miami beach 2002 tennis center contract

8/9/2019 Miami Beach 2002 Tennis Center Contract

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GREEN SQUARE INCAGREEMENTTO PROVIDEPROFESSIONAL TENNIS

MANAGEMENT AND OPERATIONSSERVICES AT THECTYSLAMINGO

TENNIS CENTER


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INDEX

SECTION TITLE PAGE12333333344144567788888899991010110210310410510611111112113114115116117

TERM 4CENTER 5USES

6PublicTennis Facility 6Prohibited Activities 7Food and Beverage 7

Pro ShopSales 8Hurricane Evacuation Plan 8CityOccupational Licenses 9

FINANCIAL REQUIREMENTS 9Performance Bond orAlternativeSecurity 9Minimum Guarantee 9Sales and Use Tax 11MATENANCE ANDEXAMINATION OF RECORDS 11

INSPECTION ANDAUDIT 12TAXESASSESSMENTSAND UTILITIES 12

Procedure if Ad ValoremTaxesAssessed 13EMPLOYEES 13Principals 13

Independent Contractors 13Professional Tennis Instructor Certification 14Uniforms Identification Character 14Background and Drug Screening Requirements 14HOURS OF OPERATION COURTUSAGE 14Hours ofDaily Operations 14Change in Hours ofOperation 14Courts Usage i 14

TENNIS FEES CHARGESAND PROGRAMS RELATED SERVICES15Prices for HourlyTennis Fees Annual Permits and Youth Pay 15Contractor Professional Tennis Instruction Fees 15EstablishmentosngfAll Fees 15Increased Fees Process 15Initial ProgramsOffering asStipulated byContractor 15Approval of Printed Materials 15

ALTERATIONS MAINTENANCE REPAIRS SECURITY 16Building Alterations 16

Buildingsnd Facilities Maintenance 16Courts and Related Facilities MaintenanceStandards 16Litter Garbage and Debris Removal 16Equipment 17Ordedy Operation 17No DangerousMaterials 172


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SECTION TITLE PAGE1181191213134135136137141411421431441461471516162171819191192193194202012022032042052062072082092002012022032042052122

Security 18Inspection 18

INSURANCE 18INDEMNITY 19

Subrogation 19Force Majeure 20Labor Dspute 20Waiverof Loss FromHazards 20

DEFAULT ANDTERMINATION 20Bankruptcy 21Default in Payment 21NononetaryDefault 21Citysemedies forContractorsefault 21Suspension ofAgreement Due toClosure ofCenter 22Surrender ofCenter 23

ASSIGNMENT 23SPECIAL EVENTS 24City Special Events 24NO IMPROPER USE 25NOTICES 25LAWS 26

Compliance 26Governing Law 26Equal Employment Opportunity 26No Discrimination 26

MISCELLANEOUS 27NoPartnership 27Modifications 27Complete Agreement 27Headings 27Binding Effect 27Clauses 27Severability 27Right ofEntry 28Not a Lease 28Signage 28Conflict of Interest 28Reasonableness 28Procedure forApprovalsandoonsents 28NoWaiver 29No Third Party Beneficiary 29

LIMITATION OF LIABILITY 29VENUE 29Signature Page 30EXHIBITS

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AGREEMENT BETWEENCITY OFMIAMI BEACH FLORIDA ANDGREEN SQUARE INCFORTENNIS MANAGEMENTANDOPERATIONS SERVICES

AT THECTYS

LAMINGO TENNISCENTER

THIS AGREEMENT made the 10th day of April 2002 between the CITY OF MIAMIBEACH a municipal corporation of theState ofFlorida hereinafter calledCtyhaving itsprincipal address at 1700 Convention Center Drive Miami Beach Florida 33139andGREEN SQUARE INC a corporation of the State of Florida with offices at 4500 RoyalPalmAvenue Miami Beach Florida 33140 hereinafter calledContractor

WITNESSETH

WHEREASonJune82001 Request forProposalsNo801orProfessional TennisManagement and Operation Services at theCityslamingoandoorth Shore TennisParkCenters the RFPwasssued with a due date for submission of proposalsof July17 2001 andWHEREAS on January 92002 the Mayor and City Commission accepted therecommendations of the City Manager and authorized the Administration to enter intonegotiations with CONTRACTORasthe most qualified proposer pursuant to the RFP tomanage and operate the Flamingo Tennis Center the Center andWHEREAS theAdministration and the principalsofCONTRACTOR have been meeting tonegotiate the terms of this Agreement andWHEREAS these meetings have successfully concluded with the terms and conditionsstated hereinasthe basis of theAgreement for the comprehensive professional tennismanagement and operations services at theCenterNOWTHEREFORE in consideration of the Premises and the mutual covenants andconditions herein contained and other good and valuable consideration the receipt andadequacy ofwhich arehereby conclusively acknowledged it is agreed by the partiesheretoasfollowsThe City hereby grants to the CONTRACTOR and the CONTRACTOR hereby acceptsfrom theCity the exclusive right tooperate andmanage the Center asdefined herein inconformance with the purposes and for the period stated herein and subject to all theterms and conditions herein containedSECTION 1TERM1 This Agreement shall be for aninitial term of three3ears commencing on

April 15 2002 the Commencement Date and ending onApril 1420051Notwithstanding subsection1above theCity shall have the option to terminatethisAgreement at the conclusion of the second year at its convenienceandwithoutcauseorpenalty

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1heCity shall have the right at its sole option and discretion and provided furtherthat CONTRACTOR is in good standing under the Agreement to renewthisAgreement fortwo2additionaloneearerms CONTRACTORshall provide Citywith written notice of its intent to be considered for renewal of the Agreementnoearlier than ninety 90butnoater than sixty60days prior to the expiration of theinitial term oranyexercised optiontermasthecasemaybe which renewal shallbe at theCitysiscretionIn the event of any renewal of this Agreement the City reservesthe right torenegotiate anyand all terms contained herein1Notwithstanding any term contained in this Sectionwhether in the initial term orarenewal termssthe casemaybe the CONTRACTOR acknowledges that theCity intends to develop a schedule of capital improvements for the Center whichduring the term of this Agreement may entail a closure of all ora portion of theCenter at theCitysole discretion In the event that the City closes down theCenterfor the purpose ofundertaking a capital improvement plan thereon then theparties agree that this Agreement and the Agreement term maybe suspendeduntilthe capital improvements arecompleted and theCenter is reopened In the eventthat the City determines to close the Center as provided herein it shall as acourtesy provide at least ninety 90days prior written notice toCONTRACTORofsame and said suspension oftheAgreement shall becomeeffective upon thedatespecified in saidnotice CONTRACTORasa result of the closureof theCenter asprovided herein shall upon receipt of notice from the City coordinate saidsuspension with theCitysarks andRecreation Department such that theservicescontemplated hereinarecontinued to be provided up to the closure of the Centerand anorderly transitionoccurs

SECTION 2 CENTERTOBE MANAGED21heCity has employed the CONTRACTORtooperate manage andmaintain andCONTRACTOR agrees to same the following recreation facility hereinafterreferred toasthe Center

That certainCtywnedecreational facility commonly knownas the Flamingo Tennis Center located at 1 1 t h Street andJefferson Avenue together with all buildings improvementsand fixtures located thereon provided that the Holtz StadiumVIPbuilding shall be exclusively reserved and available for theuse of the Citys

ecreation Division from June 1 s t toSeptember 1 s t each year for itsSummerCamp programs TheCentersremises includedarefurther delineated in ExhibitBSite Map ofCenter attached hereto2ONTRACTOR herein accepts the Center in itsas isonditionwith all buildings

improvements and fixtures and agrees that the City shall have noobligation toimprove repair restore refurbish orotherwise incur any expense in improving orchanging the condition of theCenterat anytime during the term ofthisAgreementunlessasagreed upon by the City

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Prior to the Commencement Date City and CONTRACTOR shall coordinate ameeting and site inspection of the Center to establish a baseline of existingconditions Contractor shall notify the City of any necessary repairs and the Cityshall make such repairs if in its discretion it deems necessary2his Agreement is subject to all existing utility lines orfacilities dghts ofway andingress and egress toCtyetanedareas and the Citysight to replaceandomaintain samewhether ornot such matters have been recorded in the PublicRecords ofMamadeCounty Florida This shall include but not be limited toany and all underground and aboveground utilities located ontheCenter TheCityalsoreservesthe right to construct install and maintain utilitiesthat it deems in itssole discretion to be necessaryor beneficial to the operation of the City Cityagrees to give CONTRACTOR reasonable notice prior to commencing any suchconstruction installationormaintenance ofutilities that may result in a temporaryclosure of a courtorcourts or any other portion of the Center CONTRACTORreservesthe right to cancel orotherwise close all other portions of the Centerincluding specific banks of courts until such time asthework is completedortheclosed Center orportion thereofcanberepened whichever comesfirst Anydisturbanceordamage toCtywnedorCtyuthorized utilities locatedonunderoroverthe Center caused asa result ofCONTRACTORSegligence shall bepromptly repaired atCONTRACTORSxpenseSECTION 3 USESThe CONTRACTOR is hereby authorized to conduct the following kindsf businesses

andprovide the followingkindsfserviceswithin the Center asprovided below all at itssole cost and expense3 PublicTennis Facility

CONTRACTOR agrees it will usethe Center solely for the operation of a publictennis facility This useshall include the operation of the tennis courts pro shopfood and beverage concession facilities asshall be approved by the City andCONTRACTORSffice Services shall include those customarily associated withthe operation of a public tennis center including permitted Special Events asdefined in Section 16 related to such public tennis center activities and thosespecifically included in the Request forProposalsNo801cope ofServicesattached heretoasExhibitCNo other useandousiness shall be conducted at the Centerwithout the priorwritten approval of theCity Managerorhis designee31heCity and CONTRACTORagree and acknowledge that thepublicsseof the Center is a prime consideration and must be balanced

accordingly with the services to be provided by the CONTRACTOR to thepublic and the respective financial remunerations to City andCONTRACTOR respectively pursuant to this Agreement AccordinglyCONTRACTOR acknowledges and agrees that thepublicsight tousetheCenter shall nOt be infringed upon by anyactivity orCONTRACTOR otherthan asset forth in this Agreement Upon execution of the Agreement


