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Interim Mgmt Agr North Shore ~-:'I .' INTERIM MANAGEMENT AGREEMENT FOR THE CITY OF MIAMI BEACH NORMANDY SHORES AND PAR 3 GOLF COURSES TillS MANAGEMENT AGREEMENT (Agreement) entered into this 5th day of Septembe,2001, and effective as of October 1,2001, by and between the CITY OF MIAMI BEACH, a Municipal Corporation organized and existing under the laws of the State of Florida and having its principal office at City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and PROFESSIONAL COURSE MANAGEMENT II LTD., a Florida corporation with principal offices at 12000 Biscayne Boulevard, Suite 810, Miami, Florida 33181 (PCM II). RECITALS WHEREAS, on November 29, 2000, the Mayor and City Commission accepted the recommendation of the City Manager and authorized the Administration to enter into negotiations with the most qualified firm of Professional Course Management Beach Limited, for the management of the City's golf courses, clubhouses and related facilities, pursuant to RFQ No.1 25-99/00 (the RFQ); and WHEREAS, it is anticipated that the Bayshore Golf Course will be closed on October 1,2001 for capital renovations, and the construction bid will be awarded in October, with the actual construction beginning approximately 30 - 45 days after bid award; and WHEREAS, it is projected that the Bayshore Golf Course Project will take approximately twelve (12) months to complete and, upon the reopening of the Bayshore Course, the Normandy Shores Course will close to undergo capital renovations; and WHEREAS, while the Bayshore Golf Course Project is under construction, the Normandy Shores Golf Course will remain open for play by residents, tourists and day guests; and WHEREAS, the current agreement for management of the City's golf courses with Chuck Hart Management Group, Inc. concludes on September 30, 2001; and WHEREAS, in accordance with the City Commission's directive, given on September 13, 2000, the Administration is recommending that Professional Course Management II, Ltd., as the successful proposer in response to the RFQ, be awarded an Interim Agreement, to manage the Normandy Shores and Par 3 Golf Courses. NOW THEREFORE, in consideration of the mutual premises set forth herein, the City and PCM II, intending to be legally bound, hereby agree as follows: TERMS OF AGREEMENT I. PREMISES TO BE MANAGED: City grants PCM II the right to manage and PCM II agrees to manage the following properties (hereinafter referred to as the Premises): .... 1 , 1.1 Real Prooertv. Those certain City-owned golf courses commonly known as: a. Normandy Shore Golf Course, 2401 Biarritz Drive (excluding sanitary sewage area) b. Par Three Golf Course, 2795 Prairie Avenue Together with all buildings, improvements and fixtures located thereon. 1.2 Condition. Prior to the effective date of this Agreement on October 1, 2001, the City and PCM II shall jointly inspect the Premises to establish a list of current repairs to be made by the City to be mutually agreed upon and memorialized in writing between the City and PCM II. Upon the completion of the agreed upon repairs, PCM II therefore accepts the Premises in their "as is " condition and agrees that the City shall have no further obligation to improve, repair, restore, refurbish, or otherwise incur any expense in improving or changing the condition of the Premises at any time during the term of this Agreement. In lieu of making extensive repairs to the existing clubhouse, the City retains the option of providing a modular clubhouse, either by relocating the system currently at the Bayshore Golf Course upon its closure or a similar unit procured by the City. Upon the completion of the agreed upon repairs or the placement of a modular unit similar to the Bayshore Golf Course unit. Costs related to the identified repairs or the modular unit shall be the responsibility of the City. PCM II shall be liable for all risks associated with the operation of the Premises in the conditions they are received including any claim, demand, cause of action or liability resulting from injury to or death of persons, or damage to or loss of property resulting from or alleged to have resulted from said conditions. The City further acknowledges that PCM II shall not be required to improve, repair, restore, refurbish, or otherwise incur any expense in improving or changing the condition of the Premises if same is defined by the City as being a major capital improvement and requires PCM II to exceed the threshold amount of$I,OOO, as same is more specifically defined in subsection 12.2 herein, without the further participation or contribution of the City (as also defined in subsection 12.2 herein), 1.3 Reservation of Rights of Wav This Agreement is subject to all existing utility lines or facilities, rights of way, and ingress and egress to City-retained areas and the City's right to replace and/or maintain same, whether or not such matters have been recorded in the Public Records of Miami-Dade County, Florida. This shall include, but not be limited to, any and all underground and above-ground utilities located on the Premises. City also reserves the right to construct, install and maintain utilities that it deems in its sole discretion to be necessary or beneficial to the operation of the City, City agrees to give PCM II reasonable notice prior to exercising any such construction, installation, or maintenance of utilities which may result in a temporary tearing up the course, PCM II reserves the right to cancel or otherwise close the affected course until such time as the work is completed or the course can be re-opened, whichever comes first. Any disturbance or damage to City-owned or City-authorized utilities located on, under, or over the Premises, caused by or through PCM II's activities, shall be promptly repaired at PCM II's expense. 2, USE OF PREMISES 2.1 Public Course PCM II agrees it will use the Premises solely for the operation of a public golf course 2 facility. This use shall include the operation of the golf courses (including tournaments, except that tournament play (i) exceeding four per month; (ii) causing closure of the golf course; or (iii) tournaments not open to City of Miami Beach residents, shall require the prior written approval of the City), driving range, pro shop, food and beverage facilities, parking facilities and PCM II's office. Services shall include those customarily associated with the operation of the courses, including the rental of golf related equipment, the providing of golf instruction and lessons, and the sale of food, beverages and such other items as have customarily been served or sold at the courses in the past. No other business shall be conducted on the Premises without the prior specific written authority of the City Manager or his designee. 2.2 Prohibited Activities PCM II shall not use the Premises for any unlawful purpose and shall comply with all laws, and permitting requirements now in force or hereafter adopted, applicable to the Premises or the businesses conducted on the Premises. PCM II agrees not to use the Premises for, or to permit the operation of any offensive, noisy or dangerous activity, nuisance or anything against public policy, There shall be no living quarters on the Premises nor shall anyone be permitted to live on the Premises. Except as may result from acts of force majeure, PCM II agrees that it will not allow the Premises to become unoccupied or vacant. PCM II shall take appropriate precautions to prevent fire on the Premises, maintaining existing fire detection devices and extinguishing equipment at all times. PCM II will not permit the outside use of any musical instrument or noise making device on the Premises. PCM II will not remove or destroy or permit others to remove or destroy any trees on the Premises with a diameter greater than four inches without the prior consent of the City Manager or his designee. PCM II shall make diligent efforts to prevent the infestation of noxious plants, insects or animals. 3. TERM The Term of this Agreement shall begin on October I, 2001, and conclude on September 30, 2003, or immediately upon the closure of Normandy Shores Golf Course for planned construction! renovations, which ever is first, including a cancellation clause upon sixty (60) day written notice to PCM II for convenience and without cause, to be exercised at the will ofthe City, if deemed in the best interest of the City, subject to the City's rights to terminate same pursuant to Section 15 of the Agreement. 4. RENT 4.1 In consideration ofthe City executing this Agreement, and granting the rights provided in this Agreement, PCM II shall pay the City $6,000 per month during the term herein. If after the closure of the Bayshore Golf Course there is a 20% increase in the number of rounds of golf played at the Normandy Shores Golf Course (over a base annual number of 45,000 rounds, and a monthly allocation as broken down in "Exhibit A") the monthly payment will increase from $6,000, to $9,000 per month, 4.2 Rent Commencement Date Rent shall commence on October I, 200 I, and shall be due and payable on or before the tenth day of each month following the end of the month for which payment is made, 3 4.3 Interest for Late Pavment Any payment which PCM II is required to make to City which is not paid on or before the respective date provided for in this Agreement shall be subject to interest at the rate of twelve percent (12%) per annum, accruing from the due date of payment until such time as payment is actually received by the City. 5. SALES AND USE TAX It is also understood that the required Florida State Sales and Use Tax on rental payments shall be added to PCM II's rental payments and forwarded to the City as part of said payments. It is the City's intent that it is to receive the monthly rental amounts as net, free and clear of all costs and charges arising from or relating to the Premises. 6. MAINTENANCE AND EXAMINATION OF RECORDS PCM II shall maintain current, accurate, and complete records related to the number of rounds of golf played at each course daily. The number of rounds played at the Normandy Shores Golf Course shall be compiled monthly and serve as certified documentation to determine additional rent due as stipulated in Section 4.1" and the number of rounds played at the Par 3 Course shall be for informational purposes only. These records shall be open to inspection by the City upon reasonable prior request. 