HomeMy WebLinkAboutR-86-0253J-B6--233
RESOLUTION NO. 8 3
A RESOLUTION AUTHORIZING AN AMENDMENT OF
THE LEASE AGREEMENT DATED SEPTEMBER 29r
1977, BETWEEN THE CITY OF MIAMI AND
ANTONIO MOLINAr INC.r FOR THE OPERATION
OF A RESTAURANT IN THE CITY OF MIAMI
COUNTRY CLUB GOLF COURSE CLUBHOUSEr TO
DELETE THE CLAUSE IN SECTION 5 OF THE
AFOREMENTIONED LEASE AGREEMENTr CONCERN-
ING SUBMISSION OF AN ANNUAL CERTIFIED
PUBLIC ACCOUNTANT'S REPORT.
WHEREAS, on September 29r 1977, a lease agreement between
the City of Miami and Antonio Molinar Inc.r was executed for the
operation of a restaurant in the City of Miami Country Club Golf
Course Clubhouse; and
WHEREAS, the Lessee, Antonio Molinar Inc.r has requested the
deletion of the clause in Section 5, Recordsr Accounts and State-
ments, concerning submission of an annual certified public ac-
countant's report;
NOWT THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMIr FLORIDA:
Section 1. The clause in Section 5r Records, Accounts and
Statements, of the Lease Agreement dated September 29, 1977,
between the City of Miami and Antonio Molina, Inc., for the
operation of a restaurant in the City of Miami Country Club Golf
Course Clubhouse, requiring the submission of an annual certified
public accountant's report is hereby deleted.
PASSED AND ADOPTED this loth day of APRIL , 1986.
XAVIER L. UARE
MAYOR
ATTE
MAWY HIRAIr CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROV A TO FORM AND
CORK TN S:
OPERUCIA A. TORNEY M DC
CITY AT
1
W
�Y
TO; Honorable Mayor and
Members of the City
Commission
FROM: Cesar H• Odlo
City Manager
CITY Ofr MIAMI, FLORIDA
INFER -OFFICE MEMORANDUM
OATS! APR ' • 3 19W FILM
12
SUSJEct: Amendment to Lease Agreement
with Antonio Molina, Inc.,
for the operation of a res-
taurant in the City of Miami
REFERENCESCountry Club Golf Course
Clubhouse
ENCLOSURES:
A resolution authorizing an amend-
ment of the lease agreement dated
September 29, 1977, between the
City of Miami and Antonio Molina,
Inc., for the operation of a res-
taurant in the City of Miami Coun-
try Club Golf Course Clubhouse, to
delete the clause in Section 5 of
the aforementioned lease agreement,
concerning submission of an annual
certified public accountant's
report.
On September 29, 1977, the City entered into a lease agreement
with Antonio Molina, Inc., for the operation of a restaurant in
the City of Miami Country Club Golf Course Clubhouse.
The lessee, Antonio Molina, Inc., has requested the deletion of
the clause *in Section 5, Records Accounts and Statements,
concerning submission of an annual certified public accountant's
(CPA) report. .
In a legal opinion dated April 25, 1985, it was determined that
since the annual CPA report was not required when the lease and
concession agreement was let, the requirement may be waived.
Subsequently, the Parks and Recreation Department, in a memo
dated February 14, 1986, requested that an amendment deleting the
requirement for an annual CPA report be made, since yearly audits
conducted by the City's Department of Internal Audits and Reviews
have not revealed any improprieties in Antonio Molina's
operations.
AMENDMENT TO LEASE
AGREEMENT DATED SEPTEMBER 29, 1977
THIS AGREEMENT made and entered into this 1. day of
, 1986, between the CITY OF MIAMI, a Municipal
Corporation of the State of Florida, hereinafter referred to as
the "LESSOR", and ANTONIO MOLINA, INC., hereinafter referred to
as the "LESSEE"; amending certain provisions of that Lease
Agreement made and entered into on September 29, 1977, between
the same parties, for the lease of City of Miami Country Club
Golf Course Clubhnuse, located at 650 Curtiss Parkway, Miami
Springs, Florida, to be used to operate a Food and Beverage
Concession.
W I T N E S S E T H:
WHEREAS, the LESSEE of City of Miami Country Club Golf
a Course Clubhouse requested an Amendment to the existing Lease
Agreement dated September 29, 19779 to delete the requirement for
an annual certified public accounting (CPA) report, as stated in
Section 51 RECORDS, ACCOUNTS AND STATEMENTS, of said Lease t
Agreement; and
WHEREAS, in a legal opinion dated April 25, 1985, it was
determined that since the annual CPA report was not required when
the Lease and Concession Agreement was originally let, this
requirement may be waived, if deemed in the best interest of the
City; and
WHEREAS, the Department of Parks and Recreation is satisfied
that past audits conducted by the Department of Internal Audits
and Reviews have not revealed any improprieties and/or
intensified audits;
NOW THEREFORE, the parties agree that Section 5, RECORDS,
ACCOUNTS AND STATEMENTS shall be amended and modified as follows:
(1) RECORDS, ACCOUNTS AND STATEMENTS: -'
Lessee shall keep on the premises, or such other place
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approved by the City Manager of. the City, true, accurate and
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complete records and accounts of all sales, rentals and business
being transacted upon or from the prem13eso and shall give access
to City's authorized representatives of the City during
reasonable business hours to examine and audit such records and
accounts.
