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RESOLUTION 93-20692 • T s i r RESOLUTION NO. 93-20692 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN AMERICAN GOLF CORPORATION AND THE CITY OF MIAMI BEACH. WHEREAS, pursuant to Resolution No. 86-18464 , the City of Miami Beach and American Golf Corporation (hereinafter referred to as the "Operator") entered into a Management Agreement commencing October 1, 1986 (hereinafter referred to as the "Agreement") ; and WHEREAS, the Operator has requested the City to increase the fees for use of the golf courses and facilities pursuant to Section 12 . 2 of the Agreement; and WHEREAS, the requested rate increases will not affect any current permit holders until the permit year commencing October 1, 1993 ; and WHEREAS, the Golf Advisory Board has approved the proposed rate increases, it being one of the Board' s chief concerns that the annual permits be reopened for all Miami Beach residents in the future; and WHEREAS, the City is willing to approve the proposed rate increases subject to the Operator agreeing to certain amendments to the contract to accomplish the following: A) To limit the location of commercial space in the clubhouses. B) A requirement that the Operator provide the City with quarterly profit and loss statements and certified annual list of expenditures. C) To provide a mechanism for permanent protection for present and future City of Miami Beach residents to obtain annual permits. D) To perform certain maintenance obligations of Operator on a time-certain schedule. WHEREAS, the First Amendment to the Agreement, attached hereto, has been recommended by the City Manager and approved as to form by the City Attorney. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the attached First Amendment to the y , • f f a . F A Management Agreement between American Golf Corporation and the City of Miami Beach. PASSED and ADOPTED this 6th day Januar , 1993. ,1 1 MAYOR ATTEST: leavouti. E.30v1Movu•-- CITY CLERK PNB: lm Encl. FORM APPROVED (C:\resolutions\american.gol LEGAL DEPT. /_—' 11/24/92 5:30pm By =' 411-e -f"' ,4A247 Date 1 q_3 2 CITY OF MIAMI BEACH frir CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 1 1- g S TO: Mayor Seymour Gelber and DATE: January 6, 1993 Members of the City Commission FROM: Roger M. Carie A City Manager - SUBJECT: RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN AMERICAN GOLF CORPORATION AND THE CITY OF MIAMI BEACH ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve the Resolution authorizing the execution of a First Amendment to the Management Agreement between American Golf Corporation and the City of Miami Beach. This amendment provides for rate increases approved by the Golf Advisory Board and provides for the enhanced maintenance of the facilities, as well as opening memberships and restricting tournament play. BACKGROUND: On October 1, 1986, pursuant to Resolution No. 86-18464, the City of Miami Beach and American Golf Corporation entered into a Management Agreement for operation of the City's golf courses. Paragraph 12 .2 of the Management Agreement provides for the City Commission's prior approval of any changes to the fees charged at the golf courses. American Golf Corporation requested approval for a rate increase due to the Corporation losing money on the operation of the golf courses. The requested rate increases will not affect any current permit holders until the permit year commencing October 1, 1993 . ANALYSIS: The City of Miami Beach Office of Management and Budget, Internal Audit Report on American Golf Corporation, has determined that their financial statements are fairly stated in all material respects. Further, the Golf Advisory Board has reviewed and approved American Golf Corporation's request for a rate increase for Bayshore and Normandy Shores Golf Courses. continued. . . t7 AGENDA ITEM DATE -- -- 93 Comm. Memo./First Amendment to Management Page 2 Agreement between City of Miami Beach and American Golf Corporation CONCLUSION: The City is willing to approve the proposed rate increases subject to the Operator agreeing to certain amendments to the contract to accomplish the following: 1) To limit the location of commercial space in the clubhouses. 2) A requirement that the Operator provide the City with quarterly profit and loss statements and certified annual list of expenditures. 3) To provide a mechanism for permanent protection for present and future City of Miami Beach residents to obtain annual permits. 