05/27/98 Packet (2)CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date:
May 27, 1998
Item Number: 8.¢.10.d.
Subject:
Request Permission to Construct a Concrete Retaining Wall and
Fence on County Property
County Administrator's Comments:
County Administrator:
BoardActionRequested: Staff recommends that the Board of Supervisors grant
Mountaineer Properties, Inc. permission to construct a concrete retaining
wall and fence on County property; subject to the execution of a license
agreement.
Summary of Information:
Mountaineer Properties, Inc. has requested permission to construct a
concrete retaining wall and fence on County property (Midlothian Middle
School) adjacent to Sycamore Village, Section "B". This request has been
reviewed by staff and approval is recommended.
District: Midlothian
~ohn W. Harr~$n
Yes
Title:
Right of Way Manaqer
Attachments: No
~, Vlg~N!TY SKSTCN ~
REQUEST PE~.~ISSION 'i'O CONSTRUCT A CONCRETE RETAINING WALL AND
FENCE ON COUNTY PROPERTY HOUNTAINEER PROPERTIES INC
MIDi V'fatkin~
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mMidl°th'ian Ii
3RNPIKE:
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106
107
Meeting Date:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
May 27, 1998
Page I of I
Item Number: 8.C.23.F.
Subject:
Transfer $400 from Each Districts' Three Cent Road Funds (Total of $2,000) to the Parks and
Recreation Department to Purchase Uniforms and Equipment for the Chesterfield Soccer
Club U/14 Soccer Team
County Administrator's Comments:
County Administrator: ~~
Board Action Requested:
Transfer $400 from each of the districts' Three Cent Road Funds (total of $2,000) to the Parks and
Recreation Department to purchase equipment and uniforms for the Chesterfield Soccer Club U/14
Soccer Team.
Summary. of Information:
The Chesterfield Soccer Club U/14 team is planning to attend the Youth World Cup Soccer
Tournament in Gothenburg, Sweden in mid-July, 1998. The team will also visit other European
countries during the week-long trip. The Soccer Club has contacted Board members requesting that
the Board purchase uniforms and equipment for the team which will be used during the trip. The
total estimated cost of the teams uniforms and equipment is approximately $4,300. Board members
are requesting that $400 be transferred from each of their districts' Three Cent Road Funds (a total
of $2,000) to the Parks and Recreation Department to purchase the equipment and uniforms.
Each of the districts' Three Cent Road Funds have sufficient money to fund this request.
Preparer: ~~C(_~q~. ~~, .~(~
J Rebecca T. Dickson ]~'-~
Title:
Director, Budget and Management
0407:22992.1
Attachments: Yes I No I# I
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page
AGENDA
Substitute Agenda Item
Meeting Date:
May 28, 1998
Item Number:
of 2
17 .F.
Subject:
Public Hearing to Consider a Lease Agreement with Richmond First Tee for 150 Acres in Ironbridge
Park
County. Administrator's Comments:
County Administrator: ~
Board Action Requested:
Consideration of a lease with Richmond First Tee
Summary_ of Information:
At a public hearing last night, the Board of Supervisors approved a rezoning of 150 acres at
Ironbridge Park to permit the operation of a golf course. Richmond First Tee has requested that the
County lease 150 acres in Ironbridge Park for the purpose of constructing and operating an 18-hole
golf course for youth and the elderly. The lease is for an initial term of 30 years.
The lease may only be renewed if Richmond First Tee operates and maintains the facility in
compliance with the terms of the lease. The lease agreement incorporates by reference the agreement
between Richmond First Tee and the National First Tee which includes items requiring quality
standards and fiscal integrity (a copy of which is attached).
Richmond First Tee must provide a construction bond to ensure completion of the project. Richmond
First Tee will provide the County with annual reports on its financial strength and level of success and
Richmond First Tee's fee schedule shall be established in consultation with the County. The golf
course and facility must be made available free of charge to County Parks and Recreation and the
Chesterfield County Public Schools.
The County will pay the cost of extending a water line to the property with Richmond First Tee being
responsible for all other utilities expenses.
~~,~x ~/~(cOntinued)
Preparer: ~ ~ ~"3 Title: County Attorney
Steven L. Micas 23030. q
Attachments: · Yes [] No [ # [
I
I
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Summary_ of Information:
All of the improvements on the property remain the property of the County upon expiration of the
lease.
Based on input from citizens at last night's public heating and negotiations with Richmond First Tee
today, Richmond First Tee has agreed to the following additions to the proposed lease:
1. The name of the golf course will be "The First Tee - Chesterfield."
2. Richmond First Tee will share the expense of relocating the bike and hiking trails displaced
by construction of the facility up to $20,000.
