HomeMy WebLinkAboutM-77-0368itEgdL IT1O fi
A RPSOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGEII To EXECtITE AN AGREE.
MENT WI`I'H PERRY E, GAILY FOR
THE OPERATION OE THE MELREESE GOLF
COURSE DRIVING RANGE FGR A PERIOD GP FIVE
YEARS, IN ACCORDANCE WITH THE `PERMS AND
CONDf'TIGNS CONTAINED IN THE ATTACHED
AGREEMENT,
BE IT RE oLYEI BY TIE COMMISSION OF t-it CITY
Off` MIAivit, FLGRIDA:
Section 1, The City. Manager'is authorised and'directed
execute an agreement with Perry Gary
fbr the operation of the Melreese Golf Course Driving Range for a
period of five years, in accordance With the terms and conditions"
contained in the attached agreement.
PASSED AND,",ADOPTED this day of
1977.
ATTEST:
City Clerk
PREPAREDAND APPROVED BY:
ss stapt City Attorney.
M A Y;O R
,'DOCUMENT INDEX
ITEM NO:.;
APPROVED AS TO FORM AND CORRECTNESS
Attprney
"SUPPORTIVE
DOcuptlic7v-,--4
/, r 4
O i/ `,i
-CITY_ Or MIAMI
AND
LEASE AGREEMENT
roR
A PART OF
THE MELREESE GOLF COURSE.
. •
•
DRIVING RANGE.
"SUPPORTIVE
DOCUMEN1'S
FOLLOV"
111L1ai AOREE1VLE1VTi i.
9
t•• 1 1 t1 t 1 111
'1
PACE NO-1
1 1 1 -1 1 1 11 i 1 1 11 1 1 11 1,'1 t 1 1 1 1
Y11NESSE1t-CLAUSE,1.1.1i14i 1114"1 ii 11'111111 $i 111 t 1'/ 1 i 1.1 t 6661.6 - 1
DESCRIPTION oI PREMISES,
21 • .•iRMl t 1 1 1 1•
i 1 11 Y• 1 1 1 11 1 s 1 1 1 1 1 1 1/ 1• 1 t i
•
1• 1 1 •,1 i 1 1 1►• ► • 1 16•6 1 1 1 1► 1 1•► 1• t t i 1 1 1• 1 Y 1 t 1 • 1 1
• .' .'IIOuR5•Oi� OPERATION..
• • • •'6 . ► • • ►1 1 1 11 Y
II
Y,• • • 1 1 • 1 Y.• • • 4 : 1 • 1 • ► • ► • • • Y • 1 1 t 1 I i 1 4
1 1 Y . 11 • i 1 Y t • • . 1 ► 11 • • i • • • : ► •
..RENTAL SUM PA?A)3LE TO CITY (a) •& (b) ',111,
RECORDS AND ACCOUNTS
(a) "& (b) Y i 1 . i • 1 • i 1 ► 11 • i l . • ♦ . 1 • i • •
EQUIPMENT SUPPLIES AND -FURNISHINGS..,.
Px'•RF'oii. iANCE'17ONN1D,:...•:♦i.i.•:•.•.•.144
i• 11• 11• 11i 11i••• 11
. • i •.'• • • . • • i i •
9. DISCRIMINATION 6i i• • i • i: i i i 1• i i i i i i i'♦ i i ;• i i 1 i a• i i i i i i i •i i•
10. LIABILITY ITSURANCE (a) & (b) AND INDEMNIFICATION..
11. HOLD HARMLESS.. 1 . 1.
ASSIGNMENT OF LEASE AGREEMENT •
1'3. LICENSES, 'TAXES. AND LAWS
PAYMENT OF UTILITIES
AND :EXPENSES.
2
APPEARANCE OF PREMISES (a) &.;(b); . ...•.• .... 6
6. DRIVDJG RANGE REVENUE (a) &'(b) .'....... ..............,
ALTERATION OF PREMISES ?
RULES AND REGULATIONS 7
INSPECTION OF PREMISES...... ,
20. RISK OF LOSS ?
DEFAULT 8
22,:MAINTENANCE8
•
O1REVIE, ,
iA�YS '4?PLICA 3L
• . , . . ...• .. 0 . . . . .. . .. ..
♦ , f ♦ • ♦
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99
4 ff l,.t t,♦ 4 /,, •'! !1;,.. .,t.'! •ff.! !'t•... .,!
CANCIELLA'TfON' NOTICES
(a) & (b),••
1N W ITNi SS WHEREO C SE !
S1.C4'4t'#rTi4ivE •a•t! te/tava!:aat!ttf!tft!'ttt
DOCUM TS
FOLLOW„
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t! 't! t t t! ! !! ! t 'to .t t t to t to t t
444,4 t 1.1 t-
9
i s A i M1 N r� Meted into thin 'day bt
.► `}.r:w....,y afid between the CITY (i:' MIAMt, a
IVtunic ip�'►1 carporation'et the Mate et rlorioa, hereinafter reterreri teas
the. ►'Cr"i'►', and
hereinafter. retorted to as ►►t,iaS iJ ►':
.,_I.,.T. ' I1 1 vr:._.:
' lll✓t EA5, the Cornrnis s iori of the Cityof Miarni j
Resolution No, dated
the City Manager to enter into a lea' reerent-kith
�nrrr
for the operation of the
term of five (5) years at the Melreese Golf Course;
NOW,, THE REFOR1, in consideration of the premises and mutual
covenants hereinafter contained to be observed and performed, the parties
hereto covenant and agree as follows:
DESCRIPTION OF TILE PREMISESS:
Lessee is authorized to use that area of the: Meireese Golf Course.