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CONTRACTOR acknowledges that the Center is public and as such itsoperation may not restrict orappear to restrict accessto thegeneral publicorin anywaylimit the public natureorambiance of theCenter other than asset forth in thisAgreement CONTRACTORwill conduct its operationssoasto maintain a reasonably quite and tranquil environment for the adjacentareaand make nopublic disturbancesIt is theCitysntent andCONTRACTOR herebyagrees and acknowledgessame to providehghuaityaffordable tennis services to the Citysresidents and visitors tomeet thedemandsof its hotel community foraccessto high quality tennis facilities within Miami Beach and to progressivelyupgrade tennis service at the Center

Prohibited ActivitiesCONTRACTOR shall notusetheCenter for anyunlawful purpose and shallcomply with all laws and permitting requirements nown force orhereafteradopted applicable to theCenterandosesand businesses conductedonte Center CONTRACTOR agrees not tousetheCenter forortopermitthe operation of any offensive noisy ordangerous activity nuisance oranything against public policy Thereshall benoliving quarters attheCenternorshall anyone be permitted to live at the Center Except asmay resultfrom acts of force majeure CONTRACTORagrees that it will not allow theCenter to become unoccupied or vacant CONTRACTOR shall takeappropriate precautions to prevent fireonthe Center maintaining existingfire detection devices and extinguishing equipment at all timesCONTRACTORwill not permit the outsideuseofanymusical instrumentornoseakingdevice on the Center that is in violation of the Citysestablished Noise Ordinance

Food and Beveraqe Service31s authorized by theCity theCONTRACTORshall prepareorcauseto beprepared for sale withinCtypproved locations within the Center suchcooked prepared andorepackaged foods and suchnoncohocbeverages asapproved by the CityManagerorhis designee3ll food and beverage service to be offered must have the prior wdttenauthorization oftheCity TheCityManagerorhis designee shall approve inwriting the types of food and beverages and prices forsame to be soldatthe Center prior to such sale and shall further approve any changeswhether as to type of food and beverages to be soldorasto changes inprices in writing prior to implementing a change Prior to theCommencement Dateorif later prior tothe saleofanyfood andbeveragesat the Center CONTRACTOR shall submita written listormenu indicatingthe types of food and beverages to be sold and prices for sameCONTRACTOR shall be solely responsible for updating and maintaining acurrent list menu of all food and beverages and pdces for samethroughout the term of this Agreement

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3ll food and beverages sold at the Center will be properly prePared andserved in compliance with all applicable health and sanitary standardsThequality of food food costs and service shall be comparable to othermunicipal tennis centers in theMamadeounty area All food andbeverage dispensing facilities shall be approved by the City and shall bemaintained in a clean and sanitarymannerAll food and beverages sold willbe intended forconsumptionontheCenter premises and shall be dispensedfrom insidetheCenter Food and beverage containers for items permitted tobe taken outside approved dispensing facilities will be subject to regulationby the CONTRACTOR for the purpose of controlling and preventing litter3ood andbevergeervices shall be offered to patrons at all times asareasonable demand for such service exists All required licenses permitsand other certifications necessary to provide food and beverage servicesmust be obtained and maintained by the CONTRACTOR at its solecos3

t leastonesupervisory employee ofCONTRACTORmust possessa FoodService Management Certification issued by a County Public HealthDepartment in Florida asrequired by law In addition CONTRACTORmustobtain all licenses required by the Florida Department of BusinessRegulation Division of Hotels and Restaurants the Department ofAgricultureandosmay further be required by State law and asrequiredby corresponding agencies to sell thefoodorbeverages thatCONTRACTORis authorized tosell3he City Manager orhis designee may allow cooking and heating at theCenter but only for Special Events asdefined in Section 16oponCONTRACTOR obtaining the priorwrittenconsent of theCity Forpurposesof this subsection3ooking and heating shall not include a prohibitionagainst food that is prepared orreeaedin a microwave andootbeverages such ascoffee and tea3ale ofTennis Pro Shop Related Items and Services

CONTRACTORmayoffer for sale those tennis related items such astennis ballstennis racquets shoes shirts towels etc and offer related services such asequipment and ball machine rentals racquet restringing and grip replacementPrices shall be substantially in accordance with the pdce ranges of other similarpublic tennis centers A listof all items and services tobeoffered for sale and therespective price ranges for same must be approved inwriting by the CityManageror his designee prior to such salesandodditions being implemented andupdated asdeemed necessary at the discretion of the City Managerandoisdesignee3urricane Evacuation PlanCONTRACTOR agrees to complywith theCitysurricane Evacuation Plan andwillcooperate fullywith the instructions given by theCitysepresentative to initiate theplan immediately uponnotice of the issuance ofa Hurricane Warning by theMiamiDade County Office of Emergency Management CONTRACTOR shall at aminimum secure the Center and all related materials in accordance with the

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procedures included in theCitysecreationDivision Hurricane Evacuation Plan asincluded in ExhibitDttached hereto3ccupational LicensesCONTRACTOR shall obtain at its solecost and expense anyand all occupationallicenses required by law asamended from time to time for all proposed usescontemplated in this Agreement Occupational licenses shall also be required andobtained foreach individual professional tennis instructorproviding lessons and orclinics at theCenter

SECTION4Financial Requirements41erformance41Bond orAlternativeSecurityOnorbefore the CommencementDate CONTRACTORshall furnishthe CityManagerorhis designee with oneof the followingi A Performance Bond in the amount of One Hundred ThousandDollars1000000o secure the faithful performance of thisAgreement A cash deposit irrevocable letter of credit theestablishment of a joint trustorcertificateof deposit collectively theAlternate Security mayalso sufficeasdetermined by the City in itsdiscretion The form of the Performance Bond orAlternate Securityshall be as required andpepproved by the City Manager orhisdesignee In the eventthat aCertificateofDeposit isapproved it shallbe a One Hundred Thousand Dollar1000000neearCertificateofDeposit in favorof theCitywhich shall be automaticallyrenewed the odginal of which shall be held by City TheCONTRACTORshall be required tomaintain said Performance BondorAlternate Security asaccepted by City in full force and effectthroughout the Termof this Agreementii A letter in a form satisfactory to the City Managerorhis designeefrom a federally insured financial institution evidencing asofthe dateof the letterCONTRACTORSbility to provide the necessaryfundsto perform pursuant to theAgreement

The parties agree and acknowledge that the preceding conditionsiireintended to be conditions subsequent to the Cityspproval of this AgreementAccordingly in the event that CONTRACTOR does not satisfy the aforestatedconditions onorbefore the Commencement Date then the City Managerorhisdesigneemay immediately without furtherdemandornoticeand without liability tothe City terminate this Agreement without being prejudiced aS to anyremedieswhich maybe available to him for breach of contract4ayment ofExpensesCtysinimumGuaranteeaymenoContractorIn consideration of the management and operational rights granted theCONTRACTOR pursuant to this Agreement and CONTRACTORSurtheragreement and acknowledgement to perform and furnish the management andoperational services professional skills and qualified personnel systems and


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materials consistentwith themanagement and operations ofother first class publictennis centers the CityandCONTRACTOR herein agree that theCONTRACTORshall collect and maintain in accordance with generally acceptable accountingprinciplesonbehalf ofthe City all revenuesassuch term isdefined in subsection42enerated at and from the Center including but not limited toall tennisinstruction lessons and clinics court rental fees sales equipment rental proshopsales and thesale and operation of a food and beverage concessionAll said revenuescollected by the CONTRACTOR shall be deposited into anaccount of theCity established pursuant to this Agreement and to bemaintainedsolely for thepurposesf themanagement operation and maintenanceof saidCenter including without limitation to pay for all budgeted operational expensesarising from the management oroperation of the Center Interest accrued in theaccount shall be part of the operating incomeExcept asprovided in subsection42ONTRACTOR is authorized towithdrawfrom such account amounts necessarytopayorreimburse CONTRACTORforthepayment ofll budgeted operational expenses arising from the management andoperation oftheCenter including itsmanagement feeasset forth in the approvedoperating budget asset forth in42uring the term ofthis Agreementbut in thecase of the management fee onnomore than abeekly basis except asotherwise approved by theCitysinance DirectorCONTRACTOR shall submit within twentyive5days following the closeofeabhmonth orasreasonably prescribed by the City copies of records and reportsrelated to the receipts and expenditureswith respect to all expenses and revenuesgenerated during such month at theCenter Such records and reports shall be in aform satisfactory to theCitysinance Director and shall include a comparison ofrevenuesand expenses for the two2months prior to the report being submittedTheCityshall review all operating expenses but shall have noobligationwhatsoeverto reimburse CONTRACTOR for any cash flow deficienciesCONTRACTORupon receipt thereof from the depositorybankshall submitto theCity copies of all deposits withdrawals and bank statements concerning theaccount established for the Center pursuant to this subsection4Additionallythere shall be a reconciliationof all accountin within 15working days following thecompletion ofeachAgreementyearApril 15 April 1 4 t h during the term hereof421No tw i t h s tand ing anything to the contrary in this subsection4he

City shall without limitation withdraw onthe last workday of eachmonth during the term of thisAgreement the following amounts forthemonths ofMaythrough October 200210of the gross revenuesfor theCenter from the preceding calendarmonthorportionthereofand for themonthsofNovember2002 through May 2005 the greaterofihe percentage of gross revenuesfor the preceding calendarmonthorportion thereof asset forth in ExhibitA to this Agreementorii400whichever is greater