7. INSPECTION AND AUDIT PCM II shall 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 financial records shall be maintained as would be required by an independent CPA in order to audit a statement of annual gross receipts and profit and loss statement pursuant to generally accepted accounting principles. PCM II shall 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 (a "contract year" being hereinafter defined as that certain period from October 1st to September 30th of the following year), and further agrees that such financial records shall be open and available to the City for audit, as deemed necessary by the City. PCM II shall maintain all such records on the Premises or, ifmoved to another location, all such records shall be relocated, at PCM II's expense, back to the Premises within ten (10) days' notice from the City. 8. TAXES. ASSESSMENTS. AND UTILITIES 8.1 PCM II to Pav PCM II agrees to, and shall pay before delinquency, all taxes and assessments of any kind assessed or levied upon PCM II or the Premises by reason of this Agreement or by reason of the business or other activities of PCM II upon or in connection with the Premises. PCM II shall also pay any fees imposed by law for licenses or permits for any business or activities of PCM II upon the Premises or under this Agreement and shall pay, before delinquency, any and all charges for utilities at or on the Premises (including, but not limited to, water, electricity, gas, heating, cooling, sewer and telephone, trash collection, etc.), The applicable Florida State Sales and Use Tax on rental payments shall be added to PCM II's rent and forwarded to the City as part of said payment (pursuant to Section 5 herein). 4 8.2 Procedure If Taxes Assessed Notwithstanding, Subsection 8.1 above, the parties agree that the operation of the Premises and those operations convenient and necessary therefore, are for public purposes and, therefore, no ad valorem taxes should be assessed by the Miami-Dade County Property Tax Appraiser. If, however, said taxes are assessed by said Property Tax Appraiser, the City shall be responsible for payment for same. 9. OPERATION OF THE GOLF COURSE 9.1 Davs and Hours of Service PCM II will keep the courses and related facilities open and will offer those services attendant to the operation of the courses every day of the year, during daylight hours, weather or events of force majeure permitting, Changes to the hours of operations shall only be made with the prior written approval of the City Manager or his designee. 9.2 Fees and Charges Prices charged for pre-paid greens fees, driving range fees, merchandise, riding cart rentals, pull cart rental, and food and beverage sales will be posted on the Premises at those locations where such fees are normally paid. All fees and charges shall be competitive with those charged by comparable public courses in Miami-Dade and Broward Counties, and shall be subject to the prior written approval ofthe Mayor and City Commission. The proposed fees are set forth in Exhibit "B", attached and incorporated herein. In the event of any increase in fees from those currently set forth in Exhibit "B", the City shall have prior written approval of same, except that for any fee set forth in Exhibit "B", or any successor schedule, PCM II shall have the right to increase fees in an amount equal to the amount of any sales and use tax increase enacted after the effective date of such schedule. 9.3 Retention of Receipts The cash register receipts showing the date issued and amount paid shall be issued to every person paying any fee or charge on the Premises. PCM II shall post a sign advising golfers to keep greens fees receipts in their possession during play. PCM II, at its discretion, may ask golfers to display their greens fees receipts and may remove from the Premises any person who does not have a valid receipt for current play. Any such person shall be courteously removed. 9.4 Food and Beverage Service All food and beverages sold on the Premises will be properly prepared and served in compliance with all applicable health and sanitary standards. The quality of food, food costs, and service will be comparable to that available at such public golf courses as Biltmore Golf, Key Biscayne Golf Course or Miami Shores Golf and Country Club, (also managed by PCM II). All food and beverage concessionaires selected by PCM II shall be approved in writing by the City Manager or his designee. All dining facilities in adjacent areas will be maintained in a clean and sanitary manner. All food and beverages sold by PCM II will be intended for consumption on the Premises and shall be dispensed from inside the clubhouse restaurant, bar, beverage cart, and that certain outside cook-out area(s) located at the Normandy Shores Golf Course, unless otherwise approved by the City. Food and beverage containers for items permitted to be taken outside the clubhouse restaurant or bar will be subject to regulation by PCM II for the purpose of controlling and preventing litter. Food and beverage services shall be offered to patrons at all times as a reasonable demand for such service exists, but in any event PCM II shall at least maintain minimum food and beverage services one half hour before the first 5 round of golf commences and one half hour after the last round of golf has been played, 10. EMPLOYEES In connection with the performance of its responsibilities hereunder, PCM II may hire its own employees who will be employees of PCM II and not of the City. PCM II shall select the number, function, qualifications, compensation, including benefits, and may at its discretion, periodically adjust or revise the terms and conditions relating to such employees, I I. SIGNS PCM II will not erect, install, maintain or display any sign on the Premises that does not comply with the requirements of the City's Zoning Ordinance, as same may be amended from time to time. 12. ALTERATIONS. MAINTENANCE. AND REPAIRS 12.1 Alterations PCM II may not make alterations or additions to the Premises unless made on an emergency basis to prevent injury to persons or property. In that event, PCM II will submit plans for any alteration or addition with a value of more than One Thousand Dollars ($1,000.00) to the City for the prior written approval ofthe City Manager or his designee. Such alterations or additions shall be made at PCM II's sole cost and expense and shall become the property of the City upon termination of this Agreement unless otherwise agreed to by the City in writing. PCM II shall not have the right to create or permit the creation of any lien attaching to City's interest in the Premises as a result of any such alterations or additions. 12.2 Maintenance PCM II assumes sole responsibility for maintenance and repair of all properties, facilities, improvements and equipment on the Premises and, except for the reports to be made as mutually agreed to in writing between the City and PCM II, as provided in subsection 1.2, herein accepts same in their present "as is" condition from the City. PCM II shall, at its sole cost and expense, make all repairs necessary to maintain all City-owned equipment, buildings, and structures, and has the sole responsibility for building maintenance to include but not be limited to the repair and replacement of all the respective City-owned golf course properties, fixtures, plantings, furniture, and related equipment, including heating, utility and plumbing systems. The parties herein acknowledge, and PCM II herein agrees to be bound by the following minimum maintenance standards as delineated in Exhibit "c" - including Golf Maintenance Standards, Golf Maintenance Staff and PCM II's plan for use of chemicals on the Premises. (The aforementioned documents are collectively attached and incorporated herein as Exhibit "C"). The City shall from time to time conduct inspections of the golf courses to determine compliance with above referenced standards and submit them in writing to PCM II. PCM II herein agrees to respond to the City's findings in writing, addressing all findings including an action plan and time line for resolutions of said findings. It is further understood that upon the request of the City, PCM II shall provide the City with a report in a format approved by the City, that shall include, but not be limited to, maintenance to greens, tees, fairways, roughs, building maintenance, levels of irrigation, fertilization, weed control, etc. Notwithstanding the foregoing maintenance obligations, PCM II shall not be responsible for major structural repairs to roofs, exterior walls, air-conditioning, or foundations, which exceed a threshold amount of$I,OOO.OO. The City, at its option, may require PCM II to pay the initial $1,000.00 6 for any such major repair, with the City to be responsible for those costs in excess of said initial $1000.00. 12.3 Personal Prooertv At the commencement of this Agreement the City will purchase or lease the necessary golf course maintenance equipment, as mutually agreed upon by both parties, for Normandy Shores and the Par 3 Golf Courses, and as shall offered and incorporated herein as Exhibit A. PCM II, will pay the City for approximately 75% of the annual cost of this maintenance equipment expense. Said payment should be submitted at the time the rent payment is made. PCM II will be responsible for the maintenance and proper operation of all equipment, to ensure that all warrantees and guarantees remain in effect. It is further understood that this golf course maintenance equipment will be relocated to the Bayshore Golf Course when it reopens, and at that time the 100% of the cost for the lease/ purchase will be the responsibility of the City. A list of City provided golf course equipment included in the Agreement for use by PCM II during the term hereof, is attached and incorporated herein as Exhibit D. PCM II shall maintain all City-owned equipment at its sole cost and all equipment such other equipment as may be necessary to maintain the Premises in a condition which satisfies those maintenance standards set forth in Exhibit C. The City shall have the right to periodically take an inventory of any or all equipment on the Premises. The parties further acknowledge that if deemed necessary, PCM II will be responsible to supplement the maintenance equipment through either the direct lease or purchase by PCM II of any equipment not included in Exhibit D, to be used for the operation and maintenance of the Premises. 