3. Richmond First Tee guarantees that the facility will be open to the general public
on a schedule approved by the County.
4. In addition to children, adults 65 years or older residing in Chesterfield will receive
discounted rates.
Richmond First Tee must reinvest 50% of all excess revenues beyond capital and
operational reserves toward capital improvements in the facility or reducing fees charges to
the public.
The county's obligation to pay $400 per event to use the facility has been deleted.
The County Administrator or his designee shall serve on the Board of Directors of Richmond
First Tee. Additionally, the Board of Supervisors shall appoint a citizen of the County to the
Board of Directors beginning in February 1999.
Richmond First Tee shall provide a $100,000 start-up performance bond for the first three years
of the lease.
9. Richmond First Tee is prohibited from mortgaging the leased property.
0600:23030.1
DRAFT
LEASE AGREEMENT
This Lease is entered into this day of , 1998, by and between
Chesterfield County, Virginia ("County"), Richmond First Tee, a not for-profit corporation, and, for
the limited purposes set forth herein, The First Tee, a division of the World Golf Foundation, Inc. for
the development of golf facility at Ironbridge Park in Chesterfield County, Virginia.
WHEREAS, Richmond First Tee will develop such golf facility to be known as "The First Tee
- Chesterfield"; and
WHEREAS, Richmond First Tee has represented to the County that it intends to operate as
a 501(c)(3) organization and has formed a Board of Directors and staff capable of providing the
financial and professional support to sustain the successful operation of a golf course facility in the
County; and
WHEREAS, the County is willing to enter a lease agreement with Richmond First Tee based
on Richmond First Tee's representations of adequate capitalization and the participation on its Board
of reputable community leaders; and
WHEREAS, The First Tee has represented to the County that it supports and endorses the
operations of Richmond First Tee as a franchisee of its national program and that it will enter into an
agreement with Richmond First Tee establishing high quality standards of operation and maintenance
of the facility; and
WHEREAS, the County, Richmond First Tee, and The First Tee desire to create a unique
first-class public golfing facility in the County which will make golf available to children of all
economic backgrounds;
NOW, THEREFORE, for the premises and conditions set forth herein, the parties agree as
follows:
1. Leased Property.
The County hereby leases to Richmond First Tee up to approximately 150 acres, constituting
a portion oflronbridge Park, in Chesterfield County, the boundaries of which shall be determined by
the County and shall be reasonably acceptable to Richmond First Tee, and shall be identified with
specificity by a survey provided by, and at the sole expense of, Richmond First Tee (the "Leased
Property"). A description or map depicting the approximate boundaries of the Leased Property is
attached hereto as Exhibit A. Richmond First Tee represents that k has inspected the site, determined
that it is suitable for its intended purposes and accepts the property "as is." This Lease is contingent
upon Richmond First Tee receiving zoning approval and approval of this Lease from the County's
Board of Supervisors.
2. Permitted Use.
Except as otherwise may be provided herein, the Leased Property shall be used solely in
connection with the develel~ment efa "First Tee" l~ublic gelf facility anal related programs, consistent
with the terms and conditions of an agreement entered into between Richmond First Tee and The
First Tee. For purposes of this Lease, the agreement between Richmond First Tee and The First Tee
shall be referred to as the "First Tee Agreement" and the terms of that agreement are incorporated
herein by reference. The First Tee, by executing this Lease, acknowledges that Richmond First Tee
has entered into the First Tee Agreement confirming its commitment and financial capability to
construct and operate the facility in accordance with standards established in that agreement. The
0607:22317.1 -2-
(5/28/98)
First Tee will provide confirmation and acknowledgment of Richmond First Tee's continuing
relationship upon request of the County and will promptly notify County if Richmond First Tee
defaults under the terms of the First Tee Agreement, or if the First Tee Agreement is amended.
3. Term.
The initial Lease Term shall be thirty (30) years. The Lease may be renewed for two
additional ten (10) year terms upon such terms as the parties may mutually agree, provided that
Richmond First Tee has during the initial term consistently operated and maintained the Facility in
compliance with the material terms of the Lease. Five (5) years prior to the end of each applicable
term the County and Richmond First Tee shall begin renewal negotiations based upon a review of the
status of the Richmond First Tee program, the continued fulfillment of its goals, and the satisfaction
by Richmond First Tee of its obligations under the Lease.
