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HomeMy WebLinkAboutR-77-0923RESOLUTION NO. 7' A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CHARLES DE ;,i'CC,% „TR. rot: THE OPERATION OF THE MELREESE GOLF COURSE PATIO -RESTAURANT AND LOUNGE, PRO SHOP, AND GOLF COURSE DRIVING RANGE FORA PERIOD OF FIVE YEARS, IN ACCORDANCE WITH THE PERMS AND CONDITIONS CONTAINED IN THE ATTACHED AGREEMEN I, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1, The City Manager is authorized and directed to execute an agreement with Charles de Lucca Jrlor the operation of the Melreese Golf Course Patio -Restaurant and Lounge, Pro Shop and Golf Driving Range for a period of five years, in accordance with the terms and conditions contained in the attached agreement. PASSED AND ADOPTED this 15 day of DECEMBER , 1977. ATTEST: PREPARED AND APPROVED 13Y: Assistant City Attorney MAURICE A. FERRF APPROV D AS 1'0 FORM ANP-CECTNESS: '77 /-1-- ity Attorney MAYOR "DOCUMENT INDEX ITEM NO. CITY COMMISSION MEETING OF OEC ; 5 1977 �,r._ ITEM IBM SECURITY • Patio -Restaurant Driving Ran_' DATE BIDS RECEIVED Nov. 2, 1977 Zuil%�i r , t\an2..e Melreese Golf Course 1'urchnsin BIDDER _ TYPE OF SECURITY AMOUNT FOR ACCOUNTING USE ,terry Ray P.G.A. Professional 1704 Bryan Chillicothe, Mo. 64601 Barry Wood • 821 De Leon Court t it 303 Duncdin,Florida 11528 1)c>n Shoemaker Box 158 N. him svi l lc , Curio 44068 -- Alice Kirby L Associates, inc. 6020 Lc .leunc Rd. Coral Gables, Florida Joseph Thiel 1261 Pine Harbor Pt. Circle Orlando, Florida 32806 Frank Trouato 2817 N.E. 32nd St. Apt 216 Ft. Lauderdale,Florida 3'310 Charles De Lucca r'-' 1 4- 3 Miami,FIorida r �- 1 Food Service International 1351 NW /0 St. Ft. Lauderdale,Florida no bid Received the above described checks this day of FOR ACCOUNTING DIVISION 19 1(4).11 E\ttvri t i:;enuciil lilt! N ). 7t -77-I 52 IN VITA I ION '1 0 STlytikl iL ,SJ \ 1.E1) PROPOSALS ii •• ,lf,Olt OPERATING A PA1 IO-Ri S I A I' RANI :AIM LOl'NC;E AND/Olt Ci PRO-5lic ttkt),C;oLF I)ItIVING RANGE AT I IIE CITY OF M AMI MELREESL GOLF COURSE 1 802 N. 37 AVENUE MIAMI, FLORIDA 33126 Sealed Proposals for uperatini a Patio -Restaurant and Lounge and/or • Pro -Shop and Golf Driving Range located at the City of Miami Melreese Golf Course, 1802 N. W. 37 Avenue, Miami, Florida 33126, will be received by the City Manager of the City of Miami, Florida, not later than 10:00 A.M., 4111.8.6 E. S. 'T., on the 2nd day of November, 1O77. Proposals will be received in the Office of the City Clerk, Miami City Trill, 3500 Pan American Drive, Miami, Florida 33133. Proposal forms, together with necessary descriptive material, are now available and !nay be obtained from the Office of the Purchasing Agent, 3318 Pan American Drive up to 5:00 P.M., E. S. T. , on the 1st day of November, 1977. Joseph R. Grassie City Manager CITY MELREESE GOLF COURSE A.VmHORI ZA T ICfl TO ADVERTISE ' Publication herald-liewo P . 0 . # 97287 DATE: J1-23-'47 Pl ea:,e publish the attached advertisement 1 (number of times) :starting date: 10-6-77 . CLASSIFIED LLi;AL times. Please send notarized proof of publication and invoice to: ACCOUNTING DIVISION, ATT: RALPH PARKS, P. O. Lox 330 703 , UTAHHI, FL. 3313314 For further information contact: S. foicrod telephone no. 579-6330 FORM 7776 CITY ON MIAMI x A; 1U1 I ZAT 1 i,N '1'c) ADVERTISE Publication • MELREESE GOLF COURSE P.O.# DATE: 9-28-77 Pl eu:;e publi.,lr the attached advertisement 1 times. (number of times) starting date: 10-6-77 . CLASSIFIED LEGAL Please send notarized proof of publication and invoice to: ACCOUNTING DIVISION, ATT: RALPH PARKS, P. 0. Box 330708 , MIAMI, FL. 33133 For further information contact: FORM 7776 S. Reigrod telephone no. 579-6380 C I ': 1 CF MELREESE GOLF COURSE Publication DATE: 9-28-77 Please publish the attached advertisement 1 times. (number• of times) starting date: 10-6-77 . CLASSIFIED LEGAL Please stand notarized proof of publication and invoice to: ACCOUNTING DIVISION, ATT: RALPH PARKS, P. 0. Box 330708 , MIAMI, FL. 33133 For further information contact: FORM 7776 S. Reigrod telephone no. 579-6380 CITY OF MIAMI AUTHORIZATION TO ADVERTISE MELREESE GOLF COURSE Publication P.O.# DATE: 9-2t3-i7 Please publish the attached advertisement 1 (number of times) starting date: 10-6-77 . CLASSIFIED LEGAL times. Please send notarized proof of publication and invoice to: ACCOUNTING DIVISION, ATT: RALPI! PARKS, P. 0. Lox 330703, MIAMI, FL. 33133M For further information contact: FORM 7776 3. feigrod telephone no. 579-6380 Levi Advert isetilefil Bid Nu. 76-77-132 INVITATION TO SIJB MIT SEALED PROPOSALS FOR OPERATING A PATIO -RESTAURANT ANI) LOUNGE AND/OR PRO -SHOP AND GOLF DRIVING RANGE AT THE CITY OF MIAMI MELREESE GOLF COURSE 1802 N. W. 37 AVENUE MIAMI, FLORIDA 33126 Sealed Proposals for operating a Patio -Restaurant and Lounge and/or Pro -Shop and Golf Driving Range located at the City of Miami Melreese Golf Course, 1802 N. W. 37 Avenue, Miami, Florida 33126, will be received by the City Manager of the City of Miami, Florida, not later than 10:00 A.M. , E. S. T. , on the and clay of November, 1977. Proposals will be received in the Office of the City Clerk, Miami City Hall, 3500 Pan American Drive, Miami, Florida 33133. Proposal forms, together with necessary descriptive material, are now available and may be obtained from the Office of the Purchasing Agent, 3318 Pan American Drive up to 5:00 P.M., E. S. T., on the 1st day of November, 1977. Joseph R. Grassie City Manager 43 Joseph R. Grassie City Manager j, { Albert . Howard, Director Department of Parks and Recreation 1r, November 30, 1977 Melreese Golf Course Con- cessions, Restaurant, Pro -Shop and Driving Range Proposals for the concessions at the Melreese Golf Course were received on November 2, 1977. Seven bids were submitted with two proposals bidding for all three concessions and the other five vying for one or two facilities of the total package. All bids were evaluated with consideration given to experience, revenue to the City, and knowledge of golf course operation. To streamline the Melreese Golf operation one concessionaire, for all three facilities, would prove to be more expedient, efficient, and in the best interest of the City. rwo such proposals were submitted; one from Charles De Lucca, Jr., the present professional, and one from Joseph W. Thiel of Orlando, Florida . Mr. De Lucca submitted a bid which included a guarantee of an annual income at the Pro Shop and Driving Range. This guarantee will exceed the percentage submitted by Mr. Thiel. Mr. De Lucca also submitted a guarantee that he would make the required invest- ment to improve the Driving Range and the Food and Beverage area. Mr. Thiel made a similar proposal but in evaluating the scope of our golf operations, and revenue to the City, the bid by Mr. De Lucca would be more beneficial for the Golf Course and the City of Miami. THEREFORE, IT IS NOW APPROPRIATE THAT THE PARKS AND RECREATION DEPARTMENT RECOMMEND THE OPERATION OF THE RESTAURANT, PRO-SI-IOP, AND DRIVING RANGE CONCESSIONS BE AWARDED TO MR. DE LUCCA. AIIH/vsd encls. MVlelreese Golf Course Proposals for Pro Shop, Restaurant -Lounge and Golf Driving Range Supplemental Information Seven (7) bids were received November 2, 1977. Of these seven bids, all seven proposals bid were for the Pro Shop and Driving Range, and only two submitted a proposal for the Restaurant -Lounge area. The two submitting bids for the Restaurant -Lounge area combined their proposals for all three golf operations. There were no separate bids for the Food Concession. In order to have a viable operation the Pro Shop and Driving Range must be supplemented with the operation of the Food Concession. In evaluating the bids this was taken into consideration. Mr. Frank Trovato of Fort Lauderdale, submitted a bid that was not acceptable because his proposal was based on his leasing of the golf carts. This was not part of the proposal. Mr. Donald Shoemaker from Kingsville, Ohio, submitted a bid which was not acceptable because he did not meet the requirements of stating a guaranteed improvement to the Driving Range. Mr. I3arry Wood from Dunedin, Florida, submitted a bid for the Pro Shop and Driving Range and although his percentage was S150 per year higher than that of Mr. Delucca, for the Pro Shop and Driving Range, Mr. Wood's proposal did not present as many investments as would be made by 'Mr. llelucca, neither did Mr. Woocl stipulate his intention to promote youth and junior ,golf clinics at his own expense. Mr. Jerry Ray of Chillicothe, Missouri, submitted a proposal but his totals were below that of Mr. Delucca's, combining the Driving Range and Pro Shop. His percentage was based on past performance of the Melreese Golf Course. Also Mr. Ray's guarantees were not as comprehensive as Mr. Delucca's. Mr. Perry Gary of Coral Gables, Florida, submitted a bid for the Pro Shop and Driving Range which exceeded Mr. Delucca's proposal fof' these two facilities by $650. However, Mr. Gary's proposal was not as comprehensive as Mr. Delucca's, nor did he guarantee as many improvements and installations of the Driving Range as did Mr. Delucca. Mr. Gary did not refer to any programs he would offer to be used for junior golf nor was his professional teaching staff comparable to Mr. Delucca's. Mr. Joe Thiel of Orlando, Florida, submitted a bid for the Pro Shop, Driving Range and Concession Stand. His proposal for the Driving Range and Concession Stand was lower than that of Mr. Detucca by $300. 'vIr. Thiel's proposal for the Food Concession for the initial year was higher than Mr. Delucca's by some Si, 200. When combining the three Concessions, Mr. Thiel's proposal was higher than that of Mr. Detucca by $900. However, after the third year of this Agreement, Mr. Delucca's proposal for the ensuing years of the Agreement, 5 years with a 5 year option, \gill be greater than Mr. Thiel's. Mr. Thiel's proposal, overall, vas similar to Mr. DeLucca's but the guarantee of income by Mr. Delucca will be in the best interest of the City. Mr. Charles Delucca of Miami, Florida, submitted a proposal for all three facilities, Which would guarantee the City annual income at the Pro Shop and Driving Range and the 7-", to 10",;: revenue for the City from the Foocl Concession. His guarantees for the Driving Range and Clubhouse improvements met all of the rec,uirements of the proposal. I-Ie has also guaranteed the City that he will conduct clinics and instructions free of charge for youth and junior golf. These programs will be scheduled and coordinated with his cooperation through the Recreation Division. In evaluating the bids of Mr. Thiel and Mr. Delucca, it was determined that overall Ivlr. Delucca's proposal would be the more advantageous to the City of Miami. Percentages were based on the average income at each of the three Concessions; $29, 000 per year at the Driving Range; $50, 000 per year at the Pro Shop; and $41, 000 per year at the Food Concession. $ 285.92 $ 285. 