4) To perform certain maintenance obligations of Operator on a time-certain schedule. At the December 16th Commission Meeting certain concerns were raised regarding the condition of the golf courses. Since that time, the Administration and the Operator met and addressed these problems. The pro shop merchandise in the lobby has been dismantled and all display setups are now confined to the actual pro shop section. As specified in the attached letter from the Operator, the carpeting at the Bayshore and Normandy Shores facilities will be replaced by March 15, 1993 . Other maintenance and capital improvements are in progress and will be completed by mid-March. RMC:EC FJR:f j r Attachments 18 FIRST AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN CITY OF MIAMI BEACH AND AMERICAN GOLF CORPORATION This First Amendment to the Management Agreement made and entered into this 18th day of June , 1993 by and between the City of Miami Beach, a Florida Municipal Corporation (the "City") and American Golf Corporation, a California Corporation (the "Operator") . WITNESSET H: WHEREAS, pursuant to Resolution No. 86-18464 , the City of Miami Beach and American Golf Corporation entered into a Management Agreement commencing October 1, 1986 (hereinafter referred to as the "Agreement") and the term of the Agreement has been extended through September 30, 1996; and WHEREAS, the Operator has requested the City to increase the fees for use of the golf course and facilities pursuant to Section 12 . 2 of the Agreement; and WHEREAS, the requested rate increases will not affect any current permit holders until the permit year commencing October 1, 1993 ; and WHEREAS, the Golf Advisory Board has approved the proposed rate increases, it being one of the Board's chief concerns that the annual permits be reopened for all Miami Beach residents in the future; and WHEREAS, the City is willing to approve the proposed rate increases subject to the Operator agreeing to certain amendments to the Agreement to accomplish the following: A) To limit the location of commercial space in the clubhouses. B) A requirement that the Operator provide the City with quarterly profit and loss statements and certified annual list of expenditures. C) To provide a mechanism for permanent protection for present and future City of Miami Beach residents to obtain annual permits. D) To perform certain maintenance obligations of Operator on a time-certain schedule. NOW, THEREFORE, the City and the Operator, in consideration of the mutual covenants herein contained and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, agree as follows: 1. The above recitations are true and correct and are hereby incorporated into this First Amendment. 2 . The parties agree that the revised Exhibit "H" attached hereto shall supersede any previously agreed to or approved Exhibit "H" and shall be effective upon execution of this First Amendment by both parties. 3 . The parties agree that notwithstanding any language to the contrary set forth in Section 12 of the Agreement, or elsewhere in the Agreement, at all times during the term of this Agreement or any extension thereof, Operator shall continue to make annual permits available to present and future residents of the City of Miami Beach. 4 . The "180 day written notice to the Operator" set forth in Paragraph 1 of the Agreement, which is the notice the City is required to give to withdraw any portion of the Par 3 Golf Course 2 from the terms and conditions of this Agreement, is hereby amended to read "90 days written notice to the Operator" . 5. Paragraph 10 of Exhibit J, entitled "Minimum Maintenance Standards" , is hereby amended to read as follows: 10. Clubhouse and Structures - All Structures Within the Boundaries of the Golf Course. A. Course Restrooms - All course restrooms shall be maintained daily in a manner so as to provide clean and sanitary facilities for the public as well as employees of the course. Soap, towels, toilet paper, etc. shall be provided in adequate quantity at all times. Portable facilities shall be maintained similarly. B. All buildings and structures shall be maintained in good repair at all times. Surrounding areas shall be maintained free of weeds, brush, di3organi-zed junk or broken-down equipment, trash piles, etc. Interior areas shall be clean and neatly organized, safe and sanitary, for customers and employees. Painting, rodent and insect control, and landscaping shall be performed as necessary. "Housekeeping" duties shall be assigned to all maintenance crew members and shall be performed daily. C. Cart Paths - Maintain all cart paths in a smooth and clean condition and repair promptly as needed. D. The golf course superintendent is responsible for all facilities and structures maintenance not within the clubhouse area proper, whether performed by his own staff or some other. E. Notwithstanding any other term or condition in this Exhibit "J" , Operator shall not utilize the lobby area of the Bayshore or Normandy Shore clubhouses for retail space without the prior approval of the City Manager. 