BLYTHE CITY COUNCIL FIRST GRIT SUN Blythe -V - TS SCCTImE SPECIAL MEETING AGENDA May 8, 2025 2:30 P.M. Joseph DeConinck, Mayor Johnny Z. Rodriguez, Vice Mayor Joseph Halby, III, Council Member Sam Burton, Council Member Summer Spraggins, Council Member Mallory Crecelius, Interim City Manager/City Clerk Brittany Roberto, City Attorney MEETINGS ARE HELD IN THE CITY COUNCIL CHAMBER, 235 NORTH BROADWAY, BLYTHE, CA BLYTHE CITY COUNCIL SPECIAL MEETING Blythe Special Meeting Notice and Agenda Thursday, May 8, 2025 2:30pm Council Chambers at City Hall 235 N. Broadway Blythe, CA 92225 Joseph DeConinck, Mayor Johnny Z. Rodriguez, Vice Mayor Joseph Halby, III, Council Member Summer Spraggins, Council Member Samuel Burton, Council Member Mallory Crecelius, Interim City Manager/City Clerk Brittany Roberto, City Attorney Christa Elms, City Treasurer/Finance Director Jason Brown, Chief Building Official Garth Dale, Police Chief Mirasol Elegores, Public Works Director Ronnie Hasler, Fire Chief CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE SPECIAL MEETING ITEMS: 1. Posting of the Agenda. The summary of agenda items were posted on the bulletin boards on the outside of the public entrance to the Council Chamber and near the inside entrance of the Council Chamber and on the City's website on Wednesday, May 7, 2025. 2. Second Amendment to Lease Agreement between City and BNB Golf Management, Inc. Recommendation: Authorize the Mayor to execute the Second Amendment to the Lease Agreement between the City of Blythe and BNB Golf Management, Inc. Public comments will be allowed on the Special Meeting items during consideration of the item(s) described. Comments shall be limited to 3 minutes in duration. ADJOURNMENT The next meeting will be held on May 13, 2025 at 6:00 p.m. in the Council Chamber, 235 N. Broadway, Blythe, California. NOTE TO THE PUBLIC: In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact 504/ADA Coordinator Mallory Crecelius at (760) 922-6161 EXT. 1237 or by email at msutterleld@ciyotblylne.ca.gov. Notification 72 business hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.104 ADA Title II). Any writings or documents provided to a majority oft the City Council regarding anyi item on this agenda will be made available for public inspection in the City Clerk's Office at City Hall, 235 N. Broadway, Blythe, California during normal business hours. In addition, such writings and documents will be posted on the City's website: www.clyotbytne.cagov. CITY OF BLYTHE Blythe CITY COUNCIL MEETING STAFF REPORT TSH MEETING DATE: May 8, 2025 SUBJECT: Second Amendment to Lease Agreement between City of Blythe and BNB Golf/Management, Inc. PRESENTED BY: Mallory Crecelius, Interim City Manager PREPARED BY: Mallory Crecelius, Interim City Manager RECOMMENDATION: Staff recommends Council authorize the Mayor to execute the Second Amendment to the Lease Agreement between the City of Blythe and BNB Golf Management, Inc. FISCAL MPACT: $960,000 over the term ofthe. Agreement which includes annual payments to BNB Golf Management of $60,000 in each of the five years of the agreement, and reimbursement for equipment purchased for golfoursemaintemamncei in an amount not exceeding $660,000. BACKGROUND: The current Blythe Municipal GolfCourse ("GolfCourse")s opened in 1968. At that time, the City maintained the course and collected green fees. The pro shop and cart rentals were operated by a golf pro until 2010. By 2010, the Golf Course had operated in a deficit position for several years. The deficit had grown to $1,155,402, which was later repaid by the City's General Fund during FY 2021/22. This wasi in addition to an RDA loan made to the City's GolfCourse Fund, which was repaid by the City's General Fund in FY 2020/21. In 2009/10, the City began making severe budget cuts to balance the budget and begin to dig the City out of a $3.4 million General Fund deficit. In April 2010, City staff sought direction from Council to either negotiate a new contract with GolfPro Willie Getchell, continue on a month- to-month lease with Mr. Getchell or issue a Request For Proposals (RFP) to identify private management companies to operate the course. Council unanimously voted to: issue a Request for Proposals. A GolfCommittee was formed to develop the RFP, interview potential operators, and negotiate a contract for Council consideration. The Golf Committee was comprised of then Council Members Galvan and Patel, City staff, developers ofMesa Bluffs and avid golfers from both the City and Canada. Assistance was also provided by Glenn Miller, a GolfManagement Professional and then Indio City Councilman. The RFP solicited both management and lease options. The City received eight proposals from management companies and one proposal from a company seeking a lease. The Committee interviewed four management companies as well as the company seeking a lease. City Management concluded the best recommendation to make to the Council was entering into a lease