Addendum to Lease Agreement with Lakeview Golf Course for FootGolfADDENDUM TO CITY OF MERIDIAN LEASE AGREEMENT WITH LAKEVIEW
MERIDIAN INVESTORS, LLC
TERMS AND CONDITIONS FOR FOOTGOLF OPERATIONS
DECEMBER 1, 2015
RECITALS
1. Lakeview Meridian Investors, LLC ("Lessee") and the City of Meridian ("City") entered
into that certain Lease Agreement ("Agreement") dated May 17, 2005.
2. The Parties desire to enter into this addendum to set forth the following reasonable terms
and conditions for operation of FootGolf at the Lakeview Golf Club ("FootGolf
Addendum").
NOW, THEREFORE, the AGREEMENT shall be modified by adding the following particulars:
1) Definitions: As used within this Addendum, the following definitions apply:
a) "FootGolf' is a combination of the sports of soccer and golf. The game is played with a
regulation #5 soccer ball at a golf course facility on shortened holes with 21 -inch diameter
cups. The rules largely correspond to the rules of golf. At Lakeview, Footgolf will be
played within the Golf Course, but its holes (and in some, but not all instances, tees) are
separate and apart from golf tees and holes. Footgolf as a game is played throughout the
world as a sport and is regulated by the Federation for International FootGolf (FIFG). The
American FootGolf League (AFGL) is the exclusive member of the FIFG and governing
body for FootGolf in the US.
b) "Golf' or "Traditional Golf' is a sport where players ("Golfers") use various clubs to hit
balls into a series of holes as originally intended in the May 17, 2005 Lease Agreement.
2) Term
a) The initial term for FootGolf shall begin upon the execution of the FootGolf Addendum by
City and shall continue until the end of the City's fiscal year on September 30, 2016.
b) The term shall be extended each successive fiscal year that the Lease Agreement is in
effect, unless otherwise terminated pursuant to the terms of this FootGolf Addendum.
ADDENDUM TO CITY OF MERIDIAN LEASE AGREEMENT WITH LAKEVIEW MERIDIAN INVESTORS,
LLC TERMS AND CONDITIONS FOR FOOTGOLF OPERATIONS
3) Course Lgyout
a) The location of the tee box areas and greens to be used for FootGolf shall be limited to the
area of the premises known as the "Front Nine" and more particular as set forth on Exhibit
A, attached hereto.
b) If the Lessee determines that due to unforeseen circumstances when the original location
and layout were prepared as provided herein, changes become necessary for improved
operations of FootGolf and/or Traditional Golf, Lessee shall notify the City of such
changes in advance.
4) Rules
a) FootGolf play shall be regulated by the rules promulgated by the Federation for
International FootGolf (FIFG) and the American FootGolf League (AFGL).
b) Prior to initiating play at on the course, each FootGolf player shall watch a short
introductory video regarding rules and etiquette, or shall verify that said player has watched
such video. The Lessee shall be allowed to select the video and update as required.
c) Local FootGolf Rules shall be printed on a Lakeview FootGolf Score Card provided to
each group of players, a copy of which is attached hereto as Exhibit B. The local FootGolf
rules shall include:
i) Please respect all golfers and the course.
ii) Do not walk on Traditional Golf Greens or kick ball from these greens. You may kick
the ball on or from only the FootGolf Greens.
iii) Wear appropriate clothing. Golf apparel is preferred.
iv) Soccer Cleats are not allowed at any time.
v) Please be aware of your "speed of play" to keep up with the group in front of you or not
impede the group behind you.
vi) Please rake bunkers and observe other golf etiquette.
vii) Keep golf carts on designated paths at all times.
viii) No trespassing on private property to retrieve ball or for any reason.