92 $3, 947. 92 ME1,REESE GOLF COURSE DRIVING RANGE (Dick Pearce) ELEVENUES - FIVE YEAR COMPARISON 6-15-1971 - 5-30-72 6-14.73 6.14.74 6-14-75 6-1,4-76 Totals 1975-76 June 15-31 1975 July August Septembe r October November December January, '76 Totals 7ebruary '76 March April Totals May '76 June 1-15 Grose $ 25, 785. 37 30, 858. 75 31, 240.06 32, 624. 62 29, 227. 27 $149, 736. 07 Revenues 17 & 18% 14% 31% 17%-$ 4,383.50 14%-$ 3,609.90 31%$ 7,993.35 I' 5,245.98 4, 320. 12 9,565.98 1856.- 5,623.29 4,373.60 9,684.40 II 5,872.43 4,567.36 10, 113. 44 5,260.91 4,091.78 9,060.37 $ 879.50 1,721.39 1,765.00 1,762.55 1,659.95 2,007.87 2, 151. 40 3 068. 28 $15, 015. 94 $3, 904. 70 4,585.21 3.232.91 $1 1, 722. 82 $ 2,707.70 948.75 Totals $ 3, 656.45 Grand Totals $30, 395.21 $26, 386. 11 $20, 962. 76 $46, 417. 54 18% * 76-77Revenues 14%'• $ 152.22 $1, 256. 60 297.93 2,402.97 305.48 2,039.11 305.06 1,501.62 287.30 1,897.95 345.51 2,113.00 371.36 1,898.80 531.24 2, 659.34 $2, 597. 10 $15, 769.39 $ 675.81 793. 59 559. 55 12,028.95 $ 468.65 164. 21 $ 3, 654. 44 4, 160. 59 2, 573. 52 $ 175.92 336.42 285.48 210. 12 265.71 295. 82 265. 83 372.31 $2, 207.6 1 $ 511.62 582. 48 360. 29 $10, 388. 55 $1, 454. 39 $ 2, 042. 32 $ 632.86 $ 2,042. 32 $5, 258. 91 $28, 200. 26 * Interim operation of Driving Range assumed by Mr. DeLucca 4, 167. 91 3, 667. 28 3,172.28 2,928.74 $ 208.39 183. 36 158.61 146.44 MELREESE GOLF COUltSE 1'1t0 SIIOP CHARLES DE LUCCA Revenues - 5 Year Comparisons Year Pro Shop Sales 5% City (tent 1972 $ 73, 483. 61 $ 3, 674. 18 1973 47, 556. 25 2, 377. 81 1974 47, 651. 32 2, 382. 57 1975 39, 250. 46 1,962.5Z 1976 53, 698. 65 2,684.93 Totals $261, 640. 29 $1 3, 082. 01 Monthly Breakdown October 1975 through September 1976 October 1976 - January 1977 October - 1975 $ 3,362.5Z $ 168.13 $ 3, 100. 33 $ 155.02 November 3, 11 3. 03 1 55. 65 3,982.64 199.13 December 4, 795. 75 239.28 3,679.40 183.97 January - 1976 5. 780.40 289.02 3, 035.20 1 51. 76 $17, 051. 70 $ 852. 08 $1 3, 797. 57 $ 689.88 F'ubruary $ 8,632.69 $ 431.63 '• $ March 7, 014. 89 • 350.67 April 4, 641. 89 232.09 May 3, 795. 47 189.77 June 2, 842. 95 142.14 July 3, 682. 92 184. 40 August ' 3, 763. 81 188.19 September 1 , 776. 00 80.60 Totals $36L 150.62 $ 1, 799.49 $53, 202. 32 $ 2,651.57 - c.,,, 4•10^aattr. bv the C ty C,-,,,,trission, TABULATION OF BIOS FOR MELREESE CONCESSIONS M. M. City 011Kil City ZIIPA, C4ft 0/ .41,3rril A. C:01,C15 :II P. perry Gary 1 Joseph Thiel Chas. Delucca I Jerry W. Ray i Frank .frova.to :Don Shoemaker Barry Wood ..; ....:• . uer., • E 4 : t4 - :: 4"C. ^' ' . I I Ittoc_lar., 4.4 Unit Pric e Total i un,. z-,. Ur1.1 1 11^'' •• •...4n.. Total ol ,s ?r,:r Tatt' tict Total 0, , 1• ... 'r.i. Pr.c• / ;oral ?•.c• r,•,., ' I I t I1 1— ' P.n.., SI' c•4-. i-,tr,-, 1 :_',','i, ' 13, 000 01. a rantee i .5'.0 to •30, 000 ! $300 n onth 1 5 '-',.c. of lg. raF s ; '.c. of fgross . ) against 5'7c. of I 770 to 1i-J-36,0CT0i 30To goilf lesson: 1 I I gross soles 1 10(.0 ove 100,000 15Ggal shop } I sa.Iels , 1 i 1 i - —1 (j" 1-larante 10'3,-to ...11-,, 000 I 307e gr ss ; 15'7,-5 of 1.-ross 1-:;• -1-------„, ....:, ; I I 14 - It dear 1 . . . . .' D-' 7 0 ovtir $15, 000 saleLi . I i- I '.) 't; - Z :id year ' 1 , t - rd year 17-;0 thereafter ; • 1 ; — • Cess:---,-; Starr,' --1 1061,1 Food is: 1-2,evera Ile-- i I 7 -:,- - :: - St year _ . - . Il d V (' i'- I- : : ----, -4 1 10'7 the "eafter i • , . • ' . , . 1 , ; , • . . , I 1 . , 1 ; 7 , CITY OF MIAMI AND LEASE AGREEMENT FOR THE MELREESE GOLF COURSE PATIO -RESTAURANT AND LOUNGE PRO SHOP GOLF DRIVING RANGE THIS LEASE AGREEMENT, entered into this day o 1977, by and between the CITY OF MIAMII, a Nlunicipal corporation of the State of Florida, hereinafter referred to as the "CITY", and hereinafter referred to as 'LESSEE WITNF_cETI1: WHEREAS, the Commission of the City of Miami by the adoption of Resolution No. authorized the City Manager and the City Clerk to enter into an agreement with for the operation of the Melreese Golf Course Patio -Restaurant and Lounge, Pro Shop, and Golf Driving Range, including his services as golf course professional; NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained to be observed and performed, the parties hereto convenant and agree as follows: 1. DESCRIPTION OF TI-IE PRE\MISES: Lessee is authorized to use the designated areas of the Melreese Golf Course and Clubhouse known as the Patio -Restaurant and Lounge, the Pro Shop, and the Golf Driving Range. The Patio -Restaurant and Lounge area is shown in Exhibit ''A. " The Pro Shop area is shown in Exhibit "73. " The Driving Range is legally described as follows: Starting at the intersection of the center lines of N. W. 37 Avenue and N. W. 18 lerrace, 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, CITY OF MIAMI AND LEASE AGREEMENT FOR THE MELREESE GOLF COURSE PATIO -RESTAURANT AND LOUNGE PRO SHOP GOLF DRIVING RANGE INDEX TITLE: AGREEMENT : z 616 . :4 PAGE NO. WITNESSETH CLAUSE 64 ► . ► a r s 11 1. DESCRIPTION OF PREMISES. • ► 1 , ► r 2. TERM . . . . . . ► i ► ► 4114 3, CONDITIONS SUBSEQUENT. . . ► ► ► . z ► , ► , ► 4. USE (a) (I)) - (c) . 4 . ► 66 614 5. HOURS OF OPERATION ► 6. RENTAL SUM-1 PAYABLE TO CITY (a) (b) & (c). 7. GROSS RECEIPTS 8. RECORDS AND ACCOUNTS (a) (b) & (c) 9. IMPROVEMENTS, EQUIPMENT AND FURNISHINGS (a) & (b) • 10. CONSTRUCTION BOND 10 11. PERFORMANCE BOND 12. LIABILITY INSURANCE AND INDEMNIFICATION (a) & (b) . 13. OWNERSHIP OF IMPROVEMENTS 14. PLEDGE OF LEASEI-IOLD INTEREST. . . . . . 15. HOLD HAR\1 LESS. . . . . . . . . . . . 16. LICENSES AND TAXES. . . . . . . . . . . . 17. PAYMENT OF UTILITIES AND EXPENSES . . . 18. BUSINESS CONDUCT . . . . . . . . . . . . . 19. ADVERTISINGG. . . . . . . . . . . . . . . . 20. BURGLAR ALARM 21. ALTERATIONS OF PREMISES 22. RULES AND REGULATIONS. . . . . 23. NON- DISC RIMINA TION 24. INSPECTION OF PREMISES. . . . . 25. MAINTENANCE OF PREMISES. . . 26. RISK OF LOSS 27. DEFAULT . . . . . . . . .• . . . 28. LAWS APPLICABLE . . . . . . . .. . 29, ASSIGNMENT AND SU13LETTING 30, CITY'S RIGHT TO CANCEL .31, WRITTEN NOTICES IN WITNESS \VIIEREOF CLAUSE • !et • SIGNATURE PAGE • • • • • • • • • • • • • 9 17 TINS LEASE AGREEMENT, entered into this day of 1977, by and between the CITY OF MMIAMI, a Municipal corporation of the State of Florida, hereinafter referred to as the "CITY", and hereinafter referred to as 'LESSEE": \1'ITNF_SSE11-i: iVHEREAS, the Commission of the City of Miami by the adoption of Resolution No. authorized the City Manager and the City Clerk to enter into an agreement with for the operation of the Melreese Galf Course Patio -Restaurant and Lounge, Pro Shop, and Golf Driving Range, including his services as golf course professional; NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained to be observed and performed, the parties hereto convenant and a,,ree as foiiows: 1. DESCRIPTION OF 'IIIE PREMISES: Lessee is authorized to use the designated areas of the Melreese Golf Course and Clubhouse known as the Patio -Restaurant and Lounge, the Pro Shop, and the Golf Driving Range. The Patio -Restaurant and Lounge area is shown in Exhibit "A." The Pro Shop area is shown in Exhibit "73. " The Driving Range is 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, Z90 feet more or Less, to an existing tree line, a distance of 830 feet mare 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 ffeet more :or less, then run easterly along the north edge of pa raking lot, 140 feet more or less, to the point If beginning, tonether with structures situated thereon. And, for purposes of golf ball recovery, Lessee shall also have access to the Melreese Golf Course water hazards at such times as are agreeable with the golf course manager. L. TERM: 'The term of this Agreement shall be for a period of five (5) years commencing on the terminating on the clay of , 1977 and day of ,19 The Lessee shall have the right to renegotiate to extend the Agreement for one (1) additional period of five (5) years. At the close of this period, the City may, at its sole option, agree to offer the extension of one (1) additional period of five (5) years provided that, in the opinion of the City, the Lessee has shown sufficient basis for extension of the Agreement in terms of investment in alterations and improvements to the leased premises and in terms of offering superior service. Lessee shall take possession and begin operations within ten (10) calendar days after execution of the lease agreement. 