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ONTRACTORSight to make withdrawalsof itsmanagement feefrom the City account as set forth in this subsection4hall besubject to thewithdrawal rights of theCitysayment asset forth insubsection421ONTRACTOR shall not make any withdrawalsfrom theCityaccount for its management fee if such withdrawalwouldresult in a balance in the Cityaccount that is equal toorless than themonthly amount theCity is entitled towithdrawthat month pursuant tothis subsection4he term gross revenues or revenues as used herein isunderstood to mean all income collected or accrued by theCONTRACTOR with respect to the Center pursuant to thisAgreement excluding amounts of any Federal StateorCity salestax orother tax governmental imposition assessment charge orexpense ofanykind collected by theCONTRACTOR pursuant tothisAgreement and required by law to be remitted to the taxing orothergovernmental authority4uring the term of thisAgreement CONTRACTORshall prepare andsubmit to the City prior to Octoberlf each fiscal yearorportionthereof that is within the term hereof a proposed detailed netemannual operating budget for the Center in compliance with a formatreasonably requested by theCitysinance Director CONTRACTORshall alsoprepare and submit prior toOctoberlf eachfiscal yearthat is within the term hereof a cash flow budget based on itssubmitted operating budget for such fiscal year The operatingbudget and the cash flow budget shall be approved by the FinanceDirector with suchmodifications asthe Finance Director shall make4ales and Use Tax

It is alsounderstood that payment of any required FloridaState Sales and Use Taxshall bethe responsibilityofCONTRACTOR It is theCitysntent that it is toreceiveall paymentsdue from CONTRACTOR as contemplated in41snet of suchFlorida State Sales and Use Tax

SECTION 5 MAINTENANCE ANDEXAMINATION OF RECORDSCONTRACTOR shall maintain current accurate and complete financial records onanaccrual basis ofaccounting related to its operations pursuant tothisAgreement Systemsandprocedures used tomaintain these records shall include a system of internal controlsand all accounting records shall be maintained in accordance with generally acceptedaccounting principlesand shall beopen to inspection and audit but notphotocopying bythe City Manager orhis designee upon reasonable prior request and dudng normalbusiness hours Such records and accounts shall include a breakdown of revenuesexpenSesand profit and loss statements CONTRACTOR shall maintain accurate receiptprinting cash registersora like alternative at the Center which will record and show thepayment for every sale madeorservice provided onthe Center and such other records


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shall be maintained aswould be required by an independent CPA in order to audit astatementofannual revenuesand profit and loss statement pursuant togenerally acceptedaccounting principlesSECTION 6 INSPECTIONANDAUDITCONTRACTOR shall maintain its financial records pertaining to its operations fora periodof three3ears after the conclusion of any contract yearand such records shall beopenand available to the City Manager orhis designee asdeemed necessary by the CityManagerorhisdesignee but shall not be subject to photocopyingCONTRACTOR shall maintain all such records at its principal office currently located at4500 Royal PalmAvenue Miami Beach Florida 33140 orif moved to another locationoutside the CityofMiamiBeach all such records shall be relocated atCONTRACTORSxpense to a location in Miami Beach within ten10dayswritten notice from the CityThe City Manager or his designee shall be entitled to audit but not photocopyCONTRACTORSecords pertaining to its operation asoften as it deems reasonablynecessary th roughout the term of this Agreement and three3imeswithin the three3year pedod following terminationof theAgreement regardless ofwhethersuch terminationresults from the natural expiration of the termorfor anyother reason TheCity shall beresponsible for paying all costsassociated with such audits unless theaudtseveals adeficiency offive percent5rmoreinCONTRACTORStatement ofrevenuesforanyyearoryears audited in whichcaseCONTRACTORShall pay tothe CityWthin thirty30days of the audit being deemed final as specified below the cost of theaudit and a sumequal to the amount of the deficiency revealed by the audit plus interest providedhowever the audit shall not be deemed final untilCONTRACTOR has received the auditand has had a reasonableopportunity to review the audit and discuss the audit with theCity Nothing contained within this Section shall preclude theCitysudit rights for resorttaxcollection purposes CONTRACTOR shall submitat the end of each contractyear anaudited annual statement of revenues in a form consistent with generally acceptedaccounting principlesIt isCONTRACTORSntent to stay informed of comments from and suggestions by theCity regarding CONTRACTORSerformance under the Agreement Within thirty 30days after the end of each contract year CONTRACTOR and City shall meet to reviewCONTRACTORSerformance under theAgreementfor theprevious contractyear At themeeting CONTRACTORand Citymaydiscuss quality operationalmaintenance and anyother issues regarding CONTRACTORSerformance under theAgreementSECTION 7TAXESASSESSMENTSANDUTILITIES71ONTRACTOR agrees toand shall pay beforedelinquency all taxes including but

not limited to resort taxes and assessments of any kind assessedorlevied uponCONTRACTOR and with and or against the Center except as provided insubsection72y reasonof thisAgreementorby reasonof the businessorotheractivities ofCONTRACTORuponorinconnectionwith theCenter CONTRACTORwill have the right at its ownexpense tocontest the amountorvalidity inwholeorin part of any taxandossessment by appropriate proceedings diligently


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conducted in good faithCONTRACTOR may refrain from paying a tax orassessment to the extent it iscontesting the assessmentorimposition ofsamen amannerthat is in accordancewith law provided however if asa result of such contest additional delinquencycharges become due CONTRACTOR shall be responsible for such delinquencycharges in addition to payment of the contested taxandoassessment if soorderedCONTRACTOR shall also pay foranyfees imposed by law for licensesorpermitsforany businessoractivitiesofCONTRACTOR at theCenter under thisAgreementCONTRACTOR shall pay beforedelinquency anyand all charges forutilities usedby fororonbehalfof theoperations contemplated herein including electricity gasheating cooling trash collection business telephone etc Format of billingprocedures shall be developed and agreed upon between the City and theCONTRACTOR The City shall maintain and pay for its local service 2 linescurrently in the Center for a period of no less than one year from theCommenCement Date for continuity and convenienceof its residents and for thewater and sewerused at the Centerduring the term of this Agreement7rocedure If Ad ValoremTaxes AssessedNotwithstanding Subsection71he parties agree that theoperations contemplatedherein arefor public purposes and therefore noad valorem taxes should beassessed by theMamadeCounty Tax Appraiser If however said taxes areassessed City and CONTRACTOR shall use reasonable efforts to addresspayment ofsame

SECTION 8EMPLOYEES AND INDEPENDENTCONTRACTORS8

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CONTRACTORagrees thatduring the Termof this Agreement JimBollettied andTom Mar individually a Principal collectively thePrincipals shall have activeongoing direct participation in the day to day operation maintenance andmanagement of theCenter In the event that a Principal orPrincipals isnolongerassociated with CONTRACTORorotherwiseceasestoparticipate in theday todayoperation maintenance and management of the Center pursuant to thisAgreement then theCity at its soleoptionmayterminate thisAgreement forcausepursuant to Section 14In the alternative should the City not opt to terminate thisAgreement as provided therein it shall have prior wdtten approval as to anyreplacement of a Principal or Principals subsequently offered by theCONTRACTORInconnectionwith the performanceof its responsibilities hereunder CONTRACTORmayhire itsownemployeesandondependent contractorswhowill beemployeesandondependent contractors of CONTRACTOR and noof the CityCONTRACTOR shall select the number function qualifications compensationincludingbenefits ifanyandmayat itsdiscretion and at any time adjustorrevisethe terms and conditions relating to such employees andondependentcontractors

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8he CONTRACTOR agrees that the Head Tennis Professionalwho is asof theCommencement Date identifiedasGreg Yocum and all Teaching Assistants shallbe certified Tennis Professionals byUSPTA orUSTAUSPTR The Head TennisProfessional Center Managers and Principalsmust demonstrate knowledge andexperience in tennis instruction and related activities facility management tenniscourt maintenance and related activities8CONTACTORand its employeesandondependent cOntractors shall wearappropriate apparel such that Center patrons Can easily identify CONTRACTORand its employees andoindependent contractors All employees andoindependent contractors shall observe all the graces of personal grooming TheCONTRACTOR shall hire people towork in its operationwhoareneat cleanwellgroomed and shall comport themselves in a professional and courteousmannerThe CONTRACTOR and any persons hired by same shall comply with the preemployment requirements and standards asestablished by the City of MiamiBeachsuman Resources Department IfCONTRACTORmaterially fails tocomplywith theseprovisions theCitymaysend notice ofdefault TheCONTRACTORshallhave anepedenced managerormanagers overseeing the Center and relatedoperations at all times Center is open to the general public8he CONTRACTOR all its employees andondependent contractors shallundergo a comprehensive background check and drug screening in accordancewith theCitysrocess and must utilize a City approved agent pdor to entering theCenter to begin employmentandoelivery of services Employment may becontingent upon satisfactory results asdetermined by the City Cost of said testsshall be theCONTRACTORS

ECTION9HOURS OF OPERATION COURTS USAGE9 TheCONTRACTOR shall open andoperate the Center for play from80Ao90Pevery day of the year with the exception of closures due toweatherconditionsorevents offorce majeure permitting and certain holidays agreed uponby theCONTRACTOR and theCity9ny change in the hours of operation shall be at the Citysole option anddiscretion and anyrequest byCONTRACTOR foranincreaseordecrease in sameshall besubject to the prior written approval of the City Managerorhis designee9heCONTRACTORacknowledges and agrees to prioritize utilization ofcourts forpublic usage by restricting lesson courts not to exceed four4ourts during peakhours of play80AM to110M and40PM to70PM Additional courtusage for lessons programs and clinicsduringnoneakhours shall besubject tothe approval of theCity Atnoime shallmorethan50f all courts be utilized forprivate lessonsorotherspecialized tennis programs until 10 minutesafter anynonpeak hour and there arenotennis patrons waiting for a court without the priorwritten approval of the City

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SECTION 10TENNIS FEESCHARGESANDPROGRAMSRELATEDSERVICES TOBE PROVIDED

