Agreement with Van Daalen Tennis, LLC amend#2 Mulct — 30TZ3
AMENDMENT NO. 2
TO THE ONE (1) YEAR PILOT AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
VAN DAALEN TENNIS, LLC
TO PROVIDE TENNIS PROGRAMMING AT THE CITY'S MIAMI BEACH TENNIS CENTER
This Amendment No. 2 ("Amendment") to the One (1) Year Pilot Agreement
("Agreement"), dated August 30, 2017, to Provide Tennis Programming at the City's Miami
Beach Tennis Center, by and between the City of Miami Beach, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and Van
Daalen Tennis, LLC, a Florida limited liability company, having its principal place of business at
15051 Royal Oaks Lane, Apt. 1604, North Miami, Florida 33181 ("CONTRACTOR"), is entered
into this t>l day of O c , 2019.
RECITALS
WHEREAS, on July 26, 2017, the Mayor and City Commission adopted Resolution
Number 2017-29936, accepting the written recommendation of the City Manager and waiving,
by 5/7th vote, the competitive bidding requirement, finding such waiver to be in the best interest
of the City; and approving, in substantial form, a one (1) year pilot agreement between the City
and Van Daalen Tennis, LLC ("CONTRACTOR"), for tennis programming at the City's "Miami
Beach Tennis Center" (the "Center"); and
WHEREAS, on August 30, 2017, the City and CONTRACTOR executed the One (1)
Year Pilot Agreement (the "Agreement"); and
WHEREAS, on April 11, 2018, the Mayor and City Commission adopted Resolution No.
2018-30279, changing the name of the "North Shore Tennis Center" to the "Miami Beach Tennis
Center"; and
WHEREAS, on June 6, 2018, the Mayor and City Commission adopted Resolution No.
2018-30330, accepting the recommendation of the Finance and Citywide Projects Committee,
at its May 18, 2018 meeting, approving Amendment No. 1 to the Agreement, said Amendment,
in material part: (1) acknowledging the term extension of six months from the completion of the
scheduled construction projects at the Miami Beach Tennis Center and the CONTRACTOR's
contribution to the education compact fund, in the amount of $500.00; (2) providing for the
addition of language related to identifying the Center as the Miami Beach Tennis Center; and (3)
adding language: (i) addressing light fees and club baskets (ii) addressing payment to
CONTRACTOR for the City's summer sports specialty camp; (iii) updating the tennis software
provider; and (iv) providing the City with utilization of courts for City produced tennis related
special events and/or City sponsored special events (The Agreement and Amendment No. 1 to
the Agreement shall be collectively referred to herein as the "Agreement"); and
WHEREAS, on April 10, 2019, the Mayor and City Commission adopted Resolution No.
2019-30776, approving, in substantial form, Amendment No. 2 to the Agreement; said approved
amendment, in material part; increasing the CONTRACTOR'S programming fee and
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management fee cap from $500,000.00 to an amount not to exceed $750,000.00 per year of the
term of the Agreement; and
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and CONTRACTOR hereby agree to amend the Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items struck through and inserted items
underlined) as follows:
(a) Subsection 4.1 of the Agreement is hereby amended to read as follows:
4.1 The fees to participate in CONTRACTOR'S North Shore Tennis Programs
Miami Beach Tennis Center Programs are set forth in Attachment "A"
hereto, which is incorporated herein by reference. In consideration of
Services to be provided, City shall pay CONTRACTOR a programming fee
equal to 70% of the total monthly gross programming revenues collected by
the City and a management fee equal to 21% of the total monthly gross
programming revenues collected by the City, with the City retaining the
remainder of the total monthly gross programing revenues collected.
Additionally, the City shall retain 100% of the membership fees and court
fees collected.
The CONTRACTOR's annual programming fee and management fee shall
not exceed $500,000 $750,000 per year during the term, or a pro-rata
thereof, during any the Holdover Term. The City shall provide payment to
CONTRACTOR by the 15th of the month.
By way of an example, assuming that the gross programming revenues for one month
equal $100,000, the CONTRACTOR'S programming fee and management fee would
be calculated as follows:
CONTRACTOR receives a programming fee of 70% of the monthly gross
programming revenues, in the amount of$70,000;
CONTRACTOR will receive a management fee of 21% of the monthly
gross programming revenues, in the amount of$21,000; and
The City will receive the remaining $9,000 of the total monthly gross
programming revenues, plus 100% of all membership fees and court fees
collected during the month.
As referenced herein, "gross programming revenues" shall mean all income
received (less returns and refunds) by the City from clinics, tennis instruction,
camps, tournaments, academy, hospitality packages, food and beverage sales
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and Pro Shop sales. The gross programming revenues shall not include income
received by the City for annual membership fees or hourly court fees.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the provisions of
this Amendment and the Agreement, the provisions of this Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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FOR CITY: CITY OF MIAMI CH, FLORIDA
ATTEST:
By:
Rafael E. Gra , City Clerk Dan Gelber, Mayor
Lel (Vtt`1
Date
FOR CONTRACTOR: VAN DAALEN TENNIS, LLC
ATTEST:
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By:
efiE,,,wa_ �. •- -ctor of Programming
4S ' 3(e di Martin Van Daalen
PrineAA
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Date [ �( �..vtau%v
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APPROVED AS TO
FORM & LANGUAGE
& FO E;CUTION v„
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