HomeMy WebLinkAboutR-86-0100RESOLUTION NO.
A RESOLUTION ACCEPTING THE PROPOSAL OF
DURBIN, PARKS AND SAVEL TO LEASE AND
OPERATE THE MIAMI SPRINGS COUNTRY CLUB
DRIVING RANGE AND PRO SHOP FACILITY, AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO
A LEASE AGREEMENT WITH DURBIN, PARKS AND
SAVEL TO OPERATE THE DRIVING RANGE AND
PRO SHOP FACILITIES AT THE MIAMI SPRINGS
GOLF COURSE, FOR AN INITIAL FIVE (5) YEAR
PERIOD, WITH A FIVE (5) YEAR RENEWAL
OPTION AT THE CITY'S DISCRETION, AT A
MINIMUM ANNUAL GUARANTEE OF $4,000 FOR
THE DRIVING RANGE AND $3,000 FOR THE PRO
SHOP.
WHEREAS, the Department of Parks and Recreation conducted a
competition for the lease of the driving range and pro shop
facilities at the Miami Springs Country Club; and
WHEREAS, in adherence to the requirements of the City
procurement provisions as stated in Article V, Sale of Realty,
section 18-78.1, "Competitive Sealed Bidding", advertisements
were placed in the Miami News, the Diario Las Americas, and the
Miami Times, notifying the public of this competition, and
instructing that sealed bids were to be submitted to the Office
of the City Clerk on or before April 29, 1985; and
# WHEREAS, the two bids received in response to this
competition were submitted by Jerry's Catering and burbin, Parks
and Savel•, and
i
WHEREAS, on May 16, 1985, a review committee consisting of
representatives from Parks and Recreation Department, Property I
Lease Management, and City Manager's Office unanimously concurre-
that Durbin, Parks and Savel's proposal offers the CITY the
highest total compensation; and
WHEREAS, the Property & Lease Management Division of the
General Services Administration Department agref77FEB
ws IS ON
. (,
committee's decision to award Durbin, Parks anthe
1986
RESOLUI!L , $ g - 1
1
0
lease for the operation of the driving range and pro shop
facilities of the Miami Springs Country Club;
NOW, THEREFORE,BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City of Miami Commission hereby awards
Durbin, Parks and Savel the lease for the operation of the
driving range and pro shop at the Miami Springs Country Club.
Section 2. The City Manager is hereby authorized to enter
into a Lease Agreement, in the form attached hereto, with Durbin,
Parks and Savel, for a five-year period, with a five-year renewal
option at the City's discretion, for the operation of the driving
range and prop shop facilities of the Miami Springs Country Club.
PASSED AND ADOPTED this day of FEBRUARY 1986.
XAVIER L. JWAREZ
MAYOR
ATT*1.
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
P.
R BERT F. CLERK
PUTY CITY AT RNEY
APPROVED AS TO FORM AND
CORRECTNESS:
64a 4 Ae4
LUCIA A. DOUGHERTY
CITY ATTORNEY
86.1(10
A
CITY OF MIAMI, FLORIOA
INTER -OFFICE MEMORANDUM 34
'i
t TO. Honorable Mayor and DATE: FEB6 1986 FILE:
Members of the City
Commission SUBJECT: Lease with Durbin, Parks,
& Savel - Miami Springs
Golf Course
FROM: Cesar H. Odin4�1
REFERENCES: P
City Manager
ENCLOSURES:
r
It is recommended that the City
Commission award Durbin, Parks &
Savel the right to lease and oper-
ate the driving range and pro shop
facility, located at the City of
Miami Country Club in Miami
Springs; and to authorize the City
Manager to enter into a lease
agreement, in the form attached
hereto, with Durbin, Parks & Savel
to operate the driving range and
pro shop facilities at the Miami
Springs Golf Course, for a five-
year period, with a five-year
renewal option at the City's dis-
cretion, at a minimum annual guar-
antee of $4,000 for the driving
range, and $3,000 for the pro shop.
In April, 1985, the Department of Parks and Recreation conducted
a competition for the lease of the driving range and pro shop
facilities at the Miami Springs Country Club. Ads were placed in
the Miami News, Miami Times, and Diario Las Americas, and the
competition closed on April 29, 1985.
The two proposals received in response to this competition were
submitted by Jerry's Catering and Durbin, Parks, & Savel.
A review committee consisting of representatives of the Parks and
Recreation Department, Property & Lease Management and the City
Manager's Office convened to evaluate the proposals submitted.