Within thirty (30) days after each month of the term
hereof, Lessee shall deliver to City a written monthly statement
of the gross receipts for such month certified by Lessee to be
true, accurate and complete.
THE LEASE AGREEMENT entered into on the 29th day of
September, 19779 remains in full force and effect and shall not
be deemed to be repealed, amended, or modified in any manner
whatsoever except as hereinabove specifically provided.
IN WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate officials executed this Lease
Amendment the day and year first above written.
WITNESSES:
ATTEST:
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
PA
ANTONIO MOLINA, INC-.,
a Florida Corporation, LESSEE,
By:
(SEAL)
CITY OF MIAMI, a Municipal
Corporation of the State
of Florida
By•
City Manager
r
t oi�
ccounts of all sales, rentals and business
complete records and a
being transacted upon or from the premises, and shall give access
to City's authorized representatives of the City during
reasonable business hours to examine and audit such records and
accounts.
Within thirty (30) days after each month of the term
hereof, Lessee shall deliver to City a written monthly statement
of the gross receipts for such month certified by Lessee to be
true, accurate and complete.
THE LEASE AGREEMENT entered into on the 29th day of
September, 19779 remains in full force and effect and shall not
be deemed to be repealed, amended, or modified in any manner
whatsoever except as hereinabove specifically provided.
IN WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate officials executed this Lease
Amendment the day and year first above written.
WITNESSES:
ATTEST:
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
city Attorney
ANTONIO MOLINA, INC-.,
a Florida Corporation, LESSEE,
By:
(SEAL)
CITY OF MIAMI, a Municipal
Corporation of the State
of Florida
By:
City Manager
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CITY OF MIAMI
AND
SEP 30
DJR� R
�Ih1 ti
Su
LEASE'AGREEMENT _
FOR
A PART OF
THE CITY OF MIAMI COUNTRY CLUB
CLUBHOUSE
FOOD CONCESSION
MIAMI SPRINGS, FLORIDA
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I N D E X
PAGE NO.
DESCRIPTION OF THE PREMISES.. • • •
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2
USEOF PREMISES .....................•• ••••••
3
TERM.......... .. .... .. . ..... .. ...... .. .... ..
3
RENT...................................... ..
RECORDS, ACCOUNTS AND STATEMENTS.. ..
4
4
LIQUORLICENSES ....................... • .
5
HOURS OF OPERATION ...................... . .
DESCRIPTION OF COMMODITIES AND PRICES...
5
STANDARD OF QUALITY — SUPPLIES......... ...
5
EMPLOYEES, STAFF AND HEALTH REGULATIONS
6
6
SERVICEENTRANCE .......................... .
HOUSEKEEPING AND CUSTODIAL SERVICES .....
6
MAINTENANCE OF INTERIOR OF PREMISES .....
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MAINTENANCE OF EXTERIOR OF DEMISED
7
PREMISES......................................
CONDITION OF PERSONAL PROPERTY...........
7
8
ALTERATIONS BY LESSEE ......................
ALTERATIONS OR REPAIRS BY CITY .............
8
INSPECTION OF PREMISES . .. . . .. .. . . . . . . . . . . . . . 9
BURGLAR ALARM .............................. 9
ASSIGNMENT OR SUBLETTING 9
ADVERTISING... . . . . . . . . .. .. . . . ... . . . . ...... . . . 9
PAYMENT OF UTILITIES. 9 r
PAYMENT OF TAXES ........•. . . . .. . . . . .. .. .. . 0.
10
NON-DESCRIMINATION ......................... 10
HOLD HARMLESS PROVISION. 10
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26.
PROPERTY DAMAGE AND PRODUCTS ...
LIABILITY.............................
27.
RISK OF LOSS ..........................
DAMAGE OR DESTRUCTION OF PREMISES
28.
29.
DEFAULT .............................
30.
TERMINATION OF LEASE........ • • •
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ATTORNEYS' FEES ................... • •
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CANCELLATION BY CITY ............. •
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SURRENDER OF PREMISES ...... • • • • • • •
34.
WRITTEN NOTICES ....................
LAWS AND LEASES APPLICABLE .......
35.
36.
CAPTIONS .............................
37.
BINDING ON SUCCESSORS ...............
IN WITNESS WHEREOF
PAGE NO.
