HomeMy WebLinkAboutM-77-0369RESOLUTION NO, _m-
A RESOLUTION AU'THORIn INO AND DIRECTING
THE CITY MANAGER TO EXECUTE AND AGREE.
MENT WITH CHAR.LES DE LUCCAF'OR THE
OPERATION OF' THE MELREESE GOLF COURSE
PRO SHOP AND FOR SERVICES AS GOLF COURSE
PROFESSIONAL FOR A PERIOD OF FIVE YEARS,
IN ACCORDANCE WITH THE TERMS AND CONDITIONS
CONTAINED IN THE ATTACHED AGREEMENT,
EE IT -RESOLVED„ BY THE 'COMMISSION OF THE CITY OF
_Section I, The=:-Clty Mariageris. authorized and 'directed to -:
execute ari agreement with Charles 'DeLucca
for the operation of the Melreese Golf, Course.Pr.o Shop, and for services
as Golf Course Professional for a period of five years, 'in accordance
with the, terms and conditions contained in the attached agreement.
PASSED AND ADOPTED THIS
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RECORDS AND ACCOUNTS •
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7. ( AND INDEMNIFICATION. . LIABILITY INbtJ12AiVCI�' 1) & t b) CATION.. • , • . •
10.
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I10I.ib I1AR4 LESS. • • • • i • 6'6 • • • • • • 1 • • i' i . • • . . • • • • s s • ♦ i 1 i i
LICENSES AND TAXES,(a) & (V) • • • • • • . • i i i i ♦ • i 1 • ♦ i 4 ••
PA5`iv1ENT OF UTILITIES AND EXPENSES •
BUSINESS CONDUCT • .• • •.• •
12. ADVERTISING • ••••••••..•. • •
13. PERFORMANCE i3OND •
i• • ► • • •• 6.6 •,• • . •
•
•
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14. A LTE1 A TIONS O.�� PREMISES
15. RULES AND L;EGULATIONS
IC). NON—DISCRIMINATION
17. ASSIGNMENT. AN.D -SUBLETTING ..'.' • . • .
�1 .=
INS P EC TION OF PREMISES ........ • ......:: • .• • •
19. 'CITY'S RIGHT .j) CANCEL.
20. RISK ,OF'LOSS
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`r1-t18_-tMA8L AC►,i€.E h E '.): a tered ttth this
19171 by atitl between the Cll.'? or WAWA) i Mutitipai dO r orAlibri of tote ►' td.td
t5[ refe_rre.togasthe "C'1" ",'anti
T. i 8 8.
N} i";4iC1:the Gothtiiistit) ti -of the .City. nie,tiii bythe at3ptt�in
:iutltori r:cl.the•City Manager and .the' City Clerlt-to
of ltesolutiot No..
etiter,ihto lti a.grectnc
it with
for the operatioh•of tke;
lvlelrecso Go,f.Coursc Pt Shop andfor his services as golf course
prores:sionalj
NOW, 1...T4E tl✓rORE, :in-cotisideration..of the premises and mutual
covenants hereinafter contained to be observed and performed, the parties
hereto covenant a.hd agree as follows:
1. D SCR.IP-'rXON 0`1" THE PREMISES:
Lessee is authorizedto use the designated area of the Melreese Golf
Course CLubi'ouse known as the Pro Shop. For purposes of golf ba11 recevery.,,
1
c shall also have access to the .hfelreese'Golf Course water hazards
times as are agreeable with the golf course manager.
TERM:
at suc
The term of groom ent shail' be fora period of five (5) years
commencing on the day of , 1977' and
terminating on the ' day of 19
The, all haveextend the
Lessee shall the right renegotiate to a Agreement for
two, (Z) additional periodsof five (5) years . each. Lessee $hall take
possession and begin operations within ten (JO) calendar clays after execution
of the lease agreement, and the Pro Shop shall:be open and properly staffed,
during the entire term of the lease, at alltirx es that the golf course is open
to the p b'lic.
.• I.
'anti 101'1 tt s.§oris eta,thietecl at tho Melrettse Driving a igewi►1 be'tltt
ole' re p; is ibiiity, d : it t.it5tt Pro Lfi iotiat
ante ;Staff .t the M'At tret•:st faro 6110,
No ()trice itittivitlus.l wilt h pert itteel bid provicla, tet3ebiss.
