HomeMy WebLinkAboutR-01-07520 0,
J-01-618
7/26/01
RESOLUTION NO. 01- 752
A RESOLUTION OF THE MIAMI CITY COMMISSION
AMENDING RESOLUTION NO. 00-689 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
REVISED AMENDMENT NO. 3, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE MANAGEMENT AGREEMENT OF
THE N,ELREESE GOLF COURSE, BETWEEN THE CITY OF
MIAMI AND BUNKERS OF MIAMI, A JOINT VENTURE
ORGANIZED UNDER THE LAWS OF THE STATE OF
FLORIDA, DATED JANUARY 25, 1996, AS AMENDED,
FOR THE PURPOSE OF: 1) EXTENDING THE DATE, OF
COMPLETION OF CONSTRUCTION OF THE NEW
CLUBHOUSE, AS EVIDENCED BY A CERTIFICATE OF
OCCUPANCY, TO A PERIOD OF EIGHT (8) MONTIIS
FROM THE DATE OF ISSUANCE OF A BUILDING
PERMIT, BUT NO LATER THAN AUGUST 12, 2002;
AND 2) ALLOWING BUNKERS TO CHANGE ITS
FINANCIAL REPORTING OBLIGATION FROM A FISCAL
YEAR TO A CALENDAR YEAR. COMMENCING WITH THE
YEAR 2000.
WHEREAS, pursuant to Resolution No. 95-772, passed and
adopted by the City Commission on October 26, 1995, the City of
Miami (the "City") and Bunkers of: Miami (uhe "Operator") entered
into a Management Agreement dated January 25, 1996, which
provided, among other things, for the operation, management, and
renovation of the Golf Course Facilities located at 1802 North
West 37`h Avenue, Miami, Florida, a/k/a Melreese Golf Course (the
"Property"); and
CITY COM OSS,LON'
MEETING CWs
,111, 7 6 2001
itera�l�liun nio.
01- 752
WHEREAS, the City and the Operator entered into Amendment
No. 1 to Management Agreement dated April 4, 1998 ("Amendment- No.
111) which allowed for an extension in time to complete the
construction of the new Clubhouse to December 31, 1998, and
provided for commencement of the repayment by Operator of the
City's Contribution by establishing the Reopening Date to October
15, 1997; and
WHEREAS, the City and the Operator entered into Amendment
No. 2 to the Management Agreement dated August 12, 1999
("Amendment No. 2") which, among other things, extended the time
to complete construction of the new Clubhouse to no later than
August 12, 2000; and
WHEREAS, the Operator is required to report to the City
Manager, no later than sixty (60) days prior to the commencement
of each Fiscal Year (October 1 to September 30), a proposed
operating budget projecting all sales and expenses of the Golf
Course Facilities for the next Fiscal Year; and
WHEREAS, tha Oparator is a calendar year joint venture and
has requested a change in the reporting requirement to permit
submitting proposed operating budgets to the City each Calendar
Year in lieu of each Fiscal Year; and
WHEREAS, at the Operator's request, the City Commission, by
Resolution No. 00-689, adopted July 27, 2000, authorized the
execution of an amendment, extending the time to complete
construction of the New Clubhouse for a period not to'e.xceed one
Page 2 of 4 01— 752
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(1) year and changing the requirement for submittal of proposed
operating budgets from Fiscal Years to Calendar Years; and
WHEREAS, the Operator has not yet procured the funds
necessary to construct the Clubhouse and has requested an
additional year in which to procure funding and complete
construction of the Clubhouse; and
WHEREAS, due to discrepancies regarding the entity
authorized to execute documents on behalf of the Operator, the
amendment authorized by Resolution 00--689 has not yet been
executed.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized') to
execute revised Amendment No. 3 to the Management Agreement, as
amended, in substantially the attached form, with the Operator
for the purpose of: 1) extending the date of completion of
construction of the new Clubhouse, as evidenced by a Certificate
of Occupancy, to a period of. eight (8) months from the date of
issuance of: a building permit, but no later than August 12, 2002,
1i The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provj. s i ons .
Page 3 of 4 01-
752
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and 2) allowing Bunkers to change its financial reporting
obligations from a Fiscal Year to a Calendar Year commencing with
the year 2000.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor2.
PASSED AND ADOPTED this 26thday of July , 2001.