101rices charged shall complywith theCitysstablished fees forhourly tennis courtplay annual permits other specialized play and the youth tennis policy and shall bein accordance with the information included in ExhibitEttached hereto102he Contractor must comply with the fee schedule for the professional tennisinstruction that offers the tennis patron a choice in instructor level and houdy feecommensurate with the instructorsevelasagreed upon and listed in ExhibitFattached hereto Any change of this said fee and instructor levels shall beapprovedby the City prior to implementation of fees103ees forhoudycourt rentals lessons clinicsmerchandise equipment rental racketstringing orgripping and food and beverage sales and anyother related itemsorservices to be soldmust be prominently posted at the Center at those locationshere such fees arenormally paid All fees and charges shall be competitive withthose charged by comparable public tennis centers inMamadend BrowardCounties Initial fees for programs clinics and lessons areset forth in ExhibitFattached hereto

104he City shall approve in wdting in advance any increase in fees from thosecurrently set forth in ExhibitFrovided theCONTRACTORshall have the right toincrease fees inanamount equal to the amount ofany sales andusetax increaseenacted after theeffective dateof such exhibitorschedule withoutCitysonsent

105he CONTRACTOR agrees to provide the programs and additional services setforth in ExhibitFn implementation schedule ofsaid services shall be providedby the CONTRACTOR within sixty 60 days of the Commencement Date Saidschedule and anymodifications additions ordeletions to the listaresubject to theprior approval of theCity

106he CONTRACTOR shall be authorized to provide courts free of charge duringprofessional tennis demonstrations promotional events clinics and lessons beingoffered to the public at nocharge subject to the prior written approval of the City

107nypdntmaterials prepared by theCONTRACTOR foruseoftheCenter shall havetheapproval of theCity prior to printing Materialsmust include the Citydesignationlogo and appropriate ADA Americanswith Disabilities Actdisclaimer

SECTION 11ALTERATIONS MAINTENANCE ANDREPAIRS SECURITY111Building and FacilitiesAlterationsWithout theCitysriorwdtten approval CONTRACTORmaynotmake alterationsoradditions to the Center In the event of anemergency to prevent injury topersons orproperty CONTRACTOR shall usereasonable efforts to secure theaffected areaand will immediatelynotify theCitysroperty Management Division toadvise of said emergency At that time the City will assessthe situation furthersecurethe areain question and determinemeansand method of repairs

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Any otheralterationsoradditions shall bemade at theCONTRACTORSole costand expense and shall become the property of the City upon termination of thisAgreement unless otherwise agreed to by the City Manager orhis designee inwriting CONTRACTOR shall not have the right to createorpermit the creation ofany lien attaching toCitysnterest in theCenterasa result of any such alterationsoradditionsBuldnsnd Facilities MaintenanceThe City further acknowledges that the CONTRACTOR shall not be required toimprove repair restore refurbish orotherwise incurany expense in improving orchanging the conditionof theCenter if same requiresthe CONTRACTORto exceedthe thresholdamountof100perOccurrence without the further participationor

contribution of the City Notwithstanding the forgoing the City shall continue tomaintain all major electrical HVAC plumbing and structural systems at its solecos For purposes bfthisAgreementOccurrence shall bedefined to be a repairorseries of repairs related to thesameproblemorincidentCONTRACTOR shall not be responsible formajor repairs tosports lighting roofsexteriorwallsaronditioning plumbing electrical systemsrfoundations TheCitywill be responsible for thosecosts in excessofsaid10000eroccurrenceThe City will maintain the grass areas in those portions of Flamingo Parksurrounding the Center but not within the Center

Courts and Related FaCilities Maintenance StandardsThe parties herein acknowledge and CONTRACTORagrees to be bound by theMinimum Maintenance Standards as delineated in ExhibitGttached heretowhich includeTennis Court Maintenance Standards collectively theMaintenanceStandards TheCity shall from time to time conduct inspections of theCenter todetermine compliance with Standards and submit its finding in writing toCONTRACTOR The CONTRACTOR agrees to promptly respond to the Citysfindings inwdting addressing all findings including anaction plan and time line forcorrecting anydiscrepancies identified in saidfindings It is further understoodthatupon the request of the City CONTRACTOR shall periodically orupon theCityswritten request provide the City Manager orhis designee with a maintenancereport in a format approved by theCityLitter Garbaqend Debds RemovalWith respect to lifter garbage and debris removal the CONTRACTOR shallprovide at its sole cost and expense receptacleswithin the confines ofthe Centerand shall provide a sufficient number of these receptacles for itsownuseand forthe useof the public Dsposal of the contents of said receptacles and removal oflitter garbage anddebriswithin theCenter shall bedoneona dailybasis and shallbe the sole responsibility of the CONTRACTOR The CONTRACTOR shall bepermitted to utilize theCitysurrent trash removal proceduresTheamountoftrashbeing picked upshall be evaluated within 120 days of the Commencement Dateand if at that time it is found to exceed the level currently being disposed ontheCenter the CONTRACTOR shall be assessed and agrees to pay asanoperating

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115

116117

118

expensethe actual cost of the disposal process including labor and dumping Thedumpingordisposal of anyrefusediscards trashorgarbage genera ted by orasaresult of the operations on the Center into any of the Miami Beach trashreceptacles located within Flamingo Parkby theCONTRACTOR including its staffand employees shall bestrictly prohibited unless previously agreed to by the CityManager orhis designeeEquipmentTheCONTRACTOR must provide and maintain at its owncost and expense allmaterials labor and any and all equipment required to operate the CenterCONTRACTOR shall maintain said equipment during the term of thisAgreementIn the event any oftheCONTRACTORSquipmentormaterialsarelost stolenordamaged they shall be replacedorrepaired at the sole cost and expense of theCONTRACTOR innomorethan five5ays from date of lossorifnot possiblewithin such time frame aspromptly asreasonably possible but in noevent toexceed fifteen15 daysOrdedyOperationThe CONTRACTORshall have a neat and orderly operationat all times and shallbe solely responsible for the necessary housekeeping services for the CenterThere shall be noliving quarters norshall anyone be permitted to livewithin theCenter CONTRACTOR shall make available all facilities within theCenter underits control for examination during hours of operation by the City Manager orhisdesigneeNo DanqerousMaterialsTheCONTRACTORagrees not touseorpermit at theCenter the storageandouseofgasoline fuel oils diesel illuminating oils oil lamps combustible poweredelectricity producing generators turpentine benzene naphtha propane naturalgasorother similarsubstances combustible materialsorexplosives ofany kindorany substance orthing prohibited in the standard policies of fire insurancecompanies in the State of Florida Any such substancesormaterials found withinthe Center shall be immediately removedNotwithstanding any contrary provisions of thisAgreement CONTRACTOR afterthe Commencement Date shall indemnify and hold City harmless from anylossdamage cost orexpense of the City including without limitation reasonableattorneysees incurred asa result of arising from or connected with theplacement byCONTRACTOR after theCommencementDate but during the termof this Agreement ofanyhazardous substanceorpetroleum productsonunderinorupon the Centerasthose terms aredefined by applicable Federal and StateStatuteorany environmental rules and environmental regulations promulgatedthereunder provided however CONTRACTOR shall have noliability for anyviolation arising ordamage incurred asa result of the willful misconductorgrossnegligence of the City its agents servants oremployees The provisions of thisSubsection shall survive the termination orearlier expiration of thisAgreementSecurityThe CONTRACTOR shall be responsible for and provide reasonable security

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measuresthat may be required to protect the Center and any of the equipmentmaterials and facilities thereon Under nocircumstances shall the City beresponsible forany stolenordamaged equipment materialsand suppliesnorshallthe City be responsible for any stolen or damaged per sona l property ofCONTRACTORSatrons guests inviteesandother third parties

119nspectionThe CONTRACTOR agrees that the Center and all facilities equipment andoperations thereon may be inspected atany time during hoursofoperation by theCityManagerorhis designee orby any otherMunicipal County State officeroragency having responsibilities for inspections of such operations TheCONTRACTOR herebywaivesall claimsagainst the City forcompensation for lossordamage sustained by reasonof any interference which interference if by theCity must be reasonable with the operations by any public agencyorofficial inenforcing itsorhis dutiesorany lawsorordinances Any such interference whichinterference if by the City must be reasonable shall not relieve theCONTRACTOR from anyobligation hereunder

SECTION 12INSURANCCONTRACTOR shall maintain at its sole cost and expense the following types ofinsurance coverage at all times throughout the term of this Agreement

Comprehensive General Liability in the minimum amount of One MillionDollars10000eroccurrencefor bodily injury andioperty damageThis policy must also contain coverage forCenteroperations products andcontractual liabilityWorkersCompensation Insuranceasrequiredunder the Laws oftheState ofFloridaAutomobile Insurance shall be provided covering all owned leased andhired vehicles andnonwnership liability for not less than the followinglimits

Bodily InjuryBodily InjuryProperty Damage10000er person10000er accident10000er accident

The policiesof insurance referred toabove shall not be subject to cancellationorchangeexcept upon at least thirty30days prior written notice tothe City and then only subject tothe priorwrittenapproval of the CityManagerorhisdesignee Priorto theCommencementDate CONTRACTOR shall provide City with a Certificate of Insurance for each suchpolicy ALL POLICIES SHALL NAME THE CITY OF MIAMI BEACH FLORIDA AS ANADDITIONAL NAMED INSURED All such policies shall be obtained from companiesauthorized todobusiness in the Stateof Floridawith anAest InsuranceGuide latestedition rating acceptable to theCitysiskManager and any replacementorsubstitutecompany shall also be subject to the prior written approval of theCitysiskManagerShould CONTRACTOR fail to obtain maintainorrenewhe policiesof insurance referred