Le-'gCe shad use 11ie premises lttiotat as.tlie-15r3o.8i-iop and,, this
connection .shalt coi;tptetUly egtiip and ttirnlsli -said r� S1io ,anti shall ibtsirt
okv,n e .pbtiso ail frierehanclise offered for sale'arid att iteiiis `ticces'sary
to'cipertrtc 1. 061f Pr`o Shp. Ile 'shallhavi' the e:tctusive privilege at ielreese
Cotf Course of offering golf equipment, supplies, and earthing 1br,sate to the
public.
Additionally, the Lessee shall have the exclusive privilege of
recovering all golf balls which have been abandoned by golfers in all ‘v ttei'
Ila arcs at Melrcese Golf. Course, subject to City approval of the ii 'thod o
recovery or type of equipment to be employed] and in this connection,' Lessee
shallcompletely equip atvi supply said ghl.f ball recovery operation. The City,.
or other lessees of the City, Will retain' all revenue from green fees, rental.
of .hand and electric, carts, . sate of food and beverages
driving range operations,
and from other operations specifically granted to other lessees.
The Pro
Shop Lessee shall conduct no operations. which conflict with those conc;ucted.
by the Ciiy itself or are specifically granted to other City lessees at ivielreese
Goi f Course.
. SUM PAYABLE TO CITY:
Lessee shall pay to the City five percent (5%) of his gross receipts
(iiorcinafter defined) or a minimum annual guaranteed amount of Two Thousand
Four Iiundrecl Dollars (.` ., 4op), The percentage surn shall be paid to the City
on, or within, fifteen (15) days after the first day of each calendar month,
and shall include five percent (5%) of the gross receipts realized from the
.sate _c
l' golf b;tils recovered frcm the Mclreese Calf Course water hazards,
If the Lessee elects t9 $1411e449 tht
the Cityts perci titag dross soles aii
the e retosr`ered ;oit,1b411s shall 13e eetiiputed.sn,tlte gross su.les.rigare0:
of the ith.lessee, atvi not on Lesseets receipts froni his Sub.Lea.se
This shill be true iti'anyr sitbtesse clecuritanees whioh Lessee- .'may
,'
arrange as a, resutlt of liis privileges_ g'ratited Lundeithis Agreetrient.
Monthly percentage payments' matte to the City shall, he o.econipa iied byr
ste ►i'ient:of the eevcttues earned during the preceding r,iotith by virtue
of this Agrccr ont.
It is ralso`understood that the Tlot'ieia State Lease Tax on rental
payment (4% at.the tirne..of.preparition of -this docurnetit) 'shall ba:'added,-:
to Lessee's rental payment and forwarded to t.ne City as'a part. of said
paay-riicnt, It ,i.s the intent of the City that it 'is, to rcceive the proposal •
rental a.mot .it as, net,' free and clearer all costs and•charges arising
from'or relating to said demised p• remises.. if at'the end. of cacih year
of operation, the .percentage payments to the City do not equai'any
guaranteed annual amount 'offered by, the Lessee, then the difference.
, 1;etween the two amounts shalt be paid to the City with the percentage
remittance for the preceding month.'
GROSS RECEIPTS:
The term ' gros:s, receipts". is understood to mean all income'
collected or accrued, derived, by the Lessee under the privileges granted::
by this Agreement, excluding amounts of any Federal, State or City saes
tag;, or any other ta.x, collected by LQssec from customers and required
by law to be remitted to the taxing authority. (Lessee shall not assume
any tax liability svhich may be '.equirecl to be collected from the customer,
Pr the anaot..iit ,af .any charges made by reeogniz
for the 4se of their set'vieeP, )
d credit card .companies
Aitc, is Ate) AcleoliNts
.Lessod shall keep 'oh the fdlttise5, bt su li other plate rippreyed
by tho tit? Manager of the City, true, adctleate. and t oynplete records
and acct urTts of 5.11 s�iles and lbusinesa trangadted. troth .tho
preirdiscs
and shall
give a.t;c esS to City's atttht rites represeHtatiVes
during reasonable business flours to etat line and audit such records
arid . aecottktts, l-le shall also furnish such .other statements and reports;
iJIA1 tLY't` tNST;.t ANON .ANb.._iN_1 MNfl?tCATIONt .
The . Les'see shall hot occupy . the premises Under: this Agreement'.: .,
until he has obtained in urance specified below. The Lessee shall
ma&ntSIn g11ch'1 'required insurance In force
-. during
urlhg 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
lriiamt, Florida, through its Property : and Insurance ;itanager.
a. Workmen's Compensation Insurance - as required
by Chapter 440, Florida Statutes.
b. Public Liability Insurance - on Comprehensive 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 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 rnanagernent
X .Glass in accordan
and financ�i�.l strength; A., accordance with. A. M. Best's
Key Rating Guide, Latest Addition.