arrangement with BNB GolfManagement for a lease. It was determined hiring a management company would require the golf course to operate further in the red. On August 3, 2010, the City and BNB Golf Management, Inc. ("BNB") entered into a Lease Agreement fori the operation and maintenance ofthe GolfCourse. Major deal points included no financial uncertainties for the City, professional management ofthe course for both maintenance and operations, a vastly improved irrigation system at BNB's expense, revenue sharing once gross revenue reached $1 million in a given year, utilities paid by BNB, BNB using a Point-of- Sale system for financial management and increased Sales, TOT and Property Tax from the successful operation ofthe Golf Course. The initial term ofthe Agreement was eight (8) years, commencing September 1, 2010 and ending August 31, 2018. In 2011, the Agreement was amended to extend the term of the lease from eight (8) to fifteen (15) years, through August 31, 2025, and increase rates charged to Golf Course customers. At the time, BNB made improvements to the irrigation control system at their expense. A lease extension and rate increases were requested and approved to enable them to recover the costs of the improvements. STAFF REPORT: In September 2024, BNB gave notice of its intent to terminate the Golf Course Lease effective June 1, 2025. The reason cited for the termination was the financial burden ofoperating the Golf Course over the past fourteen years. After further conversations with the operators ofBNB, there was a desire to continue operation ofthe course with some assistance and assurances from the City. Major concerns cited by BNB included the course'sirrigation system and increasing electricity costs, minimum wage: increases and decline in play after the prison closure was announced. Pursuant to direction from the City Council, staff entered negotiations with BNB for a five-year extension to the Lease Agreement. Negotiated terms include a five-year extension, through August 31, 2030 and the City purchasing equipment necessary for the operation and maintenance ofthe Golf Course. The current equipment used by BNB to maintain the course is six years old and past its useful life. A list of needed equipment was provided to the City by BNB. The list was extensively reviewed by staff fort thel best price, either through private purchase or1 the State Bid list or similar purchasing mechanism. BNB will purchase the equipment, and the City will reimburse BNB for that expense after proof of purchase is provided the City. At the end ofthe Agreement, the equipment purchased will become property ofthe City, with the intent that the equipment be used at the Blythe Golf Course until it meets its useful life. The proposed amendment provides that the City will pay BNB a monthly management fee of $5,000, which will bej paid as an annual lump sum payment of$60,000, for operating the course. BNB will be required to submit financial statements including profit and loss, balance sheet, cash flow and budget variance report each year within 30 days of the end of the City's fiscal year. The management fee may be increased or decreased by the City Council each year based on the financial statements provided. The proposed amendment also provides BNB with more flexibility to raise rates and set hours of operation. The City has also agreed to provide cold patch material to BNB for use: in the parking lot/cart parking area of the course. Although not outlined in the proposed amendment, the City will also work with. BNB on necessary irrigation improvements and seeking options for solar installation to reduce electricity bills to help with the long-term operation and viability ofthe Golf Course. For the continued operation and maintenance ofthe Blythe GolfCourse, staff recommends the City Council authorize the Mayor to execute the Second Amendment to the Lease Agreement between the City of Blythe and BNB Golf! Management, Inc. ATTACHMENTS: 1. Second Amendment to Lease Agreement SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Second Amendment" or Amendment") is entered into as of May 9, 2025 ("Effective Date")by and between the CITY OF BLYTHE, a California municipal corporation ("City"), and BNB GOLF MANAGEMENT, INC., a California corporation ("Lessee"). City and Lessee are individually referred to herein as "Party" and collectively as the "Parties." 