3. CONDITIONS SUBSEQUENT: (a) Liquor License: Lessee shall promptly apply for a liquor license from the appropriate governmental authorities. This lease shall be specifically conditioned upon the issuance of a liquor license to the Lessee permitting only the dispensing and sale of alcoholic beverages on the premises for consumption on the premises. Lessee shall use every reasonable effort and due diligence to fulfill this condition. Upon termination of this lease for any cause whatsoever, the licenses, including liquor license, shall become the property of the City of Miami, its successors or assigns. (b) Continuity of Food Service: Lessee shall promptly equip, furnish and operate the existing food concession facility to provide a continuity of food and beverage service to patrons during alteration and construction of the new facilities and until such time as new facilities can be placed into operation. USE: (a) Patio -Restaurant and Lounge: Lessee shall use the prescribed premises for the sole purpose of constructing, equipping" furnishing, and operating a Patio -Restaurant and Lounge Facility, as herein defined, and for purposes incidental thereto, and for no other purpose whatsoever, the latter subject to the written approval of the City Manager. The operations as authorized upon the premises shall be designed primarily to serve the golfing public, and all other food and beverage business shall be subordinate to the service to be provided the golfing public. Lessee agrees that it will operate and maintain the Patio -Restaurant and Lounge authorized herein in such a manner as to provide quality of service, food prices, food and beverages and management, and the operation shall be of such quality as to compete favorably with similar operations of golf course clubhouses in the Dade County area. Lessee shall operate and maintain service units for the purpose of dispensing food, tobacco, and beverages at specific locations upon the golf course known as the City of Miami Melreese Golf Course. The type of service unit, the food, tobacco and beverages to be dispensed therefrom, and the specific locations at which these service units will be operated shalt be as approved in writing by the City Manager of the City, provided, however, that the Lessee shall submit written proposals to the City Manager for consideration. (b) Pro Shop: All golf lessons conducted at the Melreese Driving Range will be the sole responsibility of the Golf Professional and Staff at the Melreese Pro Shop. No other individual will be permitted to provide lessons. Lessee shall use the premises known as the Pro Shop and, in this connection, shall completely equip and furnish said Pro Shop, and shall - 3- obtain at his own expense all merchandise offered for sale and all items necessary to operate a Golf Pro Shop. He shall have the exclusive privilege at Melreese Golf Course of offering golf equipment, supplies, and clothing for 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 water hazards at Meireese Golf Course, subject to City approval of the method of recovery or type of equipment to be employed and, in this connection, Lessee shall completely equip and supply said golf ball recovery operation. The City, or other lessees of the City, will retain all revenue from green fees, rental of hand and electric carts, and from other operations specifically granted to other lessees. The Pro Shop Lessee shall conduct no operations which conflict with those conducted by the City itself or are specifically granted to other City lessees at Melreese Golf Course. (c) Golf Driving Range: Lessee shall use the premises for the sole purpose of providing those goods, services, facilities and equipment esstential to the operation of a Golf Driving Range and for no other purpose whatsoever. Lessee agrees to provide, in the area indigenous to the Golf Driving Range, a space for the use of giving public Golf Lessons. Golf Lessons will be rendered by the golf professional operating the Melrecse 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 Leisure Services. During. t`r,'_ term of this Lease :r'eement the Patio -Restaurant, _.t�_. . .. properly c� ., �c� ,t�_ Driving ire. . ,..,�,�_' shall he nand staffed all times that t'rio (Jol ' Course i:., .'i;en the public. The at_ o-R stair trant and T::_/unge "1nd Pre hop shall ^ i se when the Golf Course Ui'Sr. .'.l'_'.s'.':i. The D1'1•: is Range may be r. .,, i'rnit :e'i to operate until 1.1:3c p.m., at. ;;hi'_'h time it shall be comple,ely closed down. The operation )i ":, Lounge shall conform to the appropriate ordinance regulations concerning sale of liquor and nothing herein contained sh ..1i beconstrued o h. ;-co.1`raryto thelawsgoverning such operations. Any char -es in hours of operation o ^^11 rc..' �L�il1 .i1 the Patio - Restaurant, 1.: _)ti: ;�', , Pro .,bc `Jr D ' . _.:1:r Range are subject to approval of the City h:any ger. 6. RE.''._. Pr_..__. ^?m, (a) -Re: . •:rrat _ and Lessee shall pay to the City seven andOne-..___f Percent ( 1 /2`") of his gross receipts (hereinafter defined) for 1st_ year, EiEht and One -Half Percent (8 1/25) of his receipts t ^ 2e Percent c gross ..�:1T...,. for the _:i�7 year, and 7 t' ien (105) 02 his gross receipts thereafter. (b) Pry Mop: Lessee shall payto the City Five Percent (5 ) of hiss gross receipts (hereinafterdefined) or a minimum annual rra�r _d ; ((f T r - Thousand Dollars = 0 is �v.er amount guaranteed Tv +' .. amount 4'1.' 1:1 r.; .. lil� _1.7j l♦ ter, ll �..O , whichever Y 1 is t:he greater. The percentage sum 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 realised from the sale of golf balls recovered from the elreese` Golf Course rater he:rar'ds. If the Lessee elects to sublease the privilege of golf ball reo'very, by virtue of permission granted by the City Manager, :he �L�. .'i s pert"ent' age of gross ..!, le . ('In these recovered golf balls •ShaUb.. e mr.)uted on the gxesS sales figures of t2"i`°.. Sub -Lessee, and ssee's rr''eipt.., from his Sub -Lease. T2 is shall be true in "7n; sublease circumstance'. : h:L ch see may 'arrane is •_i result ut' his. privileges granted under this Agreement, v: gin`: hly percentage payments r, a its to the Ci ty shall be accompained t merit, of the revenues earned duringthe r, ce rmonth virtue of this Agreement. If, at the end of each year of operation, the pe1,,,ento. payments;he City do not nu;a_; the guaranteed annu '1 l i� - tv y M ll y t-, - tam �i 22� .,1f 1 .: 2'•: '� i.�y tt�i3 _J .-•J. i� j t/v'rl .. n:. ���1 l `�'i t�rLt] b� 1, ileen vhH.'. two t. shall ue paid to the City with the percentage remittance for •the, preceding month. (c Driving Range: Less.e shall pa;, to the City Fourteen Percent fit' o f his l._ r 1 ' t� t defined) �r the t' year, (1 ♦, ) 1 S gross re' ,o (hereinafter fl �st, ;��' , Percent �- r 1 s r e y 1 year, l Fifteen 1 � _� : ., s � �, .. t � ' �� r t. h r 2 2 : a y t. a T , Sixteen i�er'• :n!' ( 16,• ) ' �' s receipts 'i for the <rri Seventeen . _� .. _ of his �I .:r- !, .3 c _ _ ,. year, ana t_ _� ,f_en .Percent (1of thereafter t' 1 annual <�l' 't'n� � i•� hi:., �='I'-��� "'F"�ii'i�, tCi I �E r GI minimum 3T"il ua guaranteed amount of Five Thousand Six Hundred Dollars ($" , 600) whichever amount is the greater. The percentage sum shall be paid to the City on, or within, fifteen (la) days after the first day of each calendar month. Said payment shall be accompanied by a state- ment of ..he revenues }Warn' u durin the preceding month by virtue of the Lease Agreement. If, at the end of each year of operation, the percentage payments to the City do not 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. 7. CiIiQ:,.1 RECEIPTS: The term "gross receipts" is understood to mean all income cc1lected or ancruod, derived by the Lessee under the privileges granten by this Agreement, excluding amounts of any Federal, State or City sale ::}, �T any other tax, collected by Lessee from I custo- mers and required by law to be remitted to the taxing authority, (Lessee shall not- :t3st1!.':e 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, ) It is als:) understood that they Florida State Lease Tax on rental payment (4'"• at the time if preparation of this document) swill be added to Lessee's rentat payment and forwarded to the City as a part :of said payment. 1t is the intent of the City that it is to receive the proposal rental amount as net, free and clear of all costs and charges arising from or relating to said demised premises. 8. 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 sates and business transacted from the premises, and shall ,give access to the City's authorized representatives during reasonable 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, at his own sole cost and expense, cash registers for use at the Patio -Restaurant and Lounge, the Pro Shop, and the Golf Driving Range which will furnish a receipt to the customer and also contain a tape receipt of all sales and transactions at said facilities. (c) Lessee shall collect all green fees and golf cart rental fees in the Pro Shop. 9. IMPROVEMENTS, EQUIPyIENT, AND FURNISHINGS: (a) Patio -Restaurant and Lounge: It is understood and agreed that the Lessee, upon execution of the Lease Agreement, shall accept the leased property "As Is", and shall make alterations and improvements to the areas of lease as shown in Exhibit "A" at his own expense, and with the prior approval of the City Manager of the City of Miami, as follows: (i) The cost of alterations and improvements to the Patio -Restaurant and Lounge will represent an investment of no less than Ten Thousand Dollars ($10, 000), and will be accomplished within a -7- a period of ninety (90) days upon approval Df the Final Working Drawings and Specifications by the City and the Lessee's notification to the City Manager of commencement of construction. llie City likewise agrees to make an investment Ut no Less than Ten Thousand Dollars ($10, 000), for alterations and improvements to the Patio -Restaurant and Lounge. (ii) . Within thirty (30) days after the Lease Agreement is signed, the Lessee shall submit to the Lessor Schematic Plans. Thirty (30) days after approval by the City of Miami of the Schematic Plans, Final Working Dra\vings and Specifications shall be submitted. Upon approval of the Final tVorking Drawings and Specifications by the City, thirty (30) days \vill be allowed for the permitting of plans and the commencement of construction. The City Manager shall be notified in writing of the commencement of construction, and the Lessee shall be permitted three (3) months from said date for the construction of the improvements. The Lessee shall be solely responsible for complete telephone service of the facility. All improvements of Lessee shall be made solely at Lessee's cost and expense and shall be performed in a good workmanlike manner in accordance \with sound construction practices. Lessee shall keep the Premises and said improvements free and clear of liens of labor and material and shall hold Lessor harmless from any responsibility in respect thereto. (iv) The Lessee agrees that the plans for alteration and improvements will include but not be limited to fully equipping and renovating an area large enough to provide food preparation of first-rate quality; redecorate the main dining area to fit the motif of the Pro Shop by panelling the walls, carpeting the floor, adding attractive