On May 16, 1985, the committee concurred unanimously that the
best proposal was submitted by Durbin, Parks, & Savel.
Durbin, Parks, & Savel's proposal guaranteed the City the greater
of 10% of all gross revenues or a minimum annual guarantee of
$3,000 for the pro -shop facility and the greater of 20� of all
gross revenues or a minimum annual guarantee of $4,000 for the
driving range.
V86.100
TO. Honorable Mayor and
Members of the City
Commission
FROM: n I�
Cesar H. Odio `+I
City Manager
r_1
Aw
CITY OF MIAMI. FLORIOA
INTER -OFFICE MEMORANDUM
DATE: FEB ' 6 1986 FILE
34
SUBJECT: Lease with Durbin, Parks,
& Savel - Miami Springs
Golf Course
REFERENCES:
ENCLOSURES:
IT, is recommenaea LnaL Lne ui Ly
Commission award Durbin, Parks &
Savel the right to lease and oper-
ate the driving range and pro shop
facility, located at the City of
Miami Country Club in Miami
Springs; and to authorize the City
Manager to enter into a lease
agreement, in the form attached
hereto, with Durbin, Parks & Savel
to operate the driving range and
pro shop facilities at the Miami
Springs Golf Course, for a five-
year period, with a five-year
renewal option at the City's dis-
cretion, at a minimum annual guar-
antee of $4,000 for the driving
range, and $3,000 for the pro shop.
In April, 1985, the Department of Parks and Recreation conducted
a competition for the lease of the driving range and pro shop
facilities at the Miami Springs Country Club. Ads were placed in
the Miami News, Miami Times, and Diario Las Americas, and the
competition closed on April 29, 1985.
The two proposals received in response to this competition were
submitted by Jerry's Catering and Durbin, Parks, & Savel.
A review committee consisting of representatives of the Parks and
Recreation Department, Property & Lease Management and the City
Manager's Office convened to evaluate the proposals submitted.
On May 16, 1985, the committee concurred unanimously that the
best proposal was submitted by Durbin, Parks, & Savel.
Durbin, Parks, & Savel's proposal guaranteed the City the greater
of 10% of all gross revenues or a minimum annual guarantee of
$3,000 for the pro -shop facility and the greater of 20% of all
gross revenues or a minimum annual guarantee of $4,000 for the
driving range.
*8S.I00
LZ
Honorable Mayor and
Members of the City
Commission
Lease with Durbin, Parks,
& Savel - Miami Springs
Golf Course - Page 2
As an essential component of the proposal submitted by Durbin,
Parks, & Savel, $35,000 will be invested in the City's property
on improvements at no cost to the City of Miami. All improve-
ments are subject to the City's review and approval prior to
commencement. It is estimated that, once the improvements are in
place, over $20,000 per year will be received by the City in
rental revenues. All utility costs will be at the sole expense
of Durbin, Parks, & Savel except for water and sewer charges.
The leased premises are to be maintained by Durbin, Parks and
Savel at their sole cost and expense at optimum operational
level, with the exception of the irrigation systems and grounds
maintenance, which will be the City's responsibility.
! Recommendation
The Property & Lease Management Division of the General Services
Administration and the Department of Parks and Recreation recom-
mend that Durbin, Parks, & Savel be awarded the lease for the
operation of the driving range and pro shop facilities at the
Miami Springs Country Club. It is also recommended that the City
Manager be authorized to enter into a lease agreement with
Durbin, Parks, & Savel, for a five-year period with a five-year
renewal option at the City's discretion, at a minimum annual
guarantee of $4,000 for the driving range and $3,000 for the pro
shop facility.
r.
e
1
lose-1 0o
LUCIA A. DOUGHERTY
CITY ATTORNEY
APPROVED AS TO INSURANCE
REQUIREMENTS:
RISK MANAGEMENT
w
WITNESS:
WITNESS:
STEVE SAVEL
4 r' ::, ......._-:-.-. '. rear: '.___..:....-•I )—
t `• I.S., x..;,, � I ��, t
t r l�• �(afc,'ti •1? /rota
43
u m .�/►r}r!' I,aar:
w A 1t i�'R..rr 111c, ,-
04
h>.rtR3tA .. _:..._�:.c._,13:�i•�:`iii•� a r.l �r`�`'•
tT .V •r, w �+ '� � rill• :` � ''� .''� :r
w w row t -
u 1w L1'.E
m ,1 -+ >a O w Ci .� aria fs i r - -- - __ rtr^z
a �-
A *' • '• • - ti Icr l4 c. I ' f'
o .