All insurance policies must be approved by the Lessor,
e:ss e tierciliy ebvctiatit .titl t`� s tbi ilotefidy sift eti ftt
�'iic L �
avid sakfrd liarnilcss the City agetihst atiy s.tid art eltti ns,
1ct:ibtis,, -for tiati� g tis; Lily e..attses ofi nCtiatis .i`isit!tg dtit' ' the've t
t t.-this AtAreetr etit,', life,
Oatitttgo .:property,' sustaiticd b rco of tsf iir ss a 'c ult cif ' this''
-Lessee(its hgffl ts, etlti-ployees or wOilthleti) c:aretest h ss or,
t e.gligc icel tfroni-aiid against my or'ciers; judgments or clec`rees,..,
•which may lie ctttcred°thereon; •aticl. frnt .and against all costs;.,
attorneys fees,, expense and lia.bilities incurred in'the dofense of any such
ctai ns ° and -tlte: investigation thereof.
LICENSES Alvb TA> rS
Lessee shall pay gill taxes required for his operations as provided
for in this Agreement.
(1) Lessee shall further comply with all laws,` ordinances, regulations
and .rules or the reder7:1., Slate, County and City governments which may.
lie applicable to hi,';k opc.nations and. shall obtain' ,all licenses'at his sole.'
cost and expense.
10. PAYMENT OF UTILITIES AND EXPENSES:
The Lessee shalt pay for all expenses in connection with the
operation of the Pro Shop, shall include the .payment of all
utilities excepting water.. and -electricity; shall. furnish ali ' personnel.
tvha shall be qualified..to ;perform. .the duties. assigned and provide
rrminterice of the premises; including air conditioner maintenance,
iaa e
;janitorial service, attd .all other costs and expcn es necessary.. to provide :.
a Ski itab] .e Pro Shop,
shalt ltaVe a neat and` orderly operation tt:alt tikes .Mid ti It
:re4i.tire t s employeeswho ctih9e oti City property to bti eourterius, hdat
and clean appeare.tite, arid to wear suitable identifieatioh by which they
ti'iay be known and distinguished as employees of Lessee, ''here shalt be
no living quarters, tier shall aiiyono be permitted to live iti or coolf wlthltt '
the leased pret`nisct . Lessees 'shalt matte available all areas utioi±r liis,
control for examination at any tithe by the City Manager ot the City or Ms
authorized representative,
Lessee shall confine Ms activities to those.
pursu-a.n't to this cor tr+act•'and shall. not
carry on anyotlicr: business on
City property without specific written authority of the City Manager of
the ;City,'
12. AbVERTISING:
Lessee shall not permit any signs or advertising matter to be
placed in the interior or upon the exterior of the Pro Shop without first
having obtained the written approval of the City Manager of the City;
however, . Lessee may place the usual. or customary merchandising
signs upon the premises without approval, provided that in the event the
City Manager of the City notifies the. Lessee in writing to, remove a.ny
or all of these merchandising signs,
Lessee shall remove same within
the time specified by- the City Manager of the City.
0 PERFORMANCE 3OND;
The City reserves the': right to demand the l-,essee :to ftirni.alt
performance bond in the penal surnof $1, 000 for the payment of which
be Sli;i`1L bind himself for :Ibe f ithful perform, nee of thus Agreement, The
forte of the porforrriance bond shall be as recinired by the City, if demaride�l,
{ $1 000 cash deposit with the City (non Merest bearing) will also suffice
to meet this r".equlrciaient.
No alteration, atIclition or it3i r vettlefit slirttl be :marls to the prettlitest'
.tiy dirt thereof, without first having obtained the written consent of the City
Manager of the City. All requests shall be iti writing, and shall include plans
and specifications pertaining thereto. Auti rued alter:itiont, additiot-01 er
iti- rtivetrients shall be made at the Lessee's expense and shall become the
-.property o: the City at the termination of this Agreement.
15. ftJLE5 AND tttCULATION$:
The Director of Parks and Recreation of the City is authorized to make
reasonable rules and regulations pertaining to the operation of the Mclreese
Golf Course, and any rules and regu1attons enacted by the Director of Parks
and Recreation of tine City shall apply to Lessee's operations, and Lessee hereby
agrees to abide by all rules and regulations which may apply to his operations.