premises known as the "Driving Range", legally described as follows;
by the adoption of .
authorized
Starting at the intersection of the 'center lines
of N. VJ. 37 Avenue and N. W. 18 Terrace, run
west 65 feet to the east boundary fence of the
I,.eJeune Golf Course Driving Range and then south
85 feet along the fence to the Point of Beginning,
then run north along the existing fence line, a
distance of 810 feet more or less, then run west,
290 feet more or less, to an existing tree line, a
distance of 830 feet more or less, then run easterly
100 feet more or less to the west boundary of the
paved golf course parking lot, then run north along
the west boundary of the parking lot for a distance
of 20 feet more or less, then run easterly along the
north edge of parking lot, 140 feet more or less,
to the Point of 1eginning, together with structures
situated thereon,
"SUPPORTWE
DOCUMETIS
FCLLOVV"
tattled duthng the preeoding thdihth by vii l id of the Lease Agrotmoat 1f
at the end Of oath year of olierztiorif tht port entage payttt:nts to t:ho 'City do
riot equal. the guaranteed annual arr,ount offered by the :Lessee, then tho
difference between the tk.vo arriounts shall be paid to the City with the
,pnreentage remittance for the preceding month. Financial records and accounts
Of the Driving flange operation shall be kept and available at all reasonable
tit-nes for inspection by duly authorized City personnel.
(b) The term "Cross Sales" shall mean the aggregate of the gross
sales or gross volurne of business done On the premises, either for cash or
credit, whether or not collected. Cross Sales shall not mean to include:.
gratuities to I essce's employees, amounts of any federal, state or city sales
taxescollected by Lessee from customers required by law to be remitted
to the taxing authority (Lessee shall not assume any lax liability which may be
required to he collected from the customer), or the amount of any charges
made by recognized credit card companies for the use of their services.
b. RECORDS AND ACCOUNTS:
(a) Lessee shall keep on the premises, or such other place approved
the City Manager of the City, or his designee, true, accurate and complete
records and accounts of all sales and business trans acted from the premises,
and shall give access to the City's authorized representatives during reason-
able business hours to examine and audit such records and accounts. Lessee
shall furnish such other statements and reports as the City may reasonably
require.
(b) I..essee shall provide, at his own sole:cQst and expense, a cash
register for use at the Driving Range which will furnish a receipt to the
customer and also contains 4 tape receipt of all sales and transactions at
" UPPODorq
P I !
3LLOW"
iio lz iet� s Ctitttpetisatibn itislti`ahOd as required
13y eliaptdr 440, T'1orida StatuteSs
Public Liability Insurance csii Comprehensive basis,
in amounts not less than $300, 000. 00 per occurrence
for Bodily Injury, and y50, 000: 00 per occurrence for
Property Damage, and the City shall be named as an'
Additional Insured.
All insurance policies rectuirecl above, shall be issued in cornpaities
authorized to do business under the laws of the State of Florida, with the
following qualifications as to management and financial strength: At Class X,
In accordance with N. M. Best's Key Rating Guide, latest addition.
All insurance policies must be approved by the Lessor.
11. pOLD lUARMLESS:
The Lessee hereby covenants and agrees to defend, indemnify.a.nd _
save'harmless the City against ,ny and all claims, suits, actions, for
damages, or causes of actions arising during the term of this Agreement,
for any personal injury, loss of life, or damage to property, sustained by
reason of or as a result of the Lessee's (its agents, employees or workmen)
carelessness or negligence; from and against any orders, judgments or decrees,
which may be entered thereon; and from and against all costs, attorney fees,
- expense and liabilities incurred in the defense of any such claims and the
investigation thereof.
12. ASSIGNMENT OF LEASE AGREEMENT:
The Lessee shall not, at any time during the tenure of this Lease
Agreement, sublet any part of the premises or assign any portion or part of
the Lease Agreement except and by virtue of permission granted by the
City Man ;gcr.
13. LICENSES, ':'AXES AND LAWS:
The Lessee shall obtain and pay for all of the necessary licenses for
their operation. He shall also be solely responsible for payment of any and all
tares levied on his operation, and shall comply with all laws, ordinances,
regulations anti orders of federal, state, county and municipal authorities
4s they relates to the operation of the Driving Range.
E •k„,1'}. $ I vE
FO ..L ,' \!��
r
't-418 LEA8t ACGREEMENTi entered itito this.
