HomeMy WebLinkAboutR-00-0324J-00-97
4/6/00
RESOLUTION NO. 01 fo r 3 �+
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY
A FOUR FIFTHS (4/5THS ) AFFIRMATIVE VOTE, AFTER A
DULY ADVERTISED PUBLIC HEARING, WAIVING THE
REQUIREMENTS FOR COMPETITIVE NEGOTIATIONS, AND
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT IT IS ADVANTAGEOUS AND
PRACTICABLE FOR THE CITY MANAGER TO NEGOTIATE
A MANAGEMENT AGREEMENT FOR THE MANAGEMENT OF
PUBLIC, WATER -ORIENTED, RECREATIONAL PROGRAMS
AT THE VIRRICK GYM PROPERTY LOCATED AT
2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
MANAGEMENT AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH SHAKE -A -LEG MIAMI,
INC., A NON-PROFIT CORPORATION, FOR THE
MANAGEMENT OF A PORTION OF THE VIRRICK GYM
PROPERTY FOR THE PURPOSE OF PROVIDING PUBLIC,
WATER -ORIENTED, RECREATIONAL AND EDUCATIONAL
OPPORTUNITIES TO ALL SEGMENTS OF THE
COMMUNITY, WITH AN INITIAL TERM OF EIGHT (8)
YEARS; PROVIDING FOR AN ANNUAL ADMINISTRATIVE
FEE OF $500 PLUS 50% OF NET INCOME; WITH TERMS
AND CONDITIONS AS MORE PARTICULARLY SET FORTH
IN SAID AGREEMENT.
WHEREAS, Shake -a -Leg of Miami, Inc. ("SAL") has been
teaching sailing, navigation regulations, water safety and other
maritime related subjects of interest to handicapped individuals,
youth groups, and the general public at the Property since 1990;
and
WHEREAS, on January 22, 1994, the surrounding community
conducted a charrette, in which members of the community
CITY COMMISSION
MEETIIIIG OF
APR 9 3 2000
Resolution No.��'��yy
4 `Fti'4
recommended that SAL .continue to use or manage the Virrick Gym;
and
WHEREAS, the results of the charrette were discussed at
three public hearings, the Waterfront Advisory Board on
March 8, 1994, the Heritage and Environmental Preservation Board
on March 15, 1994, and the Planning Advisory Board on
March 16, 1994; and
WHEREAS, on March 22, 1994, the results of the public
hearings were presented to the City Commission and the City
Commission adopted Resolution 94-220 approving the findings of
the charrette; and
WHEREAS, Resolution No. 94-782, adopted on October 27, 1994,
approved the renovation of the Virrick Gym site for community
recreation programs; and
WHEREAS, Resolution No. 98-719, adopted on July 14, 1998,
directed the Administration to commence negotiations with SAL and
the YMCA of Greater Miami, Inc., as program providers; and
WHEREAS, SAL desires to enter into a management agreement
with the City of Miami for the management of public,
water -oriented, recreational programs at the Virrick Gym
property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Page 2 of 4 3
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager's finding that competitive
negotiations would not be practicable or advantageous for the
provision of professional services for the management of public,
water -oriented, recreational programs at the Virrick Gym, located
at 2600 South Bayshore Drive, Miami, Florida (the "Property"), is
hereby ratified, approved and confirmed.
Section 3. By a four-fifths (4/5ths) affirmative vote of
the members of the City Commission, the City Manager is hereby
authorized'/ to negotiate a Management Agreement, in a form
acceptable to the City Attorney, with Shake -a -Leg Miami, Inc., a
non-profit corporation ("SAL"), for the management of a portion
of the Property for the purpose of providing public, water -
oriented, recreational and educational opportunities to all
segments of the community, with an initial term of eight (8)
years; further providing for an annual administrative fee to the
�i The herein authorization is further subject to compliance with all'
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
Page 3 of 4 U `- 0 '�i
City of $500, plus 50% of Net Income; with terms and conditions
as more particularly set forth in the Agreement.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 13th day of April 2000.
ATTEST:
JOE CAROLLO, MAYOR
Pn accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of
Vft legislation by signing it in the designated placp, Prov dp ^~yid legislation no%,v
bsres effective with the elapse often (1nson
rega,dmg same,without the Mayor/'rcisin
-
Clerk
WALTER J. FOEMAN
CITY CLERK
APPROV e �S RKT FO
A R OWKI LA TffLLO
T ATTORNEY
4105:RCL
AND_',�ORRECTNESS :t
J.
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this .Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 4 of 4 a �
3'Z
-�2 -7
CITY OF MIAMI, FLORIDA 37
INTER -OFFICE MEMORANDUM
TO : The Honorable Mayor and Members
DATE: 2T003 FILE
of th&CiConunission
SUBJECT: Management Agreement between
the City of Miami & Shake -a -Leg
FROM: D nald H. Warshaw REFERENCES:
City Manager
ENCLOSURES:
RECOMMENDATION:
The administration recommends that the City Commission adopt the attached Resolution waiving
competitive negotiation procedures for the provision of professional services for the management of
public, water -oriented, recreational programs at the Virrick Gym property located at 2600 South
Bayshore Drive, Miami, Florida (the "Property"); authorizing the City Manager to execute a
Management Agreement ("Agreement"), in substantially the attached form, with Shake -A -Leg Miami,
Inc., a non-profit corporation, for the management of a portion of the Property for the purpose of
providing public, water -oriented, recreational and educational opportunities to all segments of the
community, with an initial term of eight (8) years; providing for an annual administrative fee of five
hundred dollars ($500.00) plus fifty percent (50%) of net income; with terms and conditions as more
particularly set forth in said Agreement.
BACKGROUND:
Shake -a -Leg of Miami, Inc. ("SAL") has been teaching sailing, navigation regulations, water safety
and other allied subjects to handicapped individuals, youth groups, and the general public in a facility
located on the Property since 1990.
On January 22, 1994 the surrounding community conducted a charrette in which the members of the
community recommended. SAL continue to use the Virrick Gym. The result of this charrette was sent
to three public hearings, the Waterfront Advisory Board on March. 8, 1994, the Heritage and
Environmental Preservation Board on March 15, 1994, and the Planning Advisory Board on March 16,
1994. After these results were taken to the public hearings, the Commission passed Resolution 94-220
on March 22, 1994 approving the findings of this charrette.
On October 27, 1994, the City Commission adopted Resolution 94-782, which provided for the
redevelopment of the Virrick Gym as a community recreation center.
Pursuant to Resolution 98-719, the City began negotiations with SAL for SAL's use of a portion of the
Property.
•
Shake -a -Leg
Page Two...
Highlights of the Agreement are as follows:
Initial Term: Eight (8) years
Options: Two 6 -year options
C,
Fees: Five Hundred Dollars ($500.00) annually plus 50% of Net Income
Initial Improvements: City shall design and construct on the Premises a two-story building.
Funding for The City shall contribute $298,000 towards the construction of the Initial
Improvements.
Provider ,to fund the balance of the funds necessary to design and complete
construction of , the Initial Improvements, including the installation of all
furnishings and equipment required for operation of the Provider's programs.
Maintenance Provider shall provide all maintenance, including preventive maintenance,
& Repairs: repairs, substitutions and replacements, as necessary, to the Premises and the
Public Docks.
City Approvals: Prior to the commencement of each fiscal year, the Provider will submit to the
City, for its approval, its budget, fees and maintenance plan.
Security Deposit: One Thousand Five Hundred Dollars ($1,500.00)
Conditions Precedent: This Agreement contains several conditions precedent. Of particular note are
. the following:
a) Full execution of the Use Agreement between the City and the YMCA of
Greater Miami.
b) Written notice of this Agreement must be provided to the United States
Department of the Interior and any comments or issues raised by the
Department of Interior will be resolved to the Department of Interior's
satisfaction.
c) Proof that funds are available to construct the Initial Improvements.
324
Shake -a -Leg
Page Three...
The principles of SAL are as follows:
• Directors William Mauk
Barth Green
Walter L. Revell
Luis Pagan
• President Harry R. Horgan
• Treasurer Roger Rosenberger
'SV LDHW:JFL:L af: Mayor CC —Management Agreement
00- 324
0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDOM
C7
Honorable Mayor and .APR ,5 _2Z0_
TO: Members of the City Commission
FROM: : D ed4arshaw
City Manager
DATE:
Shake -a -Leg
SUBJECT:
REFERENCES:
ENCLOSURES:
FILE:
On January 13, 2000 the City Commission adopted Ordinance No. 11878 which amended
Chapter 18, Article III of the Code of the City of Miami to allow service related to cultural,
educational, recreational or park activities provided by non-profit organizations within City parks
to be awarded without competitive negotiations subject to a written finding by the City Manager
that competitive negotiations are not practical or advantageous.
In February of 1972, through the Federal Property and Administrative Services Act of 1949, as
amended, the United States of America released and quitclaimed to the City of Miami 4.517
acres of land, located at 2600 South Bayshore Drive (the "Virrick Gym"). Under the terms of
this deed, the Virrick Gym shall be used and maintained for public park or public recreational
purposes.
Shake -a -Leg of Miami, Inc. ("SAL") has been teaching sailing, navigation regulations, water
safety and other allied subjects to handicapped individuals, youth groups, and the general public
at the Virick Gym since 1990.
On January 22, 1994 the surrounding community conducted a charrette in which the members of
the community recommended that SAL continue to use the Virrick Gym. The result of.this
charrette was sent to three public hearings, the Waterfront Advisory Board on March 8, 1994, the
Heritage and Environmental Preservation Board on March 15, 1994, and the Planning Advisory
Board on March 16, 1994. After these results were taken to the public hearings, the Commission
adopted Resolution 94-220 on March 22, 1994 approving the findings of the charrette.
On October 27, 1994 the Cite Commission adopted Resolution 94-782, which provided for the
redevelopment of the Virrick Gym as a community recreation center.
The City of Miami through the direction of Resolution 98-719 began negotiations with SAL for
SAL's management and operation of a portion of the property.
610— 324
The Honorable Mayor and Members
Of the City Commission
Page 2
Additionally, the Virrick Gym is designated to receive $3.8 million in Safe Neighborhood Park
Bond funds. As a condition to the receipt of these monies, the City must proceed with the
development of this site in a timely manner and the City must also provide evidence that the
property will continue to be maintained following the completion of the improvements. Since
the City has a limited means by which to support the continued operation and maintenance of the
property, it is in the best interest of the City to procure the services of an outside organization
Willing to operate and maintain the property.
Therefore, based upon the foregoing, I. find that the use of competitive negotiations for the
management of public, water -oriented, recreational activities at the Virrick Gym property would
not be practicable or advantageous and would recommend the City Commission authorize the
execution of a management agreement with Shake -a -Leg Miami of Miami, Inc.