$4 a +i
� E, w G G 1 _.._� Cl r: t rr;; � �� s f -(trr� f/� •�'
z ° w a (a0 oIle
�� \ /� hr r.
c to till `r,. Y
to .4Vu
-4 Pei
,_4 G :s A q. O -� t 5i.-
Atto £+ 0 3+}KCt9 !� , r • ��•! ,t, P� ���it�}" :, f: —�:—
' r �s. z' •' ` rn�r
".Ry.r \f r/�.:.. EXHIBIT A '
+��: '� i �) 0� E' . Ci'� .•;:l < ' �t EX1STIIIG PRO SHOP AND
'\�`,„/1. .r• i�o• �}� `,'•/`-•.'�' PROPOSED FUTURE SITE
F3
1
i
LEASE AGREEMENT
i
THE LEASE AGREEMENT, made and entered into this day of
1986, by and between the CITY OF MIAMI, a
I
municipal corporation of the State of Florida (hereinafter called
the "LESSOR"), and Norman Durbin, Thomas Parks and Steve Savel,
(hereinafter called the "LESSEE").
Now, therefore, in consideration of the mutual covenants
hereinafter contained, the parties hereto covenant and agree as
r
follows:
1. PREMISES TO BE LEASED
For and in consideration of the mutual covenants hereinafter
set forth, LESSOR does hereby lease to LESSEE the property
i
described on the attached Exhibits A & B, hereinafter referred to
as Leased Premises and depicted as a portion of the Miami Springs
Golf Course, located at 650 Curtiss Parkway, Miami Springs,
Florida 33166.
2. TERM OF LEASE AGREEMENT
The term of this Lease Agreement shall be for five (5) years
commencing on the day of , 1986 and
terminating on the day of 1991. At the end of this period,
LESSOR may, at its discretion, extend the term for an additional
five (5) years commencing on the day of
1991 and terminating on the day of
1996. LESSOR shall notify LESSEE, in
writing, of its intent to extend the agreement no earlier than
six (6) months prior and no later than three (3) months prior to
the termination of the initial five-year term. '
3. USE OF PROPERTY
LESSEE agrees that the Leased Premises shall be used for the
purposes generally associated with the operation of a golf course
driving range and pro shop, including, but not limited to the
following:
I. Driving Range:
a) Offer, for use at prices comparable to other public
`
golf courses in the City of Miami and Dade County,
practice range balls of good quality for golfing
�r
patrons.
1186•100
i
i
b) Retain and offer the services of a golfing
professional for instructional purposes.
II. Pro Shop:
a) Stock with appropriate golf attire and equipment
and have sufficient golf clubs available for
rentals.
b) Allow for appropriate counter space by which LESSOR
may install a cash register for sale of greens
fees, cart rentals and other established or future
fees and charges, to be operated by the LESSOR.
4. HOURS OF OPERATION
LESSEE agrees to have driving range and pro shop facilities
staffed and open to the public for the same hours as the golf
course is open to the public. This shall be considered minimum
operating hours thereby allowing LESSEE to expand operational
hours subject to the approval of the City Manager and appointed
designees.
5. IMPROVEMENT
LESSEE agrees to invest approximately $35,000 in pro shop
and driving range improvements during the first two years of
operation unless prevented by authorities having jurisdiction
over such improvements.
LESSEE agrees that no construction, repairs, alterations or
improvements may be undertaken upon the Leased Premises as
described in Paragraph 1, Exhibits A and B, unless the plans:
(1) Be first submitted to Property & Lease
Management, for presentation and review
by the Department of Parks and
Recreation, and any other departments
and offices with jurisdiction, and '
(2) Be approved by the City Manager of the
City of Miami, Dade County, Florida, and
(3) Be in compliance with all state, county
and city rules and regulations, and any
other agency that may have jurisdiction
in these matters.
Upon completion of construction, the paid invoices, receipts
and other such documents shall be submitted to the City Manager
and shall be incorporated herein and attached hereto.
-2-
see-100
6. CONSIDERATION
LESSEE does hereby covenant and agree to pay LESSOR, as
rental for the use and occupancy of the Leased Premises
throughout the period of this Lease Agreement, the following:
I. Driving Range
The greater of twenty percent (20%) of all gross
revenues or a minimum annual guarantee in the amount of
four thousand ($41000) dollars.
II. Pro Shop
The greater of ten percent (10%) of all gross revenues
or a minimum annual guarantee in the amount of three
thousand ($3,000) dollars.