6 . The following sentence is hereby added to the first full paragraph of Paragraph 14 . 1 of the Agreement (entitled "Alterations") : 3 Provided, however, that the Operator shall have no right to utilize the lobby area of the Bayshore or Normandy Shore Golf Course clubhouses for retail purposes without the prior approval of the City Manager. The City may in its sole discretion allow the use of other suitable space, not in the lobbies, when Operator has peak demand for retail space. 7 . Paragraph 7 . 1 of the Agreement entitled "Monthly and Quarterly" is hereby amended to read as follows: On or before the first (1st) day of each month and on or before the first (1st) day of the month following each quarter throughout the Agreement term and on the first (1st) day of the month following expiration or termination of the Agreement, Operator or Operator's representative will furnish to City a statement, sworn to as true, accurate and complete by Operator' s Chief Financial Officer, listing the amount of Operator' s gross receipts. and The Operator shall also provide a statement of the number of rounds played during the month or the quarter prior to the preceding calendar month, separately breaking out all three courses. The forms to be utilized by Operator in submitting these monthly and quarterly statements are attached to this Agreement as Revised Exhibit E, the form of which may be changed by the Operator, but the substance of which shall remain the same. Within 30 days after the end of each quarter ending May 311 August 31, November 30, and February 28, Operator or Operator' s representative will furnish to City an expense statement and a profit or loss statement for the preceding quarterly period, which statements shall be sworn to as true, accurate, and complete by Operator ' s Chief Financial Officer. 8 . Paragraph 7 . 2 of the Agreement entitled "Annual" is hereby amended to read as follows: Within sixty (60) days following the end of each contract year and on or before the sixtieth (60th) day following expiration or termination of the Agreement, Operator or Operator's representative will furnish to the City Manager a statement, sworn to as true, accurate and complete by Operator' s Chief Financial Officer listing the amount of Operator's gross receipts, expenses and profit or loss and the number of rounds played during the preceding contract year (showing separately each of the three courses) , along with a description and statement of total value of those capital improvements completed during the preceding contract year. The form to be utilized by Operator for submitting this annual statement is attached to this Agreement as Revised Exhibit F. Operator's annual report will also include a list of those capital improvements, if any, which Operator proposes to construct 4 during the next contract year. City may signify its approval of such capital improvements in a writing signed by the City Manager not more than thirty (30) days following the date of Operator' s annual report; provided, however, that if the City Manager does not respond within such thirty-day period, Operator' s proposal for capital improvements to be completed in the next agreement year will be deemed approved and such approval shall have the same force and effect as if made in writing. 9. Paragraph 8 . 1 of the Agreement entitled "Records to be Maintained" is hereby amended to read as follows: 8. 1 Records to be Maintained Operator agrees to maintain records and accounts concerning operation of the premises that will include a breakdown of gross receipts, expenses and profit and loss statement as set forth on Revised Exhibits E and F. Operator will maintain accurate receipt-printing cash registers on the premises which will record and show the payment for every sale made or service provided on the premises, and such other records shall be maintained as would be required by an independent CPA in order to audit a statement of Operator's annual gross receipts and profit and loss statement pursuant to generally accepted accounting standards consistently applied. 