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R-2020-281 RESOLUTION 2020-28 2 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES 3 VILLAGE, FLORIDA, APPROVING AND AUTHORIZING THE 4 5 VILLAGE MANAGER TO EXECUTE THE LEASE SURRENDER 6 AND TERMINATION AGREEMENT WITH THE CURRENT LESSEE 7 OF THE MIAMI SHORES COUNTRY CLUB AND THE 8 MANAGEMENT AGREEMENT FOR MANAGEMENT OF THE 9 COUNTRY CLUB. 10 11 WHEREAS, the Village is the owner of the real property and facilities thereon known as 12 the Miami Shores Country Club; 13 14 WHEREAS, the Village recognizes the importance, public purpose, and public benefits of 15 providing recreational facilities such as the Country Club to its residents and the general public 16 and the furthering of the Village's municipal involvement; 17 18 WHEREAS, the management and operation of the Country Club is a highly specialized 19 activity requiring a qualified, experienced expert to provide such services on the Village's behalf 20 for the benefit of Village residents and the public in general; 21 22 WHEREAS, the Village's prior experience in attempting to itself manage and administer 23 the operations of the Country Club proved entirely unsatisfactory particularly since such 24 operations, to be successful, require intensive specialized knowledge and expertise beyond the 25 capacity of a municipality of the size and resources of the Village; 26 27 WHEREAS, in anticipation of the expiration of the Village's contract with the prior entity 28 operating the Country Club, the Village engaged in extensive industrywide research and outreach 29 efforts to identify capable, qualified and interested potential operators, including the retention of 30 an expert in the field, which efforts and expert advice confirmed that, particularly in light of the 31 current Covid-19 pandemic and related operational, governmental, and economic uncertainties, 32 a relatively short term management arrangement, was likely the best arrangement available to 33 the Village, during these difficult times, to serve the public interests in maintaining, uninterrupted, 34 high -quality operations of the Country Club in the public interest of both Village residents and the 35 general public; 36 37 WHEREAS, as prior experience has shown, and the independent research and expert 38 advice obtained by the Village has confirmed, the public interest is unlikely to be adequately 39 served if the Village were to try to provide the required management services to operate and 40 maintain this valuable public asset on its own; 41 42 WHEREAS, the Village has carefully considered the aftematives for the operation and 43 maintenance of the Country Club generally, and also the specialized expertise required to 44 maintain a golf course in a condition that best serves the residents of the Village, with concern as 45 to the residents use of the Country Club as well as the aesthetic benefits and the favorable impact 46 property value of the Country Club being operated within the property of the Village; 47 48 WHEREAS, the Village Council previously authorized and directed the Village 49 Administration to negotiate specific terms and conditions for definitive agreements regarding the Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 surrender of the existing Lease tenancy at the Country Club and a new relationship going forward for management of the Country Club under a Management Agreement (and the Village Council provided guidelines as to the major terms and conditions thereof); and WHEREAS, after extensive negotiations, the Village Administration has provided Village Council proposed definitive agreements for such purposes all as reflected in and attached to the Memorandum from the Village Manager dated October 14, 2020; NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, MIAMI SHORES, FLORIDA, that the proposed Surrender and Termination Agreement and the proposed Management Agreement, in the forms attached to the Village Manager's Memorandum in support of this agenda item, are hereby approved and the Village Manager is authorized to execute same. PASSED and ADOPTED this 20th day of October, 2020. ATTEST: 20 _ 21 Ysabel 22 Village 23 24 25 26 27 28 29 CMC APPROVED AS TO FORM: Richard Sarafan Village Attorney 2