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to above in the required amounts the City may at its sole discretion obtain suchinsurance and anysumsexpended by City in obtaining said insurance shall be repaid byCONTRACTOR to City plus ten percent10f the amount of premiums paid tocompensate City for its administrative costs If CONTRACTOR fails to repay Citysexpenditureswithin fifteen15 days ofdemand the totalsumowed shallaccrueinterestatthe rateof twelve percent12ntil paid and such failure shall be deemedanevent ofdefault hereunder

SECTION 13 INDEMNITY

131n considerationofa separate and specific considerationof100nd othergoodand valuable consideration the receipt and sufficiency of which are herebyacknowledged CONTRACTOR shall indemnify hold harmless and defend theCityits agents servants and employees from and against any claim demandorcauseofaction ofwhatsoever kindornature arising out oferroromissionornegligentactof CONTRACTOR its subcontractorsgents servants or employees in theperformance ofservicesunder this Agreement unless such claim demandorcauseof action arises asa result of theCitysross negligence orwillfulmisconduct

132n addition in consideration ofa separate and specificconsideration of100ndother good and valuable consideration the receipt and sufficiency of which arehereby acknowledgedCONTRACTOR shall indemnify hold harmless and defendtheCity its agents servants and employees from and against any claim demandorcause of action of whatever kind or nature arising out of any misconduct ofCONTRACTOR not included in the paragraph in the subsection above and forwhich the City its agents servants oremployees arealleged to be liable

133ubsections 131nd 132hall survive the termination or expiration of thisAgreement Subsections 131nd132hall not apply however to any suchliability that arises asa result of the willfulmisconductorgross negligence of theCity its agents servantsoremployees

134SubroationThe terms of insurance policies referred to in Section 12 shall preclude subrogationclaims against CONTRACTOR the City and their respective officers employeesand agents

135orce MaieureNeither party shall be obligated to perform hereunder and neither party shall bedeemed to be in default if performance is prevented by

fire which renders at least thirty percent30f the cumulativefacilities unusable and which is not caused by negligence ofCONTRACTOREarthquake hurricane flood actofGodcivil commotion occurring atthe Centerduring or in connection with anyeventorothermatterorcondition of like nature or

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Any law ordinance rule regulation ororder of any public ormilitaryauthority stemming from the existence of economic or energycontrols hostilitiesorwar

136The parties hereto acknowledge that CONTRACTORSbligations and benefitshereunder may be negatively affected byaneventof Force Majeure Ifanevent ofForce Majeure occursduring the term of thisAgreement and provided further thatCONTRACTORSaymentso the City for that contract year is greater than theapplicable percentage payment then the CityManagerorhis designee in his solediscretion mayextend the term of this Agreement fora reasonable period of timeprovided however such extension shall take effect only ifCONTRACTOR agreesto such extensionLabor DsputeIn the eventof a labor dispute which results in a strike picketorboycott affectingthe Center oroperation described in this Agreement CONTRACTOR shall notthereby be deemed to be indefaultortohave breached any partofthis Agreementunless such dispute shall have been caused by illegal labor practicesorviolationsbyCONTRACTOR of applicable collective bargaining agreements and there hasbeen a final determination of such factwhich is not cured byCONTRACTORwithinthirty30days

137aiverof Loss from HazardsTheCONTRACTOR hereby expresslywaives all claims against the City for lossordamage sustained by the CONTRACTOR resulting from fire water naturaldsastersacsf Godeurricane tornadoetccivil commotion riotoranyother Force Majeure contemplated in Subsection 135nd Labor Dspute inSubsection136bove and the CONTRACTORhereby expresslywaives all dghtsclaims and demands against theCityand forever releases and discharges theCityfrom all demands claims actions and causesof action arising from any of theaforesaid causes

SECTION 14 DEFAULT ANDTERMINATIONSubsections141hrough143hall constituteevents ofdefault under thisAgreement Anevent of default by CONTRACTOR shall entitle City to exercise any and all remediesdescribed asCitysemedies under this Agreement including but not limited to those setforth in Subsection144n event of default by City shall entitle CONTRACTOR toexercise any and all remedies described asCONTRACTORSemedies under thisAgreement including but not limited to those set forth in Subsection145141Bankruptcy

If either the CityorCONTRACTOR shall be adjudged bankrupt or insolventorifanyreceiverortrustee ofalloranypartof thebusiness property ofeither party shallbe appointed orif any receiver of all orany part of the business property shall beappointed and shall notbedischargedwithin sixty60days afterappointment orifeither party shall make anassignment of its property for thebenefit ofcreditorsorshall file a voluntary petition in bankruptcy or insolvency or shall apply forreorganizationorarrangementwith its creditors under the bankruptcyorinsolvency

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142143144

laws nown force orhereinafter enacted Federal Stateorotherwise or if suchpetitions shall be filed against either party and shall not be dismissed within sixty60 days after such filing then the other party may immediately orat any timethereafter andwithout furtherdemandornotice terminate this Agreement withoutbeing prejudiced as to any remedies which may be available to it for breach ofcontract

Default in PaymentIn the event CONTRACTOR fails to submit any payment within five5daysof itsdue date there shall be a late charge of500er day for such late payment inaddition to interestat the highest rateallowable by lawcurrently12per annum Ifany payment and accumulated penaltiesarenot received within fifteen15 daysafter the payment due date and such failurecontinues three3ays after receiptof written notice thereof then the City may without further demand ornoticeterminate this Agreementwithout being prejudiced asto anyremedies which maybe available to it for breach of contract and may begin procedures to collect thePerformance Bond orAlternativeSecurity required in Section41ereinNononetaryDefaultIn the event that CONTRACTORortheCity fails to perform or observe any of thecovenants terms orprovisions under this Agreement and such failure continuesthirty30 days afterwritten notice thereof from the other party hereto such nondefaulting party may immediately orat any time thereafter and without furtherdemand ornotice terminate this Agreement without being prejudiced as to anyremedies which may be available to it for breach of contract In the event that adefault is not reasonably susceptible to being cured within such pedod thedefaulting party shall not be considered in default if it shall within such pedodcommencewith due diligence and dispatch to curesuch default and thereaftercompletes with dispatch and due diligence the curing of such default but in noevent shall such extended cureperiod exceed ninety 90 days from the date ofwdtten notice thereof In the event a defaulting partycuresanydefault pursuant tothis subsection it shall promptly provide theotherpartywith writtennotice ofsameCitysemedies forCONTRACTORSefaultIf any of the events of default asset forth in this Section byCONTRACTOR shalloccur the Citymay after notice ifrequired and the expirationofcureperiods asprovided above at its soleoption and discretion institute such proceedingsasin itsopinion arenecessary tocuresuch defaults and to compensate City for damagesresulting from such defaults including but not limited to the right to give toCONTRACTOR a notice of termination of this Agreement If such notice is giventhe term of this Agreement shall terminate upon the date specified in such noticefrom City to CONTRACTOR On the date sospecified CONTRACTOR shall thenquit andsurrender theCenter toCity pursuant to the provisionsofSubsection147Upon the terminationof this Agreement all rightsand interest ofCONTRACTOR inand to the Center and to thisAgreement and everypart thereof shall ceaseandterminate and City may in addition to any other rights and remedies it may haveretain all sumspaid to it byCONTRACTORunder thisAgreement including but notlimited tobeginning procedures to collect the Performance Bond orAlternateSecurity required in Section4erein Inaddition to the rightsset forth above City


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145146

shall have the rights to pursue any and all of the followingao The right to injunction orother similar relief available to it under

Florida lawagainst CONTRACTOR andorbo The right to maintain any and all actions at laworsuits in equity or

other proper proceedings to obtain damages resulting fromCONTRACTORSefaultIfanyoftheevents ofdefault asset forth in thisSection by theCity shall occur theCONTRACTORmayafternotice ifrequiredand the expirationofthecure pedodsasprovided above at its sole optionand discretion terminate this Agreement uponwritten notice to the Cityandouefor damages Said termination shall become

effective upon receipt of awritten notice of termination by theCity but in noeventshall CONTRACTOR specify a termination date that is less than sixty 60 daysfrom the date of thewritten termination notice On thedate specified in the noticeCONTRACTOR shall quit and surrender the Center to City pursuant to theprovisionsoubsection147SuspensionofAqreementDue toClosureofCenterThe CONTRACTOR acknowledges that theCity intends todevelop a schedule ofcapital improvements for theCenter whichmayentail a closure ofall ora portionofthe Center at the City Commissionsole discretion In the event that the Citycloses down theCenter for the purpose ofundertaking a capital improvement planthereon then the parties agree thisAgreementmay be suspendeduntil the capitalimprovements arecompleted and the Center isrepened without cause andwithout penalty to either party The City further agrees at its sole discretion toevaluate the optionofmaking available alternativeCityowned tennis courts locatedin various parks to be utilized by the CONTRACTOR to continue the provision ofestablished programs and services basedona reduced scope ofservices and feestructure to be negotiated as a separate Agreement and approved by the CityCommission but in noevent shall City beobligated hereunder todosoSuch a suspension shall become effectiveupon ninety90days pdorwdttennoticeto CONTRACTOR CONTRACTOR asa result of the closure of the Center asprovided herein shall upon receipt of notice from the City coordinate saidsuspensionwith theCitysarks and RecreationDepartment such that theservicescontemplated herein in shall be continued to be provided up to the closure of theCenter and anordedy transitionoccursIn the event of suspension of the Agreement pursuant to this SubsectionCONTRACTOR herein acknowledges and agrees that it shall not have anyclaimdemand orcauseof action of whatsoever kind ornature against the City itsagents servants and employees including but not limited to claims for interferenceinordamages for interruption ofservicesorinterference in its tennis operations fortennis equipment rental pro shop sales food and beveragesaeervceand tennisequipment rental