10. The first paragraph of paragraph 8 . 2 of the Agreement entitled "Inspection and Audit" is hereby amended to read as follows: Operator agrees to maintain its financial records pertaining to the operation of the premises for a period of two (2) years after the conclusion of any contract year and further agrees that such financial records shall be open and available to City or City' s representative, and the City in its sole discretion may use an independent accounting firm to perform the audit, for an examination at Operator's offices at all reasonable times during business hours. Operator shall maintain all such records on the premises, or if such records are removed to another location, all such records shall be relocated, at Operator' s expense, back to the premises within ten (10) days of notice from City. 11. Operator agrees that it will repair the items set forth in Schedule "A" attached hereto within the schedule set forth in 5 said Schedule "A" . The City will, in its discretion, consider some of the larger items set forth on Schedule "A" as eligible for treatment as capital improvements pursuant to Section 13 . 3 of the Agreement. The failure of the Operator to complete the items set forth in Schedule "A" within the schedule provided for in Schedule "A" shall be deemed a default of the Agreement and entitle the City to exercise all remedies set forth in the Agreement without any further opportunity on the part of Operator to cure or to proceed to mediation under paragraph 15 of the Agreement, unless there is a dispute between the parties as to whether Operator has completed the repair of any such item. The scheduled completion dates for the repair of items set forth in Schedule "A" attached hereto shall be extended by the period of any delay caused by inclement weather or other acts of God, labor strikes, shortages of materials or supplies, or any other events not within the control of Operator so long as the Operator is proceeding diligently to make the repair. 12 . Sub-Paragraph (3) of Paragraph 26. 1 of the Agreement is hereby amended to read as follows: If either party fails to perform any of its other non-monetary obligations under this Agreement when due or called for, including but not limited to failure to perform any maintenance obligation set forth in exhibit "J" attached hereto, and the party in default fails to begin reasonably prompt efforts to cure such non-monetary default within forty- five orty- five (4 5) days after written notice from the non-defaulting party of such non-monetary default; provided, however, that if the nature of the non-monetary default is the result of a force majeure occurrence or is otherwise of a nature such that it cannot be fully cured within that forty five (4 5) day period, the party in default shall have such additional time as is reasonably necessary to cure the default so long as the party in default is proceeding diligently to complete the 6 necessary cure after service of notice by non-defaulting party. 13 . The following subparagraph (5) is hereby added to paragraph 26. 1 of the Agreement, entitled "Events of Default" : (5) The failure of the Operator to complete any capital im•rovement scheduled b the O•erator and a• •roved b the Cit within thirty (30) days after the scheduled completion date; provided however that such completion date shall be extended for the period of any delay caused by inclement weather or other acts of God labor strikes shorta•es of materials or supplies, or any other event not within the control of Operator so lon• as the O•erator is •roceedin• diligently to complete the improvement. 