13. INSURANCE PCM II shall maintain, at PCM II's sole cost and expense, the following types of insurance coverage at all times throughout the term of this Agreement. a. General liability insurance with not less than the following limits: General aggregate $2,000,000 Products (completed operation aggregate) $2,000,000 Personal and advertising (injury) $1,000,000 (Each occurrence) $1,000,000 Fire damage $ 100,000 Medical Expense $ 5,000 Liquor Liability (aggregate) $2,000,000 (Per occurrence) $1,000,000 Pollution Liability $2,000,000 7 b. Workers Compensation Insurance shall be required under the Laws of the State of Florida. c. Automobile Insurance shall be provided covering all owned, leased, and hired vehicles and non-ownership liability for not less than the following limits: Bodily Injury $1,000,000 per person Bodily Injury $1,000,000 per accident Property Damage $ 500,000 per accident d. Fire Insurance shall be established at such level as deemed acceptable by the City's Claims Coordinator for each structure and facility. e. Pesticide liability shall be provided separately, or as part of the General Liability coverage, in an amount not less than $1,000,000. The policies of insurance referred to above shall not be subject to cancellation or changing coverage, except upon at least thirty (30) days written notice to City and then only subject to the prior written approval of City, PCM II shall provide City with a Certificate ofInsurance for each such policy, which shall name the City of Miami Beach as an additional named insured. All such policies shall be obtained from companies authorized to do business in the State of Florida with an A.M, Best's Insurance Guide (latest edition) rating acceptable to the City's Risk Management, and any replacement or substitute company shall also be subject to the approval of the City's Risk Manager. Should PCM II fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by City in obtaining said insurance, shall be repaid by PCM II to City, plus ten percent (10%) of the amount of premiums paid to compensate City for its administrative costs. If PCM II does not repay City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12%) until paid, and such failure shall be deemed an event of default hereunder. 14. INDEMNITY 14.1 PCM II shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of PCM II, its agents, servants or employees in the performance of services under this Agreement. 14.2 In addition, PCM II shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of any misconduct of PCM II not included in the subsection above and for which the City, its agents, servants or employees are alleged to be liable. This subsection shall not apply, however, to any such liability as may be the result of the willful misconduct of the City, its agents, servants or employees. 14.3 Subrol!ation The terms of insurance policies referred to in Section 13 shall preclude subrogation claims against PCM II, the City and their respective officers, employees and agents. 8 IS. TERMINATION 15.1 If either the City or PCM II shall be adjudged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of either party shall be appointed, or if any receiver of all or any part of the business property shall be appointed and shall not be discharged within sixty (60) days after appointment, or if either party shall make an assignment of its property for the benefit of creditors, or shall file a voluntary petition in bankruptcy, or insolvency, or shall apply for reorganization or arrangement with its creditors under the bankruptcy or insolvency laws now in force or hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be filed against either party and shall not be dismissed within sixty (60) days after such filing, then the other party may immediately, or at any time thereafter, and without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. In the event that PCM II or the City fails to perform or observe any of the covenants, terms or provisions under this Agreement and such failure continues thirty (30) days after written notice thereof from the other party hereto, such non-defaulting party may immediately or at any time thereafter, and without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. In the event that a default is not reasonably susceptible to being cured within such period, the defaulting party shall not be considered in default if it shall, within such period, commenced with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default, but it in no event shall such extended cure period exceed ninety (90) days from the date of written notice thereof. 15.2 Termination for ConveniencelPartial Termination PCM II acknowledges that the City shall have the right to terminate this Agreement at its sole discretion, for convenience and without cause, upon sixty (60) days prior written notice to PCM II. PCM II further acknowledges that the City intends to develop a schedule of capital improvements for the Premises, which may entail closure of all or a portion of the Premises, at the City's sole discretion. In the event of termination or partial termination ofthe Agreement pursuant to this subsection, PCM II herein acknowledges and agrees that it shall not have any claim, demand, or cause of action of whatsoever kind or nature, against the City, its agents, servants and employees (including, but not limited to, claims for interference in business or damages for interruption of services or interference in the operation of the golf courses, pro shops, or food and beverage service). 15.3 Force Maieure Neither party shall be obligated to perform hereunder and neither party shall be deemed to be in default if performance is prevented by: (a) fire not caused by negligence of either party, earthquake, hurricane, flood, act of God, civil commotion occurring on the Premises during or in connection with any event or other matter or condition of like nature; or (b) any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic or energy controls, hostilities, war or govemmentallaw or regulation. 9 15.4 Labor Disoute In the event of a labor dispute which results in a strike, picket or boycott affecting the Premises or services described in this Agreement, PCM II shall not thereby be deemed to be in default or to have breached any part of this Agreement, unless such dispute shall have been caused by illegal labor practices or violations by PCM II of applicable collective bargaining agreements and there has been a final determination off act which is not cured by PCM II within thirty (30) days. 15.5 Waiver No consent to waiver, express or implied, by either party, to or of any breach of any covenant, condition or duty of the other, shall be construed as a consent to a waiver of any breach of the same, or any other covenant, condition or duty. 15.6 Procedure Uoon Termination Upon the expiration or termination of this Agreement, PCM II shall promptly surrender and deliver to the City, the Premises and all equipment, and inventories which are the property ofthe City, as received, except for: (I) Normal wear and tear; (ii) Consumable assets consumed by PCM II in performing its duties hereunder. 16. PERFORMANCE BOND OR AL TERNA TE SECURITY PCM II shall, on or before taking possession of the Premises hereunder, furnish to the City a Performance Bond in the penal sum as stated below for the payment of which PCM II shall bind itself for the faithful performance of the terms and conditions of this Agreement. A Performance Bond in the amount of One Hundred Thousand Dollars ($100,000.00) shall be required and be in faithful observance of this Agreement. A cash deposit, irrevocable letter of credit, or certificate of deposit may also suffice, as determined by the City in its discretion, The form of the Performance Bond or letter of credit shall be as required by the City. In the event that a Certificate of Deposit is approved, it shall be a One Hundred Thousand Dollar ($100,000,00) one-year Certificate of Deposit in favor of the City, which shall be automatically renewed, the original of which shall be held by City. PCM II shall be so required to maintain said Performance Bond or alternate security, as accepted by City, in full force and effect throughout the term ofthis Agreement. 17. ASSIGNMENT Except as otherwise provided below, PCM II shall not assign this Agreement or sublet all or any portion of the Premises or enter into any concession agreements without the prior written consent of the City Manager or his designee. PCM II shall notify the City of any proposed assignment, subletting or concession agreement at least thirty (30) days prior to the proposed effective date of such assignment, subletting, or concession agreement, and City shall respond within thirty (30) days. In the event that any such assignment, subletting, or concession agreement is approved by the City, the assignee, sublessee, or concessionaire shall agree to be bound by all the covenants ofthis Agreement required of PCM II. 18. NOTICES All notices, consents, waivers, directions, requests or other instruments of communications provided for under this Agreement, shall be deemed properly given if, and only if, delivered personally or sent by registered or certified U.S. mail, postage pre-paid, as follows: 10 IF TO THE CITY: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 with copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 IF TO PCM II: Mr. Johnny LaPonzina, President Professional Course Management II, Ltd. 10500 Taft Street Pembroke Pine, Fla. 33026 Either party may at any time change the address where notices are to be sent to the part or persons to whom such notices shall be directed by the delivery or mailing to the above person or parties, of a notice stating the change. 19. LAWS 19.1 Compliance PCM II shall comply with all applicable City, County, State and Federal ordinances, statutes, rules and regulations. To the extent funds are made available therefore by the City, PCM II shall also use all reasonable efforts to cause the Premises and its programs to comply fully with Titles 1, II, and III of the ADA and comparable Florida law (553.501 to 553.513 Florida Statutes in Chapter 760, Florida Statutes) and related regulations. 19.2 Governing LawNenue This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws ofthe State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. 