i'),„ ..� by and between the CITY OF MIAMt
Ivlun cipi.Y Corporation of. the State of ] loricia, hereinafter referred to as
the
'CIT?" and
hereittaftei
referred togas "LE,SSEE"y
W I TN r.._,5_..._q',_.�
W14EREA8, the Commission of the City of Miami, by the adoption of
Resolution No.*
dated
the City Manager to enter into a lease agreementwithwith
for the operation of the
term of five (5) years at the Melreese Golf Course:
NOW, THiLIZEFORE, in consideration of the premises and mutual
covenants hereinafter contained to be observed and performed, the parties
hereto covenant and agree as follows:
1MSCRIPTION OF THE PREMISES:
Lessee is authorized to use that area of the Meireese Golf Course
premises known as the "Driving Range", legally described as follows:
Starting at the intersection of the center lines
of N. W. 37 Avenue and N. W. 18 Terrace, run
west 65 feet to the east boundary fence of the
L.eJeune Golf Course Driving Range and then south
85 feet along the fence to the Point of Beginning,
then run north along the existing fence line, a
distance of 810 feet more or less, then run west,
290 feet more or less, to an existing tree line, a
distance of 830 feet more or less, then run easterly
100 feet more or less to the west boundary of the
paved golf course parking lot, then run north along
the west boundary of the parking lot for a distance
of 20 feet more or less, then run easterly along the
north edge of parking lot, 140 feet more or less,
to the Point of Beginning, together with structures
Pituated thereon,
«S U P P RTWE
pocwilEirrs
F(JLUVV"
- 'T EMA
The l t c-ef this ey rie Agt'q*Iieft shall 3:d for period of-fivt (5) ,
years, bfnti'i t h g ere the day
n the
day of
tt77., and,teritiinattng
-The Lessee shal haste 016 ,fight to
iiegotiti:te,te 6tt+end 'the:Agree ierit for, true (2) 'additional perieds of five (5)
years • each, •
TOURS G)I'` OPtitATtON
During the term of this Lease Agreement the Driving Range sha11 be
open and properly staffed at all times that the golf course is opera to the public,
with the exception that the Driving Range may be permitted to operate until
11:00 p.m., at which time this operation shall be completely closed down,
4, USEc
(a) Lessee shall use the premises for the sole purpose of providing
those goods, services, facilities and equipment essential to the operation of
Golf Driving Range and for no other purpose whatsoever.
(b)
Lessee agrees to provide, in the area indigenous to the Golf
,:giving Range, a ap.:ce for the use of giving public Golf Lessons. Golf
Lessons will be rendered by the golf professional operating the Melreese
Golf Course Pro -Shop. No other individual shall be permitted to provide
said lessons, without first both being a qualified instructor and approved by
the City of Miami City Manager and the Director of the Department-. of Parks
and Recreation.
RENTAL SUM PAYABLE TO CITY:
(a) Lessee shall pay to the City Thirty -One Percent (31%) of his
gross receipts (hereinafter defined) or a minimum annual guaranteed amount
of Five Thousand Dollars ($5, 000). The percentage sum to be paid to the
City shall be computed on Gross Sales (hereinafter defined), and shall be paid
to the City on, or within, ten (10) days after the first day of each calendar
month, -.Said payment shah. be accompanied by a statement of the revenues
earned during the preceding ttibtttli by virtue of the Lead Agrceri ht� lf,
a1 aid end of oath year tit operation the pereehttbge ps.y bents to the City tia
ilot cquh.l the guaranteed annual amount offered by the ,essee, then the
difference between the two amounts shall be paid to the City with the
percentage rernittance for the preceding month. Financial records and accounts
of the Driving Range operation shall be kept and available at all reasonable
times for inspection by duly authorized City personnel
(b) The term "Gross Sales" shall mean the aggregate of the gross
sales or gross volume of business done on the premises, .either for cash or
credit, whet:h r 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 from customers required by law to be remitted
to the taxing authority (Lessee shall riot assume any tax liability which may be
required to be collected from the customer), or the amount of any charges
made by recognized credit card companies for the use of their services.
'RECORDS AND ACCOUNTS:
(a) Lessee shall keep on the premises, or such other place approved
by the City Manager of the City, or his designee, true, accurate and complete
records and accounts of all sales and business transacted from the premises,
and shall give access to the City's authorized representatives during reason-
. able business hours to examine and audit such records and accounts. Lessee
shall furnish such other statements and reports as the City may reasonably
(b) _Lessee shall provide, at his own sole cost and expense, a ,cash
register for 114e at the. Driving Range which will furnish a receipt to the
customer and also contain a tape receipt of .all. sales and transactions at
raai I?�iviafi Range.
‘.‘SUPPORTIVE
DOCUMEN.IS
FOLLQW»
Lessee shall be responsible for the operation of a brivitig mange to
inelrlde the furnishing of all required golf supplies fiecesflry to operate said
brivitig flange, which shad all be purchased new at the onset of the term of
the Agreement, and which shall include, but shall not be restricted to, golf:
Clubs, balls, buckets, tees, mats, ball racks, ball washers, ball retriever,
and allother equipment required. Lessee shall also maintain a fence which
Will be adequate to prevent golf balls from exiting the Driving .Range onto the
adjoining public right-of-way and agrees to improve the condition of the driving
stalls, The Lessee will furnish all of the above equipment, and perform the
above stated work within a period of ninety (90) days, with the exception of
the ball retriever, of the on -set of the term of the Agreement. It is under-
stood by the parties of the Agreement that the cost of above said improvements,
will represent an investment of no less than Seven Thousand Dollars ($7, 000),
nor more than Ten Thousand Dollars ($10, 000).
PERFORMANCE BOND:
The City reserves the right to demand the Lessee to furnish a
performance bond in the penal sum of $1, 000 for the payment of which he
shall bind himself for the faithful performance of the written Lease Agreement.
The form of the performance bond shall be as required by the City. If demanded,
a $1, 000 cash deposit with the City (non -interest bearing) will also suffice to
meet'tnis requirement.
DISCRIML ATION:
There shall be no discrimination as to race, color, creed,
origin in the use of the facility referred to in this Lease Agreement.