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147urrender ofCenterAt the expiration of this Agreement orearlier termination in accordance with theterms of this Agreement CONTRACTOR shall surrender the Center in the samecondition as the Centerwasprior to the commencement of this Ag reemen treasonablewearand tear and Citymaintenance and repair obligations exceptedCONTRACTOR shall removeall its equipment fixtures personal property etcupon five5usiness dayswittJnotice from theCity Managerorhis designeeunless a longer time period is agreed to by the City The CONTRACTORSbligation to observeorperform this covenant shall survive the expirationorothertermination ofthis AgreementContinued occupancyoftheCenterafter terminationof the Agreement without the Cityspproval shall constitute trespass by theCONTRACTOR and maybe prosecutedassuch In addition theCONTRACTORshall pay to the City two hundred dollars200per day asliquidated damages forsuch breach of this Agreement

SECTION 15ASSIGNMENT

Except asoherNeprovided in this subsection CONTRACTOR shall not assignsublease grant any concession or license permit the useof by any other person otherthan CONTRACTORorotherwise transfer all orany portion of this AgreementandoftheCenter all ofthe forgoingareherein after referred to collectivelyastransferswithoutthe prior written consent of theCity which consent shall not be unreasonably withheldIf there is a change in control of CONTRACTOR then any such change in control shallconstitute a transfer for purposes of this Agreement and shall be approved by the CityCommission prior to consummation of such change in control Change in control forpurposes hereof shall meana change of the ownership directly orindirectly ofgreaterthan10of the votingorownership interestorright toprofits in suchCONTRACTOR bymeansofoneormoretransfers salesmergers consolidations dissolutionsorotherwiseprovided that the f o rego ing shall not be deemed to includeIpledge orcollateralassignment of the profits of CONTRACTOR in connection with any financing providedsuch pledge orcollateral assignment is subordinate to the rights of the City to the feespayable totheCity pursuant tosubsection41ereofiiny transfer tootherownersofCONTRACTORorto trusts thebeneficiaries ofwhich areany ownersfCONTRACTORor membersf their immediate family or iii a change in the ownership ofCONTRACTOR through a registered public offering of shares inCONTRACTORIiand iiiabovecollectively arereferred to herein asthe TransferExclusions Except forthe Transfer Exclusions any change of the ownership directlyorindirectly of10orlessof the voting orownership interestorright to profits in such CONTRACTOR a MinorChange bymeansofoneormoretransfers sales mergers consolidations dissolutionsorotherwise shall be subject to the approval of the CityManagerorhis designeeCONTRACTOR shall notify the City of any proposed transfer and shall notify the CityManagerorhisdesignee of anyproposedMinor Change prior to consummation ofsameand the Cityorthe CityManagerorhis designee asapplicable shall respondwithin thirty30days In the event thatanysuch transferorMinorChange is approvedthe transfereeshall agree to be bound by all the covenants of this Agreement required of the transferorhereunder Any transferorMinorChange madewithout complying with this Section shall


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be null void and ofnoeffect and shall constituteanact ofdefault under this AgreementNotwithstanding anysuch consent oranypermitted transferorMinor Change under anyprovision of this Section unless expressly released by the City CONTRACTOR shallremain jointly and severally liable along with each approved transferee who shallautomatically become liable for all obligationsof the transferorhereunder with respect tothat portion oftheAgreementsotransferred and theCity shall be permitted toenforce theprovisions of this Agreement directly against CONTRACTOR orany transferee of theCONTRACTOR without proceeding in anywayagainst any other personSECTION 16 SPECIAL EVENTS161ONTRACTORSroposedusesasdefined inSection 3 herein contemplatestheproduction promotion orsponsorship by the CONTRACTOR of tennis relatedspecial events at the Center For purpose of this subsection 161nlyCONTRACTORSpecial Event shallmeanany event in which CONTRACTORshall dedicate and close to the general public50ormoreof theCentersenniscourts In the eventCONTRACTOR does produce promoteorsponsor a Special

Event at theCenter otherthan those provided for in this Agreement it shall abideby theCityspecial Events Permit Requirements and Guidelines For anyuseother than those provided for in this Agreement a Special Events Permit may berequired and if required shall be obtained through theCitysfficeofArts Cultureand Entertainment TheCityManagersuthorizationmust be obtained forany suchSpecial Event The City Administration shall evaluate requests for Special EventsPermitsona casebycasebasis inaccordance with theCityspecial Event PermitRequirements and Guidelines

162ity Special EventsNotwithstanding Subsection 161bove and in the event that the City at its solediscretion deems that itwould be in the best interest of the City the Cityreservesthe right to utilize theCenter forCity produced tennis relatedspecial eventsandootherCtyroduced special events productions In such cases the City willcoordinatewith theCONTRACTOR to cooperatiVely produce such eventsTheCityshall make its best effort to negotiate with CONTACTOR but if unsuccessful theCONTRACTOR shall ceaseand desist operations during the term of and in theareaofthe special eventandoproduction IftheCONTRACTOR is not required tocloseorchooses to remain openwithout interference to the special eventandoproduction CONTRACTOR agrees to cooperate with the City If theCONTRACTOR is allowed toremain open during special eventsandoroductionsthe CONTRACTOR may be allowed to have in operation its normal dailycomplement of equipment and staff Normal shall bedefined asequipment andstaff approved by theCity that theCONTRACTOR hasavailable for the publiconanormal day 365 days peryear Such equipmentorstaff shall not be increasedoraltered during special eventsandoproductionswithout the pdorwrittenpermissionof the CityManagerorhisdesignee To the extent that the normal daily complementof equipment and staff is displaced by the special eventandoroduction theCONTRACTORmay reallocate such displaced equipment and staffonaproatabasis within the Center not being utilized by the special event

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SECTION 17 NO IMPROPER USEThe CONTRACTORwill not usenorsufferorpermit anyperson to usein anymannerwhatsoever the Center or any facilities herein for any improper immoraloroffensivepurpose or for any purpose in violation of any Federal State County orMunicipalordinance ruleorderorregulationorofanygovernmental ruleorregulationnown effectorhereafter enacted oradopted TheCONTRACTORwill protect indemnify and foreversaveand keep harmless theCity its agents employees and contractors from and againstdamage penalty fine judgment expense or charge suffered imposed assessed orincurred for any violation or breach of any law ordinance rule order or regulationoccasioned by any act neglect or omission of the CONTRACTOR or any of itssubcontractors employeesoragents In the eventofany violation by the CONTRACTORorif the Cityor its authorized representative shall deem any conduct onthe part of theCONTRACTOR to be objectionableorimproper CONTRACTOR shall bedeemed to be indefault of thisAgreement should CONTRACTORfail tocorrect any such violationconductorpractice to the satisfactionof theCitywithintwentyou4hours after receiving writtennotice of the nature and extent of such violation conduct orpracticeSECTION 18NOTICESAll notices consents waivers directions requestsorother instrumentsofcommunicationsprovided forunder this Agreement shall be deemed properly given if and only if deliveredpersonally orsent by registeredorcertifiedUail postagepeadsfollows

IF TOTHE CITY Robert C MiddaughAssistant CityManagerCity ofMiami Beach1700 Convention Center DriveMiami Beach Fiodda 33139

With copies to CityAttorneyCity ofMiami Beach1700 Convention Center DriveMiami Beach Flodda 33139Kevin Smith DirectorParks and Recreation2100WashingtonAvenueMiami Beach Florida 33139IfTOCONTRACTOR Mr Tom Mar PresidentGreen Square Inc4500 Royal PalmAvenueMiami Beach Florida 33140

With copies towhich shallNot constitutenotice

Louis R Montello EsquireMontello KenneyPA777 BrickellAvenue Suite 1070Miami Florida 33131


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TheCONTRACTOR and theCitymaychange the abovemailing address atany time upongiving the other party written notification All notices under this Agreement must be inwritingSECTION19LAWS191omplianceCONTRACTOR shall comply with all applicable City County State and Federalordinances statutes rules and regulations including but not limited to all applicable

environmental City County State and Federal ordinances statutes rules andregulations

192overning LawThis Agreement Shall be deemed to have been made and shall be construed andinterpreted in accordance with the laws of the State of Florida In caseof anyinconsistency between the terms of this Agreement and any applicable generalorspecial law said general special law shall prevail

193Equal Employment OpportunityNeither CONTRACTOR norany affiliate of CONTRACTOR performing serviceshereunder orpursuant hereto will discriminate against any employeeorapplicantfor employment because of race creed sexcolor national origin sexualorientation and disability asdefined in Title I ofADACONTRACTOR will take affirmative steps to utilize minorities and females in theworkforce and in correlative businessenterprises

194oDiscriminationThe CONTRACTOR agrees that there shall be nodiscrimination asto race sexsexual orientationcolor creed nationalorigin familialstatus religionorhandicapin its employment practicesorin the operations referred to by thisAgreement andfurther there shall be nodiscrimination regarding anyuseservice maintenance oroperation within the Center All services offered at the Center shall be madeavailable to the public subject to the right of the CONTRACTOR and the City toestablish and enforce rules and regulations to provide for the safety ordedyoperation and securityof theCenterPursuant to Sections620nd621f Chapter 62 of the Miami Beach CityCode entitled Human Relations CONTRACTOR by executing this Agreementcertifies that it does not discriminate in its membership orpolicies basedonracecolor national origin religionsexsexual orientation familial statusorhandicap

SECTION20MISCELLANEOUS201o Partnership

Nothing contained in thisAgreement shall constituteorbe construed tobeorcreatea par tnersh ip orjoint venture between the City and CONTRACTOR


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202odificationsThis Agreement cannot be changedormodified except by agreement in writingexecuted by all parties hereto CONTRACTOR acknowledges that nomodificationto this Agreement shall be binding onthe City unless approved by the Mayor andCityCommission exceptwhere such authority has been expressly provided hereinto the CityManagerorhis designee203omplete AgreementThis Agreement together with all exhibits attached hereto constitutes all theunderstandings and agreements ofwhatsoever natureorkind existing between thepartieswith respect to themattersascontemplated herein204eadingsThe section subsection and paragraph headings contained herein are forconvenience of referenceonly and are not intended todefine limitordescribe thescope or intentof any provision of thisAgreement205inding EffectThisAgreeentshalbeinding upon and inure to the benefit of the parties heretoand their respective successorsand permitted assigns206lausesThe illegalityorinvalidity ofanyterm or any clauseof thisAgreement shall not affectthe validity of the remainder of the Agreement and theAgreement shall remain infull force and effect as if such illegal or invalid termorclausewerenot containedherein unleSs the elimination of such provision detrimentally reduces theconsideration orbenefits that either party is to receive under this Agreement ormaterially affects thecontinuing operationof this Agreement

