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Home My WebLink AboutR-99-0483J-99-561 7/13/99 RESOLUTION NO. 9 483 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MANAGEMENT AGREEMENT OF THE MELREESE GOLF COURSE, A FLORIDA JOINT VENTURE, DATED OCTOBER 26, 1996, AS AMENDED ON APRIL 4, 1998, BETWEEN THE CITY OF MIAMI AND BUNKERS OF MIAMI FOR THE PURPOSE OF EXTENDING THE COMPLETION DATE FOR THE CONSTRUCTION OF THE CLUBHOUSE TO EIGHT MONTHS FROM THE DATE OF ISSUANCE OF A BUILDING PERMIT BUT NO LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF AMENDMENT NO. 2. WHEREAS, the City of Miami ("City") and Bunkers of Miami ("Bunkers") entered into a Management Agreement dated October 26, 1996, which provides, among other things, for the renovation of the golf course facilities, including the clubhouse at the Melreese Golf Course; and WHEREAS, City and Bunkers entered into Amendment No. 1 to the Management Agreement dated April 4, 1998, which allowed for an extension of 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, Bunker's seeks approval to construct a new clubhouse which would better suit the definition of a first class golf course facility rather than the remodeling of the old AITACHkj�N C0NTAIINE crry comm 9 oN MSE me cc J U l 13 1999 Rmol%zdm 99-- 483 clubhouse; and WHEREAS, Bunkers will be solely responsible for all costs associated with the new clubhouse, including but not limited to the construction, permitting, maintenance and any other costs related to replacement; 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. 2 to the Management Agreement of the Melresse Golf Course, in substantially the attached form, between the City of Miami ("City") and Bunkers of Miami for the purpose of extending the completion date for the construction of the clubhouse to eight months from the date of issuance of a building permit but no later than one year from the effective date of Amendment No. 2. Section 3. This Resolution shall become effective �i 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. 2 - 99 - 483 immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 13th day of July 1999. JOE CAROLLO, MAYOR In ^ccordance with Miami Code Sec. 2-36, since the !Mayor did not Indicate approval of tM5 Legis1,,tion by signing it in the designated place provided, said legislation now becova r-;- ective with the elapse of ten (10) days from the date of Commission action ATTES:.": pega�dr►�cj54rre, without the Mayor exercisin/g a/ et V Walter J. t= � n, City leri� WALT�'R a. t�Cr�NL�N CITY CLERK FQKI ANCCORRECTNESS : l AND W35b4:RCL:BSS 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. - 3 - 09- 483 immediately upon its adoption and signature of the Mayor.;y PASSED AND ADOPTED this 13th day of July , 1999. ATTES:0 : JOE CAROLLO, MAYOR In ercordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of MiS Le-gisin;tion by signing it in the designated place provided, said legl3lation now gena►,- ef4ective with the elapse of ten (10) days from the date of Commission action rega1rdrr35grrc, without the Mayor exercising�yl/a Walter J. F z n, City Jerk WALT;'R J:. FGE-MAN CITY CLERK 0'Z 0 ILARELLO W3 5.64 : RCL : BSS CORRECTNESS: 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. -• 3 - 0J- 483 AMENDMENT NO.2 TO MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE, FOR THE MANAGEMENT AND OPERATION OF THE MELREESE GOLF COURSE This Agreement is entered into this day of , 1999 (the "Effective Date"), 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") for the -purpose of amending that certain Management Agreement between the City and Operator dated October 26, 1996, (the "Agreement"), as amended by Amendment No. 1 to Management Agreement dated April 4, 1998 ("Amendment No. 1 "), as follows: WHEREAS, the City and Operator entered into a Management Agreement dated October 26, 1996, which provides, among other things, for the renovation of the Golf Course Facilities, including the Clubhouse; and WHEREAS, City and Bunkers entered into Amendment No. 1 to Management Agreement dated April 4, 1998 ("Amendment No. I") 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, in Bunker's judgment the 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 WHEREAS, Bunkers will be solely responsible for all costs associated with the new Clubhouse that are in excess of the City's Contribution as defined in the Agreement, associated with the new Clubhouse, including but not limited to, construction, furniture, 99-- 483 fixtures and equipment, permitting, maintenance and any other costs realized by virtue of the Clubhouse; NOW, THEREFORE, in consideration of mutual covenants hereinafter set forth and in consideration of other valuable consideration the parties covenant and agree as follows: 1. Incorporation of Recitals: The recitals and findings set forth above are hereby adopted by referenge thereto and incorporated herein as if fully set forth in this Agreement. 2. Construction of Clubhouse: Section 4 of Amendment No. 1 is hereby deleted in its entirety and replaced with the following: "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 Documents 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 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 (15) 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 99- 483 (8) months from the date of issuance of a building permit, but no more than one year from the Effective Date, to complete construction of the new Clubhouse, 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, customary course of operation of the Golf Course and not as an independent free-standing business, subject to review and approval of all construction documents by the City Manager, or his designee. Operator agrees to comply with all applicable laws, including City's procurement procedures, in the construction of the new Clubhouse. The Operator shall be solely responsible for all cost§ and expenses relating to, or associated with, the construction, furniture, fixtures and equipment, permitting, maintenance, operation and all other matters pertaining to the new Clubhouse that are in excess of the City's Contribution as defined in the Agreement and agrees to indemnify, release and hold harmless the City from all liabilities arising therefrom or relating thereto. Prior to the commencement of construction, Operator shall procure, maintain, and deliver to the City, at its sole cost and expense, such performance bonds and insurance policy(ies) as may be reasonably required by the City. The Operator shall be responsible for the awarding and payment of the construction contracts for the improvements which shall be done in accordance with the procedures established in Section 5.4 of the Agreement. OCJ_ 483 Except as specifically provided herein, all of the terms and provisions of the Agreement shall remain in effect. Bunkers of Miami, a Florida Joint Venture By: Bunkers of Miami, Inc., a Florida corporation, as its Managing Partner By: Name: Charles DeLucca, Jr. Corporate Secretary President City of Miami, a municipal corporation Attest of the State of Florida By: _ By: Walter J. Foeman Donald H. Warshaw City Clerk City Manager Approved As To Form And Approved As To Insurance Correctness Requirements By: _ By: Alejandro Vilarello Mario Soldevilla City Attorney Risk Management Administrator CITY OF MIAMI, FLORIDA 15 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE: .i N 2 8 9o9 FILE of the City Commission SUBJECT : Amendment to Melreese Management Agreement FROM: IN Warshaw REFERENCES: City Manager ENCLOSURES: RECOMMENDATION: The Administration recommends that the City Commission adopt the attached Resolution approving Amendment No. 2 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, to provide dates in which Operator must furnish to City their construction plans, construction budget and proof of financing and to provide for an extension of the completion date for the Clubhouse to eight (8) months after full execution of Amendment No. 2. BACKGROUND: On October 26, 1996 the City and Operator entered into a Management Agreement for the operation of International Links of Miami, A.K.A. Melreese Golf Course located at 1802 N.W. 37`t' Avenue, Miami, Florida (the "Property"). Included in the Management Agreement were the terms under which the Property was to be renovated, including but not limited to, the renovation of the clubhouse. On April 4, 1998, the City and Operator entered into Amendment No. 1 to 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. This amendment shall provide for Operator to submit its construction budget, proof of financing and construction plans within twenty (20) days of execution of amendment. It further provides for the construction of the Clubhouse to be completed within eight (8) months of full execution of Amendment No. 2. DHW j6B:LBKaf: City Commission - Amendment 2 .doc 99�- 483