JOE CARO.LLO, MAYOR
h accordance with Niliomi Coda 'S r.. 2-3 ,.inco,, the Mayor did not indicate, approv a of
this legislation by signing in the desinnated fw'.aco pro ide,0. said legislation :' jV
becomes effective with the olapFp of te:i (?0) days fron-i line: date of commission aciion
regarding same, without the Mayor e,xoraisinq a vette.
A
ATTEST: Wal 'r J. Foeman , City(T ;k
WALTER J. FOEMAN �^
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS: —do
AIyKO 7f LAR
C77 ATTORNEY
W5482:db:L,B:ELF
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it
was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of
the veto by the City Commission.
Page 4 of 4
01- 752
• CITY OF MIAMI, FLORIDA •
INTER -OFFICE MEMORANDUM =20
TO: The Honorable Mayor and Members
of the City Commission
FROM: ez
Aanager
RECOMMENDATION:
DATE: JUL 1 6 .�a1 FILE:
SUBJECT: Amendment to Melreese
Management Agreement
REFERENCES
ENCLOSURES:
The Administration recommends that the City Commission adopt the attached Resolution
amending Resolution No. 00-689, which authorized execution of Amendment No. 3 to the
Management Agreement, as amended, between the City of Miami ("City") and Bunkers of
Miami, a Florida Joint Venture ("Operator"), the managers of Melreese Golf Course, and
authorizing execution of a revised Amendment No. 3 to provide for extending the date of
completion of construction of the new Clubhouse, as evidenced by a Certificate of Occupancy, to
a period of eight (8) months from the date of issuance of a building permit, but no later than
August 12, 2002. This Amendment further allows Bunkers to change its financial reporting
obligation from a fiscal year to a calendar year.
BACKGROUND:
On October 26, 1995, the City Commission authorized the execution of a Management
Agreement between the City and the Operator for the operation of International Links of Miami,
A.K.A. Melreese Golf Course located at 1802 N.W. 37`h Avenue, Miami, Florida (the
"Property"). Included in the Management Agreement were the terms tinder which the Property
was to be renovated, including but not limited to, the renovation of the, Golf Course Facilities
including the Clubhouse, and required the Operator to submit proposed budgets for each fiscal
year (October 1 – September 30),
On April 4, 1998, the City and Operator entered into Amendment No. 1 to the Management
Agreement, which provided such things as the establishment of the Re -opening Date, the date in
which repayment of the City's Contribution was to begin, and the extension of the completion
date for the Clubhouse.
On August 12, 1999, the City and Operator entered into Amendment No. 2 to the Management
Agreement, which provided for the extension of the completion date for construction of a new
Clubhouse to eight (8) months from the date of full execution of Amendment No. 2.
01- 752
The Honorable Mayor and Members
of the City Commission
Page 2...
On June 26, 2000, the City Commission affirmed the decision of the Zoning Board by granting a
"special exception" to the Operator from a City zoning ordinance, to allow for the operation of
retail specialty shops, and a restaurant bar that was needed to commence. construction of the
Clubhouse.
On July 27, 2000, the City Commission authorized the execution of Amendment No. 3,
extending the time to complete construction of the new Clubhouse to a period not to exceed one
(1) year from the date of issuance of a building permit, and changing the requirement for
submittal of proposed operating budgets from Fiscal Year to Calendar Year.
Due to delays in obtaining permits from Miami -Dade Water and Sewer Department to begin
construction, and discrepancies regarding the entity authorized to execute documents on behalf of
the Operator, this revised amendment shall provide for an extension of the completion date of
construction of the new Clubhouse, as evidenced by a Certificate of Occupancy, to eight (8)
months from the date of issuance of a building permit, but no later than August 12, 2002. It
further allows the Operator to change its reporting requirement to the City from a fiscal year to a
calendar year (January 1 December 3 l) beginning in the year 2000.
CAd/DB/k City Commission - Amendment 3 .doc
ill- 752
J-00-627
7/19/00
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE
MANAGEMENT AGREEMENT FOR THE MELREESE GOLF
COURSE, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND BUNKE=RS OF
MIAMI, A FLORIDA JOINT VENTURE, DATED
OCTOBER 26, 1995, AS AMENDED, FOR THE PURPOSE
OF (1) GRANTING AN EXTENSION OF EIGHT (8)
MONTHS' FROM THE DATE THE CITY COMMISSION
APPROVES THE "SPECIAL EXCEPTION" BUT NO LATER
THAN ONE YEAR AFTER FULL EXECUTION OF
AMENDMENT NO. 3 TO OBTAIN ALL BUILDING
PERMITS AND COMPLETE CONSTRUCTION OF THE NEW
CLUBHOUSE AS EVIDENCED BY A CERTIFICATE OF
OCCUPANCY; AND (2) ALLOW BUNKERS TO CHANGE
ITS FINANCIAL REPORTING OBLIGATION FROM A
FISCAL YEAR TO A CALENDAR YEAR, COMMENCING
WITH THE YEAR. 2000.