7. INSURANCE
LESSEE shall maintain during the term of this Lease
Agreement the following insurance:
A. General Liability Insurance on a Comprehensive General
Liability coverage form or its equivalent, with a
combined single limit of at least One Million Dollars
($1,000,000) per occurrence for bodily injury and
property damage liability. Products and completed
operations coverage, personal injury, contractual
liability, and premises medical payments coverages in
the amount of at least $1,000 per person shall be
included. The CITY shall be named as an Additional
Insured.
B. Worker's Compensation coverage in accordance with the
Florida Statutes.
C. All Risk Property insurance coverage on "a replacement
cost basis for real and personal property located on
the designated premises leased to LESSEE by LESSOR
which shall include theft or burglary, and business
interruption coverage in a sufficient amount to cover
potential loss of income due to an insurable loss. The
CITY shall be named as a Named Insured on such policy.
-3-
386-1 ou
D. The policy or policies of insurance required shall be
written in a manner such that the policy or policies
may not be canceled or materially changed without sixty
py (60) days advance written notice to LESSOR. Written
notice shall be sent to the Risk Management Division,
Department of Finance.
Evidence of compliance with the insurance requirements shall be
filed with the Risk Management Division of the City of Miami
prior to execution of this Lease Agreement and each renewal.
r Such insurance shall be subject to the approval of the Risk
t
Management Division. All insurance policies required must be
t written by a company or companies rated at least "A" as to
1
management and Class "X" as to financial strength, in the latest
edition of the Best's Insurance Guide, published by Alfred M.
Best Company, Inc., 75 Fulton Street, New York, N.Y. Compliance
with the foregoing requirements shall not relieve LESSEE of its
r
liability and obligations under this section or under any other
portion of this Lease Agreement.
ti
} 8. INDEMNIFICATION
j LESSEE covenants and agrees that it shall indemnify, hold
harmless, and defend LESSOR from and against any and all claims,
suits, actions, damages or causes of action arising during the
term of the Lease Agreement for any Personal Injury, Loss of
Life, or Damage to Property sustained in or about the Leased
Premises, by reason of or as a result of LESSEE'S occupancy
thereof, and from and against any orders, judgements or decrees
which may be entered thereon, and from and against all cost,
attorney's fees, expenses and liabilities incurred'in and about
the defense of any such claim and the investigation thereof.
9. LICENSES
LESSEE shall obtain and pay for all licenses and permits for
the operation of the Leased Premises, if applicable.
10. DAMAGES OR LOSS TO LESSEE'S PROPERTY
LESSEE releases LESSOR from any and all liability, cost or
expenses for damage, or loss to LESSEE'S property for any cause
whatsoever. Security is the sole responsibility of LESSEE.
986-2 oo
11. UTILITIES
LESSEE shall pay for all utilities consumed on the Leased
Premises, as well as connection and installation charges thereof
and waste collection, if any, with the exception of the water and
sewer usage.
In that the existing pro shop is a part of the Country Club
complex, LESSOR will determine the percentage of utility charges
belonging to the Leased Premises used by LESSEE, based on cubic
feet or square feet, whichever standard is applicable. LESSOR
will bill LESSEE for such utility charges, to be paid by LESSEE
no later than thirty (30) days after receipt of the bill.
In the event LESSEE does not agree with LESSOR about the
cost allocation of the utility charges belonging to the Leased
Premises used by LESSEE, LESSEE shall first pay such bill then it
may install separate meters at its sole cost and expense.
12. MAINTENANCE OF LEASED PREMISES
LESSEE covenants and agrees that it shall, at its own cost
and expense, maintain all Leased Premises in good and operable
condition in a manner normally afforded such facilities, during
the term of this Lease Agreement, and will keep the Leased
Premises in a condition of proper cleanliness, orderliness, state
of attractive appearance, and at optimum operational level at all
times. One exception will be the irrigation system and grounds
maintenance on the driving range, which will be maintained by
LESSOR. If the Leased Premises and driving range are not kept
clean and attractive in appearance or proper state of repair, at
the option of LESSOR, or his designated agent, LESSEE shall be so
advised, and, if not corrected by LESSEE within seven (7) days
time, LESSOR may cause the Leased Premises to be cleaned and/or
repaired at LESSEE's cost and expense, and LESSEE shall reimburse
LESSOR within thirty (30) days from the notice to LESSEE, for
said costs and charges. Continued breach of this section will be
considered a default of this Lease Agreement.