4. Rent.
During the initial Lease Term and any renewal term, rent shall be Eight Hundred Dollars
($800.00) annually, payable on the 30th day of April of each year, which reflects estimated taxes
under the County's. Special Land Use Program. ~,~,j,,,L---'-:--' CO "-ul~- Eeiii&iiTtiiig 'L.,.,~ ....... u~'"-:-[,,~ Lease.
5. Construction, Operation and Maintenance of Leased Property.
a. Richmond First Tee shall, on the Leased Property, construct, operate, and maintain
at its sole cost and expense, an 18 hole golf course facility, with appropriate irrigation, which may
include, without limitation, a driving range, 3-hole small tot facility, practice green, and clubhouse/pro
shop and concession facilities (all of the improvements are hereinafter referred to collectively as the
"Facility"). Prior to commencement of construction Richmond First Tee will enter into an agreement
0607:22317.1 -3-
(5/28/98)
with the County's Director of Parks and Recreation to share in the actual expense of relocating the
bike and hiking trails displaced by construction of the Facility.
b. Construction of the Facility shall be performed by a contractor selected by Richmond
First Tee. Prior to construction, Richmond First Tee shall provide a standard contractor's
performance bond, l~tter ef credit, er ether surety in ameunt and form acceptable to the County in
its reasenable discretien which shall guarantee c®nstructien of the Facility and which shall be released
following the County's receipt of evidence of payment and verification that all payments for work
performed have been made.
c. During construction of the Facility, Richmond First Tee shall cooperate with the
County's Parks and Recreation Director and allow him to inspect the site as he deems appropriate.
d. Construction of the Facilities shall commence on or about June 1, 1998 and shall be
completed with operations commencing on or about June 1, 1999; provided, that Richmond First Tee
shall not be responsible for delays due to acts of god, stormy or inclement weather, or acts by others
or circumstances which are reasonably beyond its control.
e. The layout and maintenance of the Facilities shall be consistent and in conformity with
comparable golf course facilities in the region and USGA Green Section recommendations.
f. Once constructed, Richmond First Tee shall maintain the Facility at its sole expense
in good order, in sanitary and safe condition, and in a high-quality condition. All work shall be
performed in a professional manner. Richmond First Tee shall utilize a qualified Golf Course
Superintendent who is a member of the Golf Course Superintendent's Association of America, and
who is a licensed chemical applicator. Richmond First Tee shall subscribe membership to the United
0607:22317.1 -4-
(5/28/98)
States Golf Association, and will to the extent practicable seek the review and input of the Greens
Section with respect to agronomic conditions of the course.
6. County Assistance with Development and Operations.
The County agrees to provide mutually agreeable, reasonable and appropriate ingress and
egress to the Leased Property subject to approval by the County's Department of Transportation.
The County will assist Richmond First Tee in obtaining approval from the Virginia Department of
Transportation for directional signage for the Facility adjacent to nearby freeways and major roadway
locations. Entrance signage for the Facility may be placed in a conspicuously designated manner and
location at the entrance to Ironbridge Park, subject to local sign ordinance restrictions and zoning
conditions. The County agrees to include and feature the Facility in all marketing materials the
County deems appropriate. Richmond First Tee agrees to acknowledge the County's support and
sponsorship in its marketing materials.
7. Utilities.
The County shall bear the cost of extending water utilities to the property line of the Leased
Property at a location determined by the County. Richmond First Tee shall be responsible at its sole
expense, to install and/or otherwise provide any other necessary utility services on the Leased
Property for the Facility, including, without limitation, water, sewer, electric, gas, telephone and
cable, and all related connection fees for such services.
0607:22317.1
(5/28/98)
-5-
8. Insurance. r~cr- ~;v, oy
Richmond First Tee shall carry reasonable and appropriate property and liability insurance for
the Facility, in such amounts and from such insurance providers as may be reasonably agreed between
the parties, and approved by the County's Risk Manager, the approval of which shall not be
unreasonably withheld. Such insurance shall name the County as an additional insured.
9. Indemnification.
Richmond First Tee shall indemnify and hold the County harmless from and against any claims
or damages whatsoever, including injury to person or property arising from Richmond First Tee's use
of the Leased Property, unless such claims arise as a result of the County's (or any agents or
employees of the County) willful or negligent acts or omissions.
10. Operations and Management of the Facilities and Leased Property..
Richmond First Tee agrees that the Leased Property and the Facility will be operated,
managed and utilized as follows:
a. Richmond First Tee shall guarantee that the Facility shall :r-tre-Faeitity-w~ be open to
the general public on a schedule approved by the County with business hours and tee times dedicated
for children in accordance with the goals and standards of The First Tee program. Richmond First
Tee shall provide the County with details of programs targeted for children and provide the County
with annual reports which reflect its financial strength and the level of success the program reached
in meeting its targeted goals.
b. A published fee schedule (including, without limitation, green fees, event fees and
similar charges) shall be established by Richmond First Tee, with the consultation of the County, and
0607:22317.1 -6-
(5/28/98)
with the intent of being the lowest youth fees available in the local market for comparable facilities.