10. LIABILITY INSURANCE AND INDEMNIFICATION:
The Lessee shall not occupy the premises under this Agreement until
be has obtained insurance specified 'oelow. The Lessee shall maintain such
required insurance in force during the life of this Agreement. No modification
or change in insurance shall be made without thirty (30) days written advance
notice to the City of Miami, Florida, through its Property and Insurance
Mannor.
Wt rl dh'a Gottipensation histir ific
by Chapter 440, l lorida 8tattites,
as r'equirad
Public Liability Instira►ice = Oh Cot:ipreheiisiVe basis,
in amounts not less than $300, 000,00 per occurrence
for Bodily Injury, and $50, 000, 00 per occurrence for
Property Damage, and the City shall be named as an
Additional Insured.
All insurance polidies required above, shall be issued itt companies
;authdrited to do business under the laws of the State of Florida, with the
following qualifications as to management and financial strength: A: Class X,
In accordance with \. M. 13est's i<ey hating Guide, latest addition.
All, insurance policies must be approved by the Lessor.
i1. IIOLD HARMLESS:
The Lessee hereby covenants and agrees to defend, indemnify and
save harmless the City against •ny and all claims, suits, actions, for
damages, or causes of actions arising during the term of this Agreement,
for any personal injury, loss of life, or damage to property, sustained by
reason of or as a result of the Lessee's (its agents, employees or workmen)
carelessness or negligence; from and against any orders, judgments or decrees,
which may be mitered thereon; and from and against all costs, attorney fees,
expense and liabilities incurred in the defense of any such claims and the
investigation thereof.
., ASSIGNMENT OF LEASE AGREEMENT:
The Lessee shall not, at any time during the tenure of this Lease
Agreement, sublet any part of the premises or assign any portion or part of
the Lease Agreement except and by virtue of permission granted by the
City Manager.
13, LICENSES, ':'AXES AND LAWS;
The Lessee shall oh,:ain and pay for all of the necessary licenses for
their operation. He shall also be solely responsible for payment of any and all
ties levied on his operation, and shall comply with all laws, ordinances,
regulations and orders of federal, state, county and municipal authorities
as they relate to the operation of the Driving Range.
PAYMENT' )r tl 'l i 'i Awn xPn i i.,
The LesSee shall pays for all expenses in connection with the
operatien and ill'aihtttlahed, of the Driving Range, which shall include the
payment of all. utilities excepting water, shall furnish all personnel, wlie
small be qualified to perform the duties assigned; and provide maintenance
of the premises ard all other costs and expenses necessary to provide a
proper and suitable Driving Range.
15, APP ARA tC:CO pRIEMrSF8:
(a) Lessee shall have a neat and orderly operation at all tunes and
shall provide the necessary janitorial services to properly maintain the
premises. No signs or advertising shall be placed on the premises unless
first approved by the City Manager in writing. There shall be no living
quarters, nor shall anyone be permitted to live in or cook within the leased
premises. Lessee shall make available all areas of thepemises under
their control for examination at any tune by the City Mariager'or his authorized
representative
(b) Lessee is expressly prohibited from sel.ting any food, beverages,
or golfing supplies in connection with any of his activities authorized by the
terms and provisions of this Lease Agreement.
DRIVING RANGE REVENUE:
(a) Prices to be charged by the Lessee for use of the Driving Range
shall be conspicuously posted at the Driving Range and shall be kept current
at all times. Lessee's initial charges to customers using the Driving Range
shall be:
(1) Warm-up basket (approximately 23 balls)
(2) Regular basket (approximately 65 balls)
(3) Large pail. (approximately 118 balls)
(b) Lb14§db sliail tilftihtain the above Milli ClitArget but t uy,
ttpoti approval of the niteetoi' cif tlirr Depa.rtirioirt of t t 1&s aric1 fted redtiori,
aster the amount of balls offered to el eetuate a profitable iiiwretise ir1
r eveilu e.
At:47,Z tA,71(); $ O l?P,14. �t1Sr$:
No alteration or addition:than h6' 111,adc to the premises, or. any
,part thereof;- without first having obtllned tip written consent of the pity
'1MMailager. Authorized alterations or additions shall be made at the Lessee's
e pc tise Ana shall b'come property of the City of Miami at the terrranation
ot this Lease Agreement.
g, fttr t!S AND REGLILi1TIOS:
The Director of Parks and Itecreation_is authorized to rnake reason -
aide rules and regulations pertaining to operation of the City of Miarni
Melreese Golf Course, and any rules and regulations enacted by the Director
of Parks and Recreation shall apply to the facilities and premises to be used
by Lessee, as provided in this Lease Agreement, and Lessee hereby agrees
toabide by said rules and regulations.
1 9. INSPECTION OF PREMISES:
Lessee agrees to permit the City Manager of the City, or his
designated representative, to enter upon the premises at any time forany
purpose the City Manager deems necessary or incidental to, or connected :.
with the performance of the City's duties and obligations hereunder, or in
the exercise of its rights or functions.