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LEASE AGREEMENT
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THIS LEASE AGREEMENT, made this ;� L day
of y),' /d ��';'l L_("t_l.: 1977, between the CITY OF MIAMI, a
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municipal corporation, hereinafter called the "CITY", and ANTONIO
MOLINA, hereinafter called the "Lessee";
WITNESSETH
WHEREAS, pursuant to Resolution
the
Commission of the City of Miami has authorized the City Manager
to enter into an Agreement for a period of five (5) years with a
five (5) year option with Antonio Molina, for the leasing of the City
of Miami Country Club Golf Course ,Clubhouse, located at 650 Curtiss
Parkway, Miami Springs, Florida, to be used to operate a Food
and Beverage Concession; and
WHEREAS, in conjunction with the leasing of the premises,
the Lessee shall have the exclusive rights to sell, offer for sale,
rent or otherwise dispose of food and beverages on the premises
described in this lease; and
NOW, THEREFORE, in consideration of the premises and
mutual covenants hereinafter contained to be observed and performed,
the parties hereto hereby covenant and agree as follows:
1. DESCRIPTION OF THE PREMISES:
For and in consideration of the mutual promises
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herein contained, the CITY hereby leases to Lessee and
Lessee hereby leases from City certain portions of the
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real property together with improvements contained thereon described
as follows: A portion of the premises known as 650 Curtiss Parkway,
Miami Springs, Florida, said portion to be leased being as set forth in
the attached Floor Plan marked Exhibit "A", attached hereto and made a
part hereof as though set forth in full herein, together with certain furniture,
fixtures and equipment set forth in the Inventory attached hereto and made
a part hereof as though set forth in full marked'Exhibit "B".
2. USE OF PREMISES.
Lessee shall have the exclusive rights to sell, offer for sale,
rent or otherwise dispose of food and beverages, subject to specifications
and qualifications hereinafter contained and in all of the provisions of this
agreement. Lessee shall use the premises for the primary purpose
of operating a restaurant, and incidental thereto Lessee is authorized to sell
alcoholic beverages. The operations as authorized upon the premises shall
be designed primarily to serve the golfing public, and all other food and
beverage business shall be subordinate to the service to be provided the
golfing public. Lessee shall operate and maintain portable service units,
mobile in character, for the purpose of dispensing food and beverages at
specific locations upon the golf course known as the City of Miami Country
Club at Miami Springs. The type of service unit, the food and beverages
to be dispensed therefrom, and the specific locations at which these service
units will be operated shall be as specified in writing by the City Manager
of the City, provided, however, that the Lessee shall submit written
proposals to the City Manager for consideration.
The premises shall be used for no other purpose by the Lessee
unless specifically authorized in writing by the City Manager of the City.
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3. TERM_
The term of this Lease Agreement shall be for a termAj
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of five (5) years, commencing on the . day of V41,
146
1977, and terminating on the - day
of �{f'A� /)L-Y=f.: 1982. The Lessee shall have the right to � 'OO
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negotiate to extend the Agreement for one additional period of
five (5) years. At the close of this period, the City may, at its
sole option, agree to offer the extension of one additional period
of five (5) years provided that, in the opinion of the City, the Lessee
has shown sufficient basis for extension of the Agreement in terms of
investment in alterations and improvements to the leased premises
and in terms of offering superior service.
4. RENT:
Lessee shall pay to the City the minimum rent or the
percentage rent as follows;
Lessee shall pay to the City either the minimum rent of
$20, 000.00 or 12 per cent of the gross sales (hereinafter defined) for
each lease year, whichever amount is the greater. The percentage
rent shall be computed monthly and applied to the minimum annual
guarantee or paid within thirty days following the end of each lease
month simultaneously with the delivery of Lessee. to the City of its,
monthly report of Gross Sales.
All payments of rent hereunder shall be made payable to the
City of Miami and sent to the Office of the City Manager, Dinner Key, Y
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Miami, Florida, unless the City Manager of the City of Miami notifies
Lessee otherwise.
GROSS SALES f
The term "gross sales" shall mean the aggregate of the gross
sales or gross volume of business done in or from the premises or from '
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the golf course area, including but not limited to the portable service
units as set forth in Paragraph 2 hereof, either for cash or credit, whether or not collected. Gross sales shall not mean to include: gratuities to
Lessee's employees, amounts of any federal, state or city sales taxes
collected by Lessee, or any other tax collected by Lessee from customers
required by law to be remitted to the taxing authority, (Lessee shall not
assume any tax liability which may be required.to be collected from the
consumer); or the amount of any charges made by recognized credit card `
companies for the use of their services.
S. RECORDS ACCOUNTS AND STATEMENTS:
Lessee shall keep on the premises, or such other place approved
by the City Manager of the City, true, accurate and complete records and -
accounts of all sales, rentals and business being transacted upon or from
the premises, and shall give access to City's authorized representatives of
the City during reasonable business hours to examine and audit such records
and accounts.
Within thirty (30) days after each month of the term hereof,
Lessee shall deliver to City a written monthly statement of the gross receipts
for such month certified by Lessee to be true, accurate and complete.
Within thirty (30) days after each fiscal year, Lessee shall deliver.
to City a balance sheet and income statement together with the unqualified
opinion of a certified public accountant.