16 NON=DISCRlIvIINATION:
Lessee agrees that there shall be no discrimination as to race, color,
creed or national origin in connection with any of his operations
privileges granted by this Agreement.
17, ASSIGNMENT AND SUBLETTING:
Lessee shall not assign this Agreement or sublet the premises or any -part
thereof, or any other privileges granted by this ,Agreement , 1.vithout first obtain-
ing the prior written consent cif the City Manager of the City.
la INSPECTION OF PREMISES:
Lessee agrees to permit the City Manager of the City, or his designated
under the
representative, 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 the Cii:y's duties and obligations.hereundcr, or in the exercise
of its rights or functions.
19. CITY'S RIGIIT TO CANCEL:
In the event City requires the premises for a public purpose.pr.ior to the
expiration 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 clays after written mice is delivered to Lessee as provided in this
Agreement,
Lr ssde agrees to assutne ii =ig ' iogg, injury or tlatnage
of by kind or ttattirc whattotVer to property titity or tidrOtifteit
fsiadLd oil or within the tsrentisos, arid ail lisle of logs, `injury or
darliage of any kipd or nature what oevtsr to tho eotiteritd ' of the
.prernigeg ° belonging to LesSCo," or 'to atly : goods, ohattels,
tn-archahtlise or tts any other property that may now or Hereafter','
be placed' upon said' tironiises, tvllcther bclongirig to Lessee or
others', .whether said loss, injttry or datnage results "from fire,"
hur ricalnle, rising t n ter, or' !rout arty other cause or conii11gency;
e negligence of the City
and , whether the saint b
eau ed by the
or any of its employees, agents
or otherwise, and to keep
and suits growing out of any
harmless the City from ,all claims
such loss, injury or damage.
Zi.DEFAULT:
In the event Lessee fails to comply with each and every
term and condition of this Agreement," or fails to perform any
of the tcrins and conditions contained herein, or fails to comply
with the written directions of the. City, or the City Manager
the City, within thirty (30) days : after written notice thereof is
given to the Lessee, then the City, at the City's sole option and
without further notice or demand to the Lessee, may cancel and
terminate this Agreement, and said Agreement shall be null
and void and of no further force and eff :.t, and the Lessee
shall forthwith vacate the premises known as the Pro Shop.
LA fVS 113 ."
Lessee cntt.rs into: this Asi'cemc )t recogr i ing tha# . 1 laws
of the' State of 'l.orida -andOrdinances' 'of the City of " M i and
ade ounty, F for da, pertainin to the operation o+ the ro
are Bede 'a part . of this agreernent,, and Lessee agreve .to abide therehy.
Ticast
rarer d agt=r.e;s ' that tit' t otiets utitio? this %grc hhhbfit tt
be given to the tct;sttic frost 1JO in Writing, ati(i 1ia11_ is clef tt ttd
:t
r'voti ��=iit� :tieH ctt_ti iu .i,t rd t a t the Melrees dolt 'lurs ,
�e '. Shop u o,
Miami) Florida) iti dare of the tat ..sst~rr' i.
tiler agrees.'
'titi Lt�3se�. :tu
that ail ' ftntides td Ij► given to the i` ity must be in whiting and
Shall
-. a e served.. -When.
+_ ; ..- -- ; Cl of the Vity,-
li�lllic ilydt7�e�I SLtiretl :t'tt�rl.cli;li�t;itrci Co trio ��.�iee
. Lesst:e"1'tirther
taii� c , C
ty
Dintte
Rey, Mvliatrii, Florida.
agrees that the Cityj, through its City Manager, hail have the
right tci tiosigna.te other plact;s where said written notices shall
be delivered , to . it.
IN WITNESS . WHER OF, the said Parties' hereto caused'
these
presents to' be ct,ecutcd and haVe caused
their :names to
be subscribed to this Agreement the clay and year first above
written.
Signed, Sealed and Delivered
in . the presence . of:
THE CI 7 OF MIA MI,
a Municipal .Corporation,
(SEAL)
City Manager,
7,e/r" £ f` '44e/ �- Attest:
For Lessor 4"? City Clerk
For Lessee
,Ai' R,OVVEl.? AS To CON xENT
Director of 'the ; epartnent
of Parks and Recreation
n
A3ap <,ED AS TO FOlt
CAttorney
AND CO+ .R. CTN SS:"
Lessee
Rt+t:fi.
