HomeMy WebLinkAboutAgenda Report - August 17, 1994OR
UTY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Lapse of Golf Driving Range Option (DeBenedetti Park)
MEETING DATE: August 17, 1994
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council information/ratification if appropriate.
BACKGROUND INFORMATION: As the Council will recall on May 18, 1994 it granted
to Kenneth Choo an option on the DeBenedetti Park site
for use as a driving range. However, we were informed
by Mr. Choo that he was also looking at an alternative site near the
intersection of Harney and west Lanes. Mr. Choo has now chosen to locate his
business there and has no further interest in the DeBenedetti site. I have
personally spoken with Mr. Choo and his attorney, Bob Mertz, to confirm this.
This understanding was memorialized in a letter to Mr. Choo dated August 2,
1994 (attached).
Since Mr. Choo never formally signed the lease agreement itself, which
contained an August 1 deadline for him to exercise his options, I have informed
him that the City now considers the offer to enter into a lease rescinded.
Although no further action is mandatory, the Council may wish to ratify this
position or to direct staff otherwise if that is desired.
FUNDING: Not applicable.
Respectfully submitted,
Bob McNatt
City Attorney
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CCCHOO/TXTA.01V
APPROVED
THOMAS A. PETERSON tecvaec Dauer
l City Managof
cc
CITY COUNCIL
JACK A. SIEGLOCK, Mayor
STEPHEN ) MANN
Mayor Pro Tempore
RAY G DAVENPORT
PHILLIPA €iNN3NO
JOHN R. (Randy) SNIDER
August 2, 1994
C- TY OF LODI
Mr. Kenneth Choo
c/o Bob Mertz, Esq.
111 West Pine Street
Lodi, California 9S240
CITY HALL. 221 WEST PINE STREET
P O. BOX 3006
LODI, CALIFORNIA 95241.1910
(209) 334-5634
1 A (2091111.6)95
Subject: Recision of Driving Range Lease at DeBenedetti Park
Dear Mr. Choo:
THOMAS A. PETERSON
City Manager
%JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
As we discussed a couple of weeks ago, I am pleased that your alternative
proposal for a driving range at Harney and West Lanes has been approved by
San Joaquin County. I am sure you will do well at that location.
For the purpose of keeping our "paper trail" in order, this letter will
serve to rescind the offer to enter into a lease for the DeBenedetti Park
mite, even though you never signed the original lease. As you will recall,
that lease had an August 1, 1994 deadline for you to either affirm the
lease or give up the DeBenedetti Park s-te. Since your alternative
location has been approved and you have given the City notice that you will
riot be locating at DeBenedetti Park, we should probably tie up loose ends.
For that purpose, this matter will be placed on the City Council's August
17, 1994 agenda in order to give the Council and public notification that
you have decided to allow your option to lease the property to lapse. In
this way, we can keep everyone involved advised of the project's status.
Once again, good lucA on your new operation
my swing when you open.
Best Regards,
BM:pn
CC: City Council
Parks 6 Recreation
City Manager
B.O.B.S.
I look forward to working on
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BOB W.
City Attorney
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CC: City Council
Parks 6 Recreation
City Manager
B.O.B.S.
I look forward to working on