DHW:JFL:AF SAL Written Findings
UU j�`X
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on
April 13, 2000 at 5:30 PM in the City of Miami Commission Chambers at City Hall,
3500 Pan American Drive, Miami, Florida, for the purpose of waiving competitive
negotiation methods for the following:
1) The award of a management agreement to Shake -a -leg Miami,;: Inc., a non-
profit corporation, to provide public water recreational activities at the City -
owned property located at 2600 South Bayshore Drive, Miami, Florida. Said
management agreement to be for a period of eight (8) years with the option to
renew for two additional six (6) year periods; and
2) The award of a management agreement to the YMCA of Greater Miami, a
non-profit corporation, to provide health, fitness and recreational programs
activities at the City -owned property located at 2600 South Bayshore Drive,
Miami, Florida. Said management agreement to be for a period of eight (8)
years with the option to renew for two additional six (6) year periods.
All interested persons are invited to appear and may be heard concerning such proposed
award. Should any person desire to appeal any decision of the City Commission with
respect to any matter considered at this hearing, that person shall ensure that a verbatim
record of the proceedings is made, including all testimony and evidence upon which any
appeal may be based.
(City Seal)
Ad #05059
Walter Foeman
City Clerk
J-94-180
3/15/94
RESOLUTION NO. � 4 2 2 U
A RESOLUTION, WITH ATTACHMENT(S),
RECOMMENDING THAT THE CITY COMMISSION ACCEPT,
THE VIRRICK GYM AT DINNER KEY STUDY (MARCH,
1994), ATTACHED HERETO AS "ATTACHMENT 'A"'
AND MADE A PART HEREOF, WHICH PROPOSES REUSE
OF THE VIRRICK GYM, AND THE ADJACENT HANGARS,
FORMERLY KNOWN AS MERRILL STEVENS DRY DOCK
AND THE IMMEDIATE SURROUNDING OPEN SPACE.
WHEREAS, the former U.S. Coast Guard and Pan American
Hangars have been historically designated and the Virrick Gym is
subject to certain deed restrictions and is itself of potential
historic significance; and
WHEREAS, pursuant to City Commission direction at its
meeting of October 14, 1993 (M-93-560), the Planning, Building
and Zoning Department was instructed to conduct a planning study
of the Virrick Gym and the immediate surrounding area in order to
receive input necessary for certain approvals from appropriate
federal and state agencies; and
WHEREAS, the City of Miami sponsored a publicly noticed
all -day charrette at the Coconut Grove Sailing Club on
January 22, 1994, the focus of which was (1) the adaptive reuse
of Virrick Gym, (2) the potential redevelopment of the Virrick
Gym site, (3) the potential reuse of the two hangars (FKA Merrill
Stevens Boatyard), and (4) planning for the immediate vicinity
bounded by Aviation Avenue, South Bayshore Drive, Pan American
Drive and the Biscayne Bay; and
IF T
yy`tlt
ilfi�f.. .IZ• {� �or�
CJ V oto, .c •k
cu! COMMMON
MMETING OF
WHEREAS, nine teams of interested participants discussed the
site, proposed solutions and revised proposals in an open forum;
and
WHEREAS, subsequently., the conclusions,' of that charrette
were summarized and. presented as the Virrick Gym at Dinner Key
Study (hereinafter, .the "'Study"), attached hereto as "Attachment
'A'" and made a part hereof, at 'a publicly noticed hearing on
February 15, 1994 in the City Commission Chambers located at City
Hall.at Dinner Key; and
WHEREAS, on March 81 1994, the Study was presented to the
Waterfront.Advisory Board; and
WHEREAS, on March 15, 1994, the Study_ was presented.. to the
Historic and Environmental Preservation Board; and
WHEREAS; on March 16, 1994, the Planning Advisory Board
pursuant to Resolution.PAB 18-94, and bya vote of eight to zero
(8-0), recommended that the City Commission approve in principle
the study and direct staff to implement the goals and objectives
as set forth herein;
NOW, THEREFORE, BE IT•_RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI FLORIDA:
Section" 1. The recitals and findings contained. in the
Preamble to 'this Resolution are hereby' adopted by reference.
thereto and incorporated herein as,if fully set forth in this
Section.
Section 2.' The City Commission hereby accepts,, the Virrick
Gym at Dinner Key Study (March 1994),, attached hereto as
"Attachment 'A"' and made a part hereof, which,proposes reuse of
*,; 2
-2- J
the Virrick Gym, and the adjacent hangars, formerly known as
Merrill Stevens Dry Dock, and the immediate surrounding open
space.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of March 1994.
AT TSTEItEN P. CLAPI, MAYOR
M)ffT-Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
LINDA KELLY KEAASOk
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A .' QUINN JOKE,S, III
CITY ATTORN
LKK/pb/bsS//M4188
-3-
00- 324
R
•
RESOLUTION PAB - 18-94
•
A RESOLUTION APPROVING THE VIRRICK GYM DINNER KEY STUDY IN CONCEPT
(MARCH, 1994) WHICH PROPOSES REUSE OF THE VIRRICK GYM, AND THE ADJACENT
HANGARS, FORMERLY KNOWN AS MERRILL STEVENS DRY DOCK AND THE IMMEDIATELY
SURROUNDING OPEN SPACE, AND FURTHERMORE DIRECTING THE ADMINISTRATION TO
IMPLEMENT THE GOALS AND OBJECTIVES OF THE CHARRETTE.
HEARING DATE: MARCH 16, 1994
VOTE: eight (8) to zero
ATTEST:
ER IO RODRI UEZ, DIRECTOR
PLANNING, BUILDING AND ZONING
3
RESOLUTION NO. HEPB 94-8
A RESOLUTION SUPPORTING THE VIRRICK GY`* AT DINNER KEY
STUDY, DATED MARCH 1994, AND THE F: -:DINGS OF THE
VIRRICK GYM CHARRETTE AS SET FORTH IN THE GOALS AND
OBJECTIVES; APPLAUDING THE PLANS FOR THE ADAPTIVE
REUSE OF THE THREE HISTORIC BUILDINGS; AND ENCOURAGING
THE CITY COMMISSION TO IMMEDIATELY INITIATE THE
PROCESS TO IMPLEMENT THE STUDY AND REQUEST PROPOSALS
FROM INTERESTED PARTIES FOR THE REUSE OF THE
BUILDING$.
PASSED AND ADOPTED THIS 15th.DAY OF MARCH, 1994.
PRESERVATION OFFICER
CHAIRMAN
5
•
•
The Waterfront Advisory Board on March 8, 1994, following input from the
public, recommended modifications to the goals and objectives, by a
unanimous vote 8-0.
Waterfront Advisory Board Recommendations
Goals and Objectives for the Virrick Gym/Merrill Stevens Site
1. Preserve all structures; no demolition of historic
structures.
2. Area should be reserved for the marine community and water -
dependent uses.
3. No hotels or residential units; no high-intensity "Bayside -
type" tourist facility or more theaters which would
contribute to traffic and congestion problems. No parking
sructures or offsite parking for other businesses. .
4. Revenues collected from the site should be reinvested there
and not returned to the General Fund.
5. Emphasis on youth recreation, particularly marine -related
recreation.
6. If adequate parking for resulting uses cannot be provided
onsite as surface parking, investigate the possibility of a
tram or shuttle to accessory parking at the Coconut Grove
Exhibition Center.
7. Preserve the existing views of the bay.
8. Preserve the existing mangroves..
9. Landscaping should prevail continuously along South Bayshore
Drive and Aviation Avenue; a marine -oriented feature should
be incorporated into the landscaping design.
10. Make the conclusions of this charrette the foundation for
all future requests for proposals for the site.
11. Use available FEMA or insurance funds immediately to prevent
further damage to the structures.
12. Preserve the Virrick Gym as a multi -use community center
which might include a water sports training center and
sailing educational center by retaining or expanding the
Shake -a -Leg facility, possibly in conjunction with the U.S.
Olympic Training Center.
13. Some indoor recreational facility such as a basketball court
and/or boxing gym should be retained for indoor activity
c-2 4
1 ��'
VirricK Gym
at Dinner Key
Study
circa 1934
City of Miami
Planning, Building and Zoning Department
March, 1994
00- X24 9
THE VIRRICK GYM AT DINNER KEY STUDY
Proposed Reuse of the Virrick Gym, and the Adjacent Hangars
(Formerly known as Merrill Stevens Dry Dock
and immediately surrounding open space)
GO- X24
Prepared by the City of Miami
Planning, Building and Zoning Department
March 1994
History of the Site
The U.S. Coast Guard Air -Station at Dinner Key (Virrick Gym):
Based on the historic research conducted at the National
Archives and U.S. Coast Guard Headquarters in Washington, D.C.,
the U.S. Coast Guard Air Station at Dinner Key (Virrick Gym) is
believed to be eligible for listing in the National Register of
Historic Places. This property possesses' national significance
for its role in the history of Coast Guard aviation.
In 1'915,. the Coast Guard 'conceived' the idea of using
aircraft 'for search and rescue missions . An act of Congress in
1916 authorized the -establishment, of ten Coast Guard air stations
along the, ,coasts of .the United States,.. but no, funds were
appropriated. Although the Coast Guard did establish early air
stations in the 1920's on properties.borrowed from the U.S. Navy,
the Coast Guard expended no funds for construction. It was. not
until the early 1930's that funding was made available for the
construction of an air station, with South. Florida being the
preferred location!
Because of the amount of -air traffic in the area, the Coast
Guard viewed Miami as "the logical place for this first air life-
saving station" and began. the search for a suitable location.
With no funds available for the purchase of land and only limited
funds available for the.construction of a hangar, the Coast Guard
approached the City of Miami and Pan American Airways for
assistance. Pan American Airlines had recently established a
seaplane base at Dinner Key and had sublet the northeastern
section of the property .to the City of'Miami and,Dade County for
the construction of either a , municipal airport or park.
Recognizjng the benefit to the area that a Coast Guard air
station could provide, the City Viand County, in'turn, agreed to
lease its, property on Dinner Key to the Coast Guard.
In June,.19.32, the Coast Guard Air Station at Dinner Key was
commissioned, and the construction of the seaplane hangar was
completed. The station was, expanded in 1938, when the property
across the street. was acquired as 'a location for .a barracks
building-. The -office annex was added in 1942. During its years
of operation, the Dinner Key air station evolved into the busiest
air -sea -rescue station in the world. After the unit moved to the
Opa Locka airport, its present location, in 1965; the property
was declared to be surplus and was acquired by the City of Miami.
in 1972. Deed restrictions on the property require that the
property
(1.) would be used.for the'public purposes for which it
was conveyed;
12 k' 9
2
L
A. TERMWAL 13UILDING(MI4NU CITY HALO
B. HANGAR (GROVE KEY MARWM
C. HANGAR (GROVE KEY MARWM
O. HANGAR WERRIL STEVENS DRY DOCK Coi
-L MACHWE SHOP UAERRIL STEVENS DRY DOCK COJ
F. CHART HOUSE RESTAURANT
G SOOTTYS LANDING
K U.S: COAST GUARD HANGAR(EUZABETH VERRICK GYM)
40,
CN
5-0
VIRRICK GYM
AT '-DINNER KEY STUDY
19
Oe
)A
Vo -
G
uj
z
U
W
13
14.