207everabilityIfanyprovision of thisAgreementorany portionofsuch provisionortheapplicationthereof toanypersonorcircumstance shall be held to be invalidorunenforceableorshall become a violation of anylocalState or Federal laws thenthesameassoapplied shall nolonger be a part of this Agreement but the remainder of theAgreement shall not be affected thereby and this Agreement assomodified shallremain in full force and effect208ight ofEntryThe City at the direction of the City Manager shall at all times during hours ofoperation have the dght to enter into and upon anyand all parts of the Center forthe purposes of examining the samefor any reason relating

to the obligations ofparties to this Agreement209ot a LeaseIt is expressly understood and agreed that nopart parcel building facilityequipment orspace is leased to the CONTRACTOR that CONTRACTOR is acontractor providing management services for the City and not a lessee and thatthe CONTRACTORSght to manage and operate the Center for the City shallcontinue onlysolong asthis Agreement remains in effect


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200SaQeCONTRACTOR shall provide at its sole cost and expense any requiredsignsontheCenter Alladvertising signage and postings shall be approved by theCity andshall be in accordance with all applicableMunicipal County State and Federal lawsand regulations Any signage posted by CONTRACTOR at the Center shall besubject to the priorwritten approval of the Cityasto size shape and placement ofsame201onflict of InterestCONTRACTOR shall perform its services under this Agreement and conduct theprofessional tennis management and operations contemplated herein inamannersoastoshow nopreference forother tennisoperationsaclitieswned operatedmanaged or otherwise controlled by CONTRACTOR with regard to itsresponsibilities pursuant to this Agreement202ReasonablenessNotwithstanding anything t the contrary in this Agreement including but not limitedto references tosoeoptionorsoediscretion orwords of similarmeaning ineach instacen which the approval or consentorother action of the CityCommission orthe City Manager orhis designee is allowed or required in thisAgreement such approval consent orother action shall not be unreasonablywithheld conditioned ordelayed203rocedure for ApprovalsandoonsentsIn each instance in which the approval orconsent of the City Manager orhisdesignee is allowed orrequired in this Agreement it is acknowledged that suchauthority has been expressly provided herein totheCityManagerorhisdesignee bytheMayor and CityCommission of theCity In each instance inwhich the approvalor consent of the City Manager or his designee is allowed or required in thisAgreement CONTRACTOR shall send to the City Manager a written request forapproval orconsent the Approval Request The City Managerorhis designeeshall haveup tosixty 60days from thedateofApproval Request to provide wdttennotice toCONTRACTOR approving of consenting toordisapproving ofthe requestHowever theCityManagerorhis designeesailure toconsidersuch requestwithinthis time provided shall not be deemed awaivernorshall CONTRACTORassumethat the request is automatically approved and consentedtoTheSubsection shallnot apply toapprovals required herein by the Mayor and CityCommission204oWaiverNowaiver of any covenantorcondition of this Agreement by either party shall bedeemed to imply orconstitute a waiver in the future of the samecovenant orconditionorof anyothercovenantorcondition of thisAgreement205o Third Party BeneficiaryNothing in thisAgreement shall confer upon any personorentity including butnotlimited to subcontractors other than the parties hereto and their respectivesuccessors and permitted assigns any dghts or remedies by reasonof thisAgreement


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SECTION 21 LIMITATION OF LIABILITYTheCitydesires toenter into thisAgreement placing theoperation andmanagementoftheCenter in the hands of a private management entity only if sodoing the City canplace alimitonits liability for anycauseof action for breach of thisAgreement sothat its liabilityfor any such breach never exceeds the sumof1000000ONTRACTOR herebyexpresses its willingness to enter into this Agreement with a1000000imitationonrecovery for any action for breach of contract Accordingly and in consideration of theseparate considerationof1000000he receipt ofwhich is herebyacknowledged theCity shall not be liable toCONTRACTOR fordamages toCONTRACTOR inanamount inexcessof1000000or anyaction forbreach ofcontract arising out of the performanceornonerformanceofanyobligations imposed upon theCity bythis Agreement Nothingcontained in this paragraph orelsewhere in thisAgreement is in any wayintended to be awaiver of limitation placed upon theCitysiability asset forth in Florida Statutes Section76828SECTION 22 VENUE

This AgreementSlbe enforceable inMamadeounty Florida and if legal action isnecessary by either party with respect to the enforcement of any and all the terms orconditions herein exclusive venuefor the enforcement ofsameshall lie inMamadeCounty Flodda cITY AND CONTRACTOR HEREBY KNOWINGLY ANDINTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ORPROCEEDING THAT CITY AND CONTRACTOR MAY HEREIN AFTER INSTITUTEAGAINST EACH OTHERWITH RESPECT TOANY MATTERARISING OUT OF ORRELATEDTOTHISAGREEMENT ORTHE CENTERINWITNESSWHEREOF the partieshereto have caused their namesto be signed andtheir seals to be affixed all asof the day and year firsta written indicating theiragreement

MAYOR

SECRETARYI ESTHER LFIRTELMY COMMISSION CC 889717JMGCMKSFTTOWGURVREEMNTROFSVCGeenSquare AgmtFNALdocFontractornSquare ncjiS l D E N t j vPrint NameFoRM LANGUAGEFOREXECUTION

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EXHIBITACONTRACTORSCHEDULE TOPRICEPROPOSAL


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GREENSQUARE SCHEDULE TO PRICEPROPOSAL

Proposal SummaryPROGRAMS TheBollettieriGreen Square Incproposal stated that theywill paythe greaterof the two to the City aspart ofa revenuesharing proposalGross Revenues PercentaqeRevenues50000orless 1050000o1million 151million 18ora minimummonthly fee of 00orthe Flamingo Park tennis center


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EXHIBITBSITE MAPOF PREMISES INCLUDED IN

AGREEMENT


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0

Tenni

11th STREET


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EXBTCREQUEST FORPROPOSALS TOPROVIDECOMPREHENSIVE PROFESSIONALTENNIS

MANAGEMENTAND OPERATIONSSERVICESATTHECTYSLAMINGOANDOR NORTHSHORE PARK TENNISCENTERSREQUEST FORPROPOSALS NO 0101SECTIONIICOPEOFSERVICES


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REQUESTFORPROPOSALSTOPROVIDECOMPREHENSIVEPROFESSIONALTENNISMANAGEMENTAND OPERATIONS SERVICESATTHECTYSLAMINGOANDORORTH SHORE PARKTENNIS CENTERS

REQUEST FORPROPOSALS NO801SECTION II SCOPEOF SERVICES

INTENTThe City is seeking proposa lsfmexperienced adequately financed and qualified tenniscenter management firmsandondividuals to provide tennis instruction maintenanceandmanagement at the Cityswo2ennis centers locatedat Flamingo Park I 1 m Streetand JeffersonAvenue andNorthShore Park located at 3507treet Propose r s must beacertified Tennis Professional by USPTA oUSTA UCR USPTR other TennisCertifiedAgency and must demonstrate knowledge and experience in tennis instructionand related activities facility management tennis court maintenance and relatedactivitiesas wellasknowledgeohe l ega l requ iremen t s that areinvolved in this type ofoperation Additionally proposers must have aminimumoffive5ears ofexperiencewithin the last ten10 years in the management and opera t i ons ofasimilarly operatedtennis center pro fess iona l tennis instructor in a similarly opera ted facility orotherexperiences further delineatedin Section IIIsubecionBohe RFPREQUIREMENTS ANDSERVICESTOBEPROVIDEDThe selected P ropose r is expected to provide the public with tennis services at the TennisCenter facilities The selected P ropo se r mayprovide related services as approved by theCity AH services and incidental g o od s provided t oge the r with their price and hours ofoperationmust have the prior approval ofthe City Such services fees and charges maybe modified only by written request ofthe selectedP ropose r tohe Cityand approval bythe City Manager SUch approval shall be in writing at least 30 days prior toimplementation of the modifieafiom The responsibility for secu r ing and providingsecurity for anyequipment supplies orresale items including office decorations anddisplayswill restwith the selectedP ropose r and the City ofMiamiBeachwill not acceptanyresponsibility forthe Proposersquipment orsupplies orresale itemsTENNIS INSTRUCTIONARELATEDSERVICESFurnish goodprompt and efficient service adequate tomeet aH reasonable demandsincluding established minimum schedule and hours of operation for tennis patronssubjecttohe approval oftheCityMinimum service levelswillbe

Provide anoperation that will be safe customer oriented with prompt servicecomplaint resolution effective emplo yee per fo rman c e and lraining and timelyinitiation and completionofall workRequire background investigation forall pros assistantsandstaff

Provide promote and instruct lessons in the game of tennis by certifi tennispro fess iona l s tondividuals groups andclinics Said service shall offer the tennis patron


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Provide promote and instruct lessons in the game otennis by certified tennisprofess ionals to individuals groups and clinics Said service shall offer the tennis patronachoiceoinstructor level and hourly fee commensurate with the instructorsevel Saidfee and instructor levels will be nego t ia ted and agreed upon between the City and theselected proposer

Such instructionwill be definedatminimumasIndividual lesson shall be sharedwith upto 3 tennis patronsGroup lesson shall be sharedwith upto 5 tennis patronsClinics shall be groups onoless than 4 and nomorethat 8 tennispatrons per instructor

