENDMENT TO GOLF COURSE OPERATIONS MANAGEMENT
AGREEMENT (this "Amendment") is made effective as of December 22, 2014 by and among
South Bend Redevelopment Commission, governing body of the City of South Bend
Redevelopment Department ("Owner") and Billy Casper Golf, LLC, a Virginia limited liability
company ("BCG"and/or "Manager").
WHEREAS, Kitson & Partners ("Kitson") entered into that certain Blackthorn Golf
Course Operations Management Agreement, dated as of January 1, 2010, with the South Bend
Redevelopment Commission, governing body of the City of South Bend Department of
Redevelopment for the operation and management of Blackthorn Golf Course ("Agreement");
and
WHEREAS, pursuant to the terms of the Agreement, Kitson assigned the Agreement to
BCG with the prior written consent of Owner, dated as of September 2013; and
WHEREAS, Owner proposes to sell the Blackthorn Golf Course, and Manager
acknowledges that Owner proposes to sell the Blackthorn Golf Course.
WHEREAS, Owner and BCG have agreed to extend the term of the Agreement and to
amend same in accordance with and pursuant to the terms of this Amendment.
NOW, THEREFORE, for good and valuable consideration, including the covenants
herein contained, the receipt and sufficiency of which are hereby respectively acknowledged by
each party,the parties hereto agree that the Agreement hereby is amended as follows:
1. Effective as of December 31,2014, Section 15.1 shall be amended as follows:
15.1 Term. The Term of this Agreement shall expire on the last day of the month
in which the Owner sells the Blackthorn Golf Course, provided, however, that the Term
of this Agreement shall expire on June 30, 2015, in the event no sale of the Blackthorn
Golf Course occurs on or before that date. The period from January 1, 2015, to the date
of termination, as such date will be determined in accordance with the foregoing
sentence, will be deemed the "Extension Period." Manager will be compensated for the
Extension Period on a monthly basis in accordance with the payment terms under this
Agreement. Owner will promptly notify Manager of the consummation of the sale of the
Blackthorn Golf Course.
2. Effective as of the date of this Amendment, Manager's address for purposes of notices
pursuant to Section 25.7 of the Agreement shall be deleted and replaced with the
following:
Manager: Billy Casper Golf, LLC
8300 Boone Boulevard, Suite 350
Vienna, Virginia 22182
Attn: Joseph Livingood
Telephone: 703.761.1444
Facsimile: 703.893.8504
Email: ilivingood(a),billycaspergolfcom
3. All capitalized terms used herein shall have the same meaning as ascribed to them in the
Agreement, unless otherwise defined herein. The Agreement, as amended hereby, shall
continue in full force and effect, subject to the terms and provisions thereof. In the event
of any conflict between the terms of the Agreement and the terms of this Amendment,the
terms of this Amendment shall control. This Amendment shall be binding upon and
inure to the benefit of the parties hereto and their respective successors and permitted
assigns.
WHEREOF, the parties have caused this instrument to be executed by their duly
authorized representatives.
Owner:
South Bend Redevelopment Commission
WITNESS:
By:
Name: Name:
Title:
Manager:
Billy Casper oIf, LLC, a Virginia limited
liability c p
Name: By:
V Cam=' 1 Name: Peter M. Hill
Title: Chairman and CEO
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