(2) would, within six.. months of the date of deed
conveyance, erect and maintain a permanent sign or
marker near the point of principal access to the
conveyed area• indicating that the property is a
park or recreation area and was acquired from the
Federal Government for use by the general public;
(3) would not be sold, leased; assigned, or otherwise
disposed of except to another eligible
governmental agency that the Secretary, of the
Interior agrees in writing can assure the
continued use and maintenance of the property for
public park or public recreational purposes
subject to the same terms. and conditions in their
original instrument of conveyance (this was not,
however, to preclude the City from providing
related recreational facilities and services
compatible with the approved application, through
concession agreements entered into with third
parties, provided prior concurrence to such
agreements is obtained in writing from the
Secretary of the Interior);
(4) the City would make biennial reports to the
Secretary of the Interior setting forth the use
being made of the property; and
(5) that the property would revert to the Federal
Government should the government determine it
necessary for the national defense.
Pan American Seaplane Base and Terminal Building (formerly,
Merrill Stevens Boatyard):
The hangar and machine shop which comprise the former
Merrill Stevens Boatyard are included within the boundaries of
the local historic site designation for the Pan American Seaplane
Base and Terminal Building. This property is also listed in the
National Register of Historic Places for its significance in the
history of modern air transportation. The Dinner Key base was
the nation's busiest commercial seaplane terminal during the
1930s. Often described as the "Air Gateway Between the
Americas," the base linked the United States with Latin America
by way of air transportation, opening up major trade and
passenger routes.
Dinner Key, a small island in Biscayne gay, was joined to
the mainland during World War I to provide a training ground for
the U.S. Navy. In 1930, Dinner Key was selected by the newly -
formed Pan American Airways System as the base for its inter -
American operations. The lack of land-based facilities for
3
X24
planes in Latin America forced Pan American to utilize flying
'boats and amphibious aircraft,.for its operations.
The 'facilities at Dinner Key were the first constructed
exclusively for -commercial passenger seaplane service and served
as,a model for those that followed in Rio de Janeiro, New York,
.and San Francisco. The site plan for the seaplane base developed
by Pan American was designed for both the aerial. and land view.
The plan .called for the construction of. a "V" shaped line of
hangars to be used for machine'shops, maintenance,.operation, and
storage. A terminal building, was planned for the apex of the
,v,° at the end of, a long driveway,, thus. forming a shape
reminiscent of an airplane. The U.S.- Coast Guard followed the
site plan developed by. Pan American when. constructing its own
hangar on the'adjacent property.
During the,mid..1930s and early 1940s.,' approximately 50,000
passengers per year 'flowed through the Dinner Key terminal. In
addition, the terminal averaged more than 30,000 visitors per
month, with as many as.•100,000-in the winter months. A third
hangar `and machine shop ..(the former I Merrill Stevens Boatyard)
were added during this period to house some of,the larger planes
that were being employed,
The appearance of 'landing fields in Latin America during
World:War II decreased the need for seaplanes, and on August 9,
1945, Pan American's last flight to Dinner Key took place.
Dinner Key was_.purchased by the City of Miami the following year.
Off" OZ`S
. 15
4'
Previous Planning Studies of the Site
The "Dinner. Key Master Plan - 1972" (prepared by Russell -
Melton Associates, Architects, Planners, Consultants) recommended
the increase of recreational uses of the Dinner key area both
landside and waterside. The plan proposed to arrive at this goal
through wholesale demolition of most of the existing structures
and the radical alteration of the .existing shoreline.
The marina was to be enlarged to a capacity of 1,000 slips.
The Spoil Islands bulkheaded on the marina side and connected to
the mainland by means of bridges thereby increasing the dock
access area and the amount of�shoreline available to the public.
on the land side the removal of the existing Dinner Key
Convention Center would create a large open park (Center Park)
which would provide a single open space system from Peacock Park
to Miami City Hall.
Pan American Drive was to be removed with two parking
structures placed directly in front of Miami City Hall. The
present perspective to Miami City Hall would have been blocked.
Although the City Hall building would have been retained for
public use under this plan, most other remaining uses within the
study area, except the yacht club, were to be altered by
demolition and/or relocation to new facilities.
Although not expressed as a specific goal or objective the
preservation of view corridors from north -south streets abutting
Bayshore Drive allowing visual access to the waterfront was
emphasized.
Another goal was to create a. continuous accessible
shoreline. The goal was ambitious since it would force the
removal and/or relocation of existing viable uses (i.e., private
boat storage and repair.)
The also proposed a number of goals for the surrounding area
areas. Some of these goals are worth noting even though in many
cases land value, access and development pressures have, to some
extent, predetermined development patterns. These goals and plan
actions included: (1) to connect residential areas with water's
edge activities; (2) to maintain Bayshore Drive as a two-lane
(single lane in each direction); (3) to avoid the creation of a
highrise wall at the west side of Bayshore Drive; (4) to maintain
the north end of the project as a single family residential zone;
and (5) to create a plan for Coconut Grove.
The Planning Department's "1974 Planning Study for Coconut
Grove" made several recommendations affecting the Dinner Key
16 ,uta
5
Study area including: .(1) the creation:of an environmental scenic
corridor along Bayshore Drive; (2) the creation of a pedestrian
and bicycle path along Bayshore- Drive; -( 3•). the establishment of
"park ,.,and recreation", as the land use for City -owned waterfront
property:; ( 4) 'thee preservation, of Miami City Hall as a historic
landmark; and (5) the upgrading of 27th Avenue. ..All of these
recommendations was later implemented.
The .'1983 .Dinner Key Marina Conceptual Master 'Plan"
(prepared by Greenleaf and Telesca)*recommended both landside and
waterside improvements at Dinner Key. - Ori the waterside it
proposed the removal ofthe existing docks with 325 spaces and
its replacement with.A new configuration of piers having a total
of 550 moorings. New pier construction was to have been of
concrete and the slips would have had all the necessary
conveniences such, as running water, electricity and sewage
connections..
On the landside a, number of definite actions were proposed.
In general the 'recommendations were; (1) the .construction of a
principal landside amenity such as a waterfront promenade suited
for several types of activities including landscaping and signage
designed to enhance the area and traffic circulation and parking
improvement with drop-off zones for each: -pier; (2) improvements
at the Dinner Key launching site (existing trailer boat launching_
area. nearBayshore Drive and the extension of S.W. 27th Avenue)
including a dockmaster house, launching ramp, seawall renovation,
dinghy dock, auxiliary trailer boat parking, 27th Avenue marina
access and, landscaping; (3) improvements to the Dinner Key Marina
including project entrance, supplemental signage, Bayshore Drive
landscape buffer,' water front`promenade, pier drop-off zones,
dockmaster zone, Miami City Hall landscape and promenade; (4) new
vacuum sanitary station at the feature area immediately south of
City Hall; and (5) jitney service for six motorized carts to
chauffeur people and equipment from parking to piers.,
The City of Miami's 1119.80 Coconut Grove Parking Study"
suggested a number .'of recommendations to achieve better
utilization of the existing parking supply. Several immediate
low-cost capital improvement, projects were recommended, af f ecting
the Dinner'Key study site including: (1) the encouragement of
peripherah offstreet parking lots- for employees and other long-
term uses; (2.) an additional 100 parking spaces at the north side
of theexhibition, center,- on the land previously occupied by the
old World War II barracks, in order to balance the parking layout'
and, provide additional parking suitable for long-term use
fronting Bayshore. Drive; and (3) a_shuttle or tram service should
be considered connecting the business district of Coconut Grove
with the parking lots at Dinner, Key. Other .long-range planning
options included.a proposal for a one-story parking facility and
a shuttle operation between Dinner Key and the Coconut Grove
business center.
U 4
17
0 .0
The "Dinner Key Master Plan of 1984" (prepared by Bermello,
Kurki, Vera, Inc.) concluded that the site should be advertised
for public proposals to develop a marina, a full service boat
yard, and supportive innovative services through a Unified
Development Proposal. This approach recognized the need for
maintaining full service marine facilities with better
utilization of the land and water resources of Dinner Key,
particularly in relation to the enhancement of public access to
the waterfront, provision of usable open space and more effective
joint utilization of support functions such as boat lifts and
parking.
The concept however, was contingent upon the assemblage of
parcels including Monty Trainer's Restaurant (which has a
leasehold arrangement with the City until the year 2035), Grove
Key Marina (with a leasehold until 2012), the Chart House
Restaurant (with a sub -leasehold until 2012), Merrill Stevens Dry
Dock Boatyard (now managed by the City), Virrick Gym (including
Shake -a -Leg presently on a month-to-month leasehold), and the
City Hall building. A mutual agreement would be required to
carry out the unified development concept so that any future
lease negotiation of the entire tract could not occur prior to
the expiration of the last leasehold.
Specifically, the unified development concept would consist
of. the following marine -related .facilities: (1) a full-service
marina for boats under and over 28 feet; (2) a minimum of 125
boat slips (108 existing); (3) dry storage for a minimum of 470
boats (same as existing); (4) dock for water taxi and short-term
slips.
The UDP also included a specialty. retail facility of
approximately 130,000 square feet of marine -oriented specialty
retail involving restaurants, a fish market, sporting goods, bait
and tackle, marine furniture, marine clothing, arts and crafts,
and similar uses. The gross area specified was based upon a year
2000 market absorption ratio projection.
Additionally, the old Coast Guard Seaplane Hangar building
and annex which presently houses the Virrick Gym in the hangar
and the City of Miami Parks and Recreation Handicapped Division,
Day Care, Cable and Parking Task Force offices at the annex were
proposed to be converted into a 500 -seat Performing Arts and
Cultural Center. The annex was to be demolished, with the Parks
and Recreation offices relocated to the Government Center. In
its place a new entry plaza and pedestrian circulation link to
the Dinner Key bay walk would be established. This open space
would also enhance a vista of the bay from Bayshore Drive at this
location.