1 RECITALS A. City is the owner of the Blythe Municipal Golf Course, a public course located at 3480 Quail Run Road, Blythe, California, consisting of an 18-hole golf course, driving range, retail pro shop, snack bar and bar, banquet facilities, cart barn, and maintenance shop (collectively referred to herein as the "Golf Course"). B. On or about August 3, 2010, City and Lessee entered into a Lease Agreement ("Agreement"), whereby City leased the Golf Course to Lessee for its management and operation. C. The Agreement initially provided for a term of eight (8) years, commencing September 1, 2010 and ending August 31, 2018. D. On or about October 1, 2010, City and Lessee entered into the First Amendment to the Agreement, providing for, among other things, an extension of the term through August 31, 2025 and increases to the fees charged to Golf Course customers. E. The Agreement, together with the First Amendment to the Agreement, is collectively referred to herein as the "Agreement." F. Pursuant to Section 8.18 of the Agreement, Lessee is permitted to use the City- owned equipment identified in Exhibit "E" to the Agreement, which equipment includes, but is not limited to, certain golf course maintenance equipment. G. The golf course maintenance equipment identified in Exhibit "E" is obsolete and no longer used by Lessee. Lessee previously purchased replacement golf course maintenance equipment at Lessee's expense; however, such maintenance equipment is beyond its useful life. H. In September 2024, Lessee provided notice of its intent to terminate the Agreement, effective June 1, 2025. I. Following receipt of such notice, City and Lessee negotiated the terms of a five- year extension to the term of the Agreement in order to ensure continuous operations of the Golf Course while the City explores its options for the future operations of the Golf Course. J. City and Lessee desire to amend the Agreement as set forth herein to memorialize the terms of such extension and to further amend the Agreement to make certain clarifying changes. K. The City Council authorized the execution of this Amendment at a special meeting held on May 8, 2025. 1 Second Amendment to Lease Agreement BNB Golf Management, Inc. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Section 2.01 of the Agreement is deleted in its entirety and replaced as follows: 2.01 The term of this Agreement shall be for a period of twenty (20) years, commencing on September 1, 2010 and expiring on August 31, 2030. 2. Section 3.02 of the Agreement is deleted in its entirety and replaced as follows: 3.02 Food and Beverage Services LESSEE is hereby authorized and required to sell food and beverages, including beer and wine, at the Golf Course, within the snack bar for at least the period of November 1 through April 30 of each fiscal year. LESSEE shall employ food service personnel in numbers sufficient to satisfy customer demands for food service at the snack bar. 3. Section 3.03(B) of the Agreement is deleted in its entirety and replaced as follows: B. Days and Hours of Operation From October 1 through April 30 of each year, LESSEE shall keep the starter's office open daily, including Sundays and holidays except for Christmas Day, from sunrise to sunset. For the period of May 1 through September 30 of each year, unless otherwise approved by the City Manager, LESSEE agrees to the following minimum hours of operation: Mondays: Closed Tuesdays: 10 a.m. - 8 p.m. Wednesdays: 10 a.m. - - 8 p.m. Thursdays: 10 a.m. = 8 p.m. Fridays: 7 a.m. - 8 p.m. Saturdays: 7 a.m. - 8 p.m. Sundays: 7 a.m. - 8 p.m. Notwithstanding the foregoing, CITY and LESSEE agree that if a holiday falls on a Monday, the hours of operation will be 7 a.m. - 8 p.m. LESSEE shall not reduce the days and/or hours of operation without the City Manager's prior written approval. 2 Second. Amendment to Lease Agreement BNB Golf Management, Inc. 4. Section 3.05(A) of the Agreement is deleted in its entirety and replaced as follows: A. LESSEE is required to provide ground maintenance services, including, but not limited to, the obligation to mow, edge, trim, overseed, fertilize, aerate, irrigate, sod, change cups, service tees, topdress, raise divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf and shrub areas located on the Lease Premises; as well as provide weed, disease and pest control, tree maintenance, maintenance of irrigation system including mainlines, pumps, boosters and controllers, keep swales in good repair and to provide the necessary maintenance of any appurtenant structures and equipment. 5. Exhibit "B" of the Agreement is deleted in its entirety. 6. Section 4 of the Agreement is deleted in its entirety and replaced as follows: 4. RENT AND MANAGEMENT FEE 4.01 Rent. In consideration of CITY executing this Agreement and granting the rights provided in this Agreement, LESSEE shall pay to CITY two and one-half percent (2.5%) of all Gross Revenue ("Percentage Rent") earned once a threshold of one million dollars $1,000,000.00) has been reached in a fiscal year (July 1 through June 30). Said rent shall be payable annually, no later than July 31 of each year. For purposes of calculating Percentage Rent, "Gross Revenue" shall mean all receipts, including money, or any other thing of value, directly or indirectly produced from or with respect to the Leased Premises, including, but not limited to the aforementioned threshold amount, but shall not include: A. All revenue generated from retail sales at the pro shop. B. All revenue generated from the snack bar. 4.02 Management