Berkeley Lawn Bowling Club v. City of Berkeley
Opinion
Opinion
Brown, J.
This is an appeal from a judgment enjoining the City of Berkeley (hereinafter referred to as “City”) and its director of department of parks and recreation from interfering with the use of certain lawn bowling greens in the City by the Berkeley Lawn Bowling Club (here inafter referred to as “Club”). As will appear, we have concluded that the trial court correctly ruled in the Club’s favor and that the judgment should be affirmed.
On August 22, 1963, the Club and the City entered into an agreement whereby the Club agreed to lease a clubhouse to be constructed by the City on City property at an estimated cost of $30,000. In consideration thereof, the Club agreed to pay $15,000 down and one-tenth of the balance of the construction cost of the clubhouse on an annual basis over a 10-year period. During the second 10-year period of the lease, the Club agreed to pay a rental of $600 per year. The Club further agreed that the clubhouse should be used by the Club solely as a lawn bowling clubhouse; that the Club would represent the City in lawn bowling activities; and that the Club would foster and promote lawn bowling activities in the City.