7
X14
The. Performing Arts and Cultural Center would work in
conjunction with the. Working Arts - Center' which was proposed by
various community groups as an adaptive reuse possibility for the
Naval Reserve Training Center across the -street.. The Working
Arts Center would accommodate the physical requirements inherent
in the training and development of human resources in the field
of visual and fine arts. This' -facility. would become a hub for
musicians, dance groups; theater groups and ,.artists.. The
renovation of the facility into. a, multipurpose cultural center
.would allow for the sharing of space, and support facilities
between the City of Miami., recreational programs and other
potential tenants such as' local dance and children's. theater
groups.
In additional to .the proposed Performing Arts Center, an
outdoor sloped lawn surface,,with an amphitheater configuration,.
is _to be developed on the .waterside of the existing building.
The idea was to complement the internal flexibility of the
Performing Arts Center and create an outdoor activity compatible
with the waterfront Bay Walk.
Adjacent to the amphitheater on City property, part of which
is presently being leased to Merrill Stevens,.an open space plaza
would be developed with food kiosk concessions and other informal
activities to complement both the Performing Arts,Center and
people -oriented. outdoor spaces,, which would form part of the
interface between the new "Bayshore Promenade" and "Dinner Key.
Bay.. Walk"
The plan recommended that the existing boat ramp adjacent to
the Virrick Gym be converted.into a boat dock pier to accommodate
a taxi .water taxi, an appropriate feature craft or simply
temporary docking :facilities, which were severely lacking
throughout .the Dinner Key basin. Because of its wide nature it
would also •serve, to hold public ,gatherings and events ,and would
form part of the complex created at, the old Coast Guard Hangar
and be visually and . functionally =:'•linked to the outdoor
•amphitheater and Dinner Key Bay Walk.
The study proposed. an additional parking structure in the
Dinner Key area, however; by Resolution 85-70, January 24, 1985,
the City. Commission amended the..* conclusions ��of.the study to
require that _no.parking structures be built in the Dinner Key
.area from Kennedy Park to., Peacock Park either between South
Bayshore Drive and the Coconut Grove Exhibition Center or
directly on the waterfront east of 'Pan American Drive. The
amended study- indicated that provision of public .parking for
activities within`Dinner Key should include joint public-private
arrangements •whereby private developers may, gain development
incentives for building excess parking spaces as a part of a
development project and assuring the availability of said parking
for public use, particularly on an evening andweekend basis.
. `3 9
0
8
Subsequently three requests for proposal (RFP) were
prepared and circulated for the former Merrill -Stevens site.
Recently, the City Commission rejected a proposal, responding to
the third RFP.
III
�,J
The -Existing Situation
The subject of this study includes Merrill Stevens Dry Dock
Boatyard (now managed by the City of Miami), Virrick Gym which
houses the Shake -a -Legg Program (presently on a month-to-month
leasehold with the City of Miami"), and the Virrick Annex which
houses the City of Miami Parks and Recreation Handicapped
Division, Day Care, Cable Office and Parking Task Force.
In June of 1993,.'the City 'Commission adopted a resolution
authorizing the demolition of the Virrick Gym and Parks and
Recreation Building (Resolution 93-374, June 29, 1993) because of
damage suffered as a result of Hurricane Andrew. The Parks.
Department contemplated a plan which would provide a more open
and accessible park with water resource-based and passive
recreational amenities.
However, the Federal Emergency Management Agency determined
that the structure was considerably less than fifty percent
destroyed and therefore would be 'eligible for federal disaster
funds for rehabilitation costs not covered by the City's private
insurer. It was 'subsequently, determined that the City's
insurance reimbursement options would include the following:
1. Take the $898,000 and. build another gym on another
site. Any costs above the $898,000 would be borne
by the City.
2. Take the $898,000 and repair the existing gym. The
$898,000 is the final negotiated estimate of
hurricane damage to.the existing facility. The City
can utilize the $898,000 to repair, but it will be
adjusted.,to the actual dollars as repairs are
completed. (For instance, if the storm repairs cost
$600,000, we would, rebate $298,000 to the insurance
carrier. If, however, ,the actual storm damage
repairs cost $1.2 million, the carrier would pay the
full amount. -The carrier is obligated to pre -storm
conditions, not new or like -new.
3. "Take the $898,000 and demolish the"existing facility
and build anew gym facility on the same site. Any
•costs above the $898,000•would be borne by the City.
4. Take a cash settlement instead of doing any repairs
or construction based on a depreciated amount of
approximately $810,000.
Traffic Concerts
+ 994 Z1.
10
22
Average Daily Trips (ADTs) on Bayshore Drive (in both
directions) were 15,780 in 1991; peak hour counts were
approximately ten percent of that figure or 1,578.) Similar
information for Aviation. and Pan American Drive is not presently
available. Reliable parking counts at the site are not presently
available.
Eligibility and Requirements of Historic Designation
The entire Dinner Key area is protected by dif ferent layers
of federal and local historic designation (see map). The Pan
American Seaplane Base and Terminal Building, including the
Coconut Grove Convention Center, was listed in the National
Register of Historic Places, the federal government's official
list of properties worthy of preservation, in 1993. The Pan
American Terminal Building was designated as a local historic
site under the City of Miami's Historic Preservation Ordinance in
1983. This designation was expanded on November 16, 1993, to
include the entire Pan American Seaplane Base and Terminal
Building, excluding the Convention Center. The virrick Gym is
not locally designated, but appears to be eligible for listing in
the National Register. The varying historic preservation
requirements for these. types of designation are as follows:
National Register of Historic Places
National Register listing imposes no requirements on a
property unless the proposed action were to involve federal
assistance, permitting, or licensing. Any actions affecting the
Pan American Seaplane Base and Terminal Building would be subject
to the provisions. of Section 106 of the National Historic
Preservation Act only if there was some type of federal
involvement (e.g., use of federal funds such as FEMA assistance;
projects that require a permit or approval from any federal
agency; etc.)
Local Historic Site Designation
Locally designated historic sites,
Merrill Stevens Dry Docks, are subject
Chapter 23.1 of the Miami City Code
designation, exterior alterations,
construction are subject to the review
Historic and Environmental Preservation
demolition would be subject to a possible
decision of the Historic and Environmental
be appealed to the City Commission.
u
such as the former
to the provisions of
With this local
additions, and new
and approval of the
Board. Any proposed
six month delay. Any
Preservation Board may
VIRRICK GiM AT DINNER KEY STUDY
O NATIONAL REGISTER OF HISTORIC PLACES '00 see
r•; •• .
® LOCAL HLSMRIC SITE DESIGNATION �� ° • •':o
••.••
[>EiERMWAT70N OF EUGIBIUTY: NATIONAL REGISTER 0,•• ••
00-
00
:'0 *fw-f
• • N , NNS �N�•.•� •• • �J�.J.•�.
N
• • •..� ••• • • •• • • • • •• ~•
•. • •
• • • • • • • • • • •
•• • • •• •••••••
• • • ° • • • • • • e
• e•• • w. ego. •••o••
e• •
• • • • • • • • • • • • • ® •
• • , . • • • • e • • •
• • •
• • • • • • • • • • •
• • • • • • •
• • • •'• •
• • • •'
A. TERMINAL VJU* GWL W Chir HAM
R. HANGAR (GROVE KEY MARINA) •..
C. HANGAR (GROVE KEY MARNAI
0. HANGAR (MFRRR. STEVENS DRY OOCI( CCU
-E. MACHINE SHOP (A MIX MVENS DRY DOCK COJ
I. CHART HOOSE RESYA(JRAM
G. SOOTTrS Id1NONG
H. LLL CGAST,CARP HANGARff11ZABM VEIU= GYAQ
1. (Lt NAVY ff GROVE CONVENTION CDMI
I. DOM KEY MARINA DOCKMASTER'S OFFICE
0
y�
LP
X24 23
24,
Determination of Eligibility
If the Virrick Gym is determined to be eligible for listing
in the National Register of Historic Places, any actions
affecting the property would be subject to the requirements of
Section 106 of the National Historic Preservation Act. This
requirement is triggered by the deed restriction on the property,
which requires approval by the National Park Service, Department
of the Interior, of any proposed change in utilization.
This federal historic preservation requirement stipulates
that the State Historic Preservation Office (SHPO) in Tallahassee
be given an opportunity to comment on any action that would
affect the property. If the proposed action would have an
adverse affect, the City would be required to consult -with the
SHPO and the Advisory Council on Historic Preservation, a federal
agency, to seek agreement on ways to avoid or reduce the adverse
effects. One possible compromise could involve the preservation
of the hangar and the demolition of the Virrick Gym Annex, a
structure that has little architectural value. The National Park
Service must take all comments into consideration before
approving or denying the City's proposal.
12
lul
r
OU
Results of.the Charrette .
.Pursuant to City Commission direction at its, meeting of
"October 14, 1993 (M-93-560)., the Planning Department was
instructed to conduct a planning study of the Virrick Gym and the
immediately surrounding area. Public input was.sought in order
to receive necessary approvals _'from federal and state agencies
due to historic designation of the hangars and deed restrictions
on Virrick Gym site.
The.City sponsored an all=day 'publicly noticed charrette at
the Coconut Grove Sailing Club, on January 22nd, 1994. The
conclusions of that charrette were presented at a -publicly
noticed meeting.on February 15th .at City Hall. Subsequently, the,
recommendations of the participants of the charrette. are to be
presented-, to, and "approved in -concept by the Waterfront Advisory
Board on March 8th and the Historic and Environmental
Preservation Board on March:15th.
The charrette focused on:. (l) the adaptive reuse of. Virrick
Gym; (2)'the potential redevelopment of the Virrick Gym site; (3)
the potential reuse of the two hangars (FRA Merrill Stevens
Boatyard); and (4) planning for the immediate vicinity bounded by
Aviation Avenue, South Bayshore Drive, Pan American Drive and the
Bay.
Nine teams of .interested participants discussed the site,
proposed solutions and revised those proposals in an open forum.
Their conclusions, attached herewith.as Attachment A, provide,the
summary of that charrette an: a set of guidelines for the City
Commission and City. Administration, regarding the future
development of the site. -
Subsequently, during the meeting of February 15th at City
Hall, a proposal was put forward to ,utilize the Virrick Gym as a
farmer's market; this proposal was rejected by the audience.
- 3 .25
J
13
THE PLAN
A. The Virrick Gym would be retained and restored as a sailing
center, ideally as a facility shared by "Shake -A -Lege, a
sailing program for the handicapped; the U.S. Olympic Sailing
Team and the City of Miami Parks Department sailing program.
Using recreational sailing as a common theme, a recreational
program for the general public is also visualized including
an exercise gym, health club and bike rentals. Shake -A -Leg
has a small sailboat dock, also. Parking is available for
.handicapped and users.
The office annex, which is contiguous on the north side of
the Virrick Gym building proper is -currently partially
occupied by City of Miami offices. If Shake -A -Leg were to be
allowed to follow through with their ambitious program for
reusing the office annex as sailing team barracks, then the
City offices (daycare, handicapped and cable) would have to
be relocated to an unidentified location. Alternatively,
during a long transition period, the use of the office annex
could be divided between Shake -A -Leg and the City.