Children 15 years old and younger and adults 65 years or older residing in Chesterfield County will
receive discounted rates off of the published fee schedule.
c. Richmond First Tee's operation of the Facility shall be on a "not-for-profit" basis and
its books and records shall be kept in accordance with generally accepted accounting practices for
non-profit corporations. Richmond First Tee shall be allowed to establish reasonable capital and
operational reserves consistent with the operation of a "first-class" golf course facility. To the extent
there are any revenues in excess of operating and prograha exp~nses derived from the Facility,:.
must be use.dffor ¢apital improv~)m.ents tq the Facility or for reducing.the fees charged to the public.
Any revenues generated from fundraising, sponsorships and other'sources other than Facility usage
fees may be designated for use by Richmond First Tee for such other nonprofit Purposes as Richmond
First Tee deems appropriate and consistent witbits corporate purpose. ~u~,, ~ [,,~ u,w,u~,,~,~[ u~
shall be sought and conducted under, and subject to, The First Tee's national program guidelines.
d. The Facility will be made available to the County two (2) times per year for County
sponsored events, at n~ ~cosL At such events, the County shall be responsible for any costs
associated with use of the concession stand and golf cars, merchandise sales and any other special
Scheduling such events shall be coordinated between the County and ~chmond First Tee no later
0607:22317.1 -7-
(5/28/98)
than ninety (90) days prior to any scheduled event. County sponsored events shall not interfere with
any of The First Tee or Facility sponsored events and shall not require more than one (1) operational
day of the Facility's schedule. Additionally, such events shall not include or promote any events or
facilities in competition with the Facility, The First Tee program, or The First Tee or Facility
sponsored events.
e. The Facility golf course, practice green and driving range shall be made reasonably
available free of charge for County Parks & Recreation instructional programs and to Chesterfield
County public schools for physical education classes and school tournaments during non-peak hours,
subject to Facility capacity restrictions and on a schedule to be agreed upon between the County and
Richmond First Tee.
f. Richmond First Tee shall allow the County to participate in the oversight of operations
of the Facility within the governance of the Richmond First Tee organization by placing the a
Chesterfield County Administrator or his designee and a citizen representative selected by the Board
of Supervisors to-serve on its the Board of Directors for three year terms. The County
Administrator's appointment shall take place as soon as possible after the effective date of the lease.
The citizen appointment by the Board shall occur upon the first expiration of the current terms of the
Richmond First Tee Board of Directors which shall occur in February., 1999.
0607:22317.1 -8-
(5/28/9g)
g. The Facility and the Leased Property shall be subject to the rules and regulations of
County parks except as otherwise provided in the Lease. Richmond First Tee shall not allow alcohol
to be consumed or served at the Facility. Richmond First Tee shall operate the Facility so as not to
interfere with other Park operations.
h. Richmond First Tee shall operate the Facility in compliance with all applicable federal,
state, and local laws and regulations, including conditions of zoning and applicable civil fights and
accessibility legislation.
i. Richmond First Tee acknowledges that no public transportation is available to the
property and may never be made available to the property. Richmond First Tee shall bear the sole
cost of providing transportation to the Facility if necessary in order to serve the targeted group of
children.
j. Lessee shall operate the Facility in compliance with the applicable provisions of the
Land and Water Conservation Fund Act of 1965, 16 U.S.C. 4601, et seq. including operating and
advertising the Facility as a public outdoor recreation facility.
11. Start-Up Bond.
For the first three years of the Lease, Richmond First Tee will provide a $100,000
performance bond or other surety, acceptable to the County guaranteeing faithful performance of its
obligations under this Lease Agreement. In the event of default, or failure to cure any deficiency
under this Lease Agreement, County shall have the right to withdraw for the County's benefit such
surety.
0607:22317.1 -9-
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12. County_ 's Right to Inspect.
Upon reasonable notice and during normal weekday working hours, the County shall have the
right to inspect the Facility, and to inspect or audit ,the records of the Facility, for the purpose of
determining compliance with the Lease terms and conditions.