20. RISK Or LOSS:
Lessee agrees to assume all risk of loss, injury or damage of any
kind or nature whatsoever to property now or hereafter placed on or within
the premises, and all risk of loss, injury or damage of any kind or nature
whatsoever to the contents of the premises belonging to Lessee, or to any
goods, chattels, merchandise or to any other property that may now or
hereafter he placed upon said p;re*nises, whether belonging to Lessee or
"SUPPORTIVE
DOCU M ENTS
FOLLOW"
others; whether said loss, injury Or darnage results frbri tire) hurrii s':nO,
rising water, or frork sky other cause 61 act ntit genet', and whether the
Same tie taus ed liy the 'negligence' of the City or any of its employees;
agerits or b1hertVis e, and to lteet hartriles s the City froth. all olairks and
su%ts; growing out of any such loss, injury or damage.
i:1! Att L`Ii :
In the event Lessee tails to comply with each and every terrk and
ordition of this Lease Agreement, or fails to perform any of the terms and
itior••s contained herein, or, fails to comply, With the written directions:
of the City, or the City Manager, within, thirty (30) days after written notice
thereof is given to Lessee, then the City, at, the City's sole option and with-
out further notice or demand to Lessee, may cancel and terminate. this
Lease Agreement, arid said Lease Agreement shall be null and void and of
no further force and effect, and Lessee shall forthwith vacate the premises.
and facilities.
MAINTENANCE OF PREMISES:
At the time the Lessee commences to operate the Driving
Range,
said Lessee shall provide personnel and equipment and shall immediately
be responsible for main. ,ining the leased premises in a clean condition,
which shall include the grounds being neatly trimmed, grass cut and the area
free of debris. Lessee shall further continue to maintain th.• leased premises
during the terra of this Lease Agreement in the same manner and in
conformity with the same standards that the operation of the Melrcese Golf
ourse is presently maintained,
LAWS AFPt,I CABLE;
Lessee enters into this Lease Agreement recognizing that all laws
of the State of Florida and Ordinances of the City of Miami and Dade County,
norida4 pertaining to the operation of the facilities are made a part of this
Lease 1 r'eement, 0,n4 lessee .agrees ,to abide thereby,
2 CANtttiit62)4tON N 4iC 8t
() In the event City reqUires the ptk h ies for a puhlie purliost prior
to the expiration of the teernl of this Agreement, the City
elect th
tern iinate this Agreement provided that said termination shall not be
effective until sixty (60) calendar days after written notice isdelivered
to Lessee as provided in this Agreement.
(13) Lessee agrees that all notices under this Lease Agreement to be
given to Lessee must be in writing and shall be deemed served when delivered
to the Driving Lange at the City of Miami Melreese Golf Course, in care of
Lessee, and Lessee further agrees that all notices to be given to the City
.must be in writing and shall be deemed served when delivered to the Office
of the City Manager, City Hall, Dinner Key, Miami, Florida. Lessee
further agrees that the City, through its City Manager, shall have the right
_to designate other places where said written notices shall be delivered to it.
IN WITNESS WHEREOF, the said parties hereto have caused these
presents to be executed and have caused their narnes to be subscribed to this
Lease Agreement the day and year first above written.
Signed, Sealed and
Delivered in the
presence of:
For Lessee
APPROVED AS TO CONTENT
Ui.,t•ector of the Department of
I'arkti and Recreation
1,:U AS TO FORM .A CCRR TNg$$.;
t
THE CITY OF MIAMI, (SEAL)
a Municipal Corporation,
ny
"SUPPORTIVE
OCUMENTS
FOLLOW
Itt.8 LUT/ON NO
A RESO ,t rioN AUTHORIZING ANI5 Dtt:EC INC
CITY MANACEIt To EXECUTE AN AGREE.
MENT W1TI-I PERit ' E, GARY I' 0It
1414E OPERATION OF Ti-t.r MELPZEE5E COLS
CoORSE DRIVING RANGE FOR A PER/015 O ' FIVE
?FADS., IN ACCORDANCE WI`rI-t Ti-lt TERMS AND
CbNDInoNS CON TAINEI)) iN THE A M ACI4E1
AGREEMENT,
,
L�tED I3�C
]3E I'.�;RE50 � THE COIvI1vCi5S10N or THE CI'TY.
ELO1UDA:
Section 1+ The City Manager is authorized and directedto
o+tecute an agreementwith Perry E. Gary
for the operation of the Melreese Golf Course Drivin Range. -far a
period of five years, in accordance with the terns and conditions
contained in the attached agreement.
PASSED AND ADOPTED, this
LEASE AGREEMENT
DRIVING RANGE
PAGE NO,
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MENTAL SUM PAYABLE TO CIT? (a) tt (b)''
ItECC71tI�S AND'ACCOUNTS (a) & (b)... 1 . • : : ♦ ,`: t . i : 1 :.`i i . .
EOUIPMCNT SUPPLIES AND FURNISHINGS
PERFORMANCE BOND... • • : • :
9, DISCRIMINATION
•
1 • • ♦ .,•
LIABILITY INSURANCE• (a) & (b) ANDDMNIFICATION ...: •
HOLDIIARMLESS.:.• 1• • •..••••••.••
ASSIGNMENT OF LEASE AGREEMENT.... , . • .....:.
LICENSES, TAXES AND LAWS...,..:: • ... • ....
PAYMENT OF UTILITIES AND. EXPENSES. • •..:......66 6
15. APPEARANCE' Off' PREMLSES. (a) &' (b)
DRIVING RANGE REVENUE (a) & (b)
ALTERATION OF PREMISES
18. .'RULES AND REGULATIONS,,.. •'
19. INSPECTION OF PREMISES..... .. • . • .. . • .... • ..
'MAINTENANCE' OF' ?R MI$JS.
LAWS APPLICABLE • .....
.CANCJ L.I..ATION NOTICES () & (b).