6. LIQUOR LICENSES. -
The Lessee shall promptly apply for a liquor and beer license from
the appropriate governmental authorities. This Lease shall be specifically
conditioned upon the issuance of a liquor and beer license to the Lessee
j�
permitting only the dispensing and sale of alcoholic beverages on the premises
the golf course area, including but not limited to the portable service
units as set forth in Paragraph 2 hereof, either for cash or credit, whether
or not collected. Gross sales shall not mean to include; gratuities to
Lessee's employees, amounts of any federal, state or city sales taxes
collected by Lessee, or any other tax collected by Lessee from customers
required by law to be remitted to the taxing authority, (Lessee shall not
assume any tax liability which may be required.to be collected from the
consumer); or the amount of any charges made by recognized credit card
companies for the use of their services.
5. RECORDS ACCOUNTS AND STATEMENTS:
Lessee shall keep on the premises, or such other place approved
by the City Manager of the City, true, accurate and complete records and
accounts of all sales, rentals and business being transacted upon or from
the premises, and shall give access to City's authorized representatives of
the City during reasonable business hours to examine and audit such records
and accounts.
Within thirty (30) days after each month of the term hereof,
Lessee shall deliver to City a written monthly statement of the gross receipts
for such month certified by Lessee to be true, accurate and complete.
Within thirty (30) days after each fiscal year, Lessee shall deliver
to City a balance sheet and income statement together with the unqualified
opinion of a certified public accountant.
b. LIQUOR LICENSES. k
,f
The Lessee shall promptly apply for a liquor and beer license from
the appropriate governmental authorities. This Lease shall be specifically !'t
conditioned upon the issuance of a liquor and beer license to the Lessee
t)
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permitting only the dispensing and sale of alcoholic beverages on the premises
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86-253.
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the golf course area, including but not limited to the portable service
units as set forth in Paragraph Z hereof, either for cash or credit, whether
or not collected. Gross sales shall not mean to include: gratuities to
Lessee's employees, amounts of any federal, state or city sales taxes
collected by Lessee, or any other tax collected by Lessee from customers
required by law to be remitted to the taxing authority, (Lessee shall not
assume any tax liability which may be required�to be collected from the
consumer); or the amount of any charges made by recognized credit card
companies for the use of their services.
S. RECORDS ACCOUNTS AND STATEMENTS:
Lessee shall keep on the premises, or such other place approved
by the City Manager of the City, true, accurate and complete records and
accounts of all sales, rentals and business being transacted upon or from
the premises, and shall give access to City's authorized representatives of
the City during reasonable business hours to examine and audit such records
and accounts.
Within thirty (30) days after each month of the term hereof,
Lessee shall deliver to City a written monthly statement of the gross receipts
for such month certified by Lessee to be true, accurate and complete.
Within thirty (30) days after each fiscal year, Lessee shall deliver
to City a balance sheet and income statement together with the unqualified
opinion of a certified public accountant.
b. LIQUOR LICENSES.
The Lessee shall promptly apply for a liquor and beer license from
the appropriate governmental authorities. This Lease shall be specifically
conditioned upon the issuance of a liquor and beer license to the Lessee
permitting only the dispensing and sale of alcoholic beverages on the premises �—
s
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for consumption on the premises. The Lessee shall specify in
writing to the Lessor's City Manager the exact location or locations
on the demised premises from which liquor and beer will be dispensed.
7. HOURS OF OPERATION:
Lessee shall operate the restaurant, incidental facilities
and portable units as described herein at no, less than the hours
and times during which the golf course is in operation and open
to the golfing public, generally, between sunrise and 11.00 P. M.
on the days of operation. Nothing herein contained shall be
construed to authorize hours of sale of commodities .as contained in
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this Lease Agreement contrary to the laws governing such operations.
g. DESCRIPTION OF COMMODITIES AND PRICES:
Attached hereto as Exhibit "C" designated "Description of
Commodities and Prices, " which exhibit is made a part hereof as
though set forth in full herein. Lessee shall not make any charges
in excess of the prices shown on said Exhibit "C. " The prices
shall first be submitted to the City Manager of the City, and no
sale may be made thereof until specifically approved in writing
by the City Manager.
9. STANDARD OF QUALITY - SUPPLIES:
Lessee shall at all times keep the premises adequately
stocked with commodities, food and beverages, and adequately staffed
to serve the patrons thereof, and the Lessee shall be required to
maintain such service and seating capacity and other requirements
as are necessary to entitle it to the licenses for the operation
of the facilities outlined herein. Lessee agrees that it will operate
and maintain the facilities authorized herein in such a manner as to
provide quality of service, food prices, food and beverages and
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management, and the operation shall be of such quality as to compete {_
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favorably with similar operations of golf course clubhouses in the
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Dade County area.
10. EMPLOYEES, STAFF AND HEALTH REGULATIONS.
Lessee shall require its employees who come in contact with
the public to be neat, clean, courteous, and wear suitable identification
by which they may be known and distinguished as employees of Lessee.