B. The Hangar (formerly Merrill Stevens Drydock) would be
retained and reused as a full service boatyard capable of
servicing boats over 28 feet in length. This facility would
be augmented by a repaired (or new) boat lift,. and room for a
forklift to maneuver. Increasingly stringent environmental
regulations dictate that boat repair activity take place in a
controlled (indoor) environment so that the outside apron is
to be used -by boats to be repaired or dry boat storage (28' +
in length). Sufficient parking on the north side of the
building would be available for workers, clients and marina
users.
C. The Machine Shop (formerly Merrill Stevens D ock is
proposed as a Pan American Airways Coast Guard/Air/Marine
Historical Museum (see letter of interest in Appendix C from
the Historical Museum). This proposal should not be reviewed
in isolation but rather in the context of Coconut Grove's
other historic attractions such as the Barnacle, and City
Hall and the Virrick Gym at Dinner Key. Visitor parking
would be available to the north of the building.
Alternatively, if -the Historical Museum proposal ultimately
is not found to be acceptable to the City, this building
would be included in the Request for Proposals for the full
service boatyard (see below).
D. The Marina has previously been included with the full service
boatyard. However, it seems that the marina could be
26 - 0
14
operated separately if a dedicated parking area for users
were located on the bay side of the machine shop or in part
of the open apron. The marina would include sixty-one (61)
grandfathered slips, and perhaps 25 to 40 more new slips
(which would have to.be approved by Metro Dade County). Also
included is a dockmaster's office, on -dock fuel facility
(with onshore fuel storage tanks) and a marine art -in -public -
places feature. '
The fuel facility is located to provide maneuverability for
large boats; the continued use of the water area to the
southeast as a "free" anchorage may interfere with this
desired maneuverability of larger boats destined for the
fuel facility or the boat lift.
E. The Boat Launching Ramps need to be renovated to facilitate
launching (and retrieving) boats. A vehicle -and -trailer
parking area, for storage while a boat is in use, is located
south of the Virrick Gym.
F. The Sailing Dock is currently operated by Shake -A -Leg as part
of their concession. The potential to expand the number of
slips here is hampered by the need to provide an ample
maneuvering area for the sailboats. However, the potential
of expanding sailboat slips should continue to be explored.
G. A Baywalk with pedestrian amenities is included, where
appropriate. It is recognized that mangroves on the shore
south of the parking area must be preserved.
H. A New Green Space is located along the eastern edge of the
parking area to provide a "see through" and separation. A
hard court area is included.
I. The Parking Area has been reconfigured. A meter, decal or
other form of parking validation should be considered to
assure that use of the parking area is for patrons of Dinner
Key and not visitors and workers destined for office
buildings on the north side of South Bayshore Drive.
Attention also needs to be given to security needs of the
parking area and the vehicle -and -trailer storage area.
J. The South Bayshore Drive Pedestrian -and -Bicycle Path is
retained. Landscaping in the form of an overhead canopy is
suggested by adding a parallel row of, royal poincianas with
adequate spacing to allow for future growth. No understory
landscaping is proposed, for safety and security reasons.
Also to be incorporated is a stop for tram or shuttle service
to accessory parking at the Coconut Grove Exhibition Center
or village center, should this service ever be implemented.
K. The triangular Open Space should only be altered by adding
turf -block or similar "open cell" paving that would allow the
21; use of green ground cover while still providing for overflow
`s
. 15 ���C!-
parking at the Coconut Grove Exhibition center. Preservation
of this green space calls into question continued use of this
area by- workers and patrons of establishments on the, north
side of South Bayshore Drive.
THE NEXT STEPS
The City should:
1. Forward this study to the appropriate federal and state
agencies for review.
2. Immediately authorize sufficient repairs to the Virrick Gym
to enclose it and protect it from the elements.
3. Prepare a Request for Proposals (RFP) for the Virrick Gym and
Machine Shop, including boat launching ramp and sailing dock,
to enable public interest non-profit groups to present
proposals utilizing the recently enacted charter amendment.
4. Prepare a Request for Proposals for a full service boatyard
utilizing the large hanger and marina. As a part of this
RFP, an additional optional proposal could be considered, for
the machine shop, as part of a full-service boatyard.
5. Seek a coastal management or open space grant to address the
baywalk segment, preservation of mangroves, and the
installation of the green space and hard court.
0
30,
17
... 324
ATTACHMEMT A
VIRRICK GYM CHARRETTE
GOALS AND OBJECTIVES FOR THE SITE
- X24
r
Virrick- Gym/Merrill Stevens Charrette
Goals and. Objectives for the Site
A majority
of the audience agreed on the following general comments;
other team
comments apply to individual structures:
1.
Make the conclusions of this .charrette the foundation for all
future requests for proposals for., the site.
2.
Use available FEMA . or insurance funds immediately to prevent'
further damage to the structures.
3.
Preserve all structures; no demolition of historic structures.
4.
Area should be reserved. for the marine community and water -
dependent uses.
5.;
No hotels or residential units; no high-intensity "Bayside -type"
tourist . facility or more theaters which would contribute to
traffic and congestion problems -
6.
Revenues collected from the site should be reinvested there
and not returned to the General Fund
7.
Emphasis on youth recreation, particularly marine -related
recreation.
8.
If adequate parking for resulting uses cannot be provided
onsite as surface parking, -investigate the possibility of a tram
or shuttle to accessory parking at the Coconut Grove
Exhibition Center or elsewhere.
9.
Preserve the existing views of the - bay.
10.
Preserve the existing mangroves.
11.
Landscaping should prevail continuously along South Bayshore
Drive; a marine -oriented feature should be incorporated into
the landscaping design.
Other Team
Comments:
Virrick Gym:
1.
Preserve the Virrick Gym as a multi -use community center,
which ' might include a water sports training center and sailing
educational center by retaining or expanding the Shake -a -Leg
32.
facility, possibly in conjunction with the U.S. Olympic Training
Center. y ",
��
¢3
19
2. Some indoor recreational facility such as a basketball court
and/or boxing gym should be retained for indoor activity
during inclement weather.
Hangar:
1. Preserve the boatyard as a full-seruice boatyard including
fueling, lift, drydock and storage facilities; if possible restore
the marina to accommodate vessels up to fifty feet .in length;
both motor and sail.
2. Investigate the possibility of an offshore fueling station.
3. Rebuild the adjacent seawall.
4. Boatyard should be privately managed by a company with the
expertise and resources to handle such an operation, not by
the City of Miami.
5. The boatyard should accommodate as many boat slips as
permissible to meet the existing need, make Dinner Key a
facility at least equivalent to the Miami River's boatyard (the
only other functioning boatyard in the area), and make use of
an existing under-utilized. facility in an advantageous location.
Machine Shop:
1. Preserve the building as a possible Pan Am and Coast Guard
aviation/marine museum with retail components including
marine accessories and other shops, a Coconut Grove historic
market and/or farmers' market.
2. Do not locate commercial enterprises which would compete
with existing business; retail should be complementary to the
primary use of the property as a boatyard,.
Parking Area at Yrrick:
1. Landscape the area for a park and a continuous lighted
baywalk with lighted, low -intensity recreational facilities.
2. Any parking should be landscaped surface parking which is
monitored for security.
Area between South Bayshore and hangars:
1. Area should be retained as landscaped surface parking.
2. Any other use for the area should include lighted, low -
intensity recreational facilities such as basketball or volley
ball courts.
20 ,. _ j2 33
34
"A- 7u
ATTACHMENT B
EXISTING
LAND USE, ZONING, AERIALS
AND SITE LOCATION
0 ��4
37
V MEDIUM
DENSITY
�i
I �A
DUPLEX
RESIDENTIAL
FAMILY
RESIDENTIAL
Q �
P
OFFICE `
.`
10
OFFICE °
RECREATION
MAJOR i
PUBLIC
FACILI
MEDIUM
DENSITY P, OFFICE
MULTI \
FAMILY
WC3
dc
1� \
MEDIUM m RECREATION •• r \
\' DENSITY
MULTI
FAMILY
RECREATION \
i II
.�� 39
60 324 I ��
CONSERVATION \�
CE�E� I
S 47
FAR
u
NIMM:
� P R
•
a TERMINAL BUILDING(MIAMI CITY HALL)
B. HANGAR (GROVE KEY MARINA) -..
C. HANGAR (GROVE KEY MARNW
D. HANGAR (MERRIL STEVENS DRY DOCK COJ
.E. MACHINE SHOP (MERRIL STEVENS DRY DOCK COJ
F. CHART HOUSE RESTAURANT
G. SOOT rS LANDING
H. Lm OOAST aARD HANGAR(EUZABETH VEitRICK GYM)
_Q:' .STUDY AREA e
i i i V
lu
N
\VX
t)
A
4
G F
VIRR(CK. GYM
.AT DINNER
KEY STUDY
0
ATTACHMENT C
CORRESPONDANCE
0
GO 324
47
flip I FORIC•.1L
».;()C'L%F10'% t)F
,c)l THFRN F'LORIO.%
Chairman of the Board
George R. Harps
First Vice Chairperson
Ronni W. Bermont
Second Vice Chairperson
John C. Harrison, Jr.
Secretary
Fernando Garcia-Qucon
Treasurer
Robert B. Battle
Past Chairperson
Raul L. Rodriguez
Trustees
Wavman Adkins
Harris R. Anthony
Teo A. Babtm, Jr.
Anthony Barthelemy, Ph.D.
Francisco Blanco
Stuart Block
Miguel A. Bretos, Ph.D.
February 8,,1994
Mr. Cesar Odio, City Manager
City,of Miami
City hall
3500 Pan American Drive
Coconut Grove, Florida 33133
Dear Mr. Odi'o :
Following.the public charette sponsored by the City of
Miami planning.department on January 22, the museum
received several calls from individuals who had
participated. It was reported to the museum that many
of the 7 independent groups who participated believed
the interpretition•of the historic significance of the
site/area should be part of any future use. The word
museum, I understand, was used over and over.
IgnacioCar:Qa-Justiz
Please accept. this correspondence as a letter expressing
Marianne Devine
Steven Goldberg
our interest -in pursuing discussion with the City of
Matthew B.Goraon
Miami concerning the feasibility of a historic museum.
Priscilla M.Greenfield
We believe the site and area are rich in interpretative
Jorge A. Gross
David Harper
R.ossibili`ties including, but not limited. to, the
g. period
william Ho
prior to and ' including World War I, the developments of
Thornton Hoelle
the - Pan Am Base and its significance in regard to
Keith Jennings
Susan Johnson
international travel, operations during World War I I .