13. Default by Richmond First Tee.
a. In the event that Richmond First Tee fails to maintain or operate the Facility in
accordance with the terms and conditions of the Lease or The First Tee Agreement, the County will
give Richmond First Tee notice and ninety (90) days from the date of receipt of such notice to cure
the default, or ifa cure can not be made within 90 days, to initiate a cure within 90 days and diligently
pursue a cure thereafter, failing which the County will have the right to terminate the Lease and/or
enter the Leased Property and to operate and maintain the Facility, and Richmond First Tee shall
reimburse the County for all such expenses reasonably incurred by the County. Notwithstanding
anything in the Lease to the contrary, in the event that the County assumes operation and maintenance
of the Facility for continued use as a program sponsored by The First Tee, it shall be subject to the
prior approval of The First Tee and, to the extent legally permissible, to the terms, conditions and
provisions of The First Tee Agreement.
b. Notwithstanding the foregoing, a default by Richmond First Tee under the terms of
The First Tee Agreement shall not be deemed a default under the terms of the Lease if such default
is not also a default of an expressed term of the Lease, as opposed to one incorporated by reference
and such default is cured to the satisfaction of The First Tee within ninety (90) days. If Richmond
First Tee disputes the event of default under The First Tee Agreement, it shall notify the County and
0607:22317.1 - 10-
(5/28/98)
The First Tee, and the County shall take no further action, and the ninety (90) day cure period, if
applicable, shall not begin, until the dispute is resolved by the parties thereto. A termination of The
First Tee Agreement, with or without cause, shall not be a default under the Lease if Richmond First
Tee desires to continue the Lease, is and has been in compliance with the remaining terms of the
Lease, affirms its intent to operate the Facility in a manner that is consistent with its purposes, goals
and past practices, and provides the County with assurances to the County's reasonable satisfaction
that the termination of the First Tee Agreement does not materially affect Richmond First Tee's ability
to continue successful operation of the Facility.
14. End of Term Reversion of Leased Property.
The Leased Property and any other improvements thereon will revert to and become the
property of the County upon the expiration or termination of the Lease. Richmond First Tee shall
be responsible for the removal of its personal property at such time, provided that Richmond First Tee
shall be responsible for the cost of repair of any damage caused during such removal.
15. Use of "The First Tee" Name By Authorization Only.
Notwithstanding anything to the contrary herein, in the event Richmond First Tee fails to
conform to the standards required of the Facilities in The First Tee Agreement or other agreements
between The First Tee and Richmond First Tee, or in the event the County or some other entity takes
possession or ownership of the Facility or Lease interest of Richmond First Tee, the Facility shall not
be entitled to, and shall not, utilize the name of "The First Tee" or a derivative thereof in marketing
or identifying the Facilities without obtaining the express prior written consent of The First Tee.
0607:22317.1
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-11-
16. No Sublease, Assignment or Subcontract of the Leased Property.
The rights and obligations under this Lease are personal, and Richmond First Tee shall not
sublease, assign or subcontract the Lease, the Leased Property, the Facility, or its rights under the
Lease without the prior written consent of the County.
17. No Leasehold Mortgages.
Richmond First Tee shall not rnortgage the Leased Property or it___~s fl~¢ leasehold interest
18. Notices.
Any notices to be provided to a party under this Lease shall be given in writing by first class
mail directed to:
with a copy to:
0607:22317.1
(5/28/98)
County:
Lane B. Ramsey
County Administrator
P. O. Box 40
Chesterfield, Virginia 23832
County Attorney
P. O. Box 40
Chesterfield, Virginia 23832
Richmond First Tee:
Tim Merry
Executive Director
Richmond First Tee
6620 West Broad Street, Suite 300
-12-
Richmond, Virginia 23230-1720
The First Tee:
19. Governing Law.
This Lease shall be governed by the laws of the Commonwealth of Virginia, and any action
brought to enforce its provisions shall be brought in the Circuit Court of Chesterfield County.
20. Severance.
If any provision of this Lease is deemed unenforceable by the Circuit Court of
Chesterfield County or any other court with jurisdiction to hearing matters raised by this Lease, the
remainder of the Lease terms shall not be affected thereby.
CHESTERFIELD COUNTY
RICHMOND FIRST TEE
By: By:.
Chairman
Board of Supervisors
Fred T. Tattersall
President
0607:22317.1
(5/28/98)
-13-
THE FIRST TEE, a subsidiary of
WORLD GOLF FOUNDATION, INC.