14 . This First Amendment shall modify and supplement the Agreement and in the event of any inconsistency in the terms of the Agreement and the terms and conditions of this First Amendment, this First Amendment shall prevail. All other terms and conditions of the Agreement are hereby ratified and confirmed. CITY Cy MIAMI BEACH 01P BI Y' l ayor. ATTEST: lleick1/4„ftCity Clerk ‘ifiY ,13 AMERICAN GOLF CO RATION By: 3-7 4! President ATTEST: • Li , •_ . eL) 0!0 •orate Secretary FORM APPROVED PNB lm LEGAL DEPT. C:\ .reements\amergolf.1am 7' January 21, 1993 �~ ��• 7 Date gi,/:79) BAYSHORE GOLF COURSE CLUBHOUSE EXTERIOR: ITEM LOCATION Boiler room door needs replacement Front of bldg. , North h of (bottom is rusted) main entrance Railing at entrance of men's locker South side of building room is bent (appears sturdy) Storeroom door/threshold need Southeast area replacement Two windows need replacement East siderear ( ) of bldg. Tiles (4" beige) framing golf shop windows - about 20 need replacement Window tint badly bubbled on several Northeast corner of bldg. windows of what used to be the office; carpeting in entrance area needs replcmt. Cracks and holes at bottom of steps South side of entrance at main entrance* INTERIOR: Replace ceiling tiles in golf equipment storeroom Dining area glass ceiling/walls (facing golf course) badly stained (approximately 15 panels) Ceiling portion around A/C vent near golf shopneeds repair/paint Men' s Locker Room/showers - Carpeting needs replacement in areas outside main locker room itself (entrance area particularly bad) - Wall tiles near bottom in restroom/shower room need replacement Women' s Locker Room/showers - Ceiling vent needs replacement and one light is out - waiting area (sofas and chairs) - Wall needs repair in shower room (apparent water damage) g ) SCHEDULE "A" Page 1 of 3 NORMANCY SHORE GOLF COURSE CLUBHOUSE EXTERIOR: ITEM LOCATION Metal railings have significant rust Front entrance steps damage* P Window covers need replacement due to Front of building rust damage Leaking pipe below A/C unit needs II II repair Facer board requires painting II "" Base of columns (extreme left and "" II right sides) are rotted Window frame needs repair and painting South side, front of bldg. Mesh cover for air holes is missing II "" Window glass needs replacement, some Side of building (South) work needed on frame Wheelchair ramp at entrance of men's Rear of building (East) locker room needs repair (it is cordoned off) * Column bases need work "" II Awning missing at rear entrance II II Storage shed door needs replacement Side of buiding Door next to ladies' locker room II II needs replacement Sign on ladies ' locker room missing II it MOST OF REAR SIDE OF THE BUILDING NEEDS REPAINTING==== INTERIOR: Carpeting in dining room needs replacement SCHEDULE "A" Page 2 of 3 NORMANDY SHORE GOLF COURSE CLUBHOUSE (cont'd. ) Many ceiling tiles in dining room area and locker replacement. A number of these are unsightly. rooms need ROOF NEEDS TO BE CHECKED AND POSSIBLY REPAIRED. THE AMOUNT OF CEILING TILE DAMAGE INDICATES SIGNIFICANT ROOF PROBLEMS. * Wall repairs and painting needed along window in dining area Men's Locker Room/showers - Hand dryer not operational Ladies' Locker Room/showers - Ceiling needs some repair and painting - Some walls have extensive water damage, with chipping and evident PP g mold * Repair must be completed within 120 any s. If Y of the above items cannot be completed within sucheriod then p a longer period of time as necessary to complete the repairs will provided that Operator proceeding be allowed, p is proceeding diligently to make the repairs. SCHEDULE "A" Page 3 of 3 ,t 1i' • 11 III p American Golf Corporation. CITY OF MIAMI BEACH RATE INCREASE PROPOSAL BAYSHORE & NORMANDY PERMIT HOLDER SCHEDULE 11-02-92 CATEGORY RESIDENTS ** NON-RESIDENTS** 5-DAY SINGLE $708 .50 $1062.75 7-DAY SINGLE $899.25 $1253 .50 5-DAY HUSBAND/WIFE $953.75 $1308 .00 7-DAY HUSBAND/WIFE $1389 .75 $1689 .50 EACH ADDITIONAL CHILD $163.50 $163 .50 (17 & UNDER) PAR 3 $327.00 $490.50 LOCKER RENTAL $65 .40 $65 .40 * SALES TAX NOT INCLUDED. ** THESE RATES SHALL NOT APPLY TO ANY ANNUAL PERMITS EXISTING PRIOR TO OCTOBER 1,1992 ITIL THE PERMIT YEAR • PERMIT HOLDER' S CART SCHEDULE 1MMENCING OCTOBER 1, 1993. (11 CART PRICE, TAX INCLUDED) OFF-SEASON SEASON WEEKENDS/HOLIDAYS $13 .00 $13 .00 WEEKDAYS $12 .00 $13 .00 TWILIGHT $11 .00 $11. 00 9-HOLE CARTS $7 . 00 $8 .00 RESERVATION FEE $1.00 $2.00 (NOTE: IN SEASON APPLIES DAILY) (NOTE: OFF-SEASON WEEKENDS & HOLIDAYS) OFF-SEASON: APRIL THRU OCTOBER SEASON: NOVEMBER THRU MARCH RESTRICTIONS: 1- WALKING PERMI TTED YEAR ROUND BEFORE 8 AM. 2- WALKING PERMITTED YEAR ROUND AFTER 1 PM. 3- 5 DAY PERMITS VALID MONDAY THRU FRIDAY. VOID HOLIDAYS. NOTE: THIS PLAN IS CONTINGENT UPON APPROVAL OF THE ENTIRE PLAN. THE MEMBERSHIP WILL BE REOPENED TO ALL MIAMI BEACH RESIDENTS, THE CURRENT NON-RESIDENTS WILL BE GRANDFATHERED, NO NEW NON-RESIDENT PERMITS WILL BE ISSUED. REV I SED EXHIBIT "H" (Page 1 of 3 ) --- / / 14 1. American Golf Corporations CITY OF MIAMI BEACH TOURNAMENT ROTATION PROPOSAL* BAYSHORE & NORMANDY 11-02-92 