Mary Lesko
.including the Miami Shipyard testing facility at the
Michael Lewis
current Monty Trainer site, Coast Guard aviation
MaryLvrm .MonatMUT
Lvnn A. Monast
activities culminating in the important air/Sea rescue
g p
Charles P. Munroe
work, the maritime history role of the waterfront, and
Anna Price. Ph.D.
many other fascinating stories of Coconut Grove's past.
Jarucrvor
,MiCh lB.Smi
ytichael B. Smith
We hold significant image and artifactual materials ''thac
Alicia M.Tremols
we believe -would be important to developing such a
Lourdes Videdo
museum. In'addition, we are ranked by the Florida
Judv Wiggins
Fric Williams
Department of State as the number 1 museum of all large
art, history, natural history, science and children's
President
Rand' F. Nimnrcht
Rand
institutions in the -state;, that is important because' it
gives us the credibility and,the contacts to attract
Museum Director
additional historic , artifacts and collections that would
J.AndrewSr=
be used in such an interpretation. Furthermore, as a
The Historical Museum -non-profit corporation, we,have an excellent track
Metro -Dade record in working with the local government (Metro -Dade
101 West.Flassier Street
Miami. Flortaa33130-1538, County) in a contractual relationship.
FAX 303) 37T a p I � F ��
FAX (305) 375-1609 ' V j 2 `#
Accsedlled by rhe
I would appreciate your including this letter of
interest as an addendum to the report that will be
published regarding the aforementioned charette, and
would appreciate your designating individuals on your
staff with whom we might discuss such an undertaking in
order to better understand any parameters that will be
important to the City of Miami.
Respectfully,
i
Randy F. Nimnicht
President
RFN/ f gb
CC: WILLY GORT
ARVA PARRS
SERGIO RODRIGUEZ
50
ATTACHMENT D
CHARRETTE ATTENDANCE
60- 924 ZZU 51
VIRRICK GYM CHARRETTE
ATTENDANCE SHEET
JANUARY 22, 1994
(Please Print)
NAME MAILING ADDRESS
---------------- PHONE FAX (IF ANY)
DqmeZ..dS.
6-ol-IS-o-m A6:Z 2.17S -Al. 4/
.�B-iSis2
27.S8it/G�1 2 f' x'79-GnBG,rg.-��i
SZ
•& ?336 �' ¢w • --6373
J ir.. (Jc..a �p tfaa•.c 3 �a Y S �i ��P.� t,•c , 519- /GS?
A�� -vad- ,33 /,x PC -if, —4 z a Z a
� ecawl6�• GiGOdE
` o got,/Q)Noao,od 3 /y!
SErm SK2� 3oX 33ao�Z ��-G•bv�33�y1 Ze'Z �fY7 3
�
'Ames CS u
4900 N. aCr4,Al Z Lvb 3GS��a -9s6o
4T / a1
L✓� q/� `3s2s �.y c"27
'el
• WfaAue Oer-- 7801 girt{. Axe -*103 fS'6.5-073
r,
/ 1
�`�k'�•��1 �►,�cr-•��� Ale
37.0 ok Rb 33133 449 - ovl6
/G r? 0n� �'Sf ¢7 3 1
° / /�/�i/ 3 3/��0 /7 71. 477
sso 13; d ry-7 o re way- ?/J ff Ft-- -3 3 13 �
!G1.w hrl.Vgqa►
Ell. 30To (3;.jc,yN< (31��1.k3o0 lti:c��•.;/ ,=t.. �3��0�=03L�
7 U� 1 n `� 3� C7�y-
C ,,,AA/� �.1,~t 3 313 3 Sola
=ghat D&V%yV c l, C t a t .i-e►�,,.- , 300 Ik UAAa 0, 12'W. WUD *40'0
101 V; e \ zJ-oGO Coc nd-6' ?' 33133 0155- 71S,
PI -11-11,b C6 L z— 32-9& wi q7-1LcPA S'T Cdco1/ur,67&vE .7.3/-73
owe. g. -Wille
o � '73z3 s?�F 4�0
5 /1" MukmaG- Pa3 t9 b CZss9 S• 8'Se 63 ? 6'
�,i q-ev Q4 Meda. (� 0 1�, - -C . s r�:� S!O 2007
�3K-rr y A�Xy,vOz 41116 b006�L -,s PZA,-6
`7
�i✓` % l fir/ z�i�-� 269D ��9 A%A,-
QRFF-,7 LJACF- 5 7TI�c 7-Z 5- MIaMr FL 3.3iS'-sil't Zai -7
T��e C 2);,qz.
AaA
�o qz.6 (ri )�al <.('S
,e. 33 -SaJ Z Ae .SS;re -94'0�• �, FI 3313o 372 -al
Coca 64�a- pi :331:53
3 G h 1 S /f(t A. �- G�?
/d -n A04a4iLq'1
,5 40 S
:ten aye
l// f
��-n r s' G . r`, -r �i�ASi �f.-r o� �l 0 S • `� . 3 �`� ��
�a
�Dyf.�.dNry � 3�dZ
3' 3'5,
3
313 >
o- 324
s'24 - 1-131 �
�d� -ooq
Z�S� 66 i s;
Ye
�Z 1431
e<<kev. r -IN 14 PO
910 3/ 610
v Aj CAA' �-T `h� N E{2,cAt `pQ . ' ZSR " S3 0 C
0o P�
kV(.) CP)Alto-,4
c�}�
3
C - 13.",Z)m�,
lV on n
ScrT aTr�v2 �. �Ee�G•
J ►�y /amu rz Z
{ 1i✓f��0 �/Z,���o �l
Pet ,r J� L4 ---VI AJ
Vts,�
y.b—(ozt�
&618 -y9 8j�>
cs C,-. 7- 61
9 ° 1->t
Uc0 �,�ft. � �k� �r�ue 33 33 5"6 57
kib on �c
:—.moo �! �-•�L � �� ("'��-P
`cd
rny��d
►,e�'4u� • � � �cP�zc7C ��
Tell -s
cc
HC.)f2
.'0.`010rnat��.e�
tov
066 6 ]O-- 0c> p /
c 66`2- Z66 7
pMn
ol
Pg&.
(� 6 4 lz5 i
Ps -e _ c 4<< o
S�5EYQa 1
goq6 .
air. Wi) lta�m �c�v' �ayeS �+�� .�r�- -7eo� SAI. 1 32 CCU( -t -(w) ��l - r s i
M�arni ,eta. �i8�
mu4�amm� Al( `� Rite. Kaigs --hr �mt�-t�
�� �• �Y11 N�ge(s
Ytia,AA,�. 331J1
��fl JI��J`y�
56
324
7 y' /r 5/ ✓ �'
Y 7 C 7 7-71 gsd c
shior6o��
(is 2�:•f>� `141.x-7-/7
CIS
X3.3.3 4/4 lel
t q
44 > ;;,^/000l
7iS I eorO,v 4,0. A01 or. 6 / .2 2
YG MA
IAU 4.4e&rb
a LA. 0 A rZ 3 .wM LA 14V
7—A*
77 9 �
s e. -J rnm(C G 6
.
h 4 0:3 ! i/e k4 U.
G• �- o f.3 ,�,� 6 62 - 2 o"6 7
6dJt a�rlC-5 Z l CJ
,ice✓ % �o Geo
co,-Wooads 4.1!�
i�'1=11.5/� l l lGr .5f 6 9 Ala V. 44.k"i3 �L 6 1 S
58
-Elss4 Mga--
�- 324
•'S 7 2'-�r(oy0
0
•
ATTACHMENT E
CHARRETTE TEAM NOTES
3249
•
TEAM 1
John Brennan, Team Captain
•
a DIFOO 1-4:240 WA)
Virrick Gym
- do not demolish Virrick Gym
- Virrick could house community groups, school for boat repair,
sailing &/or Shake -a -leg. Should not have -City -offices
- Inside Virrick there could be a marine museum and Pan Am
museum either together or separate
- recommend moving public boat ramp and putting in docks
- the space in front of the Boatyard and outside the fence
should be -parking for Virrick
Machine shop & large hangar
- Boatyard should be full service including fuel and lift
- redo seawall
- Utilize hangar space for display of boats for yacht brokerage
- group did not have time to address the.full interior of the
hangars
- recommend the Marine Trust run the boatyard and maybe Virrick
too
0- ai
TEAM 2
Mike Cannon, Team Captain
General Comments
- preserve all superstructures if structurally sound
- recommend City contact other cities with marinas and look at
the benefits and assets which complement redevelopment
- have marine oriented landscaping along S Bayshore
- provide lighted walkway along baywalk
- Do not want hotels or residential units (condo, apts)
Hotels should stay on other side of Bayshore Drive
Virrick. Gym
Recommended uses:
a) Shake -a -leg
b) museum (all types, maritime & aviation)
c) senior programs
d) youth programs including social clubs which could be
operated under the Parks Dept
e) office for Police Marine Patrol & US Customs
f) site could act as a police substation
Machine shop & large hangar
restore marina to accommodate vessels up to 501, both motor
& sail
full service, with assisted'& self service travel lift
boat repairs should take place in large hangar
there should be no large parking areas, instead create large
green areas
needed parking could be accommodated next to Convention
Center, low level parking structure
- provide tram service along Bayshore
- restore existing hangars, replace sheeting, recapture ambiance
- do not locate commercial enterprises which would compete with
existing business; provide complimentary uses such as an
expanded ships store, mini -supermarket
- boatyard should be privately managed by a financially
qualified team
- investigate possibility of providing off -shore fueling like
that done in Vancouver
- accommodate as many slips as possible; this could be phased
Thelma Altschuler
Bay should be visible to the extent possible
62
42 4
TEAM 3
Saridy,.Friedman, Team Captain
Virrick Gym
Virrick should stay and be improved
look at closing in the space between the annex and the hangar
by building a wall; this would increase space available and
allow expansion of existing programs
recommend youth programs; possibly hockey on skates'
integrate museum into Virrick'site'
museum could have a. plane both in front of Virrick & behind
it. The plane in the rear could be placed as if simulating
a plane ride. Maybe even go. inside & see a movie to make, you
feel like you were there. Museum should be changing in
orientation in order- to permit continued usage. Noted that
Pan Am Foundation wanted 3,000 s.f.
Look at building the annex portion of Virrick up to the height
of the gym
continue to use Virrick parking lot for parking
indicate crime i ' s a problem in the parking area; parking area
should be controlled but no meters
preserve mangroves
put basketball court inside gym
provide fenced in -racks in gym for use byShake-a-leg
Machine shop & large hangar
- provide open green areas in front of hangars
- the machine shop building could be used,for retail space
- retain structure of machine shop but change entrance to face
Virrick. Retail shops should be reasonably priced. EX.
