Let me start by explaining that the negotiated purchase agreement between HSL and the Town was delegated to former Town Manager, Greg Caton, and, then Town Attorney, Tobin Sidles. During the process there were three Council members (you can guess who they were) that requested that the Council have a chance to review the agreement prior to the closing of escrow. The majority of Council (the other 4 members) did not think that was necessary because, to paraphrase, “We pay these people because of their expertise and who are we to interfere?” The agreement is a 585 page PDF file and appears to be written entirely by the HSL team. This is a legal document, signed by the Town Manager, so this is what we are now “stuck” with:
1) We can never manage golf as a Town because the agreement states, “that the Purchaser (Oro Valley) shall not terminate the Management Agreement unless, as the agreement pertains to management of the Golf Courses, Troon is replaced with a professional national or regional golf management company with prior experience managing both municipal and resort courses.”
2) The resort has priority: ” Resort owner and its hotel management agent shall be permitted to book reservations for the La Canada Course and at all tennis facilities for its hotel guests ….which allows the Resort owner to reserve golf and tennis for Resort guests on a priority basis (provided the booking is made at least two weeks in advance).”
3) Why did the Mayor (and others) put the scare into the Citizens about potential development on the courses when the agreement states: ” Resort Course and the La Canada Course shall be deed restricted so that such courses are used as golf courses, open space, or recreational amenities, the Tennis Facilities for at least 28 tennis courts shall be deed restricted and may only be used and operated as tennis courts and related uses, if the Town ceases to operate the Canada Course or Tennis Facilities, then the Resort Owner shall have the right to lease such facilities from the Town for a 50 year term….”
4) The agreement states that “as long as the Resort Property is used as a resort or hotel, at the election of the resort owner, the name of one or both of the two 18 Golf Courses SHALL contain the words “El Conquistador”
5) The agreement states that “if, at any time the Resort Course and or/La Canada Course become a discontinued Facility, and is utilized as open space or a recreational amenity instead of a Golf Course Facility, then, provided the Resort owner does not elect to enter into a Discontinued Facility Lease for all or any portion of such Discontinued Facility, the Town SHALL maintain, repair, and landscape such open space and/or recreational amenity, in a manner that controls dust, removes litter and debris, and landscapes and maintains the open space in a manner compatible with the operation of the Resort as a first class resort property.”
What does all this mean? The holes south of Lambert are part of the La Canada Course and are owned by the HOA, NOT THE TOWN. However, the Town, according to the agreement, must continue to maintain the property, EVEN THOUGH IT IS NOT TOWN PROPERTY.
Nice job Mr. Caton, Mr. Sidles, and those four members of the Council that did not desire to review the Agreement prior the close of escrow. Too bad the Mayor, and his four minions did not desire to “get into the weeds”. During the last Council meeting that Mr. Caton attended as our Town Manager, the Mayor stated how he thought that Mr. Caton “always hit it out of the park”. After reading this agreement one might wonder whose team Mr. Caton was playing for?