Fee. In consideration for LESSEE's agreement to continue managing the Golf Course, commencing July 1, 2025, CITY shall pay to LESSEE a management fee of five thousand dollars ($5,000.00) per month ("Management Fee"). Commencing in 2026, CITY's City Council will, on an annual basis, consider whether to increase or decrease the Management Fee. Such determination will be based upon LESSEE's submission of financial reports as required herein. The City Council shall have the sole discretion whether to increase or decrease the Management Fee. CITY will provide written notice to LESSEE of any adjustment to the Management Fee. Any adjustment will take effect on September 1. Unless otherwise agreed to by the Parties, CITY will pay the Management Fee as one lump sum payment on an annual basis. For the period of July 1, 2025 through June 30, 2026, CITY will pay the Management Fee as one lump sum payment on or before July 1, 2025. For the period of July 1, 2026 through August 30, 2026, CITY will pay the Management Fee as one lump sum payment covering such period. Commencing September 1, 2026, and annually thereafter, CITY will pay the Management Fee, as adjusted as set forth herein, as one lump sum payment for the period of September 1 through August 30 of the following year on or before September 15 of each year. 3 Second Amendment to Lease Agreement BNB Golf Management, Inc. 7. Section 5 of the Agreement is hereby retitled as "Accounting Records; Financial Reports" and is amended to add a new Section 5.03 to read as follows: 5.03 Within thirty (30) days after the end of each fiscal year (July 1-June 30), LESSEE shall deliver to the CITY the following financial statements in a form reasonably acceptable to CITY: a profit and loss statement, balance sheet, cash flow statement, and budget variance report showing the results of operation of the Golf Course for such month and for the fiscal year (July 1-June 30), which statement shall include sufficient detail to reflect all Gross Revenues and Golf Course expenses. If requested by the CITY, and at the sole expense of the CITY, these financial statements shall be certified by an independent certified public accountant acceptable to the CITY. 8. Section 8.12 of the Agreement is deleted in its entirety and replaced as follows: 8.12 Days and Hours of Operation From October 1 through April 30 of each year, LESSEE shall keep the Golf Course open daily, including Sundays and holidays except for Christmas Day, from sunrise to sunset. For the period of May 1 through September 30 of each year, LESSEE agrees to the following minimum hours of operation: Mondays: Closed Tuesdays: 10 a.m. - 8 p.m. Wednesdays: 10 a.m. - 8 p.m. Thursdays: 10 a.m. - 8 p.m. Fridays: 7 a.m. - 8 p.m. Saturdays: 7 a.m. - 8 p.m. Sundays: 7 a.m. - 8 p.m. Notwithstanding the foregoing, CITY and LESSEE agree that if a holiday falls on a Monday, the hours of operation will be 7 a.m. = 8 p.m. LESSEE shall not reduce the days and/or hours of operation without the City Manager's prior written approval. LESSEE shall make the current hours of operation available to the public at all times, including on the website for the Golf Course. 9. Section 8.13 of the Agreement is deleted in its entirety and replaced as follows: 8.13 Prices and Price Increases A. LESSEE shall establish a complete list or schedule of prices or fees to be charged to the public for golf-related services at the Leased Premises, including, but not limited to, use of the golf course and driving 4 Second Amendment to Lease. Agreement BNB Golf Management, Inc. range, which shall be subject to the City Manager's prior written approval, which approval shall not be unreasonably withheld. Such list or schedule shall include, at minimum, a breakdown of prices and fees by day of the week, time of day, age group, and place of residence, with discounted prices for CITY residents, and such other information as may be directed by the City Manager. Said prices or fees shall be fair and reasonable based upon the following considerations: that said operation is intended to serve the needs of the public for the services supplied at a fair and reasonable cost; comparability with prices charged for similar services supplied at comparable golf courses in the surrounding area, including other courses in Riverside County; and reasonableness of profit margin in view of the cost of providing same in compliance with the obligations assumed in this Agreement. Prior to establishing a list or schedule of prices or fees, LESSEE shall submit such list or schedule to the City Manager for review and approval. In the event the City Manager notifies LESSEE that the City Manager reasonably believes that the prices or fees proposed are not fair and reasonable, LESSEE shall have the right to confer with the City Manager and justify said proposed prices. Following reasonable conference and consultation thereon, LESSEE shall make price or fee adjustments to the proposed prices or fees as may