Lessee shall properly staff its operation at the premises to
insure the proper use and operation of the same, in compliance with the
provisions of this Lease, to assure proper service to the public and to
carry on the functions and services as provided in this Lease Agreement.
Lessee shall comply with all health regulations and Pure Food
Laws, all rules, regulations, laws and ordinances of the City of Miami,
Dade County, State of Florida, and the federal government applicable to
the operation authorized hereunder.
11. SERVICE ENTRANCE.
Lessee shall require all deliveries to be made to Lessee at a
clearly designated area on the demised premises for the purpose of
receiving goods and merchandise incidental and necessary to the operations
authorized hereunder.
12. HOUSEKEEPING AND CUSTODIAL SERVICES.
Lessee shall maintain the demised premises as defined by Exhibit
"A" and provide for all janitorial services and furnish all equipment and
personnel necessary to maintain the premises in an attractive. clean and
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sanitary condition. All supplies necessary for the use of t:it3 patrons
patronizing the premises, shall be maintained by the Lessee at its sole cost 1`
and expense.
13. MAINTENANCE OF INTERIOR OF PREMISES.
cost and expense, maintain in good order
Lessee shall, at its sole
and repair the plumbing and other pipes, all components of the heating,
airconditioning, refrigeration, cooking, ventilating systems, electrical
systems, telephonel gas and public utility systems and lines, and burglar
alarm within the leased premises.
Lessee shall maintain the interior of the premises in a condition of
proper cleanliness, orderliness and state of attractive appearance and good
repair at all times, and will not suffer or permit any waste or deterioration
of the demised premises or its contents. Upon the Lessee's failure to
maintain the interior of the demised premises in the condition heretofore set
out to the satisfaction of the City Manager of the City, then the City, through
the City Manager, may make, at its sole option, the necessary expenditures
to maintain the premises in a good, clean condition and state of attractive
appearance, and shall assess the cost therefor, or for the cost of any
necessary repairs, against the Lessee, and the Lessee shall, within ten
days after receipt of notice of the cost therefor, remit said amount to the
This paragraph is subject to notice provision provided for in Paragraph 29.
MAINTENANCE OF EXTERIOR OF DEMISED PREMISES.
The City shall maintain the exterior of the demised premises. All
provisions for parking shall be under the exclusive control of the City, and
all areas provided for parking or movement of vehicular traffic shall be under
the exclusive control of the City.
CONDITION OF PERSONAL PROPERTY.
Lessee shall maintain the furniture, furnishings, fixtures and
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equipment in and upon the demised premises, and as set forth in the Inventory
designated as Exhibit "B", in good and first class condition and proper working
order during the entire term of this Lease Agreement, and any equipment,
r fixtures damaged or destroyed shall be replaced by `s
furniture, furnishings o g
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the Lessee at its sole cost and expense at the termination of this lease agree-
ment, or Lessee shall remit to the City the cost of replacement. The Lessee,
with the written approval of the City Manager, may purchase any additional
furnishings or equipment that the Lessee deems necessary for the operation
of the facilities leased hereunder. Such items shall not become a part of the
above referred to inventory as illustrated on Exhibit "B" and shall in no way
be the responsibility of the City.
16. ALTERATIONS BY LESSEE
Lessee shall make no addition, partition, alteration or adjustment to
the interior of the building or equipment or any part thereof without first having
obtained the written consent of the City Manager of the City. All requests
shall be in writing and shall include plans and specifications pertaining thereto.
All alterations, improvements, additions or partitions made or installed by
Lessee shall become the property of the City upon the expiration of this
lease agreement. All such alterations or improvements as set forth in this
paragraph shall be made at the Lessee's sole cost and expense. In addition,
Lessee will remodel the women's locker room, replace carpeting, include
additional decorating, relocate the liquor and snack bar, and make other
attractive improvements for the golfing public for a total of approximately
twenty-three thousand dollars ($23, 000).
17. ALTERATIONS OR REPAIRS BY THE CITY
The City shall have the right to make such alterations, repairs or
additions to the demised premises as the City may deem necessary without
any liability to the Lessee therefor. Lessee shall cooperate with the City
in making such alterations, repairs or additions to the demised premises in
order that the City may complete its work. The City will cooperate with
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the Lessee in making such alterations or repairs so as to not unreasonably
disturb the Lessee in the operation of the demised premises. i
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18. INSPECTION OF PREMISES.
Lessee agrees to permit the City, by its City Manager's designated
personnel, to enter upon the premises at any time for any purpose the City
Manager of the City.deems necessary or incidental to or connected with the
performance of City's duties and obligations hereunder or in the exercise
of its rights or functions.
19. BURGLAR ALARM.
That the Lessee shall provide for an maintain a recognized
burglar alarm system on the demised premises.
20. ASSIGNMENT OR SUBLETTING.
Lessee shall not assign this Lease Agreement, nor sublet, nor
assign any portion of the demised premises, nor grant any concession
whatsoever during the term of this Lease Agreement without first having
obtained the authorization of the Commission of the City of Miami.