THE FOLLOWING PLAN IS CONTINGENT UPON APPROVAL OF ALL ITEMS. THE PROGRAM IS BASED ON A TWO HOUR TIME SLOT ROTATION SPLIT AT ONE HOUR FOR EACH COURSE ON EVERY WEEKEND AND HOLIDAY. THE ROTATION PERIOD ON TIMES IS A FOUR WEEK SCHEDULE.. THESE TIMES WILL BE EXCLUSIVELY HELD FOR PERMIT HOLDERS UP TO FOURTEEN DAYS IN ADVANCE. ANY TIMES NOT FILLED SEVEN DAYS IN ADVANCE WILL BE OPEN TO THE GENERAL PUBLIC. IN COOPERATION WITH THE CITY, A.G.C. WILL POST IN THE LOCKERROOMS AT EACH FACILITY A TOURNAMENT SCHEDULE. NOTE: TOURNAMENTS MAY NOT BE SCHED(3L,ED DURING THESE PERMIT TIMES: FOR EXAMPLE: BAYSHORE WEEK ONE NORMANDY WEEK ONE PERMIT TIMES PERMIT TIMES 7:0(AM 10 :00AM TO TO 8 :00AM 11:00AM BAYSHORE WEEK TWO NORMANDY WEEK TWO PERMIT TIMES PERMIT TIMES 8 :00AM 9 :00AM TO TO 9 :00AM 10 :00AM BAYSHORE WEEK THREE NORMANDY WEEK THREE PERMIT TIMES PERMIT TIMES 9:00AM 8 :00AM TO TO 10 :00AM 9 :00AM BAYSHORE WEEK FOUR NORMANDY WEEK FOUR PERMIT TIMES PERMIT �TIMES 10 :00AM 7 :00AM TO TO 11:00AM 8 :00AM *THIS TOURNAMENT ROTATION PROPOSAL IS NOT RETROACTIVE WITH REGARDS TO PREVIOUSLY BOOKED TOURNAMENTS. THIS PLAN APPLIES TO TOURNAMENTS BOOKED ON OR AFTER THE DATE THE NEW RATES BECOME EFFECTIVE. REVISED EXHIBIT "H" (Page 2 of 3) 1 ! 11 1I1 I� ,I 1;1 ti . American Golf Corporation® CITY OF MIAMI BEACH RATE INCREASE PROPOSAL MAXIMUM PUBLIC RATES BAYSHORE & NORMANDY (RATES INCLUDE GREEN FEES, CART FEES AND SALES TAX) BAYSHORE GOLF COURSE (MAY 1ST THRU NOVEMBER 15TH) FLORIDA RESIDENTS NON-RESIDENTS $30 .00 $35.00 (NOVEMBER 16TH THRU APRIL 30TH) FLORIDA RESIDENTS NON-RESIDENTS $45.00 $55 .00 NORMANDY GOLF COURSE (MAY 1ST THRU NOVEMBER 15TH) FLORIDA RESIDENTS NON-RESIDENTS $25 .00 $35 .00 (NOVEMBER 16TH THRU APRIL 30TH) FLORIDA RESIDENTS NON-RESIDENTS $35 .00 $45 .00 **PUBLIC CART RATES: $16 0 0 18 HOLES REVISED EXHIBIT "H" (Page 3 of 3 ) �-- 9 Jo T 8mfd .l'. ZISI87C� o4 aoT=d n4s0w •sem ��� '�P�ats��►�o � qv. �T10d80qu .q�b��� s �uTl�a4 PuQ 'ioTsd soew enoo� e� ',Asp OE cr�q��nuooi;4�T�8n 'buTpoou�no •2o;iQ fou 6crTA=raeQ AQ buTpmpsisno =oi Plavds�d Timis sonans bcrT44nd eqy •4••; eayrnbs 000't MN! •sqT OC 3o11 io 04112 w 4, _ semeno�_ =o �� SOOT 'faxTvTcntszed io peretq w /Pc�* •Qt�ef=.L _o tT�i Inn uT LtttU. popoos�no�� � sq.; cis suceib see.tb�rtt � TTS � *q tasoqU :slog pe�.to ��d -�'P�ss=wn�o =e3uTw Ault o4 aoTid Jlttro � _ ea( ttgRs buTRo4QqneP An��B s��o .tn• in on a4� ; P� tnooms o v� =dooddQ •v •x��ovad�niss� swriessnu pug waeab bu���nd tT� Jo 6ctTAos � tT4.�t�A 4017 •� o •ruseab et4 �n t4scroo � Pssn wq3 03 asuaT• xpt v io puss wi lT�w butsseipdos •roQ�.xct• auj;;nd 'noon,ptuies 04 mom se 'dtTvuoT4IppQ pal •H so Ian Q4Tw pntoi�d uo � i�• ; �bcroj Triallow Au, 244IT 'y ossznu pus wcezb 6ttmnd roT4ott�id '� cezb TTsnse,sox •2 •� ��P =seJI sed s�tti4 •s� ;swot bt��6 Pint wttes�.b bu���ttd •aj4aysd • I 411 n�u�unu �m2.6 tTi i3Tr.y •Q 'ATM su•esb 1,0j43112d Pus sulDaza TT. U0 3=4 POBVIEVP 2.1r40 AIM 20 140ATP Intzlin zT*dog • '4uoss a*Td snojwssd sq4t°t= ;sag A3usA3 ntt �� PO ►os eq tTTA toj3rOotdna • tosies-iio ui 4400A SOU73 *CM 4111.0ThT 3•Puy uoons *wTa, eq4 buTsnP L � ; g�T3312d pus �»asb tTi ro � t dna • .e _o ;Wm • 3 xss afoam wT1zhN9t/fr - .9T/f T 311t - dttTwott 'y WITIMEntirritr5M-sarMriarmar-rrirm .t �1�ailard�n9 shall be top�drsised 8• o grsenenoonatruoliot� sal�itial i� atrial °Oi�st =ixlnre. A complete t� fertiliser shall 1be pp1ifl.di.te ) ortoseeding. Croon be irriqautii. to �� butnot soaked�d nAtil all gsr �� ed.During gsrajnatiotPeriod, `up � emFts.t moving its_��� normal�al cutting heights gradually. ll A prsv.ntjv, program of fungicide applications .shall be uintaiAed starting two days after ing. G. Spiking of all grs.,, dnraitati� hall bePrloraed a• ne�detvitricns to water infiltration. R. Fertilisation All as, prac,tjcy greens, andnurserie• shall receive appropriate to prevent � fungal activity. I. Fungicide nurseries shall greens, Practice greens and topropri tungici • di�saa� activityprevet and/or control fungal J. Pre-emergent herbicides such as Balan, Dacthal,shell be used in the appropriate amounts andaPP .priat• times to prevent intrusion the greens of vied• difficult to eradicate such as poa anus, gocsegrass, crabgrass, etc. K. Weed Control - A,119reans nurseries shall be maintained free octice ���n� and grasses and weeds. und�airabl• L. Insecticides - All nurseries shall be greens, practice e� and or halt i *. t das�9�, necessary to prevent Exhibit "J" page 2 of 8 • • A. /3/1' -loving s/&ii tees shall be moved