be directed by the City Manager. LESSEE may appeal the determination of the City Manager to the City Council, whose decision thereon shall be final and conclusive. However, LESSEE shall charge no more than the prices and fees directed or approved by the City Manager pending the appeal and final ruling of the City Council. B. LESSEE may charge such prices and fees as LESSEE, in its business judgment, deems appropriate for other goods and services provided to the public at the Leased Premises, including the retail pro shop and the snack bar, provided that such prices and fees are fair and reasonable based upon the considerations set forth in subsection A. In the event the City Manager notifies LESSEE that the City Manager reasonably believes that the prices or fees are not fair and reasonable, LESSEE shall have the right to confer with the City Manager and justify said prices. Following reasonable conference and consultation thereon, LESSEE shall make price or fee adjustments to the prices or fees as may be directed by the City Manager. LESSEE may appeal the determination of the City Manager to the City Council, whose decision thereon shall be final and conclusive. However, LESSEE shall charge no more than the prices and fees directed by the City Manager pending the appeal and final ruling of the City Council. C. LESSEE shall make complete list(s) or schedules(s) of price or fees to be charged for all goods and/or services supplied to the public on or from the Leased Premises available to the public, including on the website for the Golf Course for golf-related services, at all times and shall not charge any more than the prices or fees set forth on the posted schedule(s) or list(s) of prices or fees. 5 Second Amendment to Lease Agreement BNB Golf Management, Inc. D. Once per year, LESSEE may increase any price or fee it charges for golf-related services if LESSEE determines in its business judgment that such increases are necessary. Any proposed increases shall be subject to the City Manager's prior written approval and the requirements and process set forth in subsection A, including LESSEE's ability to appeal the City Manager's determination to the City Council. The City Manager's approval of proposed increases to prices or fees shall not be unreasonably withheld. Any approved increases to prices or fees shall take effect on September 1 and be effective through August 31 of the following year. E. In connection with any proposed schedule or list of prices or fees for golf-related services, or any increase to the schedule or list of prices or fees, the City Manager may request, and LESSEE shall provide, a survey of prices and fees charged by at least five (5) comparable golf courses in the surrounding area. 10. City agrees to reimburse Lessee for the purchase of the following golf course maintenance equipment for Lessee's use at the Golf Course, provided that: (a) LESSEE purchases each item for a price that is equal to or less than the price the CITY would pay if the CITY purchased the equipment through the State of California's contracts for such items, as determined by the CITY's Finance Director; (b) LESSEE purchases the items within six (6) months from the Effective Date of this Amendment; (c) the total cost of the equipment shall not exceed $660,000.00; and (d) LESSEE provides receipts or supporting documentation for each item, as described below: a. John Deere 2550 PrecisionCut Triplex Mower (Model Year 2025) b. John Deere Quick-Adjust 5 Cutting Units for 2500B, 2500E, 2400, 2550, 2700, and 2750 Triplex Mowers C. John Deere ProGator 2030A (Diesel) d. John Deere HD300 SelectSpray (For ProGators 2020A, 2020 and 2030A, 2030) e. John Deere 2653B PrecisionCut Trim and Surrounds Mower f. John Deere 4066R Open Operator Station Utility Tractor g. Trimax Snake $2 400 Multi Lift System h. John Deere 7700A PrecisionCut Fairway Mower i. Turfco 1550 j- Wiedenmann Terra Core 6 k. Smithco Sand Star II 6 Second Amendment to Lease Agreement BNB Golf Management, Inc. To receive reimbursement for the above-listed items, Lessee shall submit to City an invoice or invoices detailing the total purchase price for each item of equipment, with itemized receipts and supporting documentation for each item of equipment purchased, in a form acceptable to the City. City will reimburse Lessee within thirty (30) days of receipt of an invoice and the acceptable supporting documentation. 11. Exhibit "E" of the Agreement is deleted in its entirety and replaced with the Exhibit E set forth in Attachment 1 to this Amendment. 