lighting fixtures and a room divider; operation of an outdoor patio -dining area with overhead roofing and screened wall (b) panels; :operation of a cocktail Lounge separate from the main dining and patio area in which a full service bar would be installed :tnd•provision 3f furnishings for the dining, patio, and lounge areas fitting the decor and style of a club atmosphere. (v) The Lessee agrees to :)ffcr a f3od and beverage menu and price schedule for approval by the City prior to its use at. the Patio- Restaurant and Lounge. It is generally understood and agreed that the menu will offer a variety of "deli -type' sandwiches, salad • plates and hot place selections, breakfast items, pastry and snacks, as well as all types of soft drinks, liquor, beer and wine. Golf Driving Range: It is understood and agreed that the Lessee shall accept the leased property "As Is", and shalt upon execution of the Lease Agreement, make alterations and improvements to the areas of lease known as the Golf Driving Range, as follows: (i) The cost of alterations and improvements to the Golf Driving Range and Building will represent an investment of no less than Seven Thousand Dollars ($7, 000) and will be accomplished within a period of ninety (90) days from the date of execution of the Lease Agreement. Clean and paint the Driving Range Building, replace lights and fixtures on the range where needed; resod grass tees, provide professional golf equipment to customers (men's, women's and juniors' equipment); provide high compression, quality golf balls in ample quantity; install a new Witteh Model W-70 Commercial Type Ball Washer; maintain two (2) ball pickers and two (2) electric golf carts to pull them at all times; maintain yardage markers and target flags; continue to expand junior and youth development programs on the Driving Range and Golf Course; install all new Witteh Deluxe Model-1860-70 Tee flats and replace as required; install new ten -foot (10') high fence to separate mats from grass tees; and maintain superior staff of teaching professionals to give lessons and assist in operating the Driving Range. -9- Prices tD be charged by the Lessee for use of the Driving, Range shall be conspicuously posted at the Drivin2T Range and shall be kept current at all times. Lessee's initial charges to customers using the Driving, Ranee shall be: (1) Warm-up basket (approximately 23 balls) - $ .60 (2) Regular basket (approximately 65 balls) - $ 1.25 (3) Large pail (approximately 118 balls) - $ 2,30 Lessee shall maintain the above mentioned charges but may, upon approval of the Director of the Department of Leisure Services, alter the amount of balls offered to effectuate a profitable increase in revenue. 10. CONSTRUCTION BOND: Lessee shall, prior to commencement of construction on the Patio - Restaurant and Lounge facilities, furnish Lessor a surety bond naming Lessor and Lessee as the Principals and Owners, covering 100gio of the cost of constructing the improvements, including labor and material. 11. PERFORMANCE BOND: The City reserves the right to demand the Lessee to furnish a performance bond in the penal sum of Two Thousand Dollars ($2, 000) for the payment of which he shall bind himself for the faithful performance of the written Lease A<,reement. The form of the performance bond shall be as required by the City. If demanded, a Two Thousand Dollar ($2, 000) cash deposit with the City (non -interest bearing) will also suffice to meet this requirement. 12. LIABILITY INSURANCE AND INDEMNIFICATION: The Lessee shall not occupy the premises under this Agreement until he has obtained insurance specified below. 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 Manager. a, Workmen's Compensation Insurance - as required by Chapter 440, Florida Statutes. -10- b: Public Liability, Including Products Liability, Insurance - on Comprehensive basis, in amounts not less than S300,000.00 per occurrence for Bodily Injury, and S50, 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 clo 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 A. M. Best's Key Rating Guide, Latest Addition. All insurance policies must be approved by the Lessor. 13. OWNERSIIIP OF IMPROVEN1ENTS: All improvements, furnishings, and equipment constructed or installed on the Premises by the Lessee, shall be personal property and Lessee shall have legal title thereto during the term of this lease. Upon the expiration or termination of this lease, title to all permanent improvements constructed on the Premises shall vest in Lessor. 'Title to all supplies, furnishings, inventories, removable fixtures and removable equipment and other personal property shall remain in Lessee, and Lessee shall have the right to remove such items, excepting Licenses, from the Premises unless Lessee is in default hereunder. Should the the Lease Agreement(s) be cancelled by the City prior to the term of lease, the City will negotiate fair compensation to the Lessee for realty improvements which would generally be thought of as non -removable. 14. PLEDGE OF LEASEHOLD INTEREST: Lessee may from time to time pledge his leasehold interest as security for any bona fide loan or loans from reputable lenders or Lending institutions, but not beyond lease term. Leasehold interest shall not include public land. Copies of all agreements and legal instruments pertaining thereto involving the pledge of the leasehold interest as security, as contained in this paragraph, shall be furnished to the City Manager of the City. 15. HOLD IiARMLESS: The Lessee hereby covenants and agrees to defend, indemnify and save harmless the City against any and all claims, suits, actions, for damages, or -11- 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 auents, 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, attorneys fees, expense and liabilities incurred in the defense of any ' such claims and the investigation thereof. 16, LICENSES AND TAXES: (a) Lessee shall pay all taxes required for his operations as provided for in this Agreement. (b) Lessee shall further comply with all laws, ordinances, regulations and rules of the Federal, State, County and City governments which may he applicable to his operations and shall obtain all licenses at his sole cost and expense. 17. PAYMENT OF UTILITIES AND EXPENSES: The Lessee shall pay for all expenses in connection with the operation of the Patio -Restaurant and Lounoc, Pro Shop and Golf Driving Range, which shall include the payment of all utilities excepting water and electricity at the Patio -Restaurant and Lounge and the Pro Shop, and excepting water at the Golf Driving Ranee; shall furnish all personnel, who shall be qualified to perform the duties assigned; and provide maintenance of the premises, including air conditioner maintenance, janitorial service, and all other costs and expenses necessary to provide a proper and suitable Patio - Restaurant Lounge, Pro Shop, and Golf Driving Range. 18. BUSINESS CONDUCT: Lessee shall have a neat and orderly operation at all times and shall require his employees who come on City property to be courteous, neat and clean in appearance, and to wear suitable identification by which they may be known and distinguished as employees of Lessee. There shall be -12- • no living, quarters, nor shall anyone be permitted to live in or cook within the teased premises. Lessee shall make available all areas under his control for examination at any time by the Gity Manager of the City or his authorized representative. Lessee shall confine his activities to those pursuant to this contract and shall not carry on any other business on City property without specific written authority of the City Manager of the Gity. 19. ADVERTISING: Lessee shall not permit any signs or advertising matter to be placed in the interior or upon the exterior of the Patio -Restaurant and Lounge, Pro Shop, and Golf Drivinu Ranue 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 any or all of these merchandising signs, Lessee shall remove same within the time specified by the City Manager of the City. 20. BURGLAR ALARM: The Lessee shall provide for and maintain a recognized burglar alarm system in the Pro Shop. 214 ALTERATIONS OF PREMISES: With exception of the provisions of Paragraph 9 of this Agreement the Lessee shall make no alteration, addition or improvement to the premises, or any part thereof. without first having obtained the written c-Jnsent of the City Manager of the City. All requests shall be in writing and shall include plans and specifications pertaining thereto. Authorized alterations, additions or improvements shall be made at the Lessee's expense and subject to the conditions as specified under Paragraph 13 of this Agreement. The City reserves the right to make any adjustments, modifications, additions or deletions to the clubhouse facility. The City will make every effort not to interfere with the Lessee's operation. However, under no circumstances would action taken by the City relative to the maintenance or adjustments to the facility constitute grounds for extension or adjustment of this Agreement. 22. RULES AND REGULATIONS: The Director of the Department of Leisure Services of the City is authorized to make reasonable rules and regulations pertaining to the operation of the Melrcese Golf Course, and any rules and regulations enacted by the Director of the Department of Leisure Services of the City shall apply to Lessee's operations, and Lessee hereby agrees to abide by all rules and regulations which may apply to his operations. 23. NON-DISCRIMINATION: Lessee agrees that there shall be no discrimination as to race, color, creed or national origin in connection with any of his operations under the privileges granted by this Agreement. 24. INSPECTION OF PREI\IISES: 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, 25, MAINTENANCE OF PRFMMISI�;S: At the time the LuSSt)e commences to operate the Patio -Restaurant and Lounge, the Pro Shop, and the Golf Driving Range, said Lessee shall provide personnel and equipment and shall immediately be responsible for maintaining the leased premises in a clean condition, including the tables of the patio area, and which shall include the grounds being neatly trimmed, grass cut and the area free of debris. Lessee shall further continue to maintain the leased premises during the term of this Lease Agreement in the salve manner and in conformity with the same standards that the operation of the Melreese Golf Course is presently maintained. 