at a height othree tiea pat wek. f D. Topdressing - X111 ��d at lssaterg on � shall be �+�a surface. weekly to fill divots and level seed of annual or�persnnja material shall contain species as aPps'opr atm. zY�ass�a, or other C• Seeding - x,11 tee areas shall be overs• • rate of not less than to lb.4i o00 � � at a by October is each ysax. � � �ae tut eed suitablespciesor blond. used shall be speciesa D. Bet-up - Tee markers and moveddaily !or proper teeing1 � equipment shall be tsar. and control of turf E. 11ied Control - Tau shall be kept wed frse to an extent of at least 90* of the area and timely application ofpost-e . gant by the proper herbicides. F. Vertical boyin mowed as Aeca9a 1111 tees shall be vertically up or uneven grry � control sat or thatch build- G G. Aeritication - 1l1 tees X11 be aeritied at least every two months from March through October. H. Fertilization - All tees X11 be fertilized with nia�ta,�d�c!en phosphorous, potash, � other elements turgidity of the turf, without allowing health and or excessively succulent growth. a�cc���iv� 3 . A. Mowing - All fairways shall be moved three times per week at a height of 1/2' - 7/e' during the growing season and as needed fbr the balance of the year. Contour moving as specified in the original plans shall be ,a�,�it„d.°rchitect B. Aerification - All fairways shall be aerilied a minimum of three times per year, in the spring and in the summer. 71erilication holes shall not exceed a spacing of eight inches on center or be of a diameter of less than 1/2•. EXHIBIT 'J" PAGE 3 of 8 .e. rartili:•tion - 1►li fairways shall be fertilised vitt nitrogen, phosphorou,, potash, or other •lssanta as needed to maintain color healthand turgidity of the turf, vithouiloyinq excessive or excessively succulent growth. D. Vertical Moving - All fairways will be vertically moved as necessary to control mat or thatch build- up. X. Weed Control - Fairways shall be kept weed free to an extent of at haat 90% of the area by the proper and timely application of preuergent and/or post-.aergent herbicides. 4. amnia All turfed areas of play except greens, taxa, fairways and natural growth areas. �• Mowing - 11.11 roughs shall be mowed weekly during the growing season and as necessary during the balance of the ysar, at beighta of 3/4* - i i/t*. Rout� mowing height shall not exceed 1 1/t• with o the direct approval of the Regional Superintendent, and rough moving shall not be suspended for any tournament without such approval. B. Aerification - 1) Fairway-to-tree-line play areas shall be performed at least tvo times per- year. 2) Within wooded play areas - as necessary to establish and/or maintain turf. C. Fertilization - Roughs shall be fertilized as necessary to maintain turf. D. Weed Control - Shall be performed as necessary to control seed formation, or to allow proper play. 5• Natural Growth Areas All areas in which native or introduced vegetation is allowed to survive without routine moving, irrigation, or other routine turf maintenanceltivatinq, procedures. May be out of play areas, steep slopes, barrier, windbreaks, nature trails, etc. Such areas are to ha maintained free of excessive trash, noxious weeds and vertebrate pasts, and in such manner as to comsuch ply fully with r�qulation� asirs saydapp�t department regulations or other Y natural growth EX$IBIT "J" PAGE 4 of 8 1 . . • , ..� ji �Yimproved and spy from Ube to time subjected � irrigatj , aultivatl , p� � o= otbersuoh ptactioea a• saY bnecessaryor desirable to or maintain them. They may or converted to sore intsnsjv.1 _aanag.d not type• vitbout tb• direct approval of the Regional superintendeut. 6. a�� A. Chan-up - x,11 planter. shall be maintained trash and debris such aspaper, free of bottle, fallen limbs drinking c�� and leaves, etc. B. Weed Control - 1111 planters shall be maintained free of weeds or grass whether by mechanical or chemical means. C. Trimming - The plant material (tress, ��sh protctjonground elrwinrd, shall b� trimedloand appearance. • insect damage, and !or Calla" A. Stakes - Trees shall be staked as necessary of sufficient size to stand unassisted. e�il shall be installed and maintained in the manner recommended by the University of California, Stakes shall be removed as soon as possible. B. Pruning - All trees shall be properly Pruned for protection from wind and pests as well as for appearance and safety. C. Irrigation - A.11 trees shall bit irrigated to Provide adequate moisture for normal