Century City in San Francisco
- The large hangar would be a, first class boatyard facility
targeting short term storage. Dry dock storage would be
primarily for the purpose of repair
inte:-ior of hangar could store approx. 105 boats
exterior drydock can be used'for storage during hurricane
fix seawall
construct oaywalk-all the way from Virrick to drydock. facility
(if insurance permits such)
locate tables and chairs outside machine shop for picnic or
relaxing
look at locating a restaurant or bait/dock shop on the.
peninsula near Charthouse.
use footprint of marina and rebuild do ' ck immediately
team's drawing depicted parking in front of Grove Key; this
may already be controlled by,'Grove Key under their lease
324
TEAM 4
Bill Harrington, Team Captain
General Comments
- all buildings should be retained and restored with historical
elements
- revenue generated from these sites should be put back into
these sites and not to the general fund
- recommend Shake -a -leg continue
- recommend museum, amphibious aviation, include the Village of
Coconut Grove in museum
Virrick
use for educational, recreational and cultural elements
recognize parking and traffic problems
recommend a traffic plan be performed, possibly under DOSP
(Offstreet Parking)
Virrick parking lot should be green space and park
Machine shop & large hangar
- retain full service boatyard
- fuel dock is critical as part of boatyard
- boatyard should be primary revenue generator for entire site
TEAM 5
Richard Heisenbottle, Team Captain
General Comments
restore and maintain all structures
engineer on his team alleges buildings are built well and that
many of the repairs are cosmetic. The buildings are on large
matte foundation which provides stability
landscape everywhere; all around buildings
look at locating a tram stop at site
Virrick
permit Shake -a -leg to use all of
facility including training, maybe
- provide Shake -a -leg an opportunity
maintain public boat ramp
activities will generate need for
have dedicated parking
Virrick for a watersports
dorms
and restore the building
parking; each site should
Virrick lot should become supervised recreation area
Machine Shop
- recommend Aviation museum to be operated by the Pan Am
Historical Foundation
- look into loans from the Air and Space Museum, So Florida
Historical Museum, Pan An Archives, U of M
- maybe even restore aircraft on the site
- provided example of Train Museum near Metro Zoo
Large Hangar and most of waterfront area including waterfront area
behind machine shop
- provide fuel, 75 ton lift
- target boats 30-50' with the average being 40'
- offer professional services to compliment boatyard
- seek experienced operator
- full-service boatyard
- provide snack bar at boatyard
- provide managed on -grade parking in front of large hangar and
in area near Bayshore in front of Grove Key; -no meters
- new marina should have 100 or more slips; maintain and protect
mangroves
t
TEAM 6
John Riordan, Team Captain
General Comments
do not want additional commercial boutiques or theaters
restore all buildings'
Virrick Gym
- Shake -a -leg should continue
- day -time activities to be marine oriented
- night time activities could accommodate Grove community, Coast
Guard auxiliary, marine education programs
- part of Virrick parking lot running along old Aviation Ave
should be greened in order to separate activities at Monty's
vs. activities at Virrick
Large hangar
provide full service boatyard with fuel
to meet parking needs you could construct multi-level parking
structure 'in front of hangars; it should be landscaped so it
does not look like a parking'lot (similar to that proposed in
Dinner Rey Master Plan)
Machine Shop
- site for museum
TEAM 7
Lolly Vieth, Team Captain
Brian Bishop, Presenter
General Comments
- No Bayside type facility, no retail center due to traffic
concerns
- keep all buildings and restore them
- maintain area for marine community, water dependent.uses
- provide continuous baywalk
Virrick
- rebuild front part for Shake -a -leg and adopt their proposal
for expansion
- keep public boat ramp
- provide Pan Am, Coast Guard, Navy museum; paint a plane on
each hangar door
Large hangar
- provide full service boatyard and marina
- boatyard should have 100 or more wet slips, fuel, convenience
store, travel lift
- locate a marine type feature (ex. cannon, anchor) on the tip
of the waterfront near Charthouse
- want to see use of FEMA funds immediately to rebuild marina
- use insurance money for gym and hangars
Machine Shop
provide marine accessory shops
Virrick parking????
c�— J24
67
TEAM 8
Jim Wellington, Team Captain
Randy, co-presenter
.General Comments
restore all.properties
landscape•all along S Bayshore
provide continuous baywalk with picnic benches
Virrick
locate Police Marine Patrol, Customs,'sailing program, Parks
Dept Handicapped Div and women's defense program in annex
Machine shop
- put lighted basketball court in front of machine shop
- locate air and sea museum in machine shop, Shake-a-leg.
- put floating docks.behind hangar for the.handicapped
- could locate boatyard admin offices in machine 'shop
keep existing parking lots in.front of hangars
Large hangar
should have marine store,'machine shop
like the loft and how . it overlooks the rest of the hangar;
could accommodate canvas shop
need travel lift and rack storage
- provide showers, lockers, etc for liveaboards.
McKenzie oerting of this group also suggested skylights in the
hangars, keep hangar doors open in order to permit view to the bay
TEAM 9
Mike Zidziunas, Team Captain
Virrick
provide joint sailing -and youth education center
locate both Shake -a -leg & US Olympic Training Center in
building
expand sailing programs
Machine Shop
site for Grove Historic Market; include Pan Am, Grove Historic
groups, kiosks, public access
maybe permit historic activities such as Farmer's Market as
possible revenue generator
Large hangar
full service boatyard; suggest incremental RFPs and recommend
it begin immediately
suggest RFP include requirement that successful proposer
provide youth training in marine industry (trade education)
add fuel dock with fuel access on one side and dockage for
charter boats on the other
General Comments
Green everything remaining and add tennis &/or basketball
courts provide dedicated parking for users of the site
provide continuous baywalk along water
important to develop youth programs in order to help fight
crime
. j24 � 2
70 69
Submitted into t1*P;:,':'1ic
record in
S
item tZ - ( 3 �l 3
COCOANUT GROVE VILLAGE CSN
A RESOLUTION OF THE COCOANUT GROVE VILLAGE COUNCIL,
SPECIFICALLY ADOPTING AND RECOMMENDING IMPLEMENTATION
OF THE FINDINGS OF THE DINNER KEY VERRICK GYM CHARRETTE
AS SET FORTH IN THE CITY OF MIAMI PLANNING, BUILDING,
AND ZONING DEPARTMENT STUDY.
WHEREAS, the Cocoanut
elected body the residents of
advisory capacity to the City
Grove issues; and
Grove Village Council is the
Cocoanut Grove and acts in an
of Miami Commission on Cocoanut
WHEREAS, on January 22,.1994 an all -day city sponsored
Charrette was conducted on the adaptive reuse of the Verrick
Gym and immediate surrounding area; and
WHEREAS, the Charrette was publicly noticed and attended
by a broad spectrum of residents and business owners from
throughout the City of Miami including members of the Cocoanut
Grove Village Council; and
WHEREAS, public meetings on February 15, 1994; before
the Water front Board; before the Heritage Conservation Board
on March 16, 1994 and the Planning Advisory Board on March 16,
1994, all resulted in recommendations to the City Commission
to approve the broad based Charrette recommendations; and
WHEREAS, the Cocoanut Grove Village Council has voted
unanimously to urge the City Commission to approve the City of
Miami: Planning, Building and Zoning Department Study and to
direct the administration to adopt and implement its goals and
objectives,
NOW, THEREFORE, BE IT RESOLVES BY THE COCOANUT GROVE
VILLAGE COUNCIL THAT:
SECTION 1. The Cocoanut Grove Village Council hereby
recommends to the City of Miami: Commission to adopt the
findings contained within the City of Miami; Planning
Buildingr and Zoning Department Study with specific attention
to.
A. Results of the Charette (on page 13 of the
study attached her to and made a part here of
as Exhibit "A")
B. The Plan (on pages 14-16 of the study,
attached here to and made apart here of as
Exhibit "B")
0—
04-z
C. The Next Steps (on page 17 of the study,
attached here to and made apart here of as
Exhibit 11 C.,, )
D. Goals and Objectives (on pages 19 and 20
of the study attached here to and made a part.`
here of as Exhibit "D")
SECTION 2. the Cocoanut. Grove Village Council recommends'
that the City of Miami Commission.aut-horize' the" City Manager
to advertise for professional services of qualified Marine,
Architectural, Engineering and Environmental Planning firms to
delineate and design, the renovation and development concept
consistent with. the recommendations from the participants in
the Charrette as summarized in the City of Miami Planning,
Building and Zoning Department Study.
SECTION 3. The'Cocoanut'Grove Village Council recommends.
that the City Commission direct that the design concept should
be developedprior to the City Managers preparation of an RFP
(request for proposals) in order to avoid a skewed or single
developer:. design` concept that may not necessarily be
consistent with.the results'of. the Charrette.
PASSED, AND ADOPTED this March 221 1994 by Cocoanut Grove
Village Council, Inc. by
ATTEST:
NEIL SHIVES, SECRETARY
ELECTED:COUNCIL MEMBERS
MICHAEL CANNON
DAVID GELL
ROBERT GILMORE -
MICHAEL GOLDSTEIN Submitted in.o the public
LEE MARKS
JOYCE NELSON
LYN PARKS' Iecord In conzeo}Ion with
MELANIE THOMAS eI11 Z L '�j 'JI
CARL PRIME itern or!
JIHAD RASHID
NEIL SHIVER
TED STAHL_`'"ilrIFQl
KEN TOBIN C1 F ^' 1 e.
LAURA VIETH
DENISE WALLACE
HOWARD WEISBERG
uO j24
0
PLANNING FACT SHEET 0 PZn 13
APPLICANT City of Miami Planning, Building & Zoning Department.
APPLICATION DATE February 14, 1994
REQUEST/LOCATION Consideration of recommending approval, in principal, of the Virrick Gym at Dinner
Key Study (March, 1994) which proposes reuse of the Virrick Gym, and the adjacent
hangars, formerly known as Merrill Stevens Dry Dock and the immediately surrounding
open space.
LEGAL DESCRIPTION
PETITION Consideration of recommending approval, in principle, of the Virrick Gym at Dinner
Key Study,.(March, 1994) which proposes reuse of the Virrick Gym, and the adjacent
hangars, formerly known as Merrill Stevens Dry Dock and the immediately surrounding
open space.
PLANNING Acceptance of study for presentation to City Commission.
RECOMMENDATION
BACKGROUND AND Pursuant to City Commission direction at its meeting of 10/14/93 (M-93-560), the
ANALYSIS Planning Dept. was instructed to conduct a planning study of the Virrick Gym and
the immediately surrounding area. The two FKA Merrill Stevens Drydocks were
subsequently included. Approvals are necessary from federal and state agencies due
to the historic designation of the hangars and deed restrictions on the Virrick Gym
site. Public input was sought: the City sponsored a meeting on December 21 and an
all -day publicly noticed charrette at the Coconut Grove Sailing Club on Jan. 22.