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UPPOT'/E
[4,h:dcumENTS
FOLLOW
LEA
Tt4It LEASE Ait. 1MtN ', entered ntaHthis
II)„ .� . by and between the CITY OV M.iAMt,
Municipal corporation of the State of 1lorida, hereinafter referred tt3 ae.
the "CITY", and
hereinafter referred to as "IJESSEE"t
.14
o
om the City of Miami , by the adoption f
'�1i1-IEltEAS� the Commission of
Resolution No. dated , authorized
the City Manager to enter into a lease agreement with
forthe operation of the
term of five (5) years at the Melreese Golf Course;
:for a
NOW, THEREFORE, in; consideration of the premises and mutual
covenants hereinafter contained to be observed and performed, the parties
hereto covenant and agree as follows:
1, DESCRIPTION OF TILE PREMISES:
Lessee is authorized to use that area of the Melreese Golf Course
premises known as the "Driving Range", legally described as follows:
Starting at the intersection of the 'center lines
of N. W. 37 Avenue and N. W. 18 Terrace, run
west 65 feet to the east boundary fence of the
LeJeune Golf Course Driving Range and then south
85 feet along the fence to the Point of Beginning,
then run north along the existing fence .line, "a
distance of 810 feet more or less, then run west,
290 feet more or less, to an existing tree line, a
distance of 830 feet more or less, then run easterly
100 feet more or less to the west boundary of the
paved golf course parking lot, then run north along
the west boundary of the parking lot for a distance
of 20 feet more or less, then run easterly along the
north edge of parking lot, 140 feet more or less,
to the Point of Beginning, together with structures
situated thereon,
The term of this Lease A reerrient's all be fora period Of five (5)
years, thrN lithding oct thie day of 1 1977, and terminating
The Lessee Shall have the right to
clay of
1.9 .,
ogt'itiate to extend tlid Agtbdtridtit for tWo, (2) additional periods of five (5)
years t�achr
O '118__C5?__OPERA`rIOI
During the term of this Lease Agreement the hiving Range sha11 be
open and properly staffed at all tithes that the golf course is open to the publio,
with the exception that the Driving Range may be permitted to operate until
11:00 p.m., at which time this operation shall be completely closed down,
USE:
(a) Lessee shall use the premises for the sole purpose of providing
those goods, services, facilities and equipment essential to the operation of
a Golf Driving Range and for no other purpose whatsoever.
(b) Lessee agrees to provide, in the arca indigenous to the Golf
Driving Range, a sp,T,ce for the use of giving public Golf Lessons. Golf
Lessons will be rendered by the golf professional operating the Melreese
Golf Course Pro -Shop. No other individual shall be permitted to provide
said lessons, without first both being a qualified instructor and approved by
the City of Iviiami City Manager and the Director of the Department of Parks
and Recreation.
RENTAL SUM PAYABLE TO CITY:
(a) Lessee shall pay to the City Thirty -One Percent (31%) of his.
gross receipts (hereinafter defined) or a minitnuzn annual guaranteed amount
of Five Thousand Dollars ($5, 000). The percentage sum to be paid to the
City shall be computed on Gross Sales (hereinafter defined), and shall be paid
to the City on, or within, ten (10) days after the first day of each calendar
month. Said payment shall be accompanied by 4 statement of the revenues
darned du !rig the pree ling month by virtue of tite Lease Agreetiie t, it,
at the end of each year of operation) the pereetitage fiaythents to the City do
riot : equal the guaranteed annual amount offered by the Lessee, then the
difference between the two amounts shall be paid to the City with the
percentage remittance for the preceding month. Financial records and aoeoUrits
di the Driving Range operation shall be kept and.available at all reasonable
times for inspection by duly authorized City personnel.
(b) The term "Gross Sales" shall mean the aggregate of the gross
sales or gross volume of business done cal the premises, either for cash or.
credit, 'whether or not collected. Gross Sales shall hot mean to include:
gratuities to Lessee's employees, amounts of any federal, state or city sales
taxes collected by Lessee from customers required by law to be remitted
to the taxing authority (Lessee shall not assume any tart liability which may be
required to be collected from the customer), or the amount of any charges
made by recognized credit card companies for the use of their services.
6. RECORDS AND ACCOUNTS;
(a) Lessee shall keep on the premises, or such other place approved
by the City Manager of the City, or his designee, true, accurate and complete
records and accounts of all sales and business transacted from the premises,
and shall give access to the City's authorized representatives during reason-
able business hours to examine and audit such records and accounts. Lessee
shall furnish such other statements and reports as the City may reasonably
require,
(b) Lessee shall provide, et his own sole cost and expense, a cash
.*'egister for use at the Driving Range which will furnish a receipt to the
'customerand also contain a tape receipt of all sales and transactions at
said Driving Mange,
:307C‘ \\I!..E,,4
t It
ITN Pi
�' � iy` ''
N38 titRd8,:
Lessee Shalt be responsible for the operation of a Driving Range to
inClucle the furnishing of all required golf supplies necessary to operate said
riving Range, which shall all be purchased new at the on,set of the term tit
the Agreement, and which shall include, but shall riot be restricted to, golf
clubs, balls, buckets, teesmats, ball racks, ball i.vashers, ball retriever,
arid all other equipment required. Lessee shall also maintain a fence which
will be adequate to prevent golf balls from exiting the Driving Range onto the
adjoining public right-of-way and agrees to improve the condition of the driving
stalls. The Lessee will furnish all of the above equipment, and perform the
above stated work within a period of ninety (90) days, with the exceptionof
the ball retriever, of the on -set of the term of the Agreement. It is under..
stoad by the parties of the Agreement that the cost of above said improvements
,Will. represent an investment of no less than Seven Thousand Dollars ($7, 000),
nor More than Ten Thousand Dollars ($10, 000).