26. 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 others, whether said loss, injury or damage results from fire, hurricane, rising water, or from any other cause or contingency, and whether the same be caused by the negligence of the City or any of its employees, agents or otherwise, and to keep harmless the City from all claims and suits growing out of any such loss, injury or damage. DEFAULT: In the event Lessee fails to comply with each and every torte and condition of this Agreement, or fails to perform any of the terms and conditions contained herein, or fails to comply with the written directions of the City, or the City Manager of the City, within thirty (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 effect, and the Lessee shall forthwith vacate the premises known as the Patio -Restaurant and Lounge, Pro Shcp, and Golf Driving Range. 28. LAWS APPLICABLE: Lessee enters into this Agreement recognizing that all laws of the State of Florida and Ordinances of the City of Miami and Dade County, Florida, pertaining to the operation of the Facilities are made a part of this Lease Agreement, and Lessee agrees to abide thereby. 29. 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, without first obtaining the prior written consent of the City Manager of the City. 30. CITY'S RIGHT TO CANCEL: In the event City requires the premises for a public purpose prior 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 days after written notice is delivered to Lessee as provided in this Agreement. 31,, WRITTEN NOTICES: Lessee agrees that all notices under this Agreement to be given to the Lessee must be in writing and shall be deemed served when delivered to the Mt elreese Golf Course, Miami, Florida, in care of the 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 caused these presents to be executed and have caused their names to be subscribed to this Agreement the day and year first written above. Signed, Sealed and Delivered THE CITY OF MLAMI, (SEAL) in the presence of: a Municipal Corporation By City Manager Attest: For Lessor City Clerk Lessee For Lessee APPROVED AS TO CONTENT Director, Department of Leisure Services APPROVED AS TO FORM AND CORREC City Attorney 111 Il I II 1 Ill' [1 ill II • - GFER,4\TION Of Faav coNcAoN rATio I2-E�T/1UizAt`!T AREA woMEN KITGNN r1o1..l. DRAB MEN ME��EEyE 01,FCOLJK�E sTARTIz arF1ce SGP •',��A ' C r 1��N r�,T�� F� fZ v r RZATncN c; F PRO SHOP rAllo lat i' UlzAf11 ARAA eXiST1NGi rzx'V SEIZVIcE AREA MEI-fZEEyE GoI,FcouRSE �w8�+ousE IIIIII@MI Mill 43 Joseph R. Grassie City Manager Albert . Howard, Director Department of Parks and Recreation November 30, 1977 Melreese Golf Course Con- cessions, Restaurant, Pro -Shop and Driving Range Proposals for the concessions at the Melreese Golf Course were received on November 2, 1977. Seven bids were submitted with two proposals bidding for all three concessions and the other five vying for one or two facilities of the total package. All bids were evaluated with consideration given to experience, revenue to the City, and knowledge of golf course operation. To streamline the Melreese Golf operation one concessionaire, for all three facilities, would prove to be more expedient, efficient, and in the best interest of the City. fwo such proposals were submitted; one from Charles De Lucca, Jr., the present professional, and one from Joseph \V. Thiel of Orlando, Florida • ltitr. De Lucca submitted a bid which included a guarantee of an annual income at the Pro Shop and Driving Range. This guarantee will exceed the percentage submitted by Mr. Thiel. Mr. De Lucca also Submitted a guarantee that he would make the required invest- ment to improve the Driving Range and the Food and Beverage area. Mr. Thiel made a similar proposal but in evaluating the scope of our golf operations, and revenue to the City, the bid by Mr. De Lucca would be more beneficial for the Golf Course and the City of Miami. THEREFORE, IT IS NOW APPROPRIATE THAT THE PARKS AND RECREATION DEPARTMENT RECOMMEND THE OPERATION OF THE RESTAURANT, PRO -SHOP, AND DRIVING RANGE CONCESSIONS BE AWARDED TO MR. DE LUCCA. AIIH/vsd encls. Melreese Golf Course Proposals for Pro Shop, Restaurant -Lounge and Golf Driving Range Supplemental Information Severi (7) bids were received November 2, 1977. Of these seven bids, all seven proposals bid were for the Pro Shop and Driving Range, and only two submitted a proposal. for the Restaurant -Lounge area. The two submitting bids for the Restaurant -Lounge area combined their proposals for all three golf operations. There were no separate bids for the Food Concession. In order to have a viable operation the Pro Shop and Driving Range must be supplemented with the operation of the Food Concession. In evaluating the bids this was taken into consideration. Mr. Frank Trovato of Fort Lauderdale, submitted a bid that was not acceptable because his proposal was based on his leasing of the golf carts. This was not part of the proposal. Mr. Donald Shoemaker from Kingsville, Ohio, submitted a bid which was not acceptable because he did not meet the requirements of stating a guaranteed improvement to the Driving Range. Mr. Barry Wood from Dunedin, Florida, submitted a bid for the Pro Shop and Driving Range and although his percentage was $150 per year higher than that of \1r. Delucca, for the Pro Shop and Driving Range, Mr. Wood's proposal did not present as many investments as would be made by Mr. Delucca, neither did Mr. Wood stipulate his intention to promote youth and junior golf clinics at his own expense. Mr. Jerry Ray of Chillicothe, Missouri, submitted a proposal but his totals were below that of Mr. Delucca's, combining the Driving Range and Pro Shop. His percentage was based on past performance of the Melreese Golf Course. Also Mr. Ray's guarantees were not as comprehensive as Mr. Delucca's. Mr. Perry Gary of Coral Gables, Florida, submitted a bid for the Pro Shop and Driving Range which exceeded Mr. Delucca's proposal tot these two facilities by $650. However, Mr. Gary's proposal vas tiot as comprehensive as Mr. Delucca's, nor did he guarantee as Many improvements and installations of the Driving Range as did Mr. Delucca. Mr. Gary did not refer to any programs he would offer to be used for junior golf nor vas his professional teaching staff comparable to Mr. Delucca's. Mr. Joe Thiel of Orlando, Florida, submitted a bid for the Pro Shop, Driving Range and Concession Stand. His proposal for the Driving Range and Concession Stand was lower than that of Mr. Delucca by $300. fir. Thiel's proposal for the Food Concession for the initial year .vas higher than Mr. Delucca's by some Si, 200. When combining the three Concessions, Mr. Thiel's proposal was higher than that of Mr. Delucca by 5900. However, after the third year of this Agreement, Mr. Delucca's proposal for the ensuing years of the Agreement, 5 years with a 5 year option, will be .greater than Mr. Thiel's. Mr. Thiel's proposal, overall, was similar to Mr. Delucca's but the guarantee of income by Nir. Delucca will be in the best interest of the City. Mr. Charles Delucca of Miami, Florida, submitted a proposal for all three facilities, which would guarantee the City annual income at the Pro Shop and Driving Range and the to 10",; revenue for the City from the Foocl Concession. His guarantees for the Driving Range and Clubhouse improvements met all of the rec;uirements of the proposal. He has also guaranteed the City that he will conduct clinics and instructions free of charge for youth and junior golf. These programs will be scheduled and coordinated with his cooperation through the Recreation Division. In evaluating the bids of Mr. Thiel and Mr. Delucca, it vas determined that overall Mr. Delucca's proposal would be the more advantageous to the City of Miami. Percentages were based on the average income at each of the three Concessions; $29, 000 per year at the Driving Range; $50, 000 per year at the Pro Shop; and $41, 000 per year at the Food Concession. MEL 11EESE GOLF COURSE Revenues - 5 Year Comparisons Year PRO SilOP CIiA1tLES lTh LUCCA Pro Shop Sales 5°A City Rent 1972 $ 73, 483.61 $ 3,674.1H 1g73 47, 556. 25 2,377.81 1974 47, 651. 32 2, 382.57 1975 39, 250.46 1,962.52 )976 53, 698. 65 2,684.93 Totals $261, 640. 29 $1 3, 082.01 Monthly Breakdown October 1975 through September 1976 October 1976 - January 1977 October • 1975 $ 3,362. 52 $ 168.13 $ 3, 100. 33 November 3, 11 3. 03 155.65 3,982.64 December 4, 795. 75 239. 28 3, 679.40 January - 1976 5, 780.40 289.02 3, 035.20 $17, 051. 70 $ 852.08 $1 3, 797. 57 Fuliruary $ 8,632.69 March 7, 014. 89 April 4, 641. 89 May 3, 795. 47 June 2, 842.95 July 3, 682.92 August 3, 763. 81 September 1, 776.00 Totals $36t 150.62 $ 431.63 " $ 4, 167.91 • 350.67 3,667.28 232.09 3, 172.28 189.77 2,928.74 142. 14 184.40 188.19 80. 60 $ 1, 799.49 $53, 202, 32 $ 2,651.57 $ 155.02 199. 13 1 83. 97 151.76 $ 689.88 $ 208. 39 183. 36 158.61 146. 44 I MELREESE GOLF COURSE DRIVING RANGE (Dick Pearce) REVENUES - FIVE YEAR COMPARISON 6-15-1971 - 5-30-72 6-14-73 6.14-74 6-14-75 6-14-76 Totals 1975-76 June 15-31 - 1975 July August September October November December January, '76 Totals Grose $ 25, 785. 37 30, 858. 75 31, 240. 06 32, 624. 62 29, 227. 27 $149, 736. 07 Revenues 17 & 18% 1450 31% 17%-$ 4,383.50 14%.$ 3,609.90 31%-$ 7,993.35 5,245.98 4, 320. 12 9,565.98 185s - 5,623.29 4,373.60 9,684.40 5,872.43 4,567.36 10, 113. 44 51.260.91 4,091.78 9,060.37 $ 879.50 1,721.39 1,765.00 1,762.55 1,659.95 2,007.87 2, 151. 40 3. 068.28 $15,015.94 $'ebruary '76 $3, 904. 70 March 4, 585. 21 April 3, 232. 91 Totals $1 1, 722.81 May '76 June 1-15 $ 2, 707. 70 948.75 Totals $ 3, 656.45 Grand Totals $30, 395. 21 $26, 386. 11 $20, 962. 76 $46, 417. 54 18% * 76-77Revenues 14%'• $ 152.22 $1, 256. 60 297.93 2,402.97 305.48 2, 039. 11 305.06 1,501.62 287. 30 1,897.95 345.51 2,113.00 371.36 1,898.80 531.24 2, 659.34 §2, 597. 10 $15, 769. 39 $ 675. 81 $ 3,654.44 793. 59 4, 160. 59 559.55 2, 573. 52 12, 028. 95 $ 468.65 164.21 $ 175.92 336.42 285. 48 210. 12 265.71 295. 82 265. 