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HomeMy WebLinkAboutR-98-0134J-98-138 1/30/98 RESOLUTION NO. 9 8 - 134 A RESOLUTION, WITH ATTACHMENT, APPROVING AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND BUNKERS OF MIAMI, DATED OCTOBER 26, 1996, FOR THE PURPOSE OF ESTABLISHING THE "REOPENING DATE" OF THE INTERNATIONAL LINKS OF MIAMI, A.K.A. MELREESE GOLF COURSE. AS OCTOBER 15, 1997, AND EXTENDING THE COMPLETION DATE FOR THE CONSTRUCTION OF THE CLUBHOUSE TO DECEMBER 31, 1998; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT IN SUBSTANTIALLY THE ATTACHED FORM. WHEREAS, the City of Miami 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; and WHEREAS, due to certain unexpected events, construction of the Clubhouse has not been completed; and WHEREAS, notwithstanding the foregoing, and with the City's permission, on October 15, 1997 the Golf Course was opened to the public; and WHEREAS, the "Reopening Date" of Golf Course Facilities to the public triggers the commencement of the first year on which Bunkers must begin to repay to the City the City's Contribution under the Management Agreement; and WHEREAS, Bunkers and the City wish to memorialize the "Reopening Date" by an amendment to the Management Agreement and to extend the completion date for the construction of the Clubhouse to December 31, 1998. ATTACHMENT (S) CONTAINED CrrY COM USSION MEETING OF FE B 10 1998 Resolution No. 9- 134 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 amendment to the Management Agreement between the City of Miami and Bunkers of Miami, dated October 26, 1996, for the purpose of establishing the "Reopening Date" of the International Links of Miami, A.K.A. Melreese Golf Course, as October 15, 1997, and extending the completion date for the construction of the Clubhouse to December 31, 1998, is hereby approved, and the City Manager is hereby authorized to execute an amendment, in substantially the attached form, for this purpose. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 10thday of February , 1998 ATTES WALT R J. F AN CITY PREPARED AND APPROVED BY: OLG RAMIREZ-SEI ASSf9TANT CITY ATT NEY XAVIER L. SUAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: /j lsaL1 !,v J EL EDWARD MAX ELL INTERIM CITY ATTO NEY 2 98- 134 AMENDMENT NO.1 TO MANAGEMENT AGREEMENT BETWEEN THE CITY AND BUNKERS OF MIAMI, FOR THE MANAGEMENT AND OPERATION OF THE MELREESE GOLF COURSE This Agreement is entered into this day of , 1998, 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 establishing amending that certain Management Agreement between the CITY and Operator dated October 26, 1996, (the "Agreement") as follows: 1. The "Property": Exhibit "A" to the Agreement which contains the legal description of the Property is hereby deleted and replaced with Exhibit "A" attached hereto. 2. "ReopeninE Date": The parties acknowledge that the Renovations, as defined in Section 5 of the Agreement, have been completed, except for the Clubhouse. Accordingly, the Reopening Date is hereby established as October 15, 1997. 3. Section 4.2.1. is hereby amended to read as follows: "Operator shall be totally responsible for the operation and maintenance of the Golf Course Facilities, at its cost and expense, in accordance with standards similar to those of other local public first-class daily fee golf course facilities." 4. Construction of Clubhouse: The Agreement is hereby amended, as necessary, in order to reflect the parties' agreement to extend the completion date for the construction of the Clubhouse to December 31, 1998. Except as specifically provided herein, all of the terms and provisions of the Agreement shall remain in effect. Name: Corporate Secretary ORS:Jan clean draft.doc Bunkers of Miami, a Florida Joint Venture By: Bunkers of Miami, Inc., a Florida corporation, as its Managing Partner By:_ Name: Charles DeLucca, Jr. President US-- 134 Attest Walter J. Foeman City Clerk APPROVED AS TO FORM AND CORRECTNESS By: Joel Edward Maxwell Interim City Attorney ORS:Jan clean draft.doc City of Miami, a municipal corporation of the State of Florida Jose Garcia -Pedrosa City Manager APPROVED AS TO INSURANCE REQUIREMENTS Mario Soldevilla Risk Management Administrator J8-- 134 CITY OF MIAMI, FLORIDA CAml 6 INTER -OFFICE MEMORANDUM Honorable Chairman and Members February 10, 1998 TO: of the City Commission DATE: FILE Jose Garcia -Pedrosa FROM City Manager RECOMMENDATION: Amendment to Melreese sua,ECT : Management Agreement REFERENCES: ENCLOSURES: The Administration recommends that the City Commission adopt the attached Resolution approving an Amendment to the Management Agreement ("Amendment") between the City of Miami ("City") and Bunkers of Miami, Inc. ("Bunkers"), the managers of Melreese Golf Course. BACKGROUND: On October 26, 1996 the City and Bunkers entered into a Management Agreement for the operation of International Links of Miami, A.K.A. Melreese Golf Course located at 1802 NW 37th Avenue, Miami, Florida (the "Property"). Included in the Management Agreement were the terms under which the City was to collect the repayment of the City's Contribution, as well as the terms under which the Property was to be renovated, including but not limited to the clubhouse. Under the Management Agreement Bunkers was to begin the repayment of the City's Contribution One Hundred Eighty Three (183) days from the Re -Opening Date. Due to certain unexpected events, construction of the Clubhouse has not been completed. By executing this amendment, Bunkers' obligation to repay the City's Contribution will be calculated starting Oct 15, 1997. Under the terms of the amended Management Agreement the first payment of $137,500 will be made to the City on April 15, 1998. If the Management Agreement is not amended, the City will not begin to receive repayment until June, 1999. This Amendment sets forth both the Re -Opening Date and the Clubhouse Construction Completion Date as follows: Re -Opening Date: October 15, 1997 Clubhouse Construction Completion Date: December 31, 1998 9-8- M 1