8. PERFORMANCE BOND:
The City reserves the right to demand the Lessee to furnish a
performance bond in the penal sum of $1, 000 for the payment of which he
shall bind himself for the faithful performance of the written Lease Agreement.
The form of the performance bond shall be as required by the City. If demanded,
a $1, 000 cash deposit with the City (non -interest bearing) will also suffice to
meet Luis requirement.
9. DISCRIMINATION:
There shall be no discrimination as to race, color, creed, or national
• origin in the use of the facility referred to in this Lease Agreement.
1.9. LIABILITY INSURANCE AND INDEMNIFICATION:
The Lessee shall not occupy the premises under this Agreement until
he has obtained insurance specified *oelow. The Lessee shall maintain such
required insurance in force during the life of this Agreement. No modification
. 'Pr change in insurance shall be made without thirty (30) days written advance
notice to the City of Miami, Florida., through its Property and Insurance
IN44nager,
earl ed Auring `the preceding titehth by viitue et the Lease Agreeth-ent,' lf,
at the end of &tell year of operation, this percentage payments to this City tie
riot etjuai the guaranteed annual atilthifit offered by the Lessee, then the
difference between the two amounts shall be paid to the City with the
percentage remittance for the preceding month. Financial records and accounts
Of the brining Range operation shall be kept and available at all reasonable
times for inspection by duly authorized City personnel.
(b) The term "Cross Sales" shall mean the aggregate of the gross
sales or gross volume of business done oil the premises, either for cash or
credit, whether or hot collected. Gross Sales shall not mean to iclude:
gratuities to Lessee's employees, amounts of any federal, state or city sales
taxes 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 customer), or the amount of any charges
made by recognized credit card companies for the use of their services.
RECORDS AND ACCOUNTS:
(a) Lessee shall keep on the premises, or
by the City Manager of the City, or his designee,
such other place approved
true, accurate and complete
records and accounts of all sales and business transacted from the premises,
and shall give access to the City's authorized representatives during reason-
able business hours to examine and audit such records and accounts, Lessee
shall furnish such other statements and reports as the City may reasonably
require.
Lessee shall provide,, at his own sole cost and expense, a' cash
register for use at the Driving Range which will furnish a receipt to the
customer and also cent 'in a tape receipt or all sales and transactions at
;said Driving Rangq:,
rAql"\\IE.
osivirr,
4 ,,,.. . ,
a.►
'fyoi`t rieh Ct7Mpensatiotl insuratied 3 as required
- by 'chapter 440, Florida Statutes,
Public Liability Insurance = on Corr►prehensiVe basi.�'`i,
in amounts not less than $300, 000, 00 per occurrence
for Bodily injury, and $50, 000,00 per occurrence for
Property .Damage, and the City shall be hatred as an
Additional insured,
All insurance policies required above, shall be issued in -Companies'
'authorized to do business under the laws of the State of Florida, with the,
following qualifications as to management and financial strength: A: Class X,
to accordance with N.M. Best's Key Rating Guide, latest addition,
All insurance policies must be approved by the Lessor.
11, IIOLD I1ARMLESS:
The Lessee hereby covenants and agrees to defend, indemnify And-
save harmless the City against .ny and all claims, suits, actions, for
• damages, or causes of actions arising during the term of this Agreement,
for any personal injury, loss of life, or damage to property, sustained by
reason of or as a result of the Lessee's (its agents, employees or workmen)
carelessness or negligence; from and against any orders, judgments or decrees,
which may be entered thereon; and from and against all costs, attorney fees,
• expense and liabilities incurred in the defense of any such claims and the
investigation thereof.
-12. ASSIGNMENT OF LEASE AGREEMENT:
The Lessee shall not, at any time during the tenure of this Lease
Agreement, sublet any part of the premises or assign any portion or part of
the Lease Agreement except and by virtue of permission granted by the
City Manager.
13. LICENSFS, '.,'AXES AND LAWS:
• The Lessee shall obtain and pay for all of the necessary licences for
their operation. He shall also be solely responsible for payment of any and all
- taxes levied on his operation, and shall comply with all laws, ordinances,
regulations and orders of federal, state, county and municipal authorities
as they relate to the operation of the Driving Range.
".U'R'IV
DC;ru
3t}j—tyj yf{.Tt1 MSS ��! *+1
17 L.LOW
iL l:l ttg At! bait L'i 8 4i
:T1i6 'Lesseet shai1 pay for ail ckpentes the,
operation and fhairiteriance of the Driving I atige, tiich shaii include the
ayrxent of all utilities t cepting water: shall furnish ale personnel, who
shall be qualified to perform the duties assigned: and provide maintenance
of the pretises t d all other costs and c pehses necessary to provide a
proper and suitable Driving Range.
15. APPEARANCE O1 Pr. MtS1D t
(a) :lessee shall have a neat and orderly operation at all tines and,
shall provide the necessary janitorial services to properly maintain the
premises. No signs or advertising shall be placed on the premises unless
first approved by the City Manager in writing. There shall be no living
quarters, nor shall anyone be permitted to live in or cook within the leased
premises.. Lessee shall make available all areas of the premises under
their control for examination at any time by the City Manager or his authorized
representative.
