HomeMy WebLinkAboutR-73-0784RESOLUTION NO. 7 5 " 7 P10f
A RESOLUTION AUTHORIZING THE CITY MANAGER AND
THE CITY CLERK TO EXECUTE AN AGREEMENT WITH
SHERATON-FOUR AMBASSADORS PERMITTING CHARGE
SERVICE BY HOTEL GUESTS FOR GREENS FEES AND
ELECTRIC GOLF CARTS AT CITY OF MIAMI OWNED
GOLF COURSES, A COPY OF SAID AGREEMENT BEING
ATTACHED HERETO AND MADE A PART HEREOF.
BE.IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. That the City Manager and City Clerk are hereby
authorized to execute an agreement with SHERATON-FOUR AMBASSADORS
permitting charge service by hotel guests for greens fees and
electric golf carts at City of Miami owned golf courses, a copy
of said agreement being attached hereto and made a part hereof.
PASSED AND ADOPTED this 424
1973.
33
day of vrerA ��' olldele,
73
gifr
AGREEMENT
THIS AGREEMENT, made and entered into this / D day
, 1973, by and between
544.441e. ,: � ,.-w-mom0+�'"s ( an individual) ( a
partnership) (a corporation), hereinafter referred to as
"Hotel", and THE CITY OF MIAMI, a Florida municipal corpora-
tion, hereinafter referred to •-ts "City":
W ITNESSET li:
That for and in consideration of the mutual covenants
hereinafter set forth, the parties hereto agree as follows:
1. That the City shall permit each authorized guest of
the Hotel the right to use the City's two golf facilities,
known as Malreese Golf Course" and "Miami Springs Golf Course",
and to pay for same pursuant to the charge procedures herein-
after set forth.
2. The Hotel agrees to provide and have printed at
its sole expense pre -numbered multi -copy authorization forms
for golf course play that are to be issued to each one of
the Hotel's guests desiring to avail themselves of the charge
service for playing golf at the City's golf facilities.
3. Each guest so authorized by the Hotel to use the
golf course facility will beprovided with a minimum of two
(2) duplicate copies of said authorization form, properly
filled out and authorized by the Hotel management for presenta-
tion to the cashier located at the particular golf course
facility.
4. Said authorization form, in addition to identifying
the guest by name, will state the amount which has been
w ^'
charged that day to the guest's hotel bill for golf course
greens fees and alectric cart rental fees.
5. All guests desiring to avail themselves of the
chargeservice as provided herein shall be required to use
electric golf carts and it is understood by and between the
parties that there shall be no rain checks issued for any
reason whatsoever.
6. The amount to be charged to the guest's hotel bill,
as reflected on the authorization form, shall be predetermined
prior to the guest's departure from the hotel facility for
the golf course. No telephone authorizations whatsoever
will be accepted.
7. The Hotel agrees that it shall provide a place on
said authorization form where the hotel guest utilizing the
charge service shall verify, by affixing his signature
thereto, the amount of the charge that is being placed on
his hotel bill for the greens fees and electric cart rental
fees. No adjustments whatsoever are to be made by the golf
course cashier for overcharges and no authorization forms
which do not reflect the existing rates in effect will be
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8. The Hotel agrees that it shall have the sole res-
it it
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the existing rates in effect for greens fees and e' tric
cart rentals.
9. The parties hereto agree that there is to be no
communication between the Hotel and the golf course manage-
ment or employees at any time whatsoever regarding golf
course charges or their adjustments except to verify the
current rates that are in effect. All differences are to be
resolved between the Hotel and the individual guest.
10. In the event that an overcharge does occur and
the authorization form has been accepted by the golf course
.cashier:, then the City shall make the necessary adjustment
on the next invoice submitted to the Hotel for payment.
11. The golf course charge service, as provided herein,
shall be limited exclusively to greens fees and electric
cart rental fees and shall not apply to any other payments
or purchases whatsoever including, but not limited to,
payments or purchases made at the refreshment stand and pro
shop.
12. The City shall submit on or about the first day of
each month an invoice to the Hotel which shall reflect the
charges made during the previous month for greens fees and
electric cart rental fees, made use of by the authorized
guests of said Hotel. The City shall, in submitting said
invoice, attach a copy of each authorization form which it
has received during the previous month.
13. The Hotel agrees that within ten (10) days from
the date of the invoice it shall pay the amount referred to
as due and owing in said invoice.
14. In the event the Hotel does not make payment within
the time alloted herein, or in any other way does not comply
with the terms of this Agreemant then and in that event, the
City at its sole option may terminate this Agreement without
notice. In the event that payment is not made within ten
(10) days from the date of the invoice, the City, in addition
to the options herein contained, shall have the additional
option of assessing the Hotel an additional charge of ten
(10) percent on the unpaid balance which is due and owing
said City.
15. The parties hereby agree that the Hotel is solely
responsible and liable to the City for all sums due and owing
said City pursuant to this Agreement and that said sums
shall be paid to the City regardless of the fact that the
Hotel may not have secured payment from its guest.
16. The parties hereby ag-ee that this Agreement shall
be interpreted in accordance with the laws of the State of
Florida.
17. The parties further agree that all the provisions
and conditions of this Agreement are contained herein and
that this Agreement shall not be modified or altered in any
respect unless in writing, signed by all parties hereto.
IN W7.TNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
WITNESSES:
(_L
c-‘656->
BY
CITY OF MIAMI, FLORIDA, a municipal
corporation of the State of Florida,
By
City Manager
ATTEST:
City Clerk
(Seal)
• •
PREPARED AND APPROVED BY:
^ •
4'2 ..•..6/ /,
Ronald A. Silver
Assistant City Attorney
REVIEWED BY:
John S. Lloyd
Assistant to Director
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney