HomeMy WebLinkAbout79Sept24r
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ALHADEFF, LEAVITT SC WESLEY
ATTORNEYS AT LAW
THOMAS E. LEAVITT _ THIRD SC BLANCHARD BUILDING TELEPHONE
ALAN C. ALHADEFF 2134 THIRD AVENUE (206) 682-9192
STEPHEN R. POWELL SEATTLE, WASHINGTON 98121
R. JOSEPH WESLEY
September 24, 1979
SEP 2' ~ X97
Clerk of the City Council
City of Meridian
728 Meridian Street
Meridian, Idaho 83642
Re: Cherry Lane Village Golf Course
Dear Sir/Madam:
This office represents NuPacific Company-and our
clients have asked me to write this letter pursuant to the
terms of an agreement dated October 3, 1978 between NuPacific
and the City of Meridian which sets forth the terms of the
transfer of the Cherry Lane Golf Course property to the
city.
The section within the agreement entitled Management
and Maintenace Obligation indicates that following the
transfer to the city of the golf course property, the-city
will undertake sole and exclusive responsibility for management
and maintenance of the golf course itself, as well as any
buildings constructed thereon. As a-part of such management
and maintenance obligation, the city agreed to maintain the
premises at a standard of quality consistent with similar
public municipal golf courses throughout the country.
Furthermore, the agreement clearly states that NuPacific
Company may look exclusively to the city-for any breach of
the agreement or default, even though the city may contract
with a third party to undertake its management and maintenance
obligation. Under the terms of that same section of the
agreement, NuPacific Company retained the right to have the
golf course maintained at the aforementioned standard of
quality, and failure to do so on the part of the city may be
deemed as a breach of the contract by NuPacific.
Firsthand inspection of the premises by principals
of NuPacific Company, the golf. course architect, the subdivision
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Clerk of the City Council
September 24, 1979
Page 2
engineers, and other interested parties has revealed that
the golf course maintenance and management is far below the
agreed upon standards. At the present time there is no golf
professional working at the golf course, there are inadequate
personnel for proper groundskeeping, food service is not
regularly available, and the general appearance and atmosphere
that exists is not one that. is appropriate for the proper
operation of a public golf course or conducive to good
relations with the public who use the course and facilities.
In addition, the result of the improper care and poor management
of the golf course has a direct and detrimental economic
effect-upon the Cherry Lane Village subdivision.
Under the section of the agreement entitled Default
and Breach of Contract, NuPacific is required to notify the
city in writing specifying any failures by the city to
properly manage and/or maintain the golf course property and
facilities. The agreement further states that after such
notification, should the city fail to take proper action to
cure such defaults within thirty days, NuPacific may, at its
sole discretion, enter onto the golf course property to
undertake proper maintenance and/or declare the city in
breach of its contract and request immediate return of the'
title to all of the property which had been conveyed to the
city under the terms of the agreement.
By this letter, coupled with earlier letters
directly from NuPacific Company, as well as conversations
and meetings held with the city, NuPacific Company has fully
outlined its objection to the manner in which the course is
being operated and eared for. Several attempts have been
made by our company as well as the city to correct the
problems, but to date all such attempts have failed.
Therefore, this letter will serve as formal notice
under the provisions of the agreement, specifically as the
section entitled Default and Breach of Contract provides,
that-the city is in default of the agreement dated October
3, 1978. This default is the direct result of inadequate
care of the golf course, improper management of the facilities,
and a lack of appropriate and adequate personnel to maintain
both the course and the facilities. The city is requested-
to take immediate steps to cure the default within thirty
days of the date of this notice, which steps must lead to
maintenance of the property at the standard set forth in the
agreement. If such steps are not adequately, taken within
such period of time, IQuPacific Company will exercise its
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Clerk of the City Council
September 24, 1979
Page 3
option within the agreement to revest title to the property
back to the company.
Thank you.
LEY
TEL/nc
c: NuPacific Company
Joe Glaisyer, Mayor
Marvin R. Bodine, Councilman
Richard C. Williams, Councilman
Grant P. Kingsford, Councilman
Bill Brewer, Councilman
Sincerely yours,