(b) Lessee is expressly prohibited from seising any food, beverages,
or golfing supplies in connection with any of his activities authorized by the
terms and provisions of this Lease Agreement.
DRIVING RANGE REVENUE:
(a) Prices to be charged by the Lessee for use of the Driving Range
shall be conspicuously posted at the Driving Range and shall be kept current
at all times. Lessee's initial charges to customers using the Driving Range
shall be:
(1) Warr -up basket (approximately 23 balls) - $ .60
(2) Regular basket (approximately 65 balls) - $1, Z5 ..
(3) Large pail. (approximately 118 balls) 2. 30
(b) Le§see Kati ,'i hiaitt the aboV eh .rgeb but rei.W$
upon approval of the birecte ` of the Departtrieht Of Pa. ies and Recreation,
6.1ter the artiount of balls offered to ec.eetuate a profitable increase iri
1evenue
r 4' xtrtA IQt.s. QI ? ' mIsI S:
- No alteration or addition shall be made to the pretnis'es; Or any
part thereof, without first having obtained _written consent of the City
Manager. Authorised alterations or additions shall be inadc at the Lesseeis
e+ipettse and shall l;,come the property of the City of Miami at the termination
of this Lease Agreement.
1 g. XttJ.L,T S AND REGULATIONS:
The Director of Parks and Recreation is authoria:ed' to make reason,
able rules and regulations pertaining to operation of the City of Miami .
Melrecse Golf Course, and any rules and regulations enacted by the Director
of Parks and Recreation shall apply to the facilities and premises to'be used
by Lessee, as provided in this Lease Agreement, and Lessee hereby agrees.
to abide by said rules and regulations.
19. INSPECTION OF PREMISES:
Lessee agrees to permit the City Manager of the City, or his
designated representative, to enter upon the premises at any time for any
purpose the City Manager deems necessary or incidental to, or connected
with the performance of the City's duties and obligations hereunder, or in
the exercise of its rights or functions.
20. RISK OF LOSS:
Lessee agrees to assume all risk of loss, injury or damage of any
kind or nature whatsoever to property now or hereafter placed on or within
the premises, and all risk of loss, injury or damage of any kind or nature
whatsoever to the contents of the premises belonging to Lessee, or to any
goods, chattels, merchandise or to any other property that may now or
hereafter be placed upon said premises, whether belonging to Lessee or
other§
whether said tom injury or damage f dStiIt§ from fire, hurricane,
rising water, or froth any other cause or contingency, anr1 whether the
's'aiidie be caused by the negligence of the City.or.'any of its employees,'
agents or otherwise, and to tteep liarliles s the City from all claitns and
suits growing otit of any. duel' ios s, injury- or tar 'age
It the event Lessee: fails to'cornpiy with each and every terms, and
condition of this Lease Agreement, or fails to perform any of the terms and
conditiors contained herein, or fails to comply with the written directions
of the City, or the City Manager, within thirty (30) days after written notice
thereot.is given to Lessee, then the City, at the City's sole option and with-
out further notice or demand to Lessee," may cancel and terminate this
Lease Agreement, and said Lease Agreement shall be null and void and of
no further force and effect, and Lessee shall forthwith vacate the premises
and facilities.
MI lNTEN?-1NCr OF PREMISES:
At the time the Lessee commences to operate the Driving Range,
said Lessee shall provide personnel and equipment and shall immediately
be responsible for main. Lining the leased premises in a clean condition,
which shall include the grounds being neatly trimmed, grass cut and the area
free of debris. Lessee shall further continue to maintain th t leased premises
during the term of this Lease Agreement in the same manner and; in
conformity with the same standards that the operation of the Melreese Golf
,;,curse is presently maintained,
LAYS APPLICABLE:
Lessee enters into this Lease Agreement recognizing that all laws
Qf tho State of Florida and ordinances of the City of Miami and fade County,
Florida, pertaining to the operation of the facilities are made a. tart of this
Lease Agreement, and Lessee agrees to abide thereby,
4 : CAi C _ I LII a'i 7NiVQ1'XC1 S;
(a) to the event City requires the premises for a publie purpose prior
to the entiration of the term of this Agreement, the City may elect to
terminate this Agreement provided that said termination shall not be
effective until sixty (60) calendar days after written notice is delivered
to Lessee as provided iti this Agreement.
(b) Lessee agrees that all notices under this Lease Agreement to be
given to Lessee must be in writing and shaft be deemed served when delivered
to the Driving Range at the City of Miami Melreese Golf Course, in care of
Lessee, and Lessee further agrees that all notices to be given to the City.
must be iti writing and shall be deemed served when delivered to the Office
of the City Manager, City Hall, Dinner ltey, Miami, 'lorida. Lessee
further agrees that the City, through its City Manager, shall have the right
to designate other places where said written notices shall be delivered to it.
LN WITNESS WHEREOF, the said parties hereto have caused these
presents to be executed and have caused their names to be subscribed to this
Lease Agreement the day and year first above written.
Signed, Sealed and
Delivered in the
presence of:
ii
a
l-%iIC
For Lessee
see
Director of the Department of
barks and Recreation
THE CITY OF MIAMI, (SEAL)
a Municipal Corporation,
By
City Manager
"SUPPOR
no! y` `