19.3 Eaual Emplovment Opportunity Neither PCM II nor any affiliate ofPCM II performing services hereunder, or pursuant hereto, will discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin or disability as defined in Title I of ADA. PCM II will take affirmative steps to utilize minorities and females in the work force and in correlative business enterprises. 20. ENVIRONMENTAL RESPONSIBILITY AND INDEMNIFICATION 20.1 Definitions For the purposes of this section: 11 a. "Operator" shall mean PCM II and its directors, officers, shareholders, employees, representatives, agents, contractors, subcontractors, or invitees, predecessors, successors and assigns. b. "Hazardous materials" means (a) pesticides and insecticides; (b) petroleum and it constituents; any substance which is or may hereafter be defined as or included in the definition of "hazardous substances," "hazardous materials," "hazardous wastes," "pollutants or contaminants," "solid wastes" or words of similar import under the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 V.S.c. 99061, et seq.; the Hazardous Materials Transportation Act, as amended, 49 V.S.c. 91801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 V.S.C. 96901, et seq.; the Federal Water Pollution Control Act, as amended, 33 V.S.C. 91251 et seq., Chapters 376 and 403, Florida Statutes; Chapter 24 of the Code of Metropolitan Dade County; (d) any other substance, the exposure to or release of which is regulated by any governmental entity having jurisdiction over the Premises or the operations thereon; and (e) any substance that does or may pose a hazard to the health or safety of the persons employed at or invitees on the Premises. c. "Corrective work" means the investigation, preparation of assessments, feasibility studies, analyses, plans and reports, and the performance of any abatement, removal, remediation, restoration, closure, treatment, storage, disposal or monitoring of hazardous materials, pursuant to and in compliance with applicable governmental requirements, as a result of the release or threat of release of hazardous materials to the Premises or the surrounding areas, including into the ground water and surface water bodies. d. "Indemnified losses" means all (a) past, present and future damages, losses, liabilities, costs and expenses of corrective work; (b) claims, suits, administrative proceedings, judgments, damages (including punitive damages), losses, fines, penalties, liabilities (including strict liability), encumbrances, liens, costs and expenses of investigation and defense of any claim, suit, or proceedings, settlements, and bond costs; (c) damages for wrongful death, bodily injury, property damage or natural resource damage and restoration, including lost profits, consequential damages, and the cost of demolition and rebuilding of any improvements; (d) diminution in the value of the Premises, and damages for the loss of or restriction on the use of the Premises; and (e) fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with, or related to, corrective work. e. "Baseline conditions" means the level of pesticides, insecticides, solvents, hydrocarbons and other hazardous materials that are present on the Premises and that have migrated to the surrounding area, and into the ground water and surface water bodies, prior to the execution of this Agreement, The baseline conditions shall be identified and delineated by the City in connection with the corrective work that currently is being performed, or will be performed in the future, by or under the direction of the City, or by an governmental agency. 20.2 Vse of Hazardous Materials. The Operator shall not cause or permit any hazardous materials to be brought on, stored at, or used in or about the Premises except as is necessary to the operation and maintenance of the golf course and in strict compliance with all health, safety, occupational and environmental laws. 20.3 Disclosure At the commencement of this Agreement, and on January I of each year while this Agreement is in effect, the Operator shall disclose to the City, in writing, the types and amounts of all hazardous materials which were, or the Operator expects will be, brought to, stored on, and used at the 12 Premises. 20.4 Notices If the Operator receives any knowledge or notice of a release or a threatened release of hazardous materials, or a violation or possible violation of any health, safety, occupational and environmental laws, the Operator shall immediately give oral and written notice of such condition or event to the City and shall describe all relevant facts and circumstances in the notices to the City. 20.5 Citv's Remedies In the event of a release or a threatened release of hazardous materials, or a violation or possible violation of any health, safety, occupational and environmental laws by the Operator, the City shall have the right, but not the obligation, to enter onto the Premises and to perform such corrective work as it deems necessary. 20.6 Defaults The occurrence of any of the following events shall constitute a default under Section 15 of the Agreement: (a) any governmental agency asserts or creates a lien on the Premises in connection with the release or threatened release of hazardous materials by the Operator, or (b) any governmental agency asserts a claim against the Operator or the City in connection with the release of hazardous materials by the Operator, unless the Operator immediately undertakes to defend the claim, to perform all required corrective work in compliance with all applicable laws and to indemnify the City, 20.7 Indemnification The Operator hereby indemnifies and holds harmless the City, and its elected and appointed officials, employees, representatives, agents, contractors, subcontractors, successors and assigns, from and against any and all indemnified losses. The Operator's obligation shall not apply with respect to corrective work resulting from the baseline conditions. Without limiting the foregoing, if the release of any hazardous materials by the Operator results in the contamination of the Premises, the Operator shall promptly take all actions at its sole cost and expense as are necessary to restore the Premises, the surrounding areas, and the ground water and surface water bodies to the condition that existed prior to the discharge; provided that the City's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld or untimely given. The City hereby indemnifies and holds harmless the Operator and its directors, officers, shareholders, employees, representatives, agents, contractors, subcontractors, successors and assigns, from and against any and all indemnified losses resulting from the baseline conditions. 20.8 Corrective Work bv Citv The City has disclosed to the Operator the existence of hazardous materials on the Premises and in the ground water. The City, its representatives and representative of governmental agencies, may enter onto the Premises and perform such corrective work and inspections as are necessary or required. The Operator shall permit the City, its representatives and representatives of governmental agencies reasonable access to the Premises. The Operator understands that the City's corrective work may interfere with the Operator's possession and use of the Premises, and that the City might exclude the Operator from a portion, or portions, of the Premises, until the corrective work is completed. The City shall, to the extent consistent with the need to perform the corrective work, undertake such work in a manner that will not unreasonably disrupt the Operator's activities. In the event that the City's corrective work interferes with Operator's activities, PCM II reserves the right to cancel or otherwise close the affected portion of the Premises (i.e., including the affected course), until such time as the work is completed or the closed area can be re-opened, whichever comes first. In the 13 event of corrective work, which results in the closure of one of the courses, PCM II will not be liable to the City for payment of rental fees for the particular course for the duration of the closure period. In no event, will the City be liable to PCM II for direct or consequential damages, or loss or injury resulting from the City's access to the Premises and corrective work, This exculpatory clause does not apply to actions constituting gross negligence or intentional misconduct by the City. 20.9 Survival These provisions relating to hazardous materials shall survive the expiration or termination of this Agreement. 21. MISCELLANEOUS 21.1 Relationshio Nothing contained in this Agreement shall constitute or be construed to be or create a partnership or joint venture between the City and PCM II. 21.2 Modifications This Agreement cannot be changed or modified except by agreement in writing executed by all parties hereto. PCM II acknowledges that no modification to this Agreement may be agreed to by the City unless approved by the Mayor and City Commission except where such authority has been expressly provided herein to the City Manager or his designee, 21.3 Comolete Agreement This Agreement, together with all exhibits incorporated hereto, constitutes all the understandings and agreements of whatsoever nature or kind existing between the parties with respect to PCM Ii's management of the Premises. 21.4 Notwithstanding Subsection 21.3 above, Request for Proposal No. 116-95/96, together with all amendments, and PCM Ii's proposal in response thereto (collectively, the Proposal Documents), are deemed as being incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 21.5 The section and paragraph "HEADINGS" contained herein are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement. 21.6 Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 21.7 Clauses The illegality or invalidity ofany term or any clause of this Agreement shall not affect the validity of the remainder of the Agreement, and the Agreement shall remain in full force and effect as if such illegal or invalid term or clause were not contained herein unless the elimination of such provision detrimentally reduces the consideration that either party is to receive under this Agreement or materially affects the continuing operation of this Agreement. 