By:
Tod Leiweke
Executive Director
0607:22317.1
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-14-
WMC~D ~"~7-1998 17:03 PAGE ~ WMC~D
05/27/98 WED 14;55 FAX 804 285 7219
M,q';- '-:z, wE£' Z;J0 PM HgLLAND ~ K~I~HT
Ta~ersall Advlsor[ Grou
~AXXO. ~1C~51872
DRAFT
Mey 27, 1998
Fred T. Tatter-~alt
President
Richmond First
6620 West Hroa~i Street, Suite 300
Richmond, VA, 23230-1720
Dear Mr. T~tterlatl:
The following latter of intent o~ttlinea the basic terms and corditions for an agrem-ncnt eoncetrfiag the
development of The First Tee facility at Ironbridge Park in Chcstergetd County, Virginia (thc "Coanty")
between The First Tee, a component of'World Golf Fuundation, Inc. ("Thc First Tee") and The Richmond First
Tcc Foundation, a not-for-profit corporation ("Richmond Fixst Tee").
STATEMENT OF COMMON PURPOSE AND PROPOSED PROJECT'-
Common Purpose of The First Tec and Richmond First Tee: to create a new facility ~,d prosratn to
make golf mom accessible to people of ail diversitim and social strata, paxticularly children $aad young
people who otherwise may not have an opportunity to learn and play the game.
Proposed Project: constnlctJon and development by Richmond First Tee of an 18 hole golf course and
facility, including driving range, ~mall tot facility, abort game area. clubhouse/teaching facility, with a pro
~op and concession and related facilities, located on ~pmximalely 1~0 acma of property wigan Imnbridgc
Park ("Facility Location"), as a dmignated The First Tee facility (th~ "Facility"),
PRIMARY BENEFITS OF THE FIRST T~.E TO RICHMOND lrlItST TEE:
· The First Tee License: Richmond First Tee shall be granted a non-cxchsivg license to use The First Tee
name, tn~dematk add logo, and shall be designated part of The First Tee national program.
Membership in The First Tc~ National Association: Righmond First Tee shall b~ome a member of The
First Tee National Association, which shall m~t on a period/c basis, allowing and muhancing the ~xehange
ofinformalion and ideas between, and tM development ofnetworking opportamltles among, all of The First
Tee local chapters.
Equipment: The First Tee shall actively pursue making available to Richmond F/rst Tee donated
equipmenl or substantial discounts on cquipmont th_rough national supply contracts with construmion
vendors, operational equipment wncbrs and golf equipment manuhcturers.
Design Oversight: The First Tee shall c~ordinate the p~tieipation of leading golf course ~rehiteets ~d
org~izations ~r golf coupe desi~ plying ov~sight ~d a~ist~ce, tMough 'alli~c~s with ~sociafions
Golf Course Financial Model: The First Tee ha~ access to ~o PGA's golf course financial model, a
computer progrm-n that identifi~ all costs of constructing and rnaint~dning a golf course and faoility
(including calculating con*tmctinn and operational costs, r~venu~s and golf fee rares) anywhere in
United States. P, iehrnond First Te~ and The First Tee will utiliz~ the golfcour$¢ financial model to
determit~e the viability of the plans for thc Facility.
MAY-27-1998 17:10 ~MC&D P.02
WMC&D '"27-1998 17:03 PAGE ~ WMC~D
05/Z7/98 ~ 14;~5 FAX 804 285 7Z19 Ta~Zers~ll Advlsory Grou
DRafT.
05[27/9f1
Programming for Sponsorship; Thg First Tee envisions sponsoring four (4) evems or programs per ye. ar
(on a quarterly basis) to highlight Thc First Tee program, generate additional interest lo~ally and nationally,
and to act as programming for local sponsorship positions; Richmond First Tee shall cooperate with The
Fit~t Ten in c, onnootion therewith.
Fund R~ource Development Assistance: The First Too will ~Ulaport Richmond First Tee in its fundraising
efforts from both ~he pub]i~ and larivatc sectors.
Facility Marketing nad Public R~lationshil~: Thc First Tee will provide Facility marketing and public
relations support to Richmnnd First Tee, which may Include., among other things, supporting local event%
such as thndrais~rs and ki~k~off fimctions, providing projgt m~ntors and spokesp~apl~, such ~ player~
from ~he PGA Tour and/or LPOA, producing Public Service Announcements for the Facility with nationally
r~cognized golf figures, and engaging thc national media to orr:ate aw~ne~ of The Fi~t Tcg program,
, Advisory and Consultln8 A~-~iataaee: The First Tee will provide general advisory and consulting
assistance to Richmond First Ten in dov¢loping tho Facility and program.
BASIC TERMS, CONDITIONS AND REQUIREME1WT$ FOR TIlE FACILITY .AND RICtIMOND
FIRST TEE PRO/glEAM:
· Not Par Profit g/alas' Richmond First Tee is or will bccomc, and shall maintain status as, a $01 (¢) (a) not-
£or-pmfit corporation.
· Land: Richmond First T~ leases or will Icas~ the Facility Location for a term of 30 y~ars, with renewal
options total/nh at least another 30 y~a's.
Capital Pundlng Capacity: Richmond First Tee has or will obtain the initial fmaggial r~smm:es nnd
expertise necessary to secure thc land and to d~ign and construct the Facility in a manner eons/stent with
the standards of The First T~,
Operating Resource: Rich. mend First Tee ha~, or him identified thc necessary gxpertisc to ope. rag thc
Facility m Th~ First Tce standa~la md has also identified the funding sour~a necessary to operate, sustain
and maintain the Facility to such standards for not less than 15 years.
Extraordinary Golf Access for Children: Richmond First T~ shall provide extraordinary access to golf
for children and young people, including on-site in~Ruction, d~dicated tee t/mos, dedicated access to thc
driving range./~hort gorse a~ca, a commitment to develop off-site tea~.hing programs, ace.s to other ar~a
golf facilities and radue~ rates for The First Tee graduates.
· Accessibility; R.iglunond First Ten shall ~msliro acor.$sibility to thc Facility to meet The First Tee stand~rds,
preferably via public ~'ansportation, p~l~trian or bicycle ace.s.
· Adoption of National Cu rrlculum: Rialxmond First T~ shall adopt The First Tee national program
Cur~cu] om.
MAY-27-1998 17:11 WMC&D 93Z P.05
WED 14;35 FAX 804 285
17:03
PA~E ) WMC~D
DRAFT
Ta~ersall Advlsor~ Groa ~
FAX ~0, 904~91872 P, 4
Disabled Plsu~ing: Richmond First Tee shall give special atlenlion to disabled planning for the Facility and
programs.
Safety, and Seeurlty: the Richmond First Tee shall create anti implement effective and innovative sooarity
and safety progrms, recognizing the young age and novice nature ofllle participants and the corresponding
need for hzightnn~l aafoty awareness and moasur~s.
Environmental and Conservation Planning: Richmond First Tcc ~mzll implcmeat conscientious
onviranmontal and conservation planning and comply with ali laws, regulations, and policies of Thc First
Tee relating thereto, including, without limitation, any stands-ds create, d tiros time to time as a ~esult of The
First Toe's affiliation with organizations such as th~ Aadubon Society or similar conservation groups.
Comprehensive Inmurance/Risk Management: Richmond First Tcc shall obtain and m~intaio appropriato
insurance coverage from quality carrier~, satisfactory to The First Tee, wflh The First Tee designated as an
addHionai payee.
Diverse Board: Richmond First T~ shall install a diverse and effective Board of Directors, oplimally
consisting of 11 members, but not less r. hari 7 members, ofwhich 2 members shall be aEpo/nted by
First Te~. In thc event thexc are mom than I 1 Board member~, Richmond Firs~ Tee shall fon'n an Executive
Committee of the Board, subject to any ~ppl/cable state laws, roles or regulations. It is c~ntomplated that
The Firs~ Toe's appointees may hl¢[l~d~ local individuals knowl~tgeable in golf educalion ~ programs,
local or state gov~mngnt officials, and/or members or represem~five~ ~fthe PGA to ~ct as an intvr£ace
belween Richmond Fir-~t T~e and The First Tee and monitor compliance w/th the contr~emsl agreements,
~ational curriculum and execution nf tea~hinl~ proirmns.
National Supply Contract/Commercial Sponsorships: The First Tee intends to pursue and aecaro
exclus~w national supply coati&ets to b~nccfit The First Tec ptolp'am, with ~tmstmotion supplie~,
op,~rfltional equipment suppliers, golf e4uipmeflt manufacturers and similar companies, which will b0
designated The First Toe's official suppliers nationwide r~lating to such equipment and supplies. Richmond
First Tee may enl~ into arrangements wiLh local or olher equipmea~t suppliers, provided that such suppliers
shall receive only on-site recognition and promotions at the Facility. Commercial sponsorships will be
p,,rmitied with the prior written approval of The FL~t Tee, which in no event thall/nclude tobac.~o, alcohol
or othg --ponsor~ deemed inappropriate by The Fh'st Tcc.
The First Tee Oversight: The First Toe's ~t~sentafive~ ab. all have the fight to visit and be given
reasonable access to the Facility and Rictunond l~st T~e'~ offices, books and records, both during
development and subsequent op~ration, to supervise mid confirm th~l the constriction and operation of the
Facility are consistent with The First Toe's requirements and standards.
