HomeMy WebLinkAbout1st Amendment to Mgmt Agmt
FIRST AMENDMENT TO THE INTERIM MANAGEMENT AGREEMENT FOR THE
CITY OF MIAMI BEACH NORMANDY SHORES AND PAR 3 GOLF COURSES
BETWEEN THE CITY OF MIAMI BEACH AND PROFESSIONAL COURSE
MANAGEMENT II LTD.
This First Amendment to that certain Agreement, dated September 5,2001, and effective
October 1, 2001, between the City of Miami Beach, Florida ("City"), and Professional Course
Management II Ltd. ("PCM II"), to Provide Professional Services for the Management of the
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City's Normandy Shores and Par 3 Golf Courses ("Agreement"), is entered into this ". j day
of NW/i!IlI!Jtt1-- , 2003 ("First Amendment").
RECITALS
WHEREAS, the City currently has an Agreement with PCM II for professional services
for the management of the City's Normandy Shores and Par 3 Golf Courses effective through
September 30, 2003 or until closure of Normandy Shores Golf Course for planned
construction/renovations, which ever is first; and
WHEREAS, due to the delay relative to the closure of the Normandy Shores Golf
Course and the additional costs associated with such delay, a portion of which have been borne
by PCM II, the City and PCM II have realized that amendment to certain terms and conditions of
the Agreement are necessary; and
WHEREAS, the amendment to the terms and conditions of the Agreement, as set forth
below, are in the best interest of the City and ofPCM II for a continued relationship between the
parties and for PCM II to continue to provide the exceptional level of service expected by the
City;
NOW THEREFORE, in consideration for the mutual covenants and promises provided
herein and which are part of the Agreement, the parties herein agree to amend the Agreement as
follows:
1. Section 3 of the Agreement entitled "TERM", is hereby amended to read as follows:
The Term of this Agreement shall begin on October 1, 2001 and conclude on April 30, WW
2004, 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 of the
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.
2. Section 4 of the Agreement entitle "RENT", is hereby amended to read as follows:
In consideration of the City executing this Agreement, and granting the rights provided in this
Agreement, PCM II shall pay the City $6,000 per month, or 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 broken down in Attachment "Exhibit A") the monthly payment will
increase from $6,000 to $9,000 for the month. In consideration for PCM II continuing to provide
professional golf course management services through April 30. 2004. or until the closure of
Normandv Shores Golf Course for planned construction/renovations. which ever is first. the
parties agree that. commencing retroactively on Mav L 2003. and continuing through the end of
the term of this Agreement. the City shall abate all future rent due as provided for in the
Agreement. Notwithstanding the aforestated rent abatement. all the other terms and conditions of
the Agreement. as amended herein. shall continue to apply.
3. Section 12.3 of the Agreement entitled "Personal Property" and found under Section 12
entitled "ALTERATIONS. MAINTENANCE. AND REPAIRS", is hereby amended to
read as follows:
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. In consideration for PCM II continuing to provide professional golf course
management services through April 30. 2004, or until the closure of Normandy Shores Golf
IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed
by their duly authorized officers and representatives as of the day and year first above written, as
a sealed instrument.
CITY CLERK
ATTEST:
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ATTEST, j.()u-
PROFESSIONAL COURSE MANAGEMENT II,
LTD. (PC II) I
BY:
PONZINA
PRESIDENT
SECRETARY
(CORPORATE SEAL)
F:\atto\DA TR\ContractslNonnandy Shores Golf Courselnorrnandy golf course first amend june4,doc
APPROVED AS TO
FORM & LANGUAGI
& FOR EXECUTION
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