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Home My WebLink AboutR-79-0444RESOLUTION NO. 7 9- 4 4 4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE ATTACHED AGREEMENT WITH`ANTONIO MOLINA, CONCESSIONAIRE FOR THE MIAMI COUNTRY CLUB FOOD CONCESSION, TO PROVIDE ALTERATION, INS THE TERMS OF THE ' LEASE FROM FIVE (5) YEARS WITH. TWO FIVE (5) YEAR EXTENSIONS, TO TEN (10) YEARS WITH ONE FIVE (5) YEAR>EXTENSION,'ADJUSTMENTS IN. THE MINIMUM RENT, TO ::THAT OF A 20% INCREASE e'•-n!'� ON EACH FIVE (5) YEAR ANNIVERSARY, AND � �'''yT��.E ADDITIONAL IMPROVEMENTS OF $20 000 TO THE SIf:), I 0 jj ri.. n c iVi � j FACILITY BY THE LESSEE. D Crl..�ti FOLLOW WHEREAS, Antonio Molina, Concessionaireat the City of Miami Country Club, has requested an alteration in the terms of his, Agreement for assurance in proceeding with an additional investment of some $20,000 to the facility;' and WHEREAS, said concession has proven most successful, producing ever increasing revenue to the City! and WHEREAS, it `is considered in the best interest :of the City in executing this Amendment,`.including minimum rentadjustments, in return for said improvements and ultimately increased revenue; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The City Manager is hereby authorized to execute the attached Amendment to- the Agreement between the City of Miami and Antonio Molina for the Food Concession at the City of Miami Country Club Clubhouse, dated September 30,1979. PASSED and ADOPTED this 25th day of June aiiriiCe A._ Ferre MAYO . ATTEST PREPA Robert F. Clark Assistant City Attorney ROV TO FO ' 1 CORRECTNESS: e F. Kno Jr.,` City ttorney 1979. I D EX CITY COMMISSION MEETING OF .JUN2 5 }itis 9-44 MeMW.MN... . M...A 38 Joseph R. Grassie City Manager Alb rt H. owar , Director Department of Leisure Services June 12, 1979 Miami Country Club Golf Course Clubhouse Amendment Enclosed please find a draft of. an Amendment to the Agreement with Antonio Molina for the Food Concession at the City of Miami Country Club Clubhouse. This. Amendment alters the terms of the ,Agreement .'from five (5) years, with two five (5) year extensions, to ten (10) years with one five (5) year, extension, provides for adjustments to the minimum rent to that of a 20% increaseon each five (5) year anniversary, and requires improvements to the facility which are estimated at some $20,000, and includes a new outdoor snack bar and patio, a new air conditioning system, and new carpeting. The above mentioned alteration of terms conceivably wouldnot change Mr. Molina's longevity (15 years), but would ratherinsure him a minimum ten (10) years of operation. This assurance would enable Mr. Molina to proceed with said improvements. Based on the successof this operation, it is the recommendation of the Department. of Leisure Services that the enclosed draft of a resolution be adopted for execution.. of the Amendment.' AHH/KDH/dw encl. cc: Law Department Department of Management and Budget ALLOW" �';_444 t 1 1 1 Joseph R. Grassie City Manager Albert'H. Howard, Director Department of Leisure Services S r , �. ., .. I• 1, 10 , 1 June 12, 1979 Resolution.- Miami Country Club Golf Course Clubhouse Amendment to. Agreement Enclosed, for your review, is a resolution authorizing the execution of anamendment to the agreement with,. Antonio Molina for the food concession at the City of Miami Country Club Clubhouse. Execution of saidamendment would provide assurances. for Mr. Molinato invest an additional $20,000 of improvement to the facility, which includes a new out- door snack bar and patio, a new air conditioning system, and new carpeting. Based on the success of this operation and the benefits to be derived by. the City, it is the recommendation of the Department of Leisure Services that this resolution be adoptedfor execution of the amendment. AHH/KDH/mf Encl.. E Li ../ ,9 444 AMENDMUNT NUMBER ONE Amendment to Contract Between the City TIIIS AMENDMENT, entered into this day of 1979, by and between the. City' of Miami, a Inunicipal corporation .Of the State of lllorida, (hereinafter referred to as "TIIE LESSOR") and. Antonio Molina, (hereinafter referred to as "THE"LESSEE"), amending the existing Agreement between the LESSOR and the LESSEE, dated September 30, 1977. IN CONSIDERATION of the mutual covenants: and`agreeme.nts hereinafter set forth, and for `'and '`in cons ideration'of other valuable consideration," the parties hereto 'covenant and agree'as . follows : 4 1 That. paragraph 3, "TERM", as follows': shall be deleted and substituted The .term of this Lease Agreement shall:-be, hall be for a term'of ten (10) year's commencing;; on the '30 day'of September 19779 and terminating on the 29 day of September 1987.. During • the `first five. years of this period, the Lessee agrees to invest in additional alterations and improvements to the leased premises not in excess of.$20,000, thereby offering a superior facility and 'services therein. At the cl"os`e.of the initial term, the City may, a"t its sole option, agree to offer the extension o`f one additional "period of five (5)"years. 'hat paragraph 4,.;"RENT", shall be deleted a with the following 4. RENTAL AND ADJUS1'i`IEN'}' OP SAME d substituted 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 12.0 percent of the gross"sales (hereinafter defined) for each lease year, whichever amount. is the greater. 1`he.percentage rent shall be computed monthlyand appi led to the minimum annual guarantee or;1)a.id within thirty days following the end of each lease month simultaneously, with the delivery from the Lessee to the City its monthly report of Gross Sales. i`SUPPORTIvE DOCUMENT FOLLOW" 79-444 ek, On each five year anniversary o 1 this lease the mi Ili miitn rent will increase by no I (ss than: 1. ttin 20% of the tninimrent of the i)receed.i.rig five years , or 2. mount equal to the percentage ' increase in the Price An , a Index for Urban Consumer 4 S. City Wage Earners, and Clerical Workers - of . Average, issued by the Bureau of Labor Statistics the U. S. . Del)artnlent of Labor. tive date o between the month i)receedi g e ffec nion .. i *I five years. n the thereafter, year period f this lease and the same d thereafter. (1,iftlelei•encciety a .. with the p ,., . each five y ° All• paymentsincrease oforf rent hereunder pe pa rt shallHi ely t0 bef Finance, made payable D. i n, ll, oe 'Key,rftf?. . of hliami and sent to t.he . m ES • GI:OSS SAL, Miami,aetifesLesseeotherwise.. gross Florida, unless the City Manager of the City Miami .. _ the aggregate of the The term "gross sal.es , SS " shall mean . in from a sh v °o rl uo 11 .i 11 ersof a area,sbusiness include: forth done including.lbutci °t rynotfroms a i 1 1 Tit il te ec premisesthe or not sales or gross golf cset paragraphhereof,colieote2d•- , eporrtablethe service units w either, forc not , federal, c. ed by credit, to salestaxes co customers required by Lessee,byor emP--°' anY eitted to s 1 vees , am 1 ales , 1.tall flalavnyto obtielerreill tax c°lle amounts mean t iletisletrateor the Lessee from llecteu taxing authority,. gratuities to Lessee's or 3. 'rho here 1 n and the contrary coml)a i ....htescutills:eaer,ogefstInilae_dieranb.dsyeryrecognizedicecso. contractual terms credit ecrmarsd all other --cedes any prior conditions rei Raining as to . Anionumen term amount o the . t t ilies fo ATTEST: ATTEST: Secret:ary PREPAREI) ANI) APPROVED BY: Assistant City Attorney APPROVEI) AS TO 101:1\1 AND C',01ZIZI',(:'I'NESS : The CITY OF MIAMI, a municipal Corporation of the State of Florida By City Manager t Antonio Molina APPROVED AS TO CONTENT: George 1.. Knox, Jr. City Attorney ' „4' 4 , - , , •.. • Albert II. Iloward, Director Department of Leisure Services