Fees for the various levels and types of instruction to be conductedwill either beforaeeoreeocharge depending onmutual advance agreementohe TennisPro and the CityCoach tennis teams sanctioned and approved by the CityoParks andRecreationsuch services to be provided for acoa ch i ng feeofree depending onmutualadvance agreement ohe CityOffer demonstrations ofaspects ofthe game oftennis in promotionof the CenterSuch instruction will bedefined asa demonstration Such demonstrations maybeeither for a fee orfree ofcharge depending onmutual advance agreementoheCityEstablishment operation and tabulation of tournaments as requested by the Cityorfacility tennis patrons including participationin es tab li sh ing spee it ic needs forindividual tournamentsPromote junior termis by es tab l i sh ing a junior tennis teamat each center teamswill play in a league with other Miami Beach orMiami Dade County TennisFacilitiesProvide advice tohe City of changes regard ing the tennis indnstry in generaltennis rules and regulations equipment andpromotional methods associatedwiththe operationofpublic tennis facilitiesAdvise the City of schedules of clinics tournaments and seminars ontennistennismerchandising tennis managementand other p ro fe s s i o n s i informationProvide Seasonal three classes each fallwinter and spring groupclinicsalowcost a per lesson fee for sixtoeight lessons tobe nego t ia ted and approved inadvance by theCitytohe communityThe selected P ropo se r and employees shall be distinctivelyunfedrappropriately attired soas tobedistinguishable as the Proposer


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The selected proposershall take g o od careof facilities and shall use the sameinacarelannerand shall at its owncos and expense repair City property andfacilities damagedby its operations under this AgreementIn addition to pro fes s iona l tennis instructions the scope ofservices requiredoheproposer under terms ohe agreement will also include but not necessar i ly belimited to

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Overall Tennis Centers Management in accordance with City policydirectivesand established policiesa Tennis court reservation servicesb Facility courtmonitoringc Tennis lessons reservationsd Food and beverage serviceOpplicablee Pro s h op opera t i onsfCousoundsudngsaintenance toCity speci f ica t ionsg Bookingolocal regional and state tennis tournamentsh Marketing promotionand advertisingoheCitysennis Centers

to residentsday guests andMiamiBeach hotelsiMust provide summer and specialty camps based on fidl dayRecreationalDivisionCamp formatj Must adhere toall City ofMiami Beach established tennis centerrules to be jointly developed by the City and selectedproposerk Tennis pro fess iona l s must posses and maintain anoccupa t iona llicense

Collection and ac coun t i n g ofall revenuesPaymen t and accountinofall expenses in a timelymannerFormulation and implementationooperating programs business plansand budgetsHandling of personne l including employment including cetiedbackg r ound investigationstraniand terminationsPrepara t ion ofmonthly and annual financial operat ing statements inaformat acceptable tohe CityOperate the facility in accordance with a City ofMiami Beach TennisCentersPolicy Manual tobe jointly prepar by the selectedproposerandthe CityAminimum complywith the facility and courts maintenance standardsasdelineated in the attachedTenni CentersMaintenance SpecificationsThe City retains responsibility for the followingAdministrationofall terms and conditionsogreementApprove all fees andother prindpal tennis center operat ing polities priortoimplementationApproval ha advance ofanyalterat ions toexisting facilitiesApproval ofalltenournamentsApproval of timesnd the number ofloutis tobe usedbyhetennislessionalsfor tennis insmlctionsonadaily basis


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EXHIBITDHURRICANE PROCEEDURESFORCENTER


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CITYOFNIIAMI BEACH RECREATION BIVISIO

200lHCIrCEROCEDRESIHRICEATCHPROCEDRA ALLSTAFFIfaEurricaneatc is issuedveyouareonduty stay at yourficlind callyoimmediatesupesororinsionrfyoueronuuaaeWarc is issued call your immediateSupesoror tonsYou may be tailed to your ficiIiq rofoowheroefuresdmay be res igned ro

ywhere helR isneededB ALLSUPERVORAlsuperv i so rsao report totivision office atCyailEach superv iso r will instructerraffa each facili tocawouafely procedures

C ALLTEIENTERIL4aAGERAilTementerMazmesrororttoyourTennis CenterNotifryour immediate supervisor thatyouareondutrFollowsateprocusALLPOOLIt41GERSAllPool Managers aretorrtoyourpoolsNoOgy your immediatesupershat youareondutrFollow safety procedureALLPERNELRENOTTOLFVEITEUNTHPERMISSIONISGIVENBYYURSUPERVISORPROCDUREOSECURE

2a46

Tenpersona l istocometoworkmmecfiateyffdutyClip aake downwndsreolluptightly bysiondstoreellnsRemov all broomsetcandstoreMaplaceTie downImhsopostsStoreall trashcam hi locker roomsBleachers removeall seats andstore asintm


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Secure afl loose objects in thelohopTurnofallwerat mainpaeoxDO NOT LEAVE THE FACILITYUNLFLYSECUREDB PLAYGROUNDNOUTHCENERRemoveevenaeke flrsloorhacaedar2Remove all objectsavyromwndovurnoflwerateanpane switchBring ia ail trashcans aact score inaafe placeTie ail beachesadssecuret

Besurethat aliseCUencsstored in asafe place

DONOTLEAEHE FACILITYLLULLYSECUREDCSMIIG OOLS234567

Takedown allcanasndeck sanshelters umbrellasetcrolluparid sorein safe placeClearthe decksandsoreall movable items in the decksrorgeroomLoehewaertn the pool about two2eet youthcenter lower threeO feetStack t h t ng sofheloor thatcanbe damaged bywaerLock aliwindows and doorsShut offelectricity topumps chlorkmtoretcTurnoffpoweramain switch

2 POSTHI1RRICAIPROCURE


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123Do

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ALLSTAFF

ALL5UPERSORAISugesorsreoroCHatsoo possibleCoordinate thedaessmentdcnuroceduresAsssthirectorAssignsfoehALLTEIENTERBLGRSAJ1TeuisenterManage areto repoo their Tenrfis CentersassoonaspossiblePrepare arenamage reportoheiraciIiryAss i gn sraffco c leanup procedureALL POOLNGERS

PoolMnsreto repor to theftPool assoonas possiblePpeneneepooeficssocepc


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EXHIBITEHOURLYPLAYMEMEBERSHIPSAND

YOUTH TENNIS POLICY


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REGOUlO10 97ZlA ESOTOEATLISIINGhSCIlFDUEFIEIIF1ZPhDUSEFSOTENNSCENTERSOPEtDY TlECTY OFTO TENNISCITSITRESOLVED tYTIle CTYCOlISSOOFTITY OF MIAMIPOAthatefectveOcober11992 thereIsheceby establishedaneweechedtle formembership andusefees forTennsCentersoSerated by thecty oMam each Parks andResdeuAdultResdentSeniorCtizeResdenJuniorunder1llusbandWife 2ChildrenEachAddtionaChld 1001500000400 50020000ndenAutNnesdentSeniorctizensNnesdentJuniorNnesdentFamilylusbandWife 2ChldrenEachAddtionaChld 17500 350o02500 25000600 7OO400007OOOSO0 600ilafyembershipswoudontinuetobe avalabeaafheannua fee CtyEmyeesreesemberships woudaocontinuetobeavalabeaChafCteannuafeeHOURLYU EES

flighhXyperpymc 20 3CfryEmemeeouldyafehourly court feeAnnua wth

W

pSX0OQ 500WuaXvtshp X0o 000liyvhwn Xock o020ushpanduaefeesfoTennisConcsehereby fasccedPJSD nd ADOPTEDtitst

h


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CIPOF MIAMI EEACHFAFKSFFONDE

AMENTTheCriami Eaachshalermit ycuths unCer1years cfcec play tennisfrcf charge Cudngnnchcchours subjectocuWhen ccuarecrdedheymuseither pay the hcudy ccurfee crhave a junicrThis policy coversdaighcurs cnly


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EXHIBITFCONTRACTORSROPOSED FEES FORPROFESSIONAL TENNIS LESSONCLINICSANDPROGRAMS


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FLAMINGO PARKPRICESCHEDULES

AFTERCHOOLPROGPMSPEEWEETENNSges46years odAn introduction to tennis with emphasis ongames sportmanship andbeginning level stroke techniquesMndrTueshu2030pm ost720or 8 classes permonthMndF rTueshuFh2030pm ost10800or 12classes per month

JUNIOR TENNIS For ages74years oldAn introduction to tennis with emphasis on stroke techniques gamefundamentals and sportmanshipMndrTueshu3555pm ost10800or 8 classes permonthMndF rTueshuF3555poSt 162for 12classes per monthTOURNAMENT TENNIS For the serious tournament player Emphasisonmentaltoughness stroke production physical conditioning and strategyMndrTueshu5070pm ost16000or 8 classes permonthMnWdF rTueshuF5070post24000or 12classes per monthADULTPROGRAMSWOMENSEAGUE

CNCSeveBEmphasis ondoubles strategy and drills stroke production and physicalfitnessMndrTueshus9000amost12000or 8 classesper month

MENSLINICFor the serious player Emphasis onphysical conditioningstroke production and strategyWednesday7090pm ost150


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MENSOMPETITIVE LADDER A competitivechaeneournament ladder withseason ending tournament CosFreeFRIDAY NIGHTMIXED DOUESLES A social and competitive mixer formenandwomen with prizes games and refreshmentsFriday7pmost100ADULTHrGESSION For the individual who feels like hitting with the prowithout any formal instruction Cost300per hourPRIVATELESSONS

Senior professionals Cost500our22500or aseries of 5AssiStant professionals Cost400our18000or a series of5SUMMERCAMPThis is the fun time of the year for the kids who are out of school Ourprogram definitelyIcuses on the tennis but also included are trips to waterparks movies bowling swimming andmoreto comeMonday thru Friday9ampmunches are included Cost250hld


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EXHIBITGTENNISCOURTSMAINTENANCE

STANDARDS

8/9/2019 Miami

miami beach 2002 tennis center contract

Documents