14 21.8 Severability If any provision of this Agreement or any portion of such provision or the application thereof to any person or circumstance shall be held to be invalid or unenforceable, or shall become a violation of any local, State, or Federal laws, then the same as so applied shall no longer be a part of this Agreement but the remainder of the Agreement, such provisions and the application thereof to other persons or circumstances, shall not be affected thereby and this Agreement as so modified shall. 21.9 Ri!!ht of Entrv The City, at the direction of the City Manager, shall at all reasonable times have the right to enter into and upon any and all parts of the Premises for the purposes of examining the same for any reason relating to the obligations of parties to this Agreement. 22. LIMITATION OF CITY'S LIABILITY FOR BREACH OF CONTRACT The City desires to enter into this Agreement placing the operation and management of the Premises in the hands of a private management entity only if so doing the City can place a limit on its liability for any cause of action for breach of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.00. PCM II hereby expresses its willingness to enter into this Agreement with a $10,000.00 limitation on recovery for any action for breach of contract. Accordingly, and in consideration of the separate consideration of $100.00, the receipt of which is hereby acknowledged, the City shall not be liable to PCM II for damages to PCM II in an amount in excess of $10,000.00, for any action for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of limitation placed upon the City's liability as set forth in Florida Statutes, Section 768,28. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers and representatives as of the day and year first above written, as a sealed instrument. I BEACH ~C'~~ CITY CLEJ BY; BY; OURSE MANAGEMENT II, ATTEST: t4~1Jur PROFES LTD. (CORPORATE SEAL) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\rcpa\$ALL\KEVIN\GOLFCOU\PCM - NORMANDY SHORES MGT AGREEMENTII,d ty W JAlJrl Jp[bb'fl r'3tvO { Date 15 EXHIBIT A '-FROM M I AM I SHORESCDUNTRYCLIJB FA:'< 1-10. 3057'352384 Aug. 29 2001 29:26~1 P2 / Professional Course Management Fax To. Kevin Smitl'l From. Johnny LaPonzina Fax. 305- 673-7725 Pages: 1 - 08... 08102/01 Re. Normandy rounds distribution CCI Tom Ireland CJ Urgent Cl F.... Review GZI PI_ C__ CJ Pl_ Reply o Pl....s..Ilecyc:le As per our dis~a... _.tier ~. , suggest thBt _ utilize tile following sc::h......'e as a b_~ to ~...._ the additional .....t will become clue. Sa.e Month Rounds October 3,2150 November 4,000 December 4,000 January 4,000 February 4,500 March 4.500 April 4,000 May 3,500 June 3,500 July 3,500 August 3.2150 September 3,000 Total 45.000 When_ the ___ pI8yed ill. .- month _.._ the base ro.......1ly 20% .... more, the monthly rent due...... that ...rtI..u.... month wUl I....rea.. from $6-000 to $9.000 . " A TT ACHMENT A PROFESSIONAL COURSE MANAGEMENT PAYMENT SCHEDULE (Period of 10/1/2001 - 913012002) MONTH NORMANDY EQUIPMENT TOTAL SHORES PAYMENT RENT PAYMENT ( not to exceed 7:;% of City Expense for Irase or purchase) OCTOBER $ 6.000 $ 3.089 $ 9,089 NOVEMBER $ 6,000 $ 3.089 $ 9,089 DECEMBER $ 6,000 $ 3,089 $ 9,089 JANUARY $ 6,000 $ 3,089 $ 9,089 FEBRUARY $ 6,000 $ 3,089 $ 9,089 MARCH $ 6,000 $ 3.089 $ 9,089 APRIL $ 6,000 $ 3.089 $ 9,089 MAY $ 6,000 $ 3,089 $ 9,089 JUNE $ 6,000 $ 3,089 $ 9,089 JULY $ 6,000 $ 3,089 $ 9,089 AUGUST $ 6,000 $ 3.089 $ 9,089 SEPTEMBER $ 6,000 $ 3,089 $ 9,089 GRAND TOTAL $72,000 $37,068 $109,068 In consideration of the City executing this Agreement, and granting the rights provided in this Agreement, peM II shall pay the City $6,000 per month, a total of $72,000 annually, If after the closure of the Bayshore Golf Course there is a 20% increase in the number of rounds of golf played at the Normandy Shores Golf Course (over a base annual number of 45,000 rounds and a monthly allocation as stipulated in the Agreement) the monthly payment will increase from $6.000 to $9,000 for the month, The City will purchase or lease the necessary golf course maintenance equipment and PCM Beach Ltd., will pay the City for approximately 75% of the annual cost of this maintenance equipment expense. PCM will be responsible for the maintenance and proper operations of this equipment to ensure all \varrantees and guarantees remain in effect. It is further understood that this golf course maintenance equipment will be relocated to the Bayshore Course when it reopens and at that time the total cost for the leasel purchase will be the responsibility of the City. F:IRCP A IliALL IKEVINIGOLFCOu\PCMA 112 WPD " EXHIBIT B F Ror1 t'1 I t=-!t' I SHORESCOUNTR.\'CLUB FHX ~-~C1. 3C5"":"'352384 Hug, 07 2001 J' NORMANDY SHORES PROPOSED 2001-2002 GOLF RATES I including cart and green fees) MAY 1-oCT. 31 MIAMI BEACH PERMIT HOLDER WEEKDAY $ 15,00 WEEKEND $ 20,00 NOV. 1-DEe.21t APRIL1.30 MIAMI BEACH PERMIT HOL.DER WEEKDAY $ 20,00 WEEKEND $ 2500 OEC.22-MARCH 31 MIAMI BEACH PE~IT HOL.DER WEEKDAY $ 25,00 WEEKEND $ 30,00 PERMIT $ 200,00 EACH FtA, RESIDENT $ 25,00 $ 30,00 FLA, RESIDENT $ 30,00 $ 35,00 FLA RESIDENT $40,00 $ 45,00 NON RESIDENT $ 35,00 $ 35,00 NON RESIDeNT $ 45,00 $ 45,00 NON RESIDENT $ 55,00 S 55,00 ~.rmits will be av~ihlble to Mi"mi Beach Resident> ollly rn addition to discounted golf rates. permih include tht:' fOllOwing privifeg~s: Se\-en day advance tee time reservation Discounts On Pro-Shop merchandise ~ Discounts on driving rauge 9 hole rates Guaran~d $8VingS bovc ratQ do nOf include a Iit'JlblE:- ~al~ tax. EXHIBIT C ....... - - ... .- ,~, . CITY OF rvtTA1\1I BEACH GOLf COlffiSE M .1.F'iTEN.1.NCE ST.1.ND.1.RDS , Putting greens, Pl":1ctice greens, & Nurseries Mo...."ing Frequency At le:lSt five (5) d3.ys per week during the winter (November - AprU) and seven (7) days per week the re:nainde: of the ye~ (May - Octo be::). All mo...."ing parterr.s ,,"ill m;tint.:tin the size and shape of the original design. Height of Cut 5/32" - II4". Heights may v:uy cu:ing se:l.Sons and weather changes. Bed-k.!llVeS and reels should be shape and aejusted to provide a quality cut at all times. Hole changing Holes on all greens and practice greens should be changed daily during the "season" and at least three (3) times a week during the "on-season". Tne hole location should be moved at least fiftee::l (J 5) feet v."ith e.;.ch move. Tne hole should Dot be placed v."ithin te::l (10) feet of the edge of the green. Cultur:ll M:linten:lnce Aeration Core the greens at least three (3) time per ye~ with one-half (112) inch to five~ights (5/8) inch hollow tines when the soil tempe.--a!Ure is sixty-five (65) degrees or higher. Tne cores should be removed from green following coring. Tne cor'.ng should be dooe v,ith tines that penetrate the grot.:Ild at least thre: (3) inches and be on centers cHour (4) inches or less. Spiking of the greens should be done ooce per week as long as the be::IDudagrass is actively growing. The spiking sho1i!d penetrate at least one (1) inch. Topdressing All areas maintained at putting green height should be topdr:ssed bi-weekly with a high sand content material that is fre: of any particles larger then one-forth (1/4) inch in diameter. All topdressing material must be presented to the City for approval The topdressing should be applied at a rate of one-half (112) cubic yard of material per five thousand (5,000) square feet. Following coring the greens should be topdressed with enough mat...-riaI to fill the aeration holes. EXHIBIT C Vetticai mo........-ing Light vertic,,! mov,ing should be done bi-weekly. Tne ve:tic:U14 should not pene!:r:lte into t.':e soil. OrJy t.'le tops oft.'le g= shouk be clipped. He"vy vertic"l mowing should be done in the fall and spring, Tnis vertical mov..."ing should pe:1et.~!e one-qu~e:' (I/4) inch into the thatch. F ertili~tion Light freque:1t applic:ltions of fe:-..ilize: should be m:lde. Appl;..: one- half (112) to three quarte:s (3/4) pounds of nitrogen pe: one thousand (] ,000) s:;=e feet eve:: r,...o (2) weeks. A ye:::ly tot:1.l of t"..dve (12) to eighteen (18) pou..l!ds pe: one tho\!Sa.'1d (1,000) sq=e feet should be applied. Clirn:ltic conditions ",ill dictate the ac=.I amount that is applied, A balance fertiiizztion schedule should be followed. Yearly soil tests should be :ake:J. to assist in the es-.abiishing a fe:-..iliry program. Pesticide Usage Tne gree:1S should be monitored on a daily basis for any indic:uions of dise2.Se, insect, or weed activity. Any dise:l.Se, insect, or weed contro I products should be applied at label reco=ended rates. The City requires that records of pesticide usage be kept' in compliance v.ith EP A S'umdards and submitted to the City on a . ) monthly basis. .', Winter Ove:seding It is assumed that the proper care and mainte=ce ofbermudagnss gree:JS will preclude the need for ",inter ove:seeding with perennial rye~s. Collars Mov.i.ng All are2.S should be mowed ~ (3) times per week. Height of Cut Three-eights (3/8) inch to one-half (112) inch should be used on all areas. Using the same height of cut on t= and collars will make a more efficient use if the equipment F erotization Include in greellS program. Aeration Included in gree:1S programs. Pesticide Usage Included in greellS programs Tees ;.rowing Height of Cut Tee Marke:; F erolization Aeration Topdressing. Vertical mo,-"ing Level~g Divots BaIl washers .....,....L.....-".."- '-' I....I} All areas should be mowed three (3) ti:nes per week. Tnree-eights (3/3) inch to one.half (112) inch should be used on all are:l.S, US:,:lg t.':te S.:l.,rne height of cut on tees and colLl::; "ill CTI:l..<:e a more efficie:1.t USe if the equipment. P-Jl reels a:,d bed-knives should be sharp 3.."ld adjusted to provide a qu::tlity cut at all times. Marke:; should be moved daily to prevent worn areas. Marker:; should be c!e:!.."l and paimed. Markers shOl..:ld be placed so that they dire::t pI::.:; to t.~t: center of the faL.-.....,ay or gree::l. Darn.ag=d or missing marker:; should be replaced immedi:ltely. Apply nirrogerl in three-<juarte: (3/4) to one (1) pound per one thousand (1,000) square foot applications. l'<irrogerl should be applied ax a tou! annual rate of eight (8) to t"o\.elve (12) pOll.."lds per one thous.:l....,d (1,000) square feet COr"..ng si~;lar to the greens should be done at least t"o\ice per year. Topdressing should be done following each coring operatioe. Tne holes should be filled. T= (3) to four (4) vertical mov.ings should be done Fer year. Tne thatch lay==- should not exceed one.half (112) iJ:1~h. All areas should be level from side-to side and have a good turf cove:. Divots should be filled on a weekly basis v.ith sand. All baIl '~rashers should have water and soap in the:n at all times. Waxer should be changed once per week. Towels should be attached to the baIl washers. ,.. Ball washers should be straight and painted. All knobs should be in good repair. Pe~entyardage markers Edged, painted and visible at all times. Tee signs Signs should be er~" clean, painted and rea6ble at all times. Bunkers F airw:lYs Mo...ing Height of cut Fe:tilization Ae:ation Vertical mo......mg Pest control L.'