growth. D. Moving Large area movers shall not be used within one foot of the trunk of any tris. r B. Removal and Replacement - All dead trees, for whatever cause, shall be removed and replaced Within twenty working days. Replacement shall be with a tree of appropriate type and size. EXHIBIT 'J" PAGE 5 of 8 A. Repair or replace all bsads, valves, controllers, wiring, and pips as needed to Maintain the proper operating of the entire golf course irrigation system (including greens, tau, fairways, planters, Mawr beds, etc.) on an on-going basis. B. The golf course shall be irrigated as necessary to support of the golf turf andassociatedsociatd • • 9• Zsnc.i - iii zuwand Na i l a a1 w..ti s. . n jax• IMZNd sir.. etc. on or Within Boundaries Qttb! or �►• Repair all broken or daaag.d fencing as necessary, B. Immediately repair or replace as necessary fences, gates, and locking all protection of the devices needed for the golf course or equipment. Doundari.s of the Golf Coors! - IL y t • .' ' .' A. Course Restrooaa - All course restrooaa shall be maintained daily its a manner so as to provide clean and sanitary facilities for the public as veil as gployses of the course. Soap, toilet paper, etc. shall be provided in towels, ate quantity at all times. Portable facilities shall be maintained similarly. H. All buildings and structures shall be maintained in good repair at all tines. surrounding areas shall be maintained free of weeds, brush, disorganized junk or broken-davn equipmant, traab piles, etc. Intarlor areas shall be clean and neatly organized, safe and sanitary, for customers and Painting, rodent and insect control, employees. landscaping shall be performed as necessary."Howekeepinq duties shall be assigned to all maintenance crew aeabor and sba21 be performed daily. C. Cart Paths - Maintain all cart paths in a smooth and clean condition and repair promptly as needed. D. The golf course superintendent is responsible for all facilities and structures maintenance not EXHIBIT 'J" PAGE 6 OF 8 8 30 L 3DKd „r. ZIHIHXB steno �'w0ia s�q io •soql :y ONUS eq.; eq Att�-tou 'Items R o awPueluiedn• •qs •peujy4uTuu pug peqeZTme* eq unoq mrtttbag •4u*pueluTsedns Jlqnp-uo uv AQ PesTn.xedn• dTTwp •uroo eq3 3v A;np uo eq rvq. Acta eocrQusaupirs ITni • '=egaQew wevretaui buTinp mvq3 21,1140 1111373 •st Pe4IpubS sep •Iq =o .uc► •*AT;�wtr�ide.t �a j� vt nx�� o, �smo3 itaJ swop-roe/4je �q� Jo tsi►oaddv 4oe2TP QaTw ccaxv.42spun �o TTS ebvjPTTn4 e� so *tt�oa eq uo ���=�P°s eq� so 8110211t8110211 • nob �q3 ;to uoj�od yrs �L ;"►��� nos io �uantios�t Atzs cc� �ptQd a�� s9024 s�4Uw) �sWq JCas �uoj3�•6S4 ��j�� 20 Pte• io Tse 20 uoj�TPP� •i �.so ao���PPi '�d� psi l�v�e =o r���eTie�Qi gone ��zno� itob •q� jo � tvojsJlgd •q4 ctj •6ctvto lu1i ISUTTIMERFPUIrVOMEN1411105 • PT zo; �ibosd •=vsJl Rowe pe =�Tc�b�� f�T3�Td�.s swum 4�t�s�q��j *mums� mitts �srnoa eq.; �� 6Ro�d P� pePeew 'pe4�tATaT� OK uo Q q � oyez, bctj4uvTd enoTztenrArnrC53�qy 'Et •Asa dein so; •Tqar3Tns 'ea; eli=i_ sedate mp ITTAPmt ;ctsnOstd� •1110440C1 sin al pay t mdeP .r sturlt • vTr4vj� o4 PePee�t n pv�s q11021 �TA �Ttfi Pa* P•�cei 'ajt n•�2aasaas a. nu-wpm L2lso1u n pebpo eq neve odes; Pis TT! 'Lt •inarvi enq'3 porton qlwosb UotT souvue;ipeu io Avid 3o noj3ofts'ieRo ou •j e»q3 ;wq4 esustri � mow es wop eq ic'q. •a3s '�v•Msd Aot�1q esxoq ma3se 'nx puttios� bizi6p, pis;snit ogdu��4 �AjU► p� ;dm�Q ��n evasouoa pire Bof3,rd •exTimePj• try PSU10315d seg3eW '*eQ=�°ite °s•sc ;mg awo WPM 'tt s •notiQato •qa ► 'qaTA • 16- Trallik_anfLiatuu Shall be collected daily and removed as �cassasy to ensure �d fr�o� the prap.odor, sisal problqs _� refuse be conveniently stationed� tees trash shall areas and eaptiia daily. other appropriate 17. . Shall be routinelypsrtor .I� � basis1A sch a that vertebrate on •1L1Itflat.d. �e steadily reduced and eventually ""rpt• p��t popu1atj and 18 - Asniatig All lakes, esappearance. streams shall ba maintained safe sanitary manner good app+aran �. in a 19. NALLand Ault Analysis will be perfo . professional laboratory. Yearly by an approved mss' THESE SPECIFICATIONS INpICATE EMI= PRACTICES NECESSARY FOR THE PROPER CE OF ANY GOLF COURSE. Ill NO MY DO THEY LDUT THE RBSpONBZHILITY Or THE WIZ COURSE BMENDENT FOR THE CARE AID MAINTEIIANCE Or THE PRoPBRTy. EXHIBIT 'J" PAGE 8 OF g - - RESOLUTA. NO. 93-20692 Authorizing the Mayor and City Clerk to execute a first amendment to the Management Agreement between American Golf Corporation and the City of Miami #Beach. ttIMIIIMMEIMMO •