Approval by Th~ Flrsl Tee: The First Tee shall h~ve the r/slit to review and approve in advanc.~
Richmond First Toe's budgets and capital funding, Section 50I (e) (3) c. orporat~ status, L/tlc o~ icasu (free
and cleat ofall lions and enoumbrances), insurance policies, and Riohmond First Toe's plans, and its
implementation of such plans, for operation, maintenance, curriculum and children's access, marketing,
promotion, commercial spo~orships, fundraising, safcty, security, personnel staffing, backiround checks or
screening of proposed staff and voluntccr~, a~ess, signagc, equipment quality, and use of The First Toe's
name, marks and loges. Ricllmond First Tee shall immediately advise Thc First Tee of any notig=s, claims,
llt~gaticm, threatened litigation or ether matters relating or affecting lh~ Facility or The l~irat lee program,
and of any changes to any mater/als or pI~s rovicw~xi ar approved by The First Tee. Any use by Richmond
MAY-27-1998 17:11 WMC&D 93X P.04
WMC~D
~"~77-1998 17:03 PAGE ~5
05/Z7/~8 ~ 14;~§ FAX 804 ZS~ 7219
'~AV-_"-::.WED 2::4 PM HOLLAND ~ KMIGHT
Tmgter~all Advisory Grou
WMC~D
DRAFt.
?. 5
First Tee of The First Tee'n name, mm-ks or logo sh~l] require thc prior written approval of The ~First Tee,
and Richmond Fi/~t T¢~: shall strictly comply wi~h all of The First Tce's trademark ami logo males
follow The First Tee's instrue~ions with respect to proper trademark :,nd logo
This L¢~tcr of Intent is intended to re, fleet the recent discue~iom between the pm-tie~ and thc bade terms
and condition~ nece~ to finalize a proposed Ficilitie~ Agreement a~d Advertising and Promotional
Agreement (the "Agreements") for c~tablishing The Fi~t Tee facility at Ironb~dge Pm'k in Ch=~tcrfield County,
VAriAnts. Thi~ Letter ofIn~emt i~ not intend~ to be compr,hen~ive, or binding on the p~rtie~ h~¢to, nor do~ it
create any l~gal or equitable right~ to ~ny extent whatsoever, but i~ intended to s~,-rvc as th~ basis for thc
subsequent Agreements to bc negotiated and executed between the parties, The pm'ties agr~ to move thrwm~d
i~ ~n expedRcd manner to finaliz~ thc ~ve referenced items, and upon satisfactory conclusion ofdis~ussion~,
to enter into final, binding Agreeman~ within th/try (30) days fr~m th~ cxccuQon date of this letter. In the
ownt the p~tic, have not ~x~ut~ binding A~c~rnent~ by ~uch d~e. any extensions to this Lette~ of Intent will
requi~e £he mutual consent of~e pm. fic~ h~reto.
W~ look forward to working with you to create The First Te~ Facility and pWgrem in Che~tcrlteld
County, Virginia, ~ttd to furthefi~ the l~oals of making lolgmore accessible to young people and instillin$
positive values in their [ive~. Ifth¢ g~n=ral terms i~t forth abow aro agr~ab]c m you, please indieate by
signing below. Thank y~u very mur~ for your assistance in thi-~ metier. If you h~ve any questions, please do
not hesitate to contact me.
Very truly
WORLD GOLF FOUNDATION, INC.
By:
Thc First Tcc
R/CHMOlqD FIRST T~
Fred T, Tstters~ll
Pr~idcnt
MAY-27-i998 17:12 WMC&D 93~ P.05
P. O. Box 85333
An Affiliate of Media General Richmond, Virginia 23293-000
(804) 649-6000
Advertising Affidavit
(This is not a bill, please pay from invoice)
CHESTERFIELD CO.BO.SUPV
ATTN FAITH DAVIS
BOARDOF SUPERVISORS
PO BOX 40
CHESTERFIELD VA
23832
220806
05/13/98
05/13/98 121
TAKE
NOTICE TAKE NOTICE THAT THE BOARD O
1 X
117.26
Richmond Newspapers, Inc.
Publisher of
THE RICHMOND TIMES-DiSPATCH
This is to certify that the attached MEETINGS - COMING EVENTS
was published by Richmond Newspapers, Inc., }n the City
of Richmond, State of Virginia, on the following dates:
05/13/98
The first insertion being given
Sworn to and subscribed before
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City of Richmond
My Commission expires 03/31/01
05/13/98
THIS
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