.'~~~_ ~. , All sand bunkers should be mech:mically ro..\:ed a minimum oft"..o (2) times per week. Tne bunkers should be "touch-up" on an as need basis. Tnere should be a mini..-num of foU!" (4) inches of sand at the bottot:1 of each bu.~_lcer and tviO (2) inches of sand on the face of each bu."'l.ke:. Tne depth, size, and shape of the bunkers should be main!.lined as originally designed. Replacement sand should cont:lin no particles Ia=ge: than one-half (112) inch in size. Furdle:-:nore no =d will Ir.ore than five (5) percent panicles one-half (112) Ll'lch in diameter and not comai."'! more tll"""'! five (5) percent fines_ Edge t.lJ.e bu."l.\:ers to maint:lin a defined edge. Tne original shape and size of L.'1e bunker !:lust be maintained, Do not drag the s:u:d out over the edge of the bun.'<er whe:J. ro..\:.ing. All are~ should be mowed thre:: (3) time per we::k. .AJl equipme:J.t should be set at one-hili (1/2) inch to five-eights (5/8) inch. Tne r::els and bed-bives should be slwp and adjusted to provide a quality cut at all times. All areas should recdve eight (8) to te:J. (10) pounds of nitrog::n per year. Applications shall be made on a monthly basis. Soil tests should be ta.\:e:J. annually to determine the ratio of materials used.. All areas should be cored twic:: annually. The coring should penetrate a mj~imum of two (2) inches into the soil. The coring holes should not exceed a spacing of ei!ht (8) inches and be less than one-half (112) inch in diameter_ Vertical mowing should be done to control the thatch levels in the fairways. The L.'1atch layer should Ilot exceed three-fourths (3/4) inch. All weeds, insects, and diseases should be controiled on an as ne::ded" basis. , I E:..'GIB TT A -3 ." AGRONO,IUC SPECIFICATIONS TEES : A. Mowing - all tt!es will be mowed a minimum o/three (3) days each week (subject to wt!ather corJiitior.s arJi time o/year), B. Fmili::er - 1M/enilizer ble:vi..s will be based upon soil cr.d tissue =lysis, time o/year and agronomic I!-..jJerience. I I I I I I I I f J I I I I C. Topdressing - all tees will be topdressed as necessar./ to rr.dlUain c qualiry swface. D. Set-up - tee marke~ shall be moved ar.d litter co,!!ainer.; sr.a11 be emptied daily. Ball washer.; siuJil be lTWilUair.ed in appropricu Tiianr.er. . E. Herbicides - tees will be kept virnl.ally weed-free. Pre-e.mergelU herbicides will be applied as necessary. F. Inseaicides - MIl be used as dictaud by insea caiviry. G. Vertical mowing - all tees will be verticil! as nee""" to mair.rain a qu.aliry swface. E. Aerificanon - all tees will be core aenfied a minimum 0/ MO (2) times per year. , } TREES X Staking - all trees Mll be staked as necessary to protea ar.d establish sufficient size .to srand UJliJSsisted. B. Pruning - all trees under 15 fea in height MIl ~ pruned as necessary for proteaion and health. Pruning of trees a:eudiIrg 15 fea in height will be performed under a separate agreemelU if applicab~. T C. Irrigation - all trees Mil receive adequate moisture to insure proper growcJz/ D. Mowing - mechanical removal of grass will not ~ accomplished wi:h.in one (1) foct of 1M tree trunk.. E, Edging - edging trees, sprinJder.;, valve boxes, meur bo:r:es, ere, will ~ done as needed to insure rJu:zr 1Mre is no obsmJ/:rionfrom growth around these items. R,uagh:s :u.d Public :zre:z:s Mowing Height of cut F e=tiliz.::llion Pest control L:lkes :lnd Ponds . .... -l. u ,_.. '-' "J.' All are:l.S shodd be mowed once per week. All mowing should be bero....ee:: one (I) inch and one and one-half ([ 112) inches i:l height. Reel or rotarj mowe:-s may be used. ,AJl are:l.S shot.:ld r:ceive a minimum of five (5) oounds of nitrogen . - per year. Applic:uions shall be made Quarter:y. Soil tes'-S should be used to dete~ili~e atlY accitior.aI nut.-:ients. All weeds, i..-.sec'-S, ane: dise::ses should be controlled on an as needed basis. All aquatic a.~ should be ne:lt and c!e:m in appe=nce. Tne water and banks should be::!e::!! of weeds, trash, and other debris. Tile edges of the la.lces and ponds should be trimmed on an as n~e:ed basis to kee? the gr:1Ss g::o....1h on the banks to a heighI of six (6) inches or less. ,AJl weees and voluntee: pl:mts should be removed. All drain lines and pipes cotlllecting ponels and lakes should be maintained free of obs:=uctioc.s and functioning in a manner for wbich they were designed. - J ~' Tre,;.;i Le:lf removal Prt.L."1ing ~r3.in[e~a.~ce All trees should be mainl.'lined in a attractive mar.ner. Tne le:lves , frons, and nedies from the trees should be removed from the golf course in a timely manner when they fall to the ground. Tree should be pnmed to preve:!t u.nsightly sucker growth from the limbs and t:l.lnks. Trees should be trim.:ned at le~t SL-C (6) feet up from ground level. All dead or broken limbs and trees should be re::loved. Removal should t2,k:e place within seven (7) working days of the problem being noted. Cart Paths and Other Paved Are:ls Maintenance Traffic Control Drainage Irrigation System Maintenance Existing cart paths should be I!l3.i.ntained in a smooth clem condition. Tne paths should be free of pot holes and broken pavement Tne paved paths should be edged monthly. Any pavement broken after the si~;ng of this agreement shall be replaced v.-ithin thirty (30) days of tile damage occurr'.ng. Cart traffic should be controlled to prevent turf wear along the dges of to pavement. Tr.affic control m= should include, but not be , J restricted to, the use of ropes and s:ak:s, curbing, and dir~tiooa1 signs. Drains and surface grading should be done to prevent water from collecting on or along side of the paved cart paths. The cart paths should in DO ~y restrict the surface or sub-surface dIainage of water from the golf course. ,.. The system should be kept in a good state of repair. All heads, valves and controllers should pe:form in a manner that was specified by the manufacturer, All main lines, lateral lines, pumps. and hydraulic lines should be maintained in good working condition. Sprinkler heads should be maintained in a good condition. All R~pair Additional Heads Freque:1cy Priori ty of distribution Fencing Mairitenanc:: Buildings Maintenance Cleanliness .heads should have Covers and be free of debris. All heads should be edged every e:ght (8) weeks. Control boxes should be maint:lined in an attractive manner, Tnt. boxes should be secured, painted, and in good working condition. Clocks should be in a condition to perform in the ma:Uler specified by the manufacturer. Any defective heads or par..> to the icigation system should be replaced or repaired ",ithin thirty-six (36) hours of discovery. Because ofIocal ",ind conditions it may be necessary to add heads to provide ad~qu.ate water coverage to critical areas of the tees, greens, and fair\>.-ays. Tnese heads should be added on an as needed basis. Irrigate as required to maintain adequate soil moisture for proper turf development and appearance. 1) greens, 2) tees, 3) fairways, 4) trees, 5) other turf and landscaped ar-..as. , , Any fencing used for property boundaries or security purposes should be maintained in the manner it was designed. Any breaks or other thm"8e should be repaired immediately. Any gates or doors should be.properly secured .",ith a locking device approved by the city. All buildings and structures shall be maintained in good r=pair, The buildings shall conform with all federal, state, and local government regulations for sanitation ans safety. The golf course maintenance building and lot shall comply with all OSHA and EP A regulations for storage of any disease, weed. insect control products. Fc:rtiliz...-rs storage shall comply with all OSHA regulations. The buildings shall be Lilt clean of dirt, oil, and any other material that will cause ,,"""oitazy conditions to exist. Equipment Inventory Maintenance and Repair Record keeping l\laintenance Crew Crew size Training EXHIBIT C (9) Shocld contain the minimum list of golf course maintenance listed in attached form. All equipment should be maintained in good working order. Maintenance and repair shall be done in accordance with manufacturers recommendations. All mowing equipment shall be sharp and adjusted to provide a clean even cut on the grass. A record of all maintenance and repair shall be kept on every piece of equipment. A record of all fuel and oil consumption shall be kept for every piece of equipment. A record of all pesticide usage shall be in compliance with EP A standards and submitted to the City on a monthly basis. A maintenance staff shall be maintained that can comply with the above standards, The average crew size in the south Florida region is eight (8) to ten (10) full time employees.. Aqditioaal part-time help is added during the summer months. Every employee shall be trained in the operation of the equipment and with the etiquette of goIt: ,.. j I I I I I I I I I I I I I I I I I I E...U!SIT A -1 1..-.'\11 1 b 11 C t' AGRONOMIC SPECIFICATIONS GREE,VS ...t. Mowing - ma~d daily C( C Migr..: cor.duci~ to cor.d1tion:; clUmaing:}~ dlreaion of cur daily B. &nili::P - 1M femli-'r blC'.d.s will ~ based upon soil CJui tissue ar.a1yr.s. ciJr~ afyear and agro1lCmic ~rie"U:t!. C Cups - cJ-.mrge.d daily or as ne~dd.. D, Ball mmb aM dcmagd auf - checlzd ar.d repaird daily. Eo Auijio:ti01l - care f1,t!r,fj a11 greC'.s a mir..im=t of th..r~ (3) times ecd: year wW: a "Ry41J Gree'lSciTt!" or eq'Jiva1er.:, F. Topdr=mg - wpdr= a!I greC'.s cf'~r cerificcrion CJui as ~tkt! to mainraill a SJr~rh pumng swf~, G, Var.caI mawiJlg - win ~ ~::foT:7led as neded througlwul the gruwitrg s~on H. SpiXi7lg - wiII ~ pcjot'T1ld on en as needd basis. . J [, Eabicida . all grun:: shal1 ~ m.ai...::aind. Yinually free ofweeb, J. . Insecridde - will ~ usd as diced by wi:::: aciYiry, - JC. FU/lgidda - all gre.."JU will 1M ~d wirh fungicida ONLY as fU'...f~'{ E.""