5) Operational Requirements
a) The FootGolf program shall be conducted in such a manner that FootGolf play does not
unreasonably or materially interfere with Golfers or Golf Course operations. The Lessee
ADDENDUM TO CITY OF MERIDIAN LEASE AGREEMENT WITH LAKEVIEW MERIDIAN INVESTORS,
LLC TERMS AND CONDITIONS FOR FOOTGOLF OPERATIONS
shall be required to take reasonable actions to enforce the rules of FootGolf and more
specifically provide reasonable assurance that FootGolf players:
i) Do not exhibit unruly conduct.
ii) Observe golf etiquette while on the course.
iii) Do not trespass on private property.
iv) Observe all of the Local FootGolf rules as set forth in this Addendum.
b) No FootGolf tee times will be allowed before 3pm.
c) Maximum of four players allowed per group for each tee time.
d) No FootGolf tee times will be allowed during Traditional Golf tournaments, Traditional
Golf league play, and other Traditional Golf events scheduled by the Men's and Ladies
Associations.
e) In the event of a conflict between FootGolf players and High School players of Traditional
Golf, in scheduling available tee times, High School players of Traditional Golf shall be
given priority.
f) When FootGolf is being played, the tees and holes shall be clearly marked so that they can
be avoided by others on the course playing Traditional Golf.
g) When FootGolf is not scheduled the FootGolf holes shall be properly covered so that they
do not present a hazard to anyone authorized to use the course.
6) Termination
a) The Parties may mutually agree to terminate this addendum at any time during the Term.
b) In the event that the City believes the FootGolf program as provided herein is unreasonably
or materially interfering with Golfers or Golf Course operations, the Lessee shall be
provided a written notice detailing the specific facts that are being alleged.
i) If Lessee resolves such allegations after receiving written notice, there shall be no
further actions taken by the City.
ii) If Lessee allows such actions to continue, City shall cause a hearing to be set at a
regularly scheduled meeting of the City Council.
a. Lessee shall be provided an opportunity to respond to the allegations in writing or at
the hearing.
b. After notice and hearing, the FootGolf program may be terminated if the City
Council finds that the FootGolf program unreasonably or materially interferes with
Golf Course operations. Facts constituting unreasonable or material interference
ADDENDUM TO CITY OF MERIDIAN LEASE AGREEMENT WITH LAKEVIEW MERIDIAN INVESTORS,
LLC TERMS AND CONDITIONS FOR FOOTGOLF OPERATIONS
with Golfers or Golf Course operations include but are not limited to Lessee's failure
to take reasonable efforts to enforce the Rules and Operational Requirements as set
forth in this Addendum.
c. After notice and hearing, in the event that City makes a finding that the FootGolf
Program shall be terminated, Lessee shall remove all FootGolf tees, holes, and other
FootGolf materials from the Golf Course within 15 calendar days following the date
that the City Council makes the finding, unless conditions require additional time.
The City will not be unreasonable in granting a request for a time extension.
c) In the event that a third party brings legal action regarding the FootGolf program as
provided herein and receives a valid judicial order requiring that the FootGolf program
cease and desist in the leased premises, the City reserves the right to terminate this
addendum.
All other terms of the Agreement shall remain the same.
IN WITNESS WHEREOF, the parties do execute this Addendum the day and year first above
written.
CITY OF MERIDIAN, IDAHO
eerd, Mayor
c;cy of
Attest: ' ° A'' °
aJaycen. Holman, City ' lerk SEAL
T J.
LAKEVI W MERIDIAN INVESTORS, LLC
an Idaho limited liability company
by
OAAS & LANEY, Inc,
an Idaho corporation
ADDENDUM TO CITY OF MERIDIAN LEASE AGREEMENT WITH LAKEVIEW MERIDIAN INVESTORS,
LLC TERMS AND CONDITIONS FOR FOOTGOLF OPERATIONS
EXHIBIT B
SAMPLE SCORECARD
f
Please respect all golfers and the course.
Do not walk on Traditional Golf Greens or kick ball from these
eens. You may kick the ball on or from only the FootGolf Greens.
Wear appropriate clothing. Golf apparel is preferred.
I Soccer Cleats are not allowed at any time.
Please be aware of your "speed of play" to keep up with the group
front of you or not impede the group behind you.
i Please rake bunkers and observe other golf etiquette.
Keep golf carts on designated paths at all times.
i) No trespassing on private property to retrieve bailor for any
ason.
No outside food or beverages are allowed on the course.
ADDENDUM TO CITY OF MERIDIAN LEASE AGREEMENT WITH LAKEVIEW MERIDIAN INVESTORS,
LLC TERMS AND CONDITIONS FOR FOOTGOLF OPERATIONS