Amendment No. 4 to Agreement with Van Daalen Tennis, LLC a 9
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AMENDMENT NO.4
TO AGREEMENT WITH VAN DAALEN TENNIS, LLC
TO
PROVIDE PROGRAMMING AT THE
CITY'S MIAMI BEACH TENNIS CENTER
This Amendment No. 4 ("Amendment') to the Agreement, dated August 30, 2017, to
provide 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 2nd day of OCTOBER , 2020.
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
5/70, 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 programming at the City's"Miami Beach Tennis
Center"(the"Center");and
WHEREAS, on August 30, 2017, the City and Van Daalen Tennis, LLC. ("Contractor")
executed the One(1)Year Pilot Agreement(the"Agreement")to Provide Tennis Programming at
the City's North Shore Tennis Center, now known as the "Miami Beach Tennis Center" (the
"Center");and
WHEREAS, at the April 11, 2018 City Commission Meeting, a discussion regarding a
term extension of 6-months for Van Daalen Tennis, LLC. to provide programming, following the
completion of the scheduled construction projects at the"Centers was referred to the Finance and
Citywide Projects Committee("FCWPC");and
WHEREAS,on April 11,2018,the City Commission adopted Resolution No.2018-30279,
changing the name from"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,including the following
essential terms:
(1) Acknowledging the term extension of six months at the completion of the scheduled
construction projects at the Miami Beach Tennis Center for Van Daalen Tennis, LLC;
(2) Acknowledging the Contractor's education compact fund contribution,in an amount of
$500.00;
(3) providing for the addition of language related to identifying the Center as the Miami
Beach Tennis Center;
(4) Adding language addressing light fees and club baskets;
(5) Adding language regarding payment to Contractor for the City's summer sports
specialty camp;
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(6) Updating the tennis software provider,and
(7) Providing the City with utilization of courts for City produced tennis related special
events and/or City sponsored special events to be added to the scope of the
Agreement;and
WHEREAS,at the April 10,2019 City Commission Meeting,Resolution No.2019-30776
was passed approving Amendment No. 2 to the pilot agreement to adjust the CONTRACTOR's
programming and management fee from$500,000.00 to a not to exceed amount of$750,000.00
per year during the term of the agreement to correspond to the programming demands;and
WHEREAS, at the July 19, 2019 Finance and Citywide Projects Committee meeting, a
motion was made to have the Parks and Recreation Department amend the Van Daalen Tennis,
LLC ("Contractor") Pilot Agreement, providing programming at the City's Miami Beach Tennis
Center, by shifting the responsibility of operating and personnel cost to the Contractor;and
WHEREAS,at the July 31,2019 Commission Meeting, Resolution No.2019-30923 was
passed to amend the Pilot Agreement with Van Daalen Tennis, LLC. (Contractor) to provide
programming at the City's Miami Beach Tennis Center; said amendment transferring, from the
City to the Contractor, the responsibility for payment of operational and personnel expenses at
the Center;and
WHEREAS,on October 16, 2019,the Mayor and City Commission adopted Resolution
No.2019-31029,waiving, by 5/7t vote, the competitive bidding requirement,finding such waiver
to be in the best interest of the City,and approving Amendment No. 3 to the Agreement,(1)fixing
the expiration date of the Agreement as September 30, 2020 and including two (2) successive
one (1) year renewal terms, at the City's option; (3) shifting the responsibilities and costs
associated with the operation of the Center from the City to Contractor, changing the financial
terms to provide for payment to the City of: (i)a minimum monthly Guarantee payment of$3,500
for the one-year period commencing on January 1, 2020 (year one), with the minimum monthly
guarantee increasing by$500 for each renewal term, plus(ii)a monthly payment equal to 5%of
the gross revenues, once the total cumulative gross revenues in a Contract Year exceeds
$700,000; and
WHEREAS, pursuant to Resolution No. 2020-31332, the City has granted COVID-19
rent relief to commercial tenants and operators of City-owned properties for the period from April
1, 2020 to September 30, 2020; and
WHEREAS, on September 16, 2020, the Mayor and City Commission adopted
Resolution No. 2020-31394, approving this Amendment No. 4 to the Agreement, to provide
COVID-19 financial relief to CONTRACTOR, by lowering the Minimum Guarantee payment
required under the Agreement from $4,000 to$3,000 per month, commencing October 1, 2020
and terminating once CONTRACTOR is authorized to resume operations without the social
distancing requirement.
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.
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2. MODIFICATIONS.
In response to the COVID-19 pandemic, commencing on October 1, 2020, the Minimum
Guarantee payment, required under subsection 4.1.1 (A) of the Agreement, will be reduced to
$3,000.00 per month, until such time as CONTRACTOR is authorized, by the applicable
governmental authorities,to operate the Center without the social distancing requirement.
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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST: DocuSigned by:
By: 24A05013ADDC4B5...
Rafael E. Granado, City Clerk Dan Gelber, Mayor
10/15/2020 1 6:04 PM EDT
Date
FOR CONTRACTOR: VAN DAALEN TENNIS, LLC
DocuSigned by: DocuSigned by:
ATTEST:
';S
By: 2A88B343E41748C... —6E17383BACB01CC.._
Director of Programming
Paul Di Muont
Athletic Manager Martin Van Daalen
Print N Aragiljle9:55 AM EDT Print Name
Date
APPROVED AS TO
FORM & LANGUAGE
& FOP .X UTION
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4101,
City Attorney
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