~. uu 01 fungiCide CIl1'l ~ dor'.mc-.:m w auf hd1tJL It is OUT' pcliq to 11M sour.d adnIraI praaici!S ro cannal Jimgus cr.d aIgce. L. Ow!~g - aU greDlS wi11 ~ oversi!dai wirJI a bcttgr= blL"IIi.. S<d will b< applied only after proper prepararion on :roe pur:i1lg suifaa. ,.. I' " , I I I I I I I I I I I I I I I I J I f-.\ n 1 b 1. 1 l.. ~ 1 1 ) E.X:,HSIT A-2 AGRONOMIC SPECIFICATIONS F.4lRWAYS A. Mowing - allfairNC:YS ....m be mowed a minin-oWTl of three (3) time per week during the growing seeso!". (subject to weather conditior.s) ar.d as needed during the rest of the year. B. Ferrili:.tuion - theferrili::a bler..ds will be base:! upon soil ar.d tissue anc1ysis. time of year and agror..orrJc e:::periena. C. Aenjication - allfairNcys andfair-rough will be aer'ified a rrJnimum of oroCe per year. Additional a.er'.fica..'fon ....,ill be delennir.ed lJy agronomic considerations. . D. Verrical mowing - allfairNC:Ys will be verrically rr..o"wed or scalped anr.ucily to insure corurol of tr.atch buildup. . E. Herbicides - herbicides will be applied to the areru necessary to insure proper weed corurol. Too will im'olve post-emergen.t as well as pre-emerge,/! herbicides. F. lnsecric<.de.s - will be applied as dictated !Jy insect activi:y. PTM will supply special equipmer.! necessary for proper mole cricket COl'.lroz. Our inve.'I!ory ir.cludes three (3) injections rigs for stare of an: mole cricJc.et conn-ol. , ) U.NDSCAPE BEDS 2 All amwal.s will be supplied as agreed lJy golf couru. B. Clean-up - ail areas will be mair.lainedfree of trash and dehris, C. Weed corurol. ail areas will be mairuainedfree of weeds or grass. D. Trimming - plaM rruueriaI (trees. shrubs an4 growui cover) will be trimmed as necessary for proper appearana an health. E. Pesticides - will be applied as necessary to insure health plants. , ~ I , I I I I I I I I I I f I I .t..\ hi t:i 11 Iv l.. 1':") GOLF l\1A.ThlENM'CE STAFF It is PThfs policy to assume the existing s-..:Uf, train, add or re?lace as necessary from the local are:1. Both courses will be super.rised by Jerry Redden. r.rr, Redden is a Certified Superintendent and the Senior Agronomist for PTM. (See resume') All pesticides will be applied by licensed pesticide operators. All mechanics ~'ill have proper e.'Cperience, background and will be trained for proper maintenance and record keeping. . Field Superintendents will have proper e.'Cperience and applicable licenses. There will be one Field Superintendent assigned full-time to each course. Each I8-hole facility will be 5","fed with approximately 10-12 people. Field Supervisor 1 Mechanic I F oremanlS pray Tech I Equipment Ope.-ators 4/5 Laborers 3/4 -/ ,.' II J f i r . I I J i , I I I I I I I I APPROX1MATE QUANTITIES t:...\ h l b i 1 C. ( 1.. j) . felent:: I Nitrccen I Pnosonol1JS I Pota.s.zium I Total ;""e.1iiizer(tcns::":"" 1"'54" f"'"-''' t ," a' t. 3.'..::"':{ ..,." leE,'_c' FairwaY " -- : ~ .~~.. ::::~;.:-:: .,,' __~_.. .::::-: ; 7'::. ..;; Greens Fertilizer I 1 2 I 3 I 1 I 1 I 1 7 -Tee. Fertiiize:r::t:,:::~ ~~:'-~.. "s'T";;"'" "':'Ui",,',,!oc"""'''''';';''!'', -""'''',''''''. "'t:, 15,"" w."" - IFerilllZer lotals 133 H E R S I Cl 0 E I /.IS MA I I 1 - 0 G 31 ;~r:s...~ cor:',:!.""!;;"';"""":'" ",,;.',, t . . -. .. J - Case~ ,.... ,.-............-.'..'".-...,... .....,..-,.... , ".". " " ,. .,........." ._._._.._,.~. ..-.-"...,,"...... - n. .".,.m'_::.'__ ''''''''__'_'',_:,'''' ......,_':. 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M 0 Ie eM eket Sa it I I 4 0 00 Its, F,';',S€.'Irirr""","'!;'m';;..ggmo&~;:..'..'~. ,'1' """'.:!;',"""';;".,:'+ ,;,"';":',"h:",~':.''''- -..., -..-"'..."..-1 a Casas;,.= -:::'".;~-;'::-.:-:,;.:.:t..,:~,:;::::'~~i~: C h ie<:o C h ci~ I , 40 Acres ~:;~:gNem~.~.!:rn:OG;:mt~2~r;:~5;:g~~;~.f,:,u~;;;.:::~~:;~.:,::~~:.:-::~~;t~~}:Z~77f';~~;m::f;:::~.'.7:~gE.:-.~.::~:J;:,.~:'!~?~ I:;CCiiJ~'f, "':':,,:"CC";"R)NGl:ClDE,:",,:::''',,'' ANT CONTROL - ~~:~'~;;'~;''';-, ~.: '::'"!';i':::":"..:~Tc:'''::"~;''-~''.::..f.;;2,C- I A~rC I 1000 Its, , ) J ..' I I I , , I j I I I [, - - m - ...... .- ..0 .- -= x w ::..\ ri 1 D ;. t C \. L -J.,' . c I "'~:%I~I I I II I II!! IJ ! I 1>1 I I I I I I ... "~I~sl~1 I I II I LI I I hi I I I;) I I II I I ~ ~ ..,t'll~1 I I I I I II I I II I I 110) I I I , I ~ ,., "'Pil~IOI 1 'IXI VI I / !>I I , tU I I I I , I , I'.; ~I IZI II I II I , II I lid I loll I I c:: '. 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I I I';\~~ :-~i,~ : : :1: : :111' ~x -I';;~ ... t; PI:; I ~;I I I.': f~7 I ,;:~ [" I I JIl""1 2~~ ~ ~ XiX& i~ ~ ~ Z hi l-i:'e <<: ~, N Il~ ~\ti Rtll Ib t,;ifJ 1'~1- I<~ I lifi~ ;~ -~~ :~ I: rm I f;B*~ ~~,Jx ~% I I I#{ij [i- ...ij 'i't ~B. l.t~.'.1 I W.i.;l L 1rFh~ 11...'...,' I I ttU.' "'." m.".. '. P' t.'.I'..".rl.. I f.'.".'.'.T:' r...~d..... I I.'.'.....'..',. If"'" ffi .-0 IS, rti!i, x Ii x ;rN . '% ~'.~ ,'; N t! [~ t'rJJ;j I Ii' lUl ~;: I~; I : - E te1 1';;;:;1 I I:t itll ~it1 Ilsl I l'.i~ - OJ - ..... - .c - .t: X W ~ z ::> o u u <, r: .'.h.L D.L l ....... \ .I. '. ' 1" e 1" '" ~ "'," .';":" .,:,:-;. :::~:.~ "'''' :?~~, ..<< -;:;.:~; .'." , ;=:"'" (1: ><,:,: "w. '::~. ~;~ ;~: ~!:>~ '.'.0: _;;: .<~ _.V L~: !l ~,~;, ~~ ,;g ~ ~ ';" ~ ;trt ,:~: ~. I ~~~I _~ ~ j~..1 ;~ ; ~-:~ 'B ..... C :c ":c :.::.l- f:~ ...~ c ..5 _<:: .. .o....t "'" ~ ~ <Co -= ;;! H.:G.:o-: ~ .' = r:::... ~ 'I- ;;; -e :.= .. .. !._"'"' _ i!!: .;: _ :3' :' ~:.: ,:S" 6 f<~ ~ - '4I'J v ... - ~ - ::~ ~ ~~~~j~~ ~~~~f.~~~~:a~~~~ EXHIBIT D LANDSCAPE MAINTENANCE EQUIPMENT FOR NORMANDY SHQRES GOLF COURSE Lease: 60 month (5-year) Total amount paid after I-year Total amount paid at the end of 60 months (5-years) $ 4,118.50 $ 49,422.00 $ 247,110.00 Purchase: Extended pricing from a combination of GSA, State of Florida and Municipal entities $ 212,842.22 Differnce: $ 247,110.00 Lease $ 212.842.22 Purchase $ 34,257.78 Per year $ 2,824.82 Item Description 1, Toro Model Number 04356, Greens master 3100. 18hp. with: 4/EACH 04450, II.Blade Cutting Units (Cost is included in above) 04424, Wiehle Rollers -Set of3 (Cost is included in above) 2, Toro Model Number 04493, Thatching Reel- Set of3 I/EACH 3, Toro Model Number 04494, Spiker Kit - Set of 3 1/EACH 4, Toro Model Number 04455, Grooming Reels 1/EACH 5, Toro Model Number 03803, Reelmaster 65000 with: - 5 03862 II-Blade Cutting Units l/EACH 6, Toro Model Number 41 106, Multi-Pro 1250 with: l/EACH 41020 Cenyer Boom 41021 Extension Pipes 41572 Foam Marketing Kit 41030 Electric Boom Lift Kit 7, Toro Model Number 328 with: 30722 72" Side Discharge Deck 30623 Seat IIEACH 8, Toro Model Number 08885, Sand Pro 3020 with: I lEACH 08814 Rake Mount Kit 08812 Tooth Rake 9, Toro Model Number 03201, Reelmaster 31000 with: l/EACH 03213 8-Blade Cutting Units 03221 Lift Ann Kit 03475 Wiehle Rollers 03224 Seat 10, Toro Model Number 44507, Top dresser 2500 I/EACH II, Toro Model Number 33557, Reelmaster 5-Gang Transport Frame I/EACH with: - 7 Blade Reels and - Steel Wheels 12, Toro Model Number 04310, Kubota Tractor 2-Wheel Drive Canopy l/EACH CITY OF MIAMI BEACH MIAMI BEACH, FLORIDA PURCHASE REOUISITIO.\' FORJI m DATE: REOIJEST FOR XX_ Purchase Order _Standing Order Contirmation to P.O. # Release Order on P,O If Change Order to S,O. # 109<) R~qllir~d" _ YES X:'-iO 8/21101 S,lo,;SCC# . DEPARTMENT/DIVISION P:lrks and Lanscape Maintenance Division DEr_\RT~IENT E~lrL()YEE TO CONTACT .John Oldenhurg, Assistant Director PliO!'iE :-Il::\!BI:R 673-7731) DELIVERY ADDRESS WilI.-\Jvise INVOICE TO' 2100 Washington Avenue. Miami Beach. Florida 33139 BUDGET ACCOUNT CODE TO BE CHARGED- ESTrM:\. IE: QUOTE [S A TT/\CHED LAST P.O. # / VE!\ODOR: (if known) DA IE REQUIRED 10101/01 DEPART~IENT HEAD SIGNATURE: or.m ,\PPROVAL: Cln' :\lANAGER'S APPROVAL YE:-IOOR NAME & ADDRESS (for con tinning Pas) HECTOR TURF 1301 ~.W. THIRD STREET DEERFIF.LD BEACH. FLORIDA 33~22 DOL'G FRA~ClS CELL: 305-970-59811 DOLG'S ASSIT,\:\iT: .\L\RK :\1c:\ERDYPHONE: 95~--I29-321l0 FAX: 95-1-360~i657 ADO'L INFORMATrON/SOURCE OF DESCRIPTION: (LE. CATALOGUE) ~L."OMMODITYI Il~~~11 NUMBER DESCRIPTION r:r:J UNIT PRICE AMOUNT I 515-45 Toro Model Number 04356, Greensmaster 3100, I 8hp, with: 4 Ea, 17,200,00 68,80000 04450, II-Blade Cutting Units (Cost is included in above) 04424. Wiehle Rollers -Set of3 (Cost is included in above) 2 Toro Model Number 04493, Thatching Reel - Set of 3 I Ea, 2.422.03 2.422,03 3 Toro Model Number 04494, Spiker Kit - Set of 3 I Ea, 2.573.03 1.573.03 4 Toro Model Number 04455, Grooming Reels I Ea, 3,137, I I 3.137,11 Purchase Authority: Line Items 1 - 4 GSA Contract Number: GS-07F-8722D Century Equipment, Inc. 4[9-865-7400 (See Attached Price List for Vendor I Phone) 5 Toro Model Number 03803, Reelmaster 65000 wilh: - 5 I Ea, 32.600,00 32,600,00 03862 I I -Blade Cutting Units Purchase Authority: Florida Atlantic University (F.A.U.) 561.297-9381 Bid #01 KO-329 - P.O. #121060 Toro Model Number41106, Multi-Pro 1250 with: I Ea, 17,656,00 17,656,00 6 41020 Cenyer Boom 4 I 021 Extension Pipes 41572 Foam Marketing Kit 4 I 030 Electric Boom Lift Kit Purchase Authority: City of Fort Meyers Bid #49-00-0[, PO #31709 Toro Model Number 328 with: 30722 72" Side Discharge I Ea, 13,349,05 13.349,05 7 Deck 30623 Seat Purchase Authority: State of Fla, Bid # 515-630-00-001 Order to Hector Turf Via: Fla. State Approved Vendor Wesco Turf Supply Inc. 800-393-3366 ordering fax Number 407-333.9246 (see attached details) Toro Model Number 08885, Sand Pro 3020 with: I Ea, 10,215,00 10.21500 8 08814 Rake Mount Kit 08812 Tooth Rake Purchase Authority: Fort Meyers Bid #49-00-01, Toro Model Number 03201, ReelnlJ.stcr 31000 \vith: I Ell, 21.90S.00 : 1.99500 9 03113 8.Blade Cuning Units 03221 Lift Arm Kit 03475 Wiehle Rollers 03224 Seat Purchase Authority: City of Coral Gables, Wayne Moody . (305-460-5104) Bid #Reel Mower, PO 57671 Toro Model Number 44507, Topdresser 2500 I Ea, 6,995,00 6,995,00 10 Purchase Authority: City of Miami Springs Bid #32/99/2000, PO 933 Toro Model Number 33557. Reelmaster 5-Gang Transport I Ea, 18.100,00 18, I 00,00 II Frame with: - 7 Blade Reels and - Steel Wheels Purchase Authority: Metro Miami-Dade Bid #233-XX02, PO B01658936 Toro Model Number 04310, Kubota Tractor 2- Wheel Drive I Ea, 15,000,00 15,000,00 12 Canopy I PUR FORM # I (1/3195) I ~ I,,,, \, I o,:,:::':~ ::,~H.._ F:\RCP A \$ALL\CARLOS\REQUSITI\ TOROEQU I, WPD TOTAL = I I II PAGE) OF ) 51 J 1.841.11 I I :-"-'-~ I . Bond No. 023SBI03629246 PERFORMANCE BOND PROFESSIONAL COURSE KNOW ALL MEN BY THESE PRESENTS, that we, MANAGEMENT II, L TD. , as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, licensed