WHEREAS, the City of Miami (the "City") and Bunkers of Miami
(the "Operator") entered into a Management Agreement dated
October 26, 1995, which provided, among other things, for the
operation, management, and renovation of the golf course
facilities located at 1802 Northwest 37t4 Avenue, Miami, Florida,
a/k/a Melreese Golf Course (the "Property"); and
WHEREAS, in accordance with the Management: Agreement, the
Operator was required to report no later than sixty (60) days
01— 752
prior to the commencement of each Fiscal Year a proposed
operating budget projecting all sales and expenses of the golf
course facilities for the next fiscal year to the City Manager;
and
WHEREAS, the City and the Operator entered into Amendment
No. I to Management Agreement dated April 9, 1998, which allowed
for an extension in time to complete the construction of the
Clubhouse and provided for the commencement of the repayment of
the City,s contribution by establishing the reopening date:; and
WHEREAS, the City and the Operator entered into Amendment
No. 2 totheManagement Agreement, dated August 12, 1999, which
provided that, among other things, the Operator shall have eight
(8) months from the date of issuance of a building permit, but no
later than one year from the Effective Date, to complete the
construction of the new Clubhouse, as evidenced by a Certificate
of Occupancy; and
WHEREAS, the Operator is. requesting an extension of time to
complete construction of the new Clubhouse due to unforeseen
circumstances in obtaining permit approval from the Miami -Dade
Water and Sewer Department to begin construction of the new
Clubhouse; .and
WHEREAS, The City and the operator agree that it is in the
best interest of the citizens of Miami and the public to grant an
......... Page 2 of 4
01- 752
i
�.� extension of the construction completion date and a financial
reporting change;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized' to
execute Amendment No. 3 to the Management Agreement for the
Melreese Golf Course, as amended, in substantially the attached
form, between the City of Miami. and Bunkers of Miami, a Florida
Joint Venture, dated October 26, 1995, as amended, 'for the
purpose of (1) granting an extension of eight (8) months from the
date the City Commission approves the "special exception," but no
later than one year after full execution of Amendment No. 3 to
obtain all building permits and complete construction of the new
Clubhouse as evidenced by a Certificate of Occupancy; and (2).
allowing Bunkers to change its financial reporting obligations
from a fiscal year to'a calendar year, commencing with the Year
2000.
JJ The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
Pag4k 3 of 4
w
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor -21
PASSED AND ADOPTED this day of 2000.
JOE CAROLLO, MAYOR
ATTEST:
WALTER J..FOEMAN
CITY CLERK
APPROVED, pRM ANp CORRECTNESS :t
W433V.LB BSS
ti If the Mayor does not sign this Resolution, it shall-beoome effective at
the and of ten calendar days from tho-date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall.. become effective
immediately upon override of the veto by the City Cossission.
01- 752
Page .4 of
r_R
AMENDMENT NUMBER,. �. TO MANAGEMENT AGREEMENT
BETWEEN THE CITY OF MIAMI AND BUNKERS OF MIAMI, A FLORIDA
JOINT VENTURE
This Third Agreement to Management Agreement is entered into this day of
2000, by and between the City of Miami, a municipal corporation of the
State of Florida (the "City'), and Bunkers of Miami, a Florida Joint Venture (the
"Operator') herein the "Parties
WNERE4S, pursuant to Resolution 95-772, passed and adopted by the City
Commission on October 26, 1995, the City entered into a Management Agreement (the
"Agreement') dated January 25, 1996, which provided, among other things, for the
operation, management and renovation of the Golf Course Facilities located at 1802 N.W.
37`u Avenue, Miami, Florida alk/a'Melreese Golf Course (the "Proand
WHEREAS, the City and Operator agreed to formalize the reopening date of the
Golf Course Facility which established commencement of a payback to the City of its
Contribution in the Golf Course Facility; and
W,FIEREAS, the City and the Operator entered into Amendment No. 1 to the
Management Agreement dated April 4, 1998 ("Amendment No. 1') which allowed for an
extension in time to complete the construction of the new Clubhouse to December 31,
1998, and provided for the commencement of the repayment of the City's Contribution by
estabDishing the Reopening Date to October 15, 1997; and
WHEREAS, in the City and Operator's judgement, construction of a new
clubhouse would better suit the definition of a first class Golf Course Facility over the
remodeling of the old clubhouse; and
o t 759
f
Manager executes the Amendment ( the "Amendment Effective Date') and shall
continue throughout the Term of this Agreement.