21. ADVERTISING.
The Lessee shall not permit any signs or advertising matter to
be placed either in the interior or upon the exterior of any building or portion
of the demised premises without first having obtained the written approval of
the Lessor's City Manager; however, the Lessee may place usual or customary
merchandising signs upon the demised premises without approval, provided
that in the event the Lessor's City Manager notifies the Lessee in writing to
remove same within time specified by the City Manager of the City. Under
no circumstances shall the Lessee change or alter the exterior identifications
of the demised premises entitled "City of Miami Country Club. "
22. PAYMENT OF UTILITIES.
Lessee shall pay all charges for utilities to the demised premises,
excluding electricity, water and sewer during the term of this lease agreement.
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23. PAYMENT OF TAXES:
The Lessee agrees that it shall pay, as additional rental
during the term of this Lease Agreement, taxes and assessments,
general and special which may be levied, assessed or otherwise
imposed upon the demised premises and the buildings and improve-
ments thereon, or which may hereafter during the said term be
erected or constructed thereon. It is the intent -of this Lease Agree-
ment that the City is to receive the rentals, above specified
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in Paragraph 4 hereof, as net, and clear of all costs and charges
arising from or relating to said demised premises, and that the
Lessee is to pay all charges and expenses of every nature that may
be imposed upon said demised premises and its appurtenances in
any manner during the term of this Lease Agreement, and which may
arise during the term of this Lease Agreement, from the use and/or
misuse of said demised premises in any manner.
24. NON-DISCRIMINATION:
Lessee agrees that there shall be no discrimination as
to race, creed, color sex or national origin in connection with use,
maintenance or operation of the demised premises.
25. HOLD HARMLESS PROVISION:
The Lessee shall indemnify and save harmless the City
against any and all claims, suits, actions, damages or causes of
actions arising during the term of this agreement for any personal r
injury, loss of life or damage to property sustained in or on the demised
premises by reason of or as a result of the Lessee's occupancy. use,
is
activities, and operations thereon; from and against any orders.
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judgments, or decrees which may be entered thereon and from and against
all costs, attorneys fees, expenses and liabilities incurred in the defense
of any such claim and the investigation thereon.
Z6. PROPERTY DAMAGE AND PRODUCTS LIABILITY:
Lessee shall obtain at its sole cost and expense liability
insurance in the amount of $100, 000/$300, 000 bodily injury and $5, 000
property damage and the City shall be one of the named insured,
Lessee shall provide products liability insurance in the above described
coverage, and shall name the City as an additional insured on all
policies of insurance and the policies of insurance shall provide that i
the City be given at least 30 days' advance written notice of cancellation
of said policy. The policy of insurance and the insurance carrier must
be acceptable to the City Manager of the City. All certificates of
insurance shall be attached and made a part hereof.
27. RISK OF LOSS:
Lessee agrees to assume all risk of loss, injury or damages
of any kind or nature whatsoever to property now or hereafter placed
on or within said leased premises, and all risk of loss, injury or
e whatsoever to the contents of such building
damage of any kind or natur
or improvements made by the Lessee to the structure or structures, or
to any goods, chattels, merchandise or to any other property that may
now or hereafter be placed upon said leased premises, whether belonging
to the Lessee or others, whether said loss, injury or damage results
from fire, hurricane, rising water or from any other cause or other
me be caused by the negligence of the City,
agency, and whether the sa
or any of its employees, agents, or otherwise, and to keep harmless the
City from all claims and suits growing out of any such loss, injury or
damage.
i_
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28. DAMAGE OP. DESTRUCTION OF PREMISES.,
j:
The proceeds of any payment to the City of any amounts
of money under an insurance policy or policies, paid for by the City
insuring the demised premises, or any personal property thereon or
therein, or any part thereof, shall be the property of the City of
Miami, and shall be utilized by the City as it deems proper.
Lessee agrees not to keep or permit to be kept or contained
in or about the demised premises anything of any character so as to be
hazardous or so as to render it difficult, impractical or impossible
to secure insurance against fire or other causes in companies acceptable
to the City. j
29. DEFAULT:
In the event Lessee fails to comply with each and every term '
and con
dition of this lease agreement, or fails to perform any of the
terms and conditions contained herein, or fails to comply with the written
directions of the City or the City Manager of the City within thirty days
after written notice thereof is given to the Lessee, then the City, at the
t further notice or demand to the Lessee,
City's sole option, and withou
may cancel and terminate this lease agreement, and said agreement shall
be null and void and of no further force and effect, and the Lessee shall
forthwith vacate the premises.
30. TERMINATION OF LEASE:
Upon termination of this lease agreement whether by expiration
of the terms hereof or for any other cause whatsoever, all licenses,
including but not limited to beer, wine, and liquor licenses, shall become
the property of the City, and said licenses shall immediately vest in the
l 1 i
City of Miami.