83 372.31 $2,207.6 1 $ 511.62 582.48 360. 29 $10, 388. 55 $1, 454. 39 $ 2,042.32 $ 285.92 em $ 632.86 $ 2,042.32 $ 285.92 $5, 258. 91 $28, 200. 26 $3, 947. 92 * Interim operation of Driving Range assumed by Mr. DeLucca Y I I li Y YiIIIYWIIIiLiiidililiYY�,i d lltl �wu '� u' �"—.�`�: ''14 .i4ai-''':..11 V Y Y i�1111YlY lliliiiill �IlltlIJ, it�IilfIiIII.Y biY ilil.iltlG•W11j1 .w..1i.41.. - Coy Ma•,ager, P.c•.••c by eke C.ty unm,st,cn, TABULATICIN OF BIDS FOR CONCESSIONS C,ty °swim C.ty :leri. MELREESE !A. M. Coy of M,am.. A. C•or,oa at P. n __er perry Gary JosephJoseph hh c1 1 Chas. Delucca 1 Jerry W. Ray 1 Frank Trovato',Don Shoemaker Barry 4A ood 1 1..e4.13f•. et 1 I Irtw. tic. I Unit' Price Total 1 i Un.r �.. c• Twat Ur", Ifn.• l I T='O' fj To'°t ?r,Ce P"c• Vn' o. c• 1 •:n.t T3134 vr.c• •°r°1 L \Jn,r ?•,u Tz•'i ! 1 I 1 1 I L Pr . . - :,=r i -;.-';, 13, 000 ,,, grantee i "�, to ,a�0, 000 ! $300 month 1 15`rc of �ross I ; c �) ILros� t against 5",;-; of 1 7 ,c to 4100, 000 1 30 io gollf lesson: I I -4 I i ? > ros s 41es 1100 ove ' 100, 001.3 15", . g(11f shop ' i I ! ! 1 1 sal€ts I : I f 1 f - t- , L> .nc" s". _._L2.• -.).5'';_, ( 2401, ( $••, t,00 tuarante I17.c,, I ,r _ s `_., of iC5sto-g I 114 - ist year 1257„ ovf r $15, 000 sale f 1 I ' '1 c- �tid year ( i , t 1 I 1t, ', - ::,rd I year T I I : 1 i -,t, thereafter Lr,'I( f'ss: ,'1 Star.._, _- I 10',, 1Food t,,.' 1",f'yf""ace i -- i -- 1 I I0'7 the "rafter i { 1 I I _ 1 I I I • _f I 1 . i _ 1 ! 1 { 7 1 I 1 ' . 1 � I I 1 f . . ( .1 1 I i I CITY OF M IA M I AND LEASE AGREEMENT FOR THE MELREESE GOLF COURSE PATIO -RESTAURANT AND LOUNGE PRO SHOP GOLF DRIVING RANGE AGREE;\1ENT THIS LEASE AGREEMENT, entered into this day of 1977, by and between the CITY OF MIA\II, a Municipal corporation of the State of Florida, hereinafter referred to as the "CITY", and hereinafter referred to as "LESSEE": 1,VITNESSETI-i: WHEREAS, the Commission of the City of Miami by the adoption of Resolution No. authorized the City Manager and the City Clerk to enter into an agreement with for the operation of the Melreese Golf Course Patio -Restaurant and Lounge, Pro Shop, and Golf Driving Range, including, his services as golf course professional; NOW. THEREFORE, in consideration of the premises and mutual covenants hereinafter contained to be observed and performed, the parties hereto convenant and ai4ree as follows: 1. DESCRIPTION OF TI-IE PREMISES: Lessee is authorized to use the designated areas of the Melreese Golf Course and Clubhouse known as the Patio -Restaurant and Lounge, the Pro Shop, and the Golf Driving Range. 'Ihe Patio -Restaurant and Lounge area is shown in Exhibit "A." The Pro Shop area is shown in Exhibit "73. " The Driving Range is 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, -1- LEASE AGREEMENT FOR THE M ELREESE GOLF COURSE PA TIO- RESTA URA NT AND LOUNGE PRO SHOP GOLF DRIVING RANGE TITLE: AGREEMENT INDEX 64 PAGE NO, I \VITNESSETII CLAUSE 1, DESCRIPTION OF PREMISES. . + 66 2, TERm 3, CONDITIONS SUBSEQUENT, , , . 1 r 4, USE (a) (b) (c) 5. HOURS OF O P E RA I IO N... , . . , , , , , 6. RENTAL SUNI PAYABLE TO CITY (a) (b) & (c) 7. GROSS RECEIPTS . . . . . . . . . . 6 . . 6 . 8. RECORDS AND ACCOUNTS (a) (b) & (c) 9. IMPROVEMENTS, EQUIPMENT AND FURNISHINGS (a) & (b) • 10, CONSTRUCTION BOND 11. PERFORMANCE BOND 12. LIABILITY INSURANCE AND INDEMNIFICATION (a) & (b),, 13. OWNERSHIP OF IMPROVEMENTS. . . . . . . . . . . 14. FLEDGE OF LEASEHOLD INTEREST . . . . . I5. HOLD HARM LESS 16. LICENSES AND TAXES. . . . . . . . . . . . . 17. PAYMENT OF UTILITIES AND EXPENSES . . . . 18. BUSLNESS CONDUCT 19. ADVERTISLNG 20. BURGLAR ALA RNI . . . . . . . . . . . . . 21. ALTERATIONS OF PREMISES. . . . . . .. 22. RULES AND REGULATIONS 23. NON -DISC RIMINATION 24. INSPECTION OF PREMISES. . . . . . . `. 25. MAINTENANCE OF PREMISES. . . 26. RISK OF LOSS 27, DEFAULT . . . . . . . . . . . . . 28. LAWS APPLICABLE 29, ASSIGNMENT AND SUBLETTING. 30, CITY'S RIGHT TO CANCEL. . . . 31. kVRITTEN NOTICES. . . . . , „ . , IN WITNESS WIHEREOF CLAUSE • SIGNATURE PAGE P111411114 SIP 17 THIS LEASE AGREEMENT, entered into this day of 1977, by and between the CITY OF NrIANII, a Municipal corporation of the State Of Florida, hereinafter referred tO as the "CITY", and hereinafter referred to as "LESSEE-: W ITNESSETI-i: WHEREAS, the Commission of the City of Miami by the adoption of Resolution No. authorized the City Manager and the City Clerk to enter into an agreement with for the operation of the Melreese Golf Course Patio -Restaurant and Lounge, Pro Shop, and Golf Driving Range, including his services as golf course professional; NOW. THEREFORE, in consideration of the premises and mutual covenants hereinafter contained to be observed and performed, the parties hereto convenant and at;ree as follows: 1. DESCRIPTION OF THE PREMISES: Lessee is authorized to use the designated areas of the Melreese Golf Course and Clubhouse known as the Patio -Restaurant and Lounge, the Pro Shop, and the Golf Driving Range. 'Ihe Patio -Restaurant and Loung.o area is shown in Exhibit A. " The Pro Shop area is shown in Exhibit "73. " The Driving Range is legally described as follows: Starting at the intersection of the center lines of N. W. 37 Avenue and N. W. 18 I errace, 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 aIamg the west boundary of the parking tot for a distance if 20 feet more or less, the run easterly along the north edge of parking lot, 1 0 feet triore or less, to the paint beginning, together with structures situated thereon. And, for purposes of golf ball recovery, Lessee shall also have access to the Melreese Galt Course water hazards at such times as are agreeable ‘vitli the golf course manager. 2. TERM: lhe term of this Agreement shall be for a period of five (5) years commencing on the terminating on the clay of , 1977 and day of ,19 The Lessee shall have the right to renegotiate to extend the Agreement for one (1) additional period of five (5) years. At the close of this period, the City may, at its sole option, agree to offer the extension of one (1) additional period of five (5) years provided that, in the opinion of the City, the Lessee has shown sufficient basis for extension of the Agreement in terms of investment in alterations and improvements to the leased premises and in terms of offering superior service. Lessee shall take possession and begin operations \within ten (10) calendar days after execution of the lease agreement. 3. CONDITIONS SUBSEQUENT: (a) Liquor License: Lessee shall promptly apply for a liquor license from the appropriate governmental authorities. This lease shall be specifically conditioned upon the issuance of a liquor license to the Lessee permitting only the dispensing and sale of alcoholic beverages on the premises for consumption on the premises. Lessee shall use every reasonable effort and due diligence to fulfill this condition. Upon termination of this lease for any cause whatsoever, the licenses, including liquor license, shall become the property of the City of Miami, its successors ar assigns, -2- (b) Continuity of Food Service: Lessee shall promptly equip, furnish and operate the existin<, food concession facility to provide a continuity of food and beverage service to patrons during alteration and construction of the new facilities and until such time as new facilities can be placed into operation. 4. USE: (a) Patio -Restaurant and Lounge: Lessee shall use the prescribed premises for the sole purpose of constructing, equipping, furnishing, and operating a Patio -Restaurant and Lounge Facility, as herein defined, and for purposes incidental thereto, and for no other purpose whatsoever, the latter subject to the written approval of the City Manager. The operations as authorized upon the premises shall he designed primarily to serve the golfing, public, and all other food and beverage business shall be subordinate to the service to be provided the golfing public. Lessee agrees that it will operate and maintain the Patio- Restaurant and Lounge authorized herein in such a manner as to provide quality of service, food prices, fond and beverages and management, and the operation shall be of such quality as to compete favorably with similar operations of golf course clubhouses in the Dade County area. Lessee shall operate and maintain service units for the purpose of dispensing food, tobacco, and beverages at specific locations upon the golf course known as the City of Miami Melreese Golf Course. The type of service unit, the food, tobacco and beverages to be dispensed therefrom, and the specific locations at which these service units will be operated shall be as approved in writing by the City Manager of the City, provided, however, that the Lessee shall submit written proposals to the City Manager for consideration. (b) Pro Shop: All golf lessons conducted at the Melreese Driving Range will be the sole responsibility of the Golf Professional and Staff at the Melreese Pro Shop. No other individual will be permitted to provide lessons. Lessee shall use the premises known as the Pro Shop and, in this connection, shall completely equip and furnish said Pro Shop, and shalt - 3- obtain at his own expense all merchandise offered for sale and all items necessary to operate a Golf Pro Shop. He shall have the exclusive privilege at Melreese Golf Course of offering golf equipment, supplies, and clothing for sale to the public. Additionally, the Lessee shall have the exclusive privilege of recovering all golf balls which have been abandoned by golfers in all water hazards at. Melreese Golf Course, subject to City approval of the method of recovery or type of equipment to be employed and, in this connection, Lessee shall completely equip and supply said golf ball recovery operation. The City, or other lessees of the City, will retain all revenue from green fees, rental of hand and electric carts, and from other operations specifically granted to other lessees. The Pro Shop Lessee shall conduct no operations which conflict with those conducted by the City itself or are specifically granted to other City Lessees at Melreese Golf Course. (c) Golf Driving Range: Lessee shall use the premises for the sole purpose of providing those goods, services, facilities and equipment esstential to the operation of a Golf Driving Range and for no other purpose whatsoever. Lessee agrees to provide, in the area indigenous to the Golf Driving Range, a space 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 Leisure Services. tlu it , thetern-, off' t.n.13 L>as -ree ! int the Pr'') 1 he .