11t ,:fit 'trtt'.
i l P .ter MtAM1.
i� 1 i..t ,V'V C' f �13 .3 j4"}Ci'Y7�IC/i11'iE�L•t:i;� (1 1 �'ii ,
A� 5ert-i-i i4rward, ttrector.
Departwidnt of Park§ and Itodroation
DA B. April 1917
Moire s d Onif Conr§t f arines szois i
IkostaU L tf o 8k sp) I iti iig
Range
NC LC Urtr_�;
Inclosed is a 'act Sheet on Recommendations of Award
to individuals for operation of the three Concessions at
Melreese Golf Course, consisting of the Restaurant, the
Pro Shop, and the Driving Range.
Also enclosed for your review are three Draft Agreements,
for these Concessions which will have to be forwarded to
the Law Department for review as to form and correctness.
The Agreements reflect the proposed negotiated terms for
each of the respective concessions. The Insurance and
Indemnification Clauses have been reviewed by the Property
Manager, and a Draft Resolution, authorizing execution of
the Agreement, accompanies each of the Proposed Lease
Agreements.
AHH /TLM/dc
encls.
',i ACT 814Et1'
1 coM.M1 th3A`rIoNg.-ON AWAIUi b
`tO SIIDN A`1' MEL1t1 ICS11obis: court.81�
Proposals fdr the concessions at Melreese 001f Course were
received do February 2, 1977. Interviews with the prospective
bidders `mere held at the Parks and Recreation office on
Monday, February 7, 1977. The interviewing team was made
up of Mr. Lew Price, Director of Publicity and TotirisM; Mr.
Robert It. l-Jeggy, Assistant Director for Recreation; and Mr,
Albert Howard, Director of Parks and Recreation.
The proposals for the three concessions at Mclreese Golf Course
Were, made such that an individual could bid on one, two, or
three of the concessions, In this type of comprehensive program,
it was felt the operation would be expedient for the City to operate.
and also secure additional revenue. A thorough investigation was '
made into the background of all bidders to determine their
financial ability, experience, and reliability. This investigation
proved that the individuals, who are recommended, can efficiently
and competently operate their respective concessions.
Other possibilities to operate the concessions were evaluated
including having the Driving Range and Pro Shop operated by the
City. Because of full time salary restrictions, it was determined
that the operation of the concessions by the City could not produce
any more revenue than by a reliable concessionaire. Therefore,
the bids and interviews have proven that in the best interest of the
City, it would be more advantageous to have three separate and
individual concessions.
:There were three bicls for the Driving Range at Melree.sc Golf
Course. Mr. Charles DeLucca, Professional at Melreese bid 14%
with the percentage to be renegotiated for the second, five year option.
Mr. Alfred Massaro bid 22'10 of gross receipts and Mr. Perry Gary
bid 31% of the gross receipts for a five year period to be renegotiated
for the five year. option. .
All three of 'these bibs Wert boriaritle 'prbposai s and all bid t I's
met the qualifications along With fiitarttcial obligations.
Even tiiottgli it is accepted in many areas that a golf pro should
operate a driving rahoe facility, and evert though the City had
honed to attract a rrtore generous proposal by offering the
consolidation of concessions, because of the eicceptiorially
generous offer of Mr. Terry Gary at 31°%0 of the gross receipts,
it is reeOttitnetided that he be awarded the Coif Driving Mange
Concession,
who i _ : li by proposal
was received for . Charles Cho' is presently the Golf �1 rofessilonalt Melreese,� D his rop
'1'Iiis
was for 5% of'the gross receipts, It is recot.-iitnended that Mt
l)etucca continue the operation of the tiro Shop for a period of
fiVe years, with tv'o, 5 .year. options.
There was only one bid fot' the rood Concession, made by Mr.
Tony Molina who is presently the Concessionaire at the. Miami
Springs Golf Course. 1-te has a good track record and it is
recommended that Mr. Molina operate the food Concession at
Melrecse for a five year period with two, 5 year options.
Mr, :Molina will be making a capital investment, along with the'
City which will improve the Clubhouse facility. IIe has agreed
to secure a beer and wine license along with a liquor license.
The percentage to the City would be 5% for the first and second year,
graduating one-half per cent to 51 per cent for the third year and
6% for the last two years of the five year contract and then
renegotiate for the two, 5 year options.
•
These are the unanimous recommendations of the Interviewing .,
Committees.'