Nine teams ofinterested participants discussed the site, proposed solutions and
revised those proposals in an open forum. The conclusions of that charrette were
presented at a publicly noticed meeting on Feb. 15 at City Hall. Subsequently, the
study is to be presented to and approved in concept by the Waterfront Advisory
Board on March 8 and the Historic and Environmental Preservation Board on March 15.
The study recommends: (1)the adaptive reuse of Virrick Gym as a sailing center;
(2)the redevelopment of the marina; (3)the reuse of the two hangars (FKA Merrill
Stevens Drydock including a full-service boatyard and museum); and (4)planning for
the immediate vicinity bounded by Aviation Ave., S. Bayshore Dr., Pan American Dr.
and the Bay. The study also provides a summary of the charrette and a set of
conceptual guidelines for the City Commission and Administration regarding the
future development of the site.
PLANNING ADVISORY BOARD Approval with changes.
CITY COMMISSION
APPLICATION NUMBER 93-107
03/17/94 'U "" 3 Page 1
0 0
EXHIBIT "A"
Results of the Charrette
Pursuant to City Commission direction at its meeting of
October 14, 1993 (M-93-560), the Planning Department was,
instructed to conduct a planning study of the Virrick Gym and the
immediately surrounding area. Public input was sought in order
to receive necessary approvals from federal and., state agencies
due to historic designation of the hangars and deed restrictions
on Virrick Gym site.
The City sponsored an all -day publicly noticed charrette at
the Coconut Grove Sailing Club on January 22nd, 1994. The
conclusions of that charrette were presented at a publicly
noticed meeting on February 15th at City Hall. Subsequently, the
recommendations of the participants of the charrette are to be
presented to and approved in concept by the .Waterfront Advisory
Board on March 8th and the Historic and Environmental
Preservation Board on March 15th.
The charrette focused on; (1) the adaptive reuse of Virrick
Gym; (2) the potential redevelopment of the Virrick Gym site; (3)
the potential reuse of the two hangars (FKA Merrill Stevens
Boatyard); and (4) planning for the immediate vicinity bounded by
Aviation Avenue, South Bayshore Drive,.Pan American Drive and the
Bay.
Nine teams of interested participants discussed the site,
Proposed solutions and revised those proposals in an open forum.
Their conclusions, attached herewith as Attachment A, provide the
summary of that charrette and a. set of guidelines for .the City
Commission and City. Administration regarding the future
development of -the site.
Subsequently, during the meeting of February 15th at City
Hall, a proposal was put forward to utilize -the Virrick Gy
farmer's market; this_proposal was rejected by the audience.. as a
Subinitted into the public
record in c:-r^ecticn wit -
item P2.-12, on y q
City . perk
0 A
® Sub.m:��.ecl into the
EXHIBIT "B'. record :I2 C' %_ L'. ;: ,i 'x-ith
ite:u_� -11, _ S12,019
77
�.L.i@I3�
THE PLAN : Yr
A. The Virrick Gym would be retained and restored as a sailing
center, ideally as a facility shared by "Shake -A-Leg,, a
sailing program for the handicapped; the U.S. Olympic Sailing
Team and the City of Miami Parks Department sailing program.
Using recreational sailing as a common theme, a recreational
program for the general public is also visualized including
an exercise gym, health club and bike rentals. Shake -A -Leg
has a small sailboat dock, also. Parking is available for
handicapped and users.
The office annex, which is contiguous on the north side of
the Virrick Gym building proper is currently partially
occupied by City of Miami offices. If Shake -A -Leg were to be
allowed to follow through with their ambitious program for
reusing the office annex as sailing team barracks, then the
City 'offices (daycare, handicapped and cable) would have to
be relocated to an unidentified location. Alternatively,
during a long transition period, the use of the office annex
could be divided between Shake -A -Leg and the City.
B. The Hangar (formerly Merrill Stevens Drydock) would be
retained and reused as a full service boatyard capable of
servicing boats, over 28 feet in length. This facility would
be augmented by a repaired (or new) boat lift, and room for a
forklift to maneuver. Increasingly stringent environmental
regulations dictate that boat repair activity take place in a
controlled (indoor) environment so that the outside apron is
to be used by boats to be repaired or dry boat storage (28' +
in length).' Sufficient parking on the north side of the
building would be available for workers, clients and marina
users.
C. The
proposed as a Pan American Airways Coast Guard/Air/Marine
Historical Museum ('see letter of interest in Appendix C from
the Historical Museum). This proposal should not be reviewed
in isolation but rather in the contextof Coconut Grove's
other historic attractions such as the Barnacle, and City
Hall and thei Virrick Gym at Dinner Key. Visitor parking
would be available to the north of the building. ,
is
Alternatively, if the Historical Museum proposal ultimately
is not found to be acceptable to the City, this building
would -be included in the Request for Proposals for the full
service boatyard (see below).
D. The Marina has Previously been included with the full service
boatyard. However, it seems that the marina could be
Submitted
reco.d in c: _ �c.:.__ 4,•xi_Z
item P.7 - 13 o -i 1)X+ (q 4
R ..._ L-;
operated separately if a dedicategl�ra fA� area.: for, users
..were located on the bay side of the machine shop - or in part
of the open apron. The marina would.•include'sixty=one -(61)
grandfathered slips; and perhaps 25 "to 40 more new slips
(which would, have to be approved by Metro Dade county). Also
included is a dockmaster's,office; on' -dock fuel facility
(with onshore fuel storage tanks) and 'a marine art -in -public -
places feature.
The 'fuel facility is located to provide �'maneuverability.for
large boasts;.' -the' continued use of the water area to the
southeast' as a "free" anchorage may, interfere with this
desired maneuverability of larger boats destined for the
fuel facility or, the boat lift.
E. The Boat Launching Ramps need., to be, renovated to ,facilitate
launching (and retrieving.) boats. -A 'vehicle -and -trailer
parking area, for storage while 'a boat is -'in use, is located
- south of the Virrick'Gym.
F.'. The -Sailing Dock.is currently, -operated by Shake-A-teg as part
of their concession: The'potential to expand the; number of
,slips .here is hampered by the need' to provide an ample
maneuvering area for the sailboats., However, the potential
of expanding sailboat,,slips should continue to.be explored.
G. A' Baywalk with pedestrian amenities' is, included, where
appropriate. It is'.recognized .'that mangroves on the shore
south of the parking area must be'preserved,.
H. A'New Green Space is located along the eastern edge of the
parking area to provide a "see through" and separation. A
hard court area is included.
I. The Parking Area has been reconfigured.. A meter, decal or
other form of- parking validation should be. consideredto
assure that use of. the parking area. is for. patrons . of Dinner
Key and not. visitors and workers destined for office
buildings on' the north side ''of South Bayshore,' Drive.
Attention also needs to be given,to security needs of the
parking area and the vehicle -and -trailer storage, area.
J. The South Bayshore Drive Pedestrian -and -Bicycle Path is
retained- Landscaping in 'the form of an overhead canopy, is,
suggested by adding, a parallel row of royal `,poinc-ianas,with
adequate spacing to allow for future °growth. No understory
landscaping is ,*proposed, for -safety and. security reasons.
Also to be' incorporated. is a stop. for tram or shuttle service
to accessory parking at the Coconut 'Grove Exhibition Center
or village. center, should this service ever, be -implemented.
K.4 The .triangular Open, Space should only be. altered by adding
-',turf-block or similar "open cell -paving that would allow the
use of .green ground, cover while still providing for overflow
,� Ou- 324 ��
•
parking at -.the Coconut Grove Exhibition center. Preservation
of this green space calls into question continued use of this
area by workers and. patrons of establishments on the north
side of South Bayshore Drive.
subinifte`_ 12_t' :�?F? i :•':C
ai
record in co: lleciio_Z
item PZ - 130713'
City Clerk
- 324 -
•
EXHIBIT "C"
THE NEXT STEPS
The City should: •
•
1. Forward this study to the appropriate federal and state
agencies for,review.
.2. Immediately authorize sufficient repairs to the Virrick Gym
to enclose it and protect it from the elements.
3. Prepare a Request for Proposals (RFP) for the Virrick Gym and
Machine Shop, including boat launching ramp and sailing dock,
to enable public interest non-profit groups to present
proposals utilizing the recently enacted 'charter amendment.
4. Prepare a Request for Proposals for a full service boatyard
utilizing the large hanger and marina. As •a part of this
RFP, an additional optional proposal could be considered, for
the machine shop, as part of'a full-service boatyard.
5. Seek a coastal management or open space .grant to address the
baywalk segment, preservation ' of mangroves, and the
installation of the green space and hard court.
Submitted. Ir] to t' -',Le pu'O is
record in mrit
item 4
_ ..._Qi
C ILTY Clelnk
324
V rJa
7 T
Virrick Gym/Merrill Stevens Charrette
Goals and Objectives for the Site
A mgiority of the audience agreed on the following general comments;
other team comments apply to individual structures:
1. Make the conclusions of this charrette the foundation for all
future requests for proposals for the site.
2. Use available FEMA or insurance funds immediately to prevent
further damage to the structures.
3. Preserve all structures, no demolition of historic -structures.
4. Area should be reserved for the marine community and water-
dependent,.uses....._; ..... .
5. No hotels or residential units; no high-intensity. "Bayside -type"
tourist facility or more theaters which would contribute to
traffic and congestion problems.
6. Revenues collected from the site should be reinvested there
and not returned to the General Fund.
7. Emphasis on youth recreation, particularly marine -related
recreation.
8. If adequate parking for resulting uses cannot be provided
onsite as surface parking, investigate the possibility of a tram
or shuttle to accessory parking at the Coconut Grove
Exhibition Center or elsewhere.
9. Preserve the existing views of the bay.
10.. Preserve the existing mangroves.
11. Landscaping should prevail continuously along South Bayshore
Drive; a marine -oriented feature should be .incorporated into
the landscaping design.
Other Team Comments:
Virrick Gym:
1. Preserve the Virrick Gym as a multi -use community center
which might include a water sports training center and sailing
educational center by retaining or expanding the Shake -a -Leg
facility, possibly in conjunction with the U.S.
Center. .Olympic Training
�i.
Sub,,L;LA.
record in cc... vy
item P 2 - 13 on
2. Some indoor recreational Cii._T raerk
facility suh as a -basketball court
and/or boxing gym should . be retained for indoor activity
during inclement weather.
Hangar:
1. Preserve the boatyard. as a:: w full-service boatyard including
fueling, lift, drydock ani,: storage • facilities; if possible restore
the marina .to accommodate vessels up to ;fifty feet in length