-'i' i v i.C1 ' Range hd l l :'tl and 2'o! •,rl,' � ;aff d .. ,. .1. :Ilu .. ;. ,. is a at; all times that the ;.1'.1, COUP .. i ; E;13I1 }1'_' public. The Patio -Restaurant and .l_:` i and ': Mop shall cl s(when the Golf Course .oses The Dt. vr,... R .' ,. ,;,._t t_ tl until . a'_• closes. itl•_ LT i'r �,!Range :� . ,;13,, rjr? ! i at �,': i?ii ,,n operate I_l it 11: c p.m., at which time .t .mall be completely closed d down, Thy o_�eratiotl of the Lount_-e shall conform to the appropriate ordinance reitulations concerning sal,_ of liquor and nothing herein contained shall be construed to authorize hours contrary to the lads gOItrii i_ operations. c .;r..^.-'c. 'n r-,1` of operation n of the Patio - Restaurant, ..ucn _ _ - n ,. Any _.,�.. ., � h u's ,i:-_z�_�,1. , i' _ .,'DUI _ , Pro :1`.J: _;r Dr . ._:i: Range ge are s�.tb,j ect to approval of the City .. rlaer. 6. n t.1.... t r Tv. (a; -R. .,rant and ._oun e: Lessee shall ray to the City an: a1 :'. `.'en• (7 1 2-') of his gross receipts (hereinai i r defined) for ;., - 1:year,f _�'�-t ♦ :;:_ _..i%:it and vilt�-t;.tl Percent (v ifG c) �i fli:3 gross r'e.eip_. for the Tni year, and Ten Percent (10r) of :,is gr'Jss z,.-,' s thereafter. r�,., .irt� n ,_ �•r „car. (b) .'hop.:'. Lessee shall 4 to the City Five Percent (55) of hiss _toss reeei.('t (hereinafter . .. �r defined)a minimum am � s �_' 1 ::L = ~ < � r t.A a.:. guaranteed amount of T;: Thousand Dollars (..i -, CGC ) , whichever amo unt is the greater. The percentage sum shall be raid to' the City,' on, or within, fifteen (15) days after the first day of each calendar month, and shall include Five percent (55) of the gross receipts realized from the sale of golf balls recovered from the i• elreese Golf Course water hazards. If the Lta.;SOO elects to sublease the privilege of golf ball • covery, by virtue ,-�fpermission granted by the City Manager, p er,cen ,iE�o of. Ss,. 1 z. .10Se r ecOvered if balls hal i be e..mPu ted on t",ile,. r . sales f ! I °.., the Sub -Lessee, .end •r ., reeeipts frem his :Alb -Lease. . This shall be true ._2: i i ubl _ci.?'__ eircumstanes.which may arrange as .1 r'esult, ef his 1'I' v i it' Vie: granted under this Agreement. r .�n t made t t l e ;•r shall b e ? c r,.ai i't_`ri•:hl.} percentage payments .:.r ..e..: _ �.'? :.el_. �.I ii!" ll uf. C - )m�, _.. • by a statement or `.I1:.' revenues earned during the 1'r'e,^.,eilin=_, month by • irtue of this Agreement, If, at the end of each year of operation, the - ereento payments s the City do not equal the guaranteed ant. , i. . . - . ' between the • o amount ✓1.''_ _"U by the 1J'_...-.. , then the �_�> ..:t _ J t•:•iE,t_1 amounts shall be paid to the City � with the percentage remittance for the F_recedin" month. It= Driving Rance: Lessee Shill pay to the City Fourteen Pere :21t (14, ) of his _;ross receipts f. (hereinafter defined) for the 1st year, ss receipts for the 2nd year, Si;:te Percent +.le of his rr_ss receipts for the ?' .- : .4 Percent t i. j,o� his gross r'F'i,. i'- s thereafter guaranteed amount of. Five Thousand Six Hundred whichever nmeunt is the greater. tO the City on, or within, fifteen year, and Seventeen cr a minimum annual Dollars (S5,600), The p', reent.. ge sum shall be (1 ) d n,. .r . after the fist day of each calendar' month. Said p ":.enl. shall accompaniedbe by State- . �.) :Went or the revenues earned during the pre -, iri ' month by virtue of the Leas' Agreement. If, at the end of each year of operation, the per'-::': ntaGe payments to the City do not 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 pr'eceditlt_" month. i GROSS RE,E1iT:': The term r_�� "gro: s receipts" is understood to mean all income collected accrued, deprived by the Lessee under the privileges "''"'Ii ;e'l by this Agreement, excluding ameunus of any Federal, State or City sales tax, or any other tax, collected by Lessee from CUSto- "13 and required by law to be remitted to the taxing authority, (Lessee shall not essul e 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, ) It is also understood that. the: Florida State lease Tax on rental payment (-1• at the time of preparation of this document) shall be added to Lessee's rental payment and forwarded to the City as a part of said payment. It is the intent of the City that it is to receive the proposal rental amount as net, free and clear of all costs and charges arising from or relating to said demised premises. S. RECORDS AND ACCOUNTS: (a) Lessee shall keep on the premises, or such other place approved by the City \tanager 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 reasonable 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, at his own sole cost and expense, cash registers for use at the Patio -Restaurant and Lounge, the Pro Shop, and the Golf Driving Ranee :which will furnish a receipt to the customer and also contain a tape receipt of all sales and transactions at said facilities. (c) Lessee shall collect all green fees and golf cart rental fees in the Pro Shop. 9. IMPROVVEMENTS, EQUIPMENT, AND FURNISHINGS: (a) Patio -Restaurant and Lounge: It is understood and agreed that the Lessee, upon execution of the Lease Agreement, shall accept the leased property "As Is", and shall make alterations and improvements to the areas of lease as shown in Exhibit "A" at his own expense, and with the prior approval of the City Manager of the City of Miami, as follows: (i) The cost of alterations and improvements to the Patio -Restaurant and Lounge will represent an investment of no less than Ten Thousand Dollars ($10, 000), and will be accomplished within a -7- a period of ninety (90) days upon approval of the Final Working Drawings and Specifications by the City and the Lessee's notification to the City Manager of commencement of construction. The City likewise agrees to make an investment of no Less than Teen Thousand Dollars ($10, 000), for alterations and improvements to the Patio-l2estatirant: and Lounge. (i) Within thirty (30) days after the Lease Agreement is signed, the Lessee shall submit to the Lessor Schematic Plans. Thirty (30) days after approval by the City of Miami of the Schematic Plans, Final. Working Drawings and Specifications shall be submitted. Upon approval of the Final Working Drawings and Specifications by the City, thirty (30) days will be allowed for the permitting; of plans ancl the commencement of construction. The City Manager shall be notified in writing of the commencement of construction, and the Lessee shall be permitted three (3) months from said date for the construction of the improvements. The Lessee shall be solely responsible for complete telephone service of the facility. All improvements of Lessee shall be made solely at Lessee's cost and expense and shall be performed in a (rood workmanlike manner in accordance with sound construction practices. Lessee shall keep the Premises and said improvements free and clear of liens of labor and material and shall hold Lessor harmless from any responsibility in respect thereto. iv) The Lessee agrees that the plans for alteration and improvements will include but not be limited to fully equipping and renovating an area large enough to provide food preparation of first-rate duality; redecorate the main dining area to fit the motif of the Pro Shop by panelling the wails, carpeting the floor, adding attractive lighting fixtures and a room divider; operation of an outdoor patio -dining area with overhead roofing and screened wall panels; operation of a cocktail lounge separate from the main (b) dining and patio area in which a full service bar would be installed and:provision 3f furnishings for the dining, patio, and lounge areas fitting the decor and :style of a club atmosphere. (v) The Lessee agrees to offer a food and beverage menu and price schedule for approval. by the City prior to its use at the Patio- Restaurant and Lounge. It is generally understood and agreed that the menu will Dffcr a variety of "deli -type" sandwiches, salad plates and hot place selections, breakfast items, pastry and snacks, as well as all types of soft drinks, liquor, beer and wine. Golf Driving Range: It is understood and agreed that the Lessee shall accept the leased property "As Is', and shalt upon execution of the Lease Agreement, make alterations and improvements to the areas of lease known as the Golf L)riving Range, as follows: (i) The cost of alterations and improvements to the Golf Driving Range and Building will represent an investment of no less than Seven Thousand Dollars ($7, 000) and will be accomplished within a period of ninety (90) days from the date of execution of the Lease Agreement. Clean and paint the Driving Range Building, replace lights and fixtures on the range where needed; resod grass tees, provide professional golf equipment to customers (men's, women's and juniors' equipment); provide high compression, quality golf balls in ample quantity; install a new Witteh Model W-70 Commercial Type Hall Washer; maintain two (2) ball pickers and two (2) electric golf carts to pull them at all times; maintain yardage markers and target flags; continue to expand junior and youth development programs on the Driving Range and Golf Course; install all new Witteh Deluxe Nlodel-1860-70 Tee Mats and replace as required; install new ten -foot. (10') high fence to separate mats from grass tees; and maintain superior staff of teaching professionals to give lessons and assist in operating the Driving Range. -q- (ill) 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) $ .60 (2) Regular basket (approximately 65 balls) $ 1.25 (3) Large pail (approximately 118 balls) - $ 2.30 Lessee shall maintain the above mentioned charges but may, upon approval of the Director of the Department of Leisure Services, alter the amount of balls offered to effectuate a profitable increase in revenue. 10. CONSTRUCTION BOND: Lessee shall, prior to commencement of construction on the Patio - Restaurant and Lounge facilities, furnish Lessor a surety bond naming Lessor and Lessee as the Principals and Owners, covering 100% of the cost of constructing the improvements, including: labor and material. 