Title
Resolution Authorizing the Execution of a First Amendment to Lease Agreement Between the City of Hampton and Swingers Golf Club, LLC to Use Approximately 14 Acres of Real Property Located at 100 Seldendale Drive
Purpose
PURPOSE/BACKGROUND:
The City entered into a Lease Agreement with Swingers Golf Club, LLC (the “Club”) on January 16, 2024 for use of a portion of the Property as a golf driving range and for related purposes such as rental of golf equipment, sale of golf equipment, and golf lessons (the “Lease Agreement”).
Recently, the Club requested City approval, as landlord, to expand its operation to include the installation of a golf practice facility within the Leased Premises. As part of these discussions, the Club and City staff identified the need for repairs to the existing parking lot on the Property that is used by the Club’s customers but is not part of the Lease Agreement. The purpose of the First Amendment to the Lease Agreement is to expand the area of the Leased Premises and to include language regarding the use and maintenance of the parking lot. Generally, the Club will be responsible for routine maintenance of the parking lot - such as trash, debris, and vegetation removal. The City will be responsible for any necessary major improvement or repairs, as determined at the sole discretion of the City, and to maintain lighting and signage within the parking lot. There is no increase in rent.
A public hearing is required because additional City property is being included within the Leased Area associated with the Lease Agreement. This matter was properly advertised in accordance with Virginia Code §§ 15.2-1800 and 15.2-2100.
Parks, Recreation and Leisure Services staff recommends approval of the First Amendment and City staff recommends approval of the Resolution.
Discussion:
See background statement.
Impact:
See background statement.
Recommendation:
Rec
Conduct a public hearing and approve the Resolution
Body
WHEREAS, the City is the owner of real property located at 100 Seldendale Drive, (the "Property");
WHEREAS, the City entered into a Lease Agreement with Swingers Golf Club, LLC (the “Club”) on January 16, 2024 for use of a portion of the Property as a golf driving range and for related purposes such as rent of golf equipment, sale of golf equipment, and golf lessons (the “Lease Agreement”);
WHEREAS, the City and the Club desire to modify the Lease Agreement to expand the leased premises to include the parking lot and to add language regarding use and maintenance of the parking lot;
WHEREAS, the Director of Parks Recreation and Leisure Services has determined that it is in the best interest of the City and the community to allow the Club to lease a portion of the Property; and
WHEREAS, the Council has determined that the terms and conditions of the proposed lease agreement are acceptable.
NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That it approves the First Amendment to the Lease Agreement, and any revision thereto as approved by the City Attorney; and
2. That the City Manager or her Authorized Designee is authorized to execute and deliver to Swingers Golf Club, LLC a First Amendment to Lease Agreement in substantially the same form as attached hereto, subject to approval by the City Attorney.