12. Section 8.18 of the Agreement is deleted in its entirety and replaced as follows: 8.18 Equipment A. Use of City Equipment. LESSEE may use the CITY-owned equipment set forth in, and in accordance with, Exhibit "E," attached hereto and incorporated herein, in the day-to-day operation of the Golf Course. LESSEE shall maintain such equipment in good order and repair, and shall be responsible for any damage or other injury arising out of LESSEE's use, operation, or maintenance of the equipment. B. Inspection of Equipment. CITY may, at any time upon reasonable notice to LESSEE, inspect the CITY equipment to ensure that LESSEE is maintaining such equipment in accordance with the terms of this Agreement. LESSEE shall promptly repair or replace any equipment as directed by CITY following any such inspection. C. Disposal of Equipment. LESSEE shall not dispose of any CITY equipment without CITY's prior written approval. If LESSEE determines any CITY equipment is obsolete or no longer usable, LESSEE shall provide written notice to CITY of such determination. CITY will, in its sole discretion, determine whether such equipment is obsolete or no longer usable and whether such equipment should be disposed of. Unless otherwise agreed to by CITY and LESSEE, CITY will be responsible for the removal and disposal of the CITY equipment once CITY determines the equipment is obsolete or no longer usable. The Parties shall work together to ensure that equipment that is obsolete or no longer used is promptly removed and disposed of. D. Equipment Purchased by Lessee and Paid for by City. Unless otherwise agreed to by CITY and LESSEE, to the extent LESSEE purchases any equipment for the Golf Course and CITY reimburses LESSEE for the costs of any such equipment, at the end of the term of this Agreement, or any agreed upon extension period, LESSEE shall transfer title of the equipment to the CITY and shall leave such equipment at the Golf Course for the CITY's use. LESSEE shall maintain such equipment in good order and repair, and shall be responsible for any damage or other injury arising out of LESSEE's use, operation, or maintenance of the equipment. 13. Section 20.04 of the Agreement is deleted in its entirety. 7 Second Amendment to Lease Agreement BNB Golf Management, Inc. 14. LESSEE agrees to patch the paved area located in front of the Golf Course clubhouse to improve the aesthetic appearance of such area. CITY agrees to provide the asphalt cold patch material necessary for such work at no cost to LESSEE. CITY and LESSEE will mutually agree upon the quantity of asphalt cold patch material needed for such work. 15. All terms not defined herein shall have the same meaning and use as set forth in the Agreement. 16. Except as amended herein, the terms and conditions of the Agreement shall remain in full force and effect. 17. The Agreement, as amended by the First Amendment and this Second Amendment, constitutes the entire agreement between the Parties with respect to the use and operation of the Golf Course and supersedes any and all other prior writings and oral negotiations. The terms of the Agreement, as amended by the First. Amendment and this Second Amendment, shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to the Agreement. 18. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Amendment by a .pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Amendment. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each Party who has executed it. The Parties waive all right to challenge the admissibility or authenticity of this Amendment in a court of law based solely on the absence of an original signature. 19. The persons executing this Amendment on behalf of the Parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said Parties and that by doing sO, the Parties hereto are formally bound to the provisions of this Amendment. SIGNATURE PAGE FOLLOWS.) 8 Second Amendment to Lease Agreement BNB Golf Management, Inc. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above. CITY OF BLYTHE BNB GOLF MANAGEMENT, INC. Joseph DeConinck David Bayles Mayor Owner/Vice President Date: Date: ATTEST: Mallory Crecelius City Clerk APPROVED AS TO FORM: Brittany E. Roberto City Attorney 9 Second Amendment to Lease Agreement BNB Golf Management, Inc. ATTACHMENT 1 EXHIBIT E CITY EQUIPMENT The following CITY-owned equipment may be used by LESSEE for food & beverage services at the Blythe Municipal Golf Course only. LESSEE shall be responsible for all maintenance, repairs, fuel, and any and all other expenses related to such use. To the extent any items listed below are purchased during the term of the Agreement, they will be available for LESSEE's use once delivered to the Blythe Municipal Golf Course. Kitchen Walk-In Refrigerator Double Door Refrigerator (Superior) Ice Machine (Hoshizaki) Dishwasher (Proclean) Stainless Steel Tables (4) Triple Sink Single Sink Handwash Station Grill (Star) Microwave (Sharp) Undercounter Cooler 3-Drawer Cooler (Superior) Beer and Tap Cooler (Superior) Sandwich Station (New Standard) Coffee Maker (Curtis) Small Fryer (Waring Pro) Stove and Grill (Superior) Large Fryer (Dean) Heated Sink (Aerohot) Large Grill (US) Refrigerator (Traulsen) Beverage Cooler (Superior) Wine Cooler (Avanti) Storage Shed Dishwasher (Temperature Dynamic) Stove (Imperial) Large Fryer (Imperial) Stainless Steel Sink Undercounter Refrigerator Stainless Steel Table