Interim Mgmt Agr North Shore
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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):
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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
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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,
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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).
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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
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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
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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
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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.
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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.
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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:
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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:
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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:
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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.
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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.
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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
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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,""
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133
H E R S I Cl 0 E I
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ANT CONTROL
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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#''-'-~~~~