31. ' ATTORNEYS' FEES:
In the event it is deemed necessary by the City to file a
lawsuit in the appropriate court of law to enforce any of the terms and
conditions of this Lease Agreement or to collect any monies or sums due
hereunder, or to require the Lessee to perform any of the covenants or
terms and conditions as provided herein, in the event the City does prevail
the Lessee agrees that he shall pay to the City reasonable attorneys' fees.
32. CANCELLATION BY CITY:
The City reserves the right to cancel, terminate and declare
this Lease Agreement to be null and void at its sole option in the event
said premises are needed by the City for a purpose other than as a
restaurant. Notice of cancellation shall be given in writing, and shall
provide an effective date, and the effective date shall be not less than
sixty days from the date of notice by the City to the Lessee.
33. SURRENDER OF PREMISES:
The Lessee will quietly and peaceably deliver the demised
premises to the City in the same repair and condition in which they were
received at the expiration of this Lease Agreement.
34. WRITTEN NOTICES:
Lessee agrees that all notices under this Lease Agreement
must be in writing and shall be deemed to be served when delivered
to 650 Curtiss Parkway, Miami Springs, Florida.
35. LAWS AND LEASES APPLICABLE:
The Lessee enters into this Lease Agreement recognizing
that the City has an Agreement with a golf professional, Ralph Allen,
and that the Lessee shall do nothing nor obtain any rights in violation
of or contrary to said Agreement; that all legislative acts pertaining i
to the demised premises adopted by the Legislature of the State of
Florida, and all laws and ordinances pertaining to the operation of the
demised premises are made a part of this Lease Agreement and
- 13 -
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the Lessee agrees to abide thereby.
36. CAPTIONS:
The captions contained in this Lease Agreement are
inserted only as a matter of convenience and for reference and in
no way define, limit or prescribe the scope of this lease or the
intent of any provision thereof.
37. BINDING ON SUCCESSORS:
This Lease Agreement shall be binding upon the City and
the Lessee, their successors and assigns, and they shall abide by
each of the terms and conditions hereof.
IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be executed in their names by their duly
authorized officers and the corporate seals to be affixed hereto,
all as of the day and year first above written.
Signed, Sealed and Delivered
in the Presence of:
f F
PREPARED AND APPROVED BY:
!�r
CITY
VED AS TO FORM AND CO
. KNOX,
ORNEY
A V
BY
THE CITY OF .MIAMI
ILI
TEST:
ity Manager
City Clerk
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TNESS:
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EXHIBIT "B"
INVENTORY
CITY OF MIAMI COUNTRY CLUBHOUSE
FOOD AND BEVERAGE CONCESSION
1
National Cash Register
1
National Cash Register
1
National Cash Register
1
48" Poker Table, Round
21
36" Red Formica Table
6
36" Red Table ,
14
30" Red Formica Table
30
Straight Back Upholstered Chair,
1
Green Upholstered Arm Chair
2
24" Round Cocktail Table, Black
29
Captain Chair
6
High Bar Stool
1
Executive Chair
2
Bottle Cooler with Compressor
I
Dish Washer Unit
1
Sandwich Unit, Metal
I
Vegetable Bin
1
Hot Food. Table
1
Hot Top Range
1
Char Broiler
I
Oven, Blodgett
1
Open Top Range
I
Fry Top Range
1
F ryolato r
I
Bun Warmer
I
Preparation Table
1
GE Floor Machine
12
Sets of Drapes
1
Coca Cola Machine
3
Meat Cutting Tables
I
Globe Slicing Machine
I
LaCrosse Ice Machine
I
Walk in Refrigerator
I
Garland Ceramic Broiler
8
Adjustable Steel Shelf
I
Scotsman Ice Maker
1
Waitress Stand, 48" x 24"
2
Air Conditioner
15
Table, Folding, 8'
1
Desk and Cabinet, Formica
I
Safe, Steel, Combination
I
Vacuum Cleaner, Curly Classic
3
Carpet (wine, green and green)
Cane Back
BREAKFAST
JUICES
TOMATO OR ORANGE Small: $ . 35
Large- $ . 60
TWO EGGS (ANY STYLE)
$ . 85
ONE EGG (ANY STYLE)
$ .75
EGG SANDWICH (ANY STYLE)
$ .85
FRENCH TOAST
$1. 25
HAM OMELETTE
$1. 75
CHEESE OMELETTE
$1. 50
WESTERN OMELETTE
$1. 75
SPANISH OMELETTE
$1. 75
SIDE ORDERS
BACON
$ . 85
HAM
$ .85
SAUSAGE $ .85
BEVERAGES
COFFEE, TEA OR SANKA
$ .30
HOT CHOCOLATE
$ .40
LEMONADE
$ .40
$ .30
MILK
SNACK BAR
ITEM
SIZE & QUANTITY
EXISTING PRICE
HOT DOG
6 to a lb.
$ .60
CANDY
Life Savers
.15
CANDY
Chocolate Bar
.20
Orange Juice
a i Pint
.30 . 30*"'
Coffee
7 oz. per cup
Hot Chocolate
12 oz. cup -
5 Oz. Fresh Baked
.40
1.25
Ham Sand.