3. Constrnetion of Clubhouse: Seetion 2 of Amendment No. 2 is hereby
amended as follows:
"No later than twenty (20) days after the Effective Date, Operator shall
submit to the City, for City Manager's approval, the construction budget and
construction plans for the proposed Clubhouse, along with proof that Operator has
obtained adequate financing for the project (collectively the "Documents"). The
City Manager shall have thirty (30) days from receipt of the Documems in which to
review and approve or disapprove same. City Manager's approval shall not be
unreasonably withheld or delayed. The City Manager's approval of the
construction plans shall not relieve Operator of any obligation it may have at law or
--..-• .... equity and under the Agreement to file such plans with any department of the City _
or any other required governmental authority, or to obtain any building or other
permit or approval required by law. Operator acknowledges that any approval
given by the City Manager pursuant to this section shall not constitute an opinion or
agreement by -the City that the construction plans are structurally sufficient or in
compliance with any laws, codes or other applicable regulations. The Operator
shall have fifteen (1S) days from receipt of the City Manager's approval to submit
the plans to the City of Miami Building and Zoning Department. The Operator
shall have eight (8) months from the date
the City, Cgmmission
MMves the "species tion" as' required by City of Miami Zoniaa Ordinance
11000, but no more than one year from the Amendment Effective Date to obtain
all buildinst permits, and complete_ construction , of the newCl�ubi ouse as
evidenced by_a Certificate of Occupancy. The City hereby grants the Operator the
right to construct a new Clubhouse, to be used as an amenity to, and in the normal,
3 X11- 752 ::.•
reasonable in. light of past operations and expenses and in light of projected
operations for the coming Calendar Year. The City Manager shall approve or
disapprove the budget within thirty (30) days of receipt of such proposed budget.
In the event that the City Manager fails to approve or disapprove the budget within
such thirty (30) days, then the budget shall be deemed approved. In the event the
City Manager disapproves the budget then he must submit to the Operator the
reasons for disapproval. Operator and City Manager shall use their best efforts to
reach an agreement with respect to the proposed Budget. In the event the parties
cannot reach an agreement, then the prior year's budget shall be utilized with up to
a five penxnt ' (S%) increase in the total budget as determined solely by the
Operator.
No later than ninety (90) days atter the end of each Calendar Year
commencing December 31, 2000, and each subsequent Calendar Year thereafter of
�.. .. _ ..... the Term, the Operator, at its sole cost and expense, shall submit Audited Financial.... _.. _..—. _.
Statements, prepared by a Certified Public Accountant, for the prior Calendar Year
of Operator's operations of the Golf Course Facilities.
Except as specifically provided herein, all of the terms and provisions of the
.Agreement shall remain in effect.
Name:
Corporate Secretary
Bunkers of Miami, a Florida Joint Venture
By: Bunkers of Miami, Inc.,
a Florida corporation, as its Managing Partner
By:
Charles DeLucca, Jr.
President
' Words and/or figures stricken through shall deleted, Undwwored.words and/or figures shall be
added The remaining provisions are now in affect and remain unchanged.
__.....
5 01- 152
i
MELREESE GOLF COURSE
PROPERTY DESC RXPTION
ADDRESS; 1802 N.W. 37 Avenue (Douglas Road)
Miami, FL
SIZE: +/- .178.5 acres, including Grapeland Park
Goll Course: Tax Folio No. 01-3132-000-0080
+/- 130.33 acres
Park: Tax Polio No. 01-3132-000-0090
+/- 48.42 acres
LEGAL DESCRIPTION (including Park):
All that part of the SE 1/4 Section 29, Township 53
South, Range 41 East, lying South of the Tamiami
Canal,less the East 35 feet thereat; also all that
land lying in the NE 1/4 Section 32,Township 53
South, Range 41 Bast, less the West 700 lest of the
ssst 735 toot of the BE 1/4, NE 1/+ of said aE 3./4,
NE 1/4 ol,Seetion 32, also less the Salt 35 lest,
the `Sotttb 45 feet and the West 50 toot thereof of
said NZ 1/4 for street purposes. (Provided by
others)
Of- 752