11. PERFORMANCE POND: The City reserves the right to demand the Lessee to furnish a performance bond in the penal sum of Two Thousand Dollars ($2, 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 Two Thousand Dollar ($2, 000) cash deposit with the City (non -interest bearing) will also suffice to meet this requirement. 12. LIABILITY INSURANCE AND INDEMNIFICATION: The Lessee shall not occupy the premises under this Agreement until he has obtained insurance specified below. 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 Manager. a, Workmen's Compensation Insurance - as required by Chapter 440, Florida Statutes. -10- Public Liability, Including Products Liability, Insurance oti Comprehensive, basis, in amounts not less than $300, 000. 00 per occurrence for Bodily Injury, and S50, 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 management and financial strength: A: Class X, in accordance with A. M. Best's Key Rating Guide, Latest Addition. All insurance policies must be approved by the Lessor. 13. OWNERSLLIP OF I\1PROVE\TENTS: All improvements, furnishings, and equipment constructed or installed on the Premises by the Lessee, shall be personal property and Lessee shall. have legal title thereto during the term of this lease. Upon the expiration or termination of this lease, title to all permanent improvements constructed on the Premises shall vest in Lessor. Title to all supplies, furnishings, inventories, removable fixtures and removable equipment and other personal property shall remain in Lessee, and Lessee shall have the right to remove such items, excepting Licenses, from the Premises unless Lessee is in default hereunder. Should the the Lease A!�reement(s) be cancelled by the City prior to the term of lease, the City will negotiate fair compensation to the Lessee for realty improvements which would generally be thought of as non -removable. 14. PLEDGE OF LEASEHOLD INTEREST: Lessee may from time to time pledge his leasehold interest as security for any bona fide loan or loans from reputable lenders or lending institutions, but not beyond lease term. Leasehold interest shall not include public land. Copies of all agreements and Legal instruments pertaining thereto involving the pledge of the leasehold interest as security, as contained in this paragraph, shall be furnished to the City Manager of the City. 15. IIOLD HARMLESS: The Lessee hereby covenants and agrees to defend, indemnify and save harmless the City against any and all claims, suits, actions, for damages, or -11- 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 auents, employees or workmen) carelessness r negligence; from and against any orders, judgments or decrees, which may be entered thereon; and from and against all costs, attorneys fees, expense and liabilities incurred in the defense of any such claims and the investigation thereof. 16. LICENSES AND TAXES: (a) Lessee shall pay all taxes required for his operations as provided for in this Agreement. (b) Lessee shall further comply with all taws, ordinances, regulations and rules of the Federal, State, County and City governments which may be applicable to his operations and shalt obtain all licenses at his sole cost and expense. 17. PAYMENT OF ["TILITIES AND EXPENSES: The Lessee shall pay for all expenses in connection with the operation of the Patio -Restaurant and Lounge, Pro Shop and Golf Driving Range, which shall include the payment of all utilities excepting water and electricity at the Patio -Restaurant and Lounge and the Pro Shop, and excepting water at the Golf Driving Range; shall furnish all personnel, who shall be qualified to perform the duties assigned; and provide maintenance of the premises, including air conditioner maintenance, janitorial service, and all other costs and expenses necessary to provide a proper and suitable Patio - Restaurant Lounge, Pro Shop, and Golf Driving Range. 18. 131ISINESS CONDUCT: Lessee shall have a neat and orderly operation at all times and shall require his employees who come on City property to be courteous, neat and clean in appearance, and to wear suitable identification by which they may be known and distinguished as employees of Lessee. There shall be -14- no living quarters, nor shall anyone be permitted to Live in or cook within the leased premises. Lessee shall make available all areas under his control for examination at any time by the City Manager of the City or his authorized representative. Lessee shall confine his activities to those pursuant to this contract and shall not carry on any other business on City property without specific written authority of the City Manager of the City. 19. ADVERTISING: Lessee shall not permit any signs or advertising matter to be placed in the interior or upon the exterior of the Patio -Restaurant and Lounge, Pro Shop, and Golf Driving Ranee without first having obtained the written approval :)1 the Cite \tanager of the City: however, Lessee may place the usual :3r 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 any or all of these merchandising signs, Lessee shall remove same within the time specified by the City Manager of the City. 20. BURGLAR ALARM: The Lessee shall provide for and maintain a recognized burglar alarm system in the Pr•o Shop. 2I, ALTERATIONS OF PREM1SES: With exception ,of the provisions :of Paragraph 9 of this A greernent the Lessee shall make no alteration, addition or improvement to the premises, or any part thereof, 'without fir:=t having obtained the written consent of the City Manager of the Citv. All requests shall be in writing and shall include plans and specifications pertaining thereto. Authorized alterations, additions or improvements shall be made at the Lessee's expense and subject to the conditions as specified under Paragraph 13 of this Agreement. The City reserves the right to slake any adjustments, modifications, additions or deletions to the clubhouse facility. The City will make every effort not to interfere with the Lessee's operation. However, under no circumstances would action taken by the City relative to the maintenance or adjustments to the facility constitute grounds for extension or adjustment of this Agreement. 22. RULES AND REGV'LATIONS: The Director of the Department of Leisure Services of the City is authorized to make reasonable rules and regulations pertaining to the operation of the i\lelreese Golf Course, and any rules and regulations enacted by the Director of the Department of Leisure Services of the City shall apply to Lessee's operations, and Lessee hereby agrees to abide by all rules and regulations which may apply to his operations. 23. NON- DISC LUMINA I ION: Lessee agrees that there shall be no discrimination as to race, color, creed or national origin in connection with any of his operations under the privileges g ranted by this Agreement. 24. INSPECTION OF PREh1ISES: 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 coritiected with the perforMance of the City's duties and obligations hereunder, or in the exercise of its rights or functions. 25. "MAINTENANCE OF PREMIISI•:S: At the time the Lessee commences to operate the Patio -Restaurant and Lounge, the Pro Shop, and the Golf Driving Range, said Lessee shall provide personnel and equipment and shall immediately be responsible for maintaining the leased premises in a clean condition, including the tables of the patio area, and which shall include the grounds being neatly trimmed, grass cut and the area free of debris. Lessee shall further continue to maintain the 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 Course is presently maintained. 26. RISE 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 others, whether said loss. injury or damage results from fire, hurricane, rising water, or from any other cause or contingency, and whether the same be caused by the negligence of the City or any of its employees, agents or otherwise, and to keep harmless the City from all claims and suits growing out of any such LOSS, injury or damage. ..r DEFAULT: In the event Lessee fails to coinply with each and every term and condition of this Agreement, or fails to perform any of the tertris and conditions contained herein, or fails to comply with the written directions of the City, or the City Manager of 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 effect, and the Lessee shall forthwith vacate the premises known as the Patio -Restaurant and Lounge, Pro Shot', and Golf Driving Range. 28. LAWS APPLICABLE: Lessee enters into this Agreement recognizing that all laws of the State of Florida and Ordinances of the City of Miami and Dade County, Florida, pertaining to the operation of the Facilities are made a part of this Lease Agreement, and Lessee agrees to abide thereby. 29. 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, without first obtaining the prior written consent of the City Manager of the City. 30. CITY'S RIGHT TO CANCEL: In the event City requires the premises for a public purpose prior 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 days after written notice is delivered to Lessee as provided in this Agreement. =16* WRITTEN NOTICES: Lessee agrees that all notices under this r\.;recMent to be giVeri to the Lessee must be in writing and shall be deemed served when delivered to the Llelreesc <folf Course, Miami, Florida, in care of the 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 caused these presents to be executed and have caused their names to be subscribed to this Agreement the day and year first written above. Signed, Sealed and Delivered THE CITY OF MIAMI, (SEAL) in the presence of : a Municipal Corporation For Lessor For Lessee APPROVED AS TO CONTEN T Director, Department of Leisure Services APPROVED AS TO FORM AND CORREC City Attorney By City Manager Attest: City Clerk Lessee AREA" ATOP FGR Gr R-ATION 7F FOOD eaN '/>IrN .T9 w0MFN f'/11Q izESTAURAfti AREA cieLr BRACE KITGNEN MEN EXISTiNi rco17 VI(-G AREA .,oUNTER M��f�E�SE �o�FGoUf�sE G�UB�ou�E /I t,, /-7 1 STARTER orri64 riZO SHOP 4 SCALE V$it : i!-011 v r izA-ncN £''F FRO SHoF ? 1 O e l'AU At41 AREA • 1 e ( 11Ni %D SP.RZv1 cE ARLA NE,1‹ 1,U1,1-40Uf