Cheese Sand.
3 oz.
.85
Ice Cream
French
.30
.20
Potato Chip
Hamburger 4 i oz. F. F. Let. Tomato 1. 15
Cheeseburger 42 oz. F. F. Let. Tomato 1.40
2.20
R. Beef Sand. 4i oz. 2.50
Club Sand. 1 .30
Milk y- Pint
Tea 7 oz. . 30
Toast Butter & Choice Jelly • 30
Change every day 1. 50 to 2.25 1'
Specials
Egg Sand. Plain one egg .65
Egg Sand. With Ham or Bacon 1.35 VQ
8-25�•
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LUNCHEON MENU
APPETIZERS
SOUP DU DOUR
TOMATO. ORANGE OR GRAPEFRUIT JUICE
SALADS AND COLD PLATES
$ . 50 CUP
.75 BOWL
.35
$2. 25
TUNA PLATE
CHEF'S SALAD WITH JULIANNE
$2. 75
DISH OF COTTAGE CHEESE
$ .50
HOT ENTREES
OMELETTES: HAM CHEESE, WESTERN OR SPANISH
$1.75
Served with fried potato
OPEN HOT ROAST BEEF SANDWICH
$2. 50
CHOPPED SIRLOIN OF BEEF -
$2. 50
Served with french fried potato
FRIED SHRIMP served with french fried potato
$3. 75
CORN BEEF SAN17VICH
$2. 20
GRILLED REUBEN SANDWICH Corned and sauerkraut eswiss
- 95
chooson
grilled rye bread
R
_._.._.��.-.uv;-_w.,r„^m:�^•wr.:�a.:_>_s+wr:rsnwasiaenamr�ass� - }r
SANDWICH MENU
HAMBURGER DELUXE
$1. 40
CHEESEBURGER DELUXE
$1. 50
$2. 20
HOT CORNED BEEF
$2. 20
ROAST BEEF
$ .85
GRILLED CHEESE
GRILLED CHEESE, BACON AND TOMATO
$I. ?5
s
$1. 25
HAM
$1. 50
HAM AND CHEESE
$2. 50
CLUB SPECIAL
EGG OR TUNA SALAD
$1. 25
GRILLED REUBEN SANDWICH corned eef,
$2. 95
cheese sauerkraut
on grilled rye bread
MONTE CRISTO a delightful combinationf turkey.
• _
$ 3. 25
ham and swiss dipped in an
egg batter and grilled
E
BAR-B-Q SANDWICH
$2.50
$ .95
CHILI DOG
BANQUETS
I APPETIZERS- (EXTRA $ .35 per Juice or $ .75 per cocktail
) (Choose One)
Shrimp cocktail $
Chilled Grapefruit Juice
Chilled Tomato Juice
Chilled Fruit Punch
Chilled Apple Juice
II SALADS:
TOSSED GREEN SALAD
III ENTREES (Choose One)
LUNCH DINNER
$ $10. 50
Strip Sirloin Steak, 14 oz.--------
5.95
8.50
Top Sirloin Steak. 12 oz. ---------- ---
r
6.50
9.50
Filet Mignon, 8 oz.--------------"--
4.50
5. 75
Broiled Half Chicken ---------------"-
4.75
6.50
Beef Stroganoff, Noodles ------------'
4.50
6.25
Swiss Steak ------------------- ------
5.00
8.00
Roast Top Round on Beef -------------
6.25
Roast Turkey Dressing ---------------
5.00
4. 25
5.25
Baked Ham, Fruit Sauce -------------
Broiled Chopped Sirloin Steak, 8 oz. ---
4. 50
5.75
10.50
Roast Prime Rib of Beef. 10 oz.-------
q, 50
5.50e
7.50
Roast Cornish .GamHen, Rice Dressing
Chicken Cacciatori-----------------
4. 25
4.75
.
6.25
Fried Jumbo Shrimp. platter, 7hr. Sauce
5.50
7, 25
------------------
Ladies 5 oz. Filet -'
4. 50
5.75
Baked Half Chicken, w/stuffing---------
425
_
5.25
Hawaiian Ham Steak-------------------
.
5.00
8.00
London Broil -------------------------
4.95
5.50
ChickenRice -------------------------
4.50
Salad's Julienne------------ -----------
IV VEGETABLES: (Choice of Two)
Baby Whole Carrots
Baked Potatoes
Fluffy Whipped Potatoes
Cut Green Beans
Mixed Vegetables
Potatoes Au Gratin
French Fried Potatoes
Garden Fresh Peas
Lima Beans
Harvard Whole Beets
Kernel Corn ___
V DESSERT -ICE CREAM OR SHERBET (Cheesecake $ . 50 Extra)
VI ROLLS AND BUTTER
VII BEVERAGE: Coffee, Tea or Sanka (Milk $ . 15 extra and Coke $ .30 w,
extra)