13. ASSIGNMENT AND SUBLETTING OF PREMISES
LESSEE shall not, at any time during the term of this Lease
Agreement, sublet any part of the premises, or assign this Lease
Agreement or any portion or part thereof, except and by virtue of
-5-
2$6•10Q
written authorization granted by an authorized representative of
the City to LESSEE.
14. SUCCESSORS AND ASSIGNS
This Lease Agreement shall be binding upon the parties
herein, their heirs, executors, legal representatives,
successors, and assigns.
15. CONDITIONS SUBSEQUENT
LESSEE agrees to pursue possible installation o; 3 lighting
system for the driving range at LESSEE's sole cost and expense.
r
Should LESSEE be successful, plans must be submitted pursuant to
i Paragraph 5 of this Lease Agreement.
16. EXAMINATION OF PREMISES
LESSEE agrees to permit LESSOR'S City Manager or his
designee to enter upon the Leased Premises at any time for any
purpose LESSOR deems necessary to, incidental to or connected
1
with the performance of LESSOR'S duties and obligations hereunder
i
r
j or in the exercise of its rights or functions.
17. ADVERTISING
s
LESSEE shall not permit any signs or advertising matter to
be placed on any portion of the Leased Premises except with prior
written approval of the City Manager or his designee.
18. RULES AND REGULATIONS
LESSEE agrees that it will abide by any and all rules and
regulations pertaining to the use of the Leased Premises which
are not in effect, or which may at any time during the term of
the Lease Agreement be promulgated.
19. TERMINATION
LESSEE agrees that it will perform and abide by all the
terms and covenants of this Lease Agreement. In the event of any
breach of any such term or covenant LESSOR may terminate this
Lease Agreement upon thirty (30) days notice of LESSEE.
LESSOR may terminate this Lease Agreement, with or without
cause, upon given six (6) months notice, in writing, of LESSOR'S
intention to cancel this Lease Agreement, provided, however,
LESSOR shall pay to LESSEE the actual cost of the improvements
(as evidenced by the documents included in this Lease Agreement
pursuant to Section 5) which will take into consideration the
unamortized life of the improvements based on a ten (10) year
-6-
986.1 00
r-
straight line of depreciation schedule. Payment of the
depreciated actual cost of the improvements, if any, shall be
made as of the date of such cancellation of the Lease Agreement
-1% and must be paid within thirty (30) days of the ensuing budget
year.
20. DEFAULT PROVISION
In the event that LESSEE shall fail to comply with each and
every term and condition of this Lease Agreement or fails to
perform any of the terms and conditions contained herein, then
LESSOR, at its sole option, upon written notice to LESSEE may
C
jcancel and terminate this Lease Agreement, and all payments,
advances, or other compensation to be paid to LESSEE by LESSOR in
terminating this Lease Agreement shall be forfeited by LESSEE as
i-
liquidated damages.
21. GENERAL CONDITIONS
A. All notices or other communications which shall or may
be given pursuant to this Lease Agreement shall be in writing and
shall be delivered by personal service, or by registered mail
addressed to the other party at the address indicated herein or
as the same may be changed from time to time. Such notice shall
be deemed given on the day on which personally served; or if by
mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI NORMAN DURBIN, THOMAS PARKS
City Manager AND STEVE SAVEL
P. 0. Box 330708 725 Hunting Lodge Drive
Miami, Florida 33133 Miami Springs, Florida 33166
B. Title and paragraph headings are for convenient
reference and are not a part of this Lease Agreement.
C. In the event of conflict between the terms of this
Lease Agreement and any terms or conditions contained in any
attached documents, the terms in this Lease Agreement shall rule.
22. SURRENDER OF PREMISES
Upon termination of this Lease Agreement by lapse of time or
otherwise, LESSEE will promptly and peacefully surrender and
deliver possession to LESSOR of the premises to which this Lease
Agreement is applicable, in accordance with the covenants herein
contained.
-7-
1686 -.t UU
r
_ 11i1;
y.
23. NON-DISCRIMINATION
LESSEE agrees that there will be no discrimination against
any person on account of race, color, sex, religious creed,
ancestry, national origin, mental or physical handicap, in the
use of the demised premises and the improvements thereof. It is
expressly understood that upon presentation of any evidence of
discrimination LESSOR shall have the right to terminate this
Lease Agreement.
24. AFFIRMATIVE ACTION PLAN
In an effort to reflect the minority percentages
representation of the City of Miami population, LESSEE agrees to
hire appropriate personnel which shall be composed of no less
than fifty percent (50%) minorities.
