ORDINANCE No. 177009

* Amend agreement with RedTail Inc. regarding RedTail Golf Course. (Ordinance; amend Contract No. 51897)

The City of Portland ordains:

Section 1. The Council finds:

1.  On September 5, 2002, the City concluded negotiations and signed a replacement lease agreement (Agreement No. 51897) with RedTail Inc. for the construction and operation of clubhouse, driving range, and related facilities at RedTail Golf Course.

2.  That agreement included a provision under which the lessee may submit a master plan for additional development at the site, which the City will consider and may accept or reject at its own discretion. In order to be relevant to that provision, the master plan was originally to have been submitted by November 1, 2002. That date was written into the agreement at an early stage of the negotiations; as it turned out, the months required to complete the negotiations consumed the time that would have been spent preparing the master plan.

3.  A fair consideration of whether or not the site can accommodate additional development requires a careful, high quality master plan, which cannot be prepared in one month. For this reason, the Director of Parks & Recreation recommends that the deadline for submitting the master plan should be extended to November 1, 2003.

4.  In addition, the recently adopted agreement has no provision for the administrative approval of minor amendments, such as this extension of the master plan deadline. For the sake of administrative efficiency, it is in the City’s interest to authorize the Director of Parks & Recreation to sign minor amendments—that is, amendments that do not change either party’s financial obligations or the length of the lease term—if and when the need for such amendments arises in the future.

NOW, THEREFORE, the Council directs:

a.  The Director of Parks & Recreation is hereby authorized to sign the attached Amendment No. 1 to Agreement No. 51897 with RedTail Inc.

b.  The Director of Parks & Recreation is hereby authorized to sign minor amendments to Agreement No. 51897 in the future, subject to approval as to form from the City Attorney’s Office. Minor amendments are amendments that do not affect either party’s financial obligations and do not change the length of the lease term.

Section 2:  The Council declares that an emergency exists in order to avoid further delay to the construction of the lessee’s capital improvements; therefore, this Ordinance shall be in force and effect from and after its passage by the Council.

Passed by the Council OCT 30 2002           Gary Blackmer

     Auditor of the City of Portland

           By /S/ Susan Parsons

Commissioner Jim Francesconi                Deputy

Prepared by: Gordon Wilson

October 22, 2002

BACKING SHEET INFORMATION

AGENDA NO. 1298-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177009