to do business in the State of Connecticut, as Surety, are held and firmly bound unto The Citv of Mi ami Beach, 1700 Convent i on Center Dri ve, Mi ami Beach, FL 33139 (Obligee), in the penal sum of *One Hundred Thousand and 00/100************************** ($100,000.00*****") Dollars, lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a certain written Contract with the above named Obligee, effective the day of , 2001, and terminating the _ day of , for Normandy Shores and Par 3 Golf Courses and more fully described in said Contract, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below, NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee subject to the following express condition: Notwithstanding the provisions of the Contract, the term of this bond shall apply from November 1 2001, until November 1 ,2002 , and may be extended by the Surety by Continuation Certificate, However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the obligee recoverable under this bond or any renewal or continuation thereof, The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 1 Stday of November 2001. ~ PROFESS\ONAL COURSE MANAGEMENT II, LTD. ,(Pnal) . (Seal) I =d-~ ~ (Witness) (Title) SEE ATTACHED POWER OF ATTORNEY. (Attest) Agreed and acknowledged this _ day of (Obligee) (Witness) 8-5025 (7/98) ~ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticot Wil83-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, TIlinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERlCA~ TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartfori County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF aLINOIS, a corporation duly organized under the laws of the State of TIliI1ois, and having its principal office in the City ofNaperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Gerald J. Arch or Michael A. Hoimes * * of Ft. Lauderdale, FL, their true and lawful Attomey(s).in-Fact, with full power and authority hereby conf=d to sign, execute and acknowledge, at anyplace within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to ,bind the Companies, tbereby as fully and to the same extent as if the same were signed by the duly authorized officers of tbe Companies, aud all tbe acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. Tllis. appointment is made. under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOi.till: That the Chairman, the President, any Vice Chairman. any Executive Vice Pcesideot, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary'or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with.the Company's name and seal \Vith the Company's seal bonds, recognizances, contracts of indemnity. and other 'Writings obligatory in the nature of a bond, recognizance, or conditional undertaking. and any of sald officers or the Board. of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in wnting and a copy thereof is filed in the office of the Secretary, VOTED: That any bond, recognizance, contract of indl'"TTl.mty, or writing obligatory in the nature of a band, recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice.Presideat, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (lUlder seal, if required) by one or more Attorneys.in-Fect and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a VlI'itten delegation of authority, This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resoiution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COlVIPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COl\1PANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President., any Assistant Vice President, any Secretary, any AssiotaIr~ 2.-ecretary; and the seal of the Company may be affixed by facsimile to any power of attorney ar to any certificate relating thereto appointi.ng, Le~id~:.~t Vice Presidents, Resident Assistant Secretaries or Attorneys~in.Fact for purposes only of executing and attesting bonds and undenakings and oth.er .-;vriti."1gs obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsirr.ile seal shall L~ valid and binding upon the Company and any such power so executed and certified by such facsimile signarure and facsimile seal shall be ":=tl;d and binding upon the Company in the future with respect to any bond or undenaking to which it is attached, (8-97) - , ~-I'U-~ By Kort M. Johanson Assistant Secretary, Bond - day of Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 1 s t November , 2001, CERTIFICATE !, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERIc...;., TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the State ofnlinois, DO HEREBY CERTIF:f that the foregoing and attached Power of Attorne'! and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, os set fonh in the Certificate of Authority, are now in force. My commission expires June 3D, 2001 Notary Public Marie C. Tetreault <:.~ 'r'<\. ~ ~o.T~~ *~*, p~ On this 27th dsy of October, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ll.LINOIS, the corporations described in and which executed the above instnunent; that he/she knows the seais of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hislher office under the Standing Resolutions thereof. ' George W. Thompson Senior Vice President - /--ar----?/C By, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS STATI:OF CONNECTICUT }SS, Hartford COUNTY OF HARTFORD IN WITNESS WHEREOF, TRAv,,]:LERS CASuALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, :iiARlHINGTON CASUALTY COMP.~'\fY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 27th day of October, 1999, From: Anisa Seeram At: Brown & Brown To: Mr. CHlos DaCruz Fax.: (954) 351,8838 Date: 10/15/01 03:09 PM Page 2 of 2 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 T4 I DATE (MMiDD/VY) MIAMIS4 10/15/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5900 N, Andrews AVe. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 5727 ALTER THE COVERAGE AFFOR.DED BY THE POLICIES BELOW. Ft, Lauderdale FL 33310-5727 Phone: 954-776-2222 Fax: 954-776-4446 INSURERS AFFORDING COVERAGE INSURED INSURER A Everest National Insurance Co. Professional Course Management INSURERS DaA ~~ Shores Country Club NSURERC Alberto Pozzi 10000 Biscayne Blvd. INSURERD ~ami Shores FL 33138 INSURERE COVERAGES THE POL1CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REaUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDlTIONS Of SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSUMNCE PDLlCYNUMllER ~~i~C:;,,~~~:~VE P8.N~Y..~~~~~N "- LIMITS ~ERAL LlAlllLITY EACH OCCURRENCE $ 1,000,000 A ~ t~~T.1E~CIAL GENER.>.L LIABILITY 35-00000836-011 03/22/01 03/22/02 ~~GE (lm-jone~re) ,100,000 - CI..AIMSMADE ~ OCCUR MEDE)(I:l(Anyon~person) 15,000 - PERSOMAL 8. ADV IJ\JJIJRV .. 1,000,000 - GENERAl. AGGREGATE $2,000,000 ;l'l AGGREGAr~~_~t;R:PUEn PRODUCTS. COMPIOP AGG 12,000,000 ::z: POUCY JECT lOC EmD Ben. 1,000 000 ~OMOBILE LIABILITY COMBI~ED SINGLE L1MJT $ 1,000,000 A ~ AWl AUTO 3500000836-011 03/22/01 03/22/02 (EililCC1Oent) "- ALL O'>^JNED AUTOS ~~. 80DllYIJ\JJURY (Per person) , "- SCHEDULED AUTOS ~ HIRED A.UTOS BODllYINJ,JRY , ~ NON-OWNED AVTOS (PeraCCioenll ~ COlIq) Ded $500 PROPERTY DAMAGE , ][ ColI Oed $500 (PeraCCidenl) R""O' '~."'TV {:/'1' /I/7/~ AUTO ONLY... EAACCIDEm , ANY AUTO 01'HER THAN EA ACC , AUTO ONLY AGG , t5ESS LIABILITY EACH OCCURRENCE $5,000,000 A :x: OCCIJ~ o CLAIMS MADE 35UMOO0836-011 03/22/01 03/22/02 AGGREGATE $ 10,000,000 , RO<DUC"'ce , RETENTION , , WORKERS COM~I!NSATlON AND I ~R~T~~~S ! IOTH- ER EMPLOYERS' LIABILITY EL EACH ACCIDENT , ElDISEASE- EA EMPLOYEE , ELDI$EASE- POLlCYUMrT , OTHER DESCRIPTION OF OPERATIONSIlOCATIONSNEHICLESlEXCLUSIONSADOED BY ENDORSEMENTISPECIAL PROVlSIONlii The Ci ty of Miami Beach is an additional insured on the policy with respects to Liability. CERTIFICATE HOLDER IN T ADDITIDMAL INSURED: INSURER LETTER: CANCELLATION CITY OF SHOULD ANY OF THE AElOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Miami Beach DATE THEREOf, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN - Additiona.l... Insured NOTICE TO THE CERTIfiCATE HOLDER NAMED TO THE LEn, BUT FAILURE TO DO SO SI-lALL Risk Manaqement IMPOSE NO OBLIGATION 01'1 LIABILITY OF ANY KIND UPON THE INSURER. In AGENn OR 1700 Convention Center Drive Miami Beach FL 33139 REPRESENTATIVES. ~~ , 17nP'J14a..J ACORD 25.$ (7/97) @ACORDCORPORATION1988 ,.'...............,............ .....-......-.................... ....................' CERTIFICA TEOF LIABILITY INSURANCE / CATE (MMioD/YY) 11/09/2001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFFORDING COVERAGE ACORD " PRODUCER AON RISK SERVICES, INC, OF FLORIDA 1001 BRICKELL BAY DRIVE, SUITE #1100 MIAMI, FL 33131-4937 800-743-41130 Serial # A23692 COMPflNY A ROYAL INDEMNITY COMPANY INSURED ADP TOTALSOURCE, INC, 10200 SUNSET DRIVE MIAMI, FL 33173 ALTERNATE EMPLOYER: PCM-NORMANDY SHORES GOLF COURS COMPANY B COMPANY C COMPflNY D IS INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION DATE (MMlDDfVY) DATE (MM!DDIVY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 0 OCCUR OINNER'S & CONTRACTOR'S PROT GENERAL AGGREGATE $ PRODUCTS. COMP/OP AGG $ PEl<SONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Afl,I one fire) $ MED EXP (Arff one person) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT GARAGE LIABILITY ANY AUTO BOOIL Y INJURY jPerpersOll) \1~t1 f \\ I BODILY INJURY (Per accident) PROPERTY DAMAGE EXCESS LlABlLITY UMBRELLA FORM AUTO ONLY - EA ACCIDENT OTHER THAN AUTO OJ\l Y EACH ACCDENT AGGREG-ATE EACH OCCURRENCE AGGREGATE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND TO 379125 A EMPLOYERS' LIABILITY THE PROPRIETORI INCL PM<TN(R~CUrM: OFFICERS ARE EXCL 06/30/2001 0," 06/30/2002 " , EL DISEASE. POLICY LIMIT 1; EL DISEASE. EA EMPLOYEE $ 1,000,000 1,000,000 1,000,000 OTHER WORKERS' COM PCM-NORMAND ENSATION & EMPL SHORES GOLF CO YERS' LIABILITY RS IS EFFECTIVE I OVERAGE FOR S OF 10/12/2001 DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECIAL ITEMS ALL EMPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY, PAID UNDER ADPfTOTALSOURCE,INC.'S PAYROLL, WILL BE COVERED UNDER THE ABOVE STATED POLICY, -THE ABOVE NAMED CLIENT IS AN AL TERNATE EMPLOYER UNDER THIS POLICY, " CITY OF MIAMI BEACH ATTN. CARLOS DA CRUZ 1700 CONVENTION CENTER WAY MIAMI BEACH, FL 33139 SHOULD ANVOF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 2Q... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOERNAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUT"O REPRESENTATIVE ~~6#''-'-~~~~