25. AMENDMENTS
No amendments to this Agreement shall be binding on either
1
party unless in writing and signed by both parties.
26. AWARD OF AGREEMENT
LESSEE warrants that it has not employed or retained any
person employed by LESSOR to solicit or secure this Lease
Agreement and that it has not offered to pay, paid, or agreed to
pay any person employed by LESSOR any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the award of making this Lease Agreement.
27. CONFLICT OF INTEREST
LESSEE covenants that no person under its employ who
presently exercises any functions or responsibilities in
i
connection with this Lease Agreement has any personal financial
interests, direct or indirect, in this Lease Agreement. LESSEE
further covenants that, in the performance of this Lease
Agreement, no person having such conflicting interest shall be
employed. Any such interests on the part of LESSEE or its
employees, must be disclosed in writing to LESSOR.
LESSEE is aware of the conflict of interest laws of the City
of Miami (Miami City Code Chapter 2, Article V), Dade County,
Florida (Dade County Code, Section 2-11.1) and the Florida
Statutes, and agrees that it will fully comply in all respects
with the terms of said laws.
�1
-8-
l"% JON
LESSEE, in the performance of this Lease Agreement, shall be
subject to the more restrictive law and/or guidelines regarding
conflict of interest promulgated by federal, state or local
government.
28. CONSTRUCTION OF AGREEMENT
This Lease Agreement shall be construed and enforced
according to the laws of the State of Florida.
29. SEVERABILITY
In the event any paragraph, clause or sentence of this Lease
Agreement or any future amendment is declared invalid by a court
of competent jurisdiction, such paragraph, clause or sentence
shall be stricken from the subject Lease Agreement and the
balance of the Lease Agreement(s) shall not be affected by the
deletion thereof.
30. INDEPENDENT CONTRACTOR
LESSEE and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of LESSOR,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY, or any rights generally
afforded classified or unclassified employees; further it shall
not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of LESSOR.
31. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local Governments.
32. MINORITY PROCUREMENT COMPLIANCE
LESSEE acknowledges that it has been furnished a copy of
Ordinance No. 9775, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
33. WAIVER
No waiver of any provision hereof shall be deemed to have
been made unless such waiver be in writing signed by the City.
The failure of the City of Miami to insist upon the strict
performance of any of the provisions or conditions of this Lease
Agreement, shall not be construed as waiving or relinquishing in
• -9-
886 • 1 U U
the future any such covenants or conditions, but the same shall
continue and remain in full force and effect.
34. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of each
to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
35. PERFORMANCE BONDS
LESSEE shall post a performance bond in the amount of
Twenty-five Thousand ($25,000.00) Dollars with LESSOR within
thirty (30) consecutive calendar days after the execution of this
Agreement to stand as security for the performance of LESSEE's
obligation hereunder. Said performance bond shall be posted in
cash or issued by a surety company authorized to do business in
the State of Florida and shall be refundable at the termination
of this Agreement if all terms and conditions of this Agreement
have been satisfied. If the performance bond is on an annual
coverage basis, certified evidence of renewal for each succeeding
year shall be submitted to the Property & Lease Management
Division, thirty (30) days prior to the termination date of the
existing performance bond.
IN WITNESS WHEREOF, the parties hereto have individually,
through their proper officials, executed this Lease Agreement the
day and year above written.
LESSOR: LESSEE:
THE CITY OF MIAMI, FLORIDA NORMAN DURBIN, THOMAS PARKS,
a Municipal Corporation of AND STEVE SAVEL
The State of Florida •
ATTEST:
I
CESAR H. ODIO
CITY MANAGER
MATTY HIRAI
CITY CLERK
NORMAN DURBIN
WITNESS:
-10- Doe -1 0 u
� � — ..! .,� � •+ -:"T,�'•1... SITE DESCRIPTION
ss• The Driving Range the a
- � T� .L- s '�� z to
j '� '� � - is a part of an estimate � be Ie<
t' La _ _ �"�• '� l� area on the westernly po e e
• ..... �.a '`•', i \�,/ `" '; ,- facility. The driving ra n op the xcEss'
_• /
•. \\ �`�. "� �;j!� be designated by the City area shall
include other 'excess' ar ShaZ1 12
ot
iI. � `./• �/��,`� _. ._---^-ice"-_. _..___. .____..._�. __... ._ .. _ .._... _....
„� • % �� `:. // N,
10
r ..e��ti►
Lt
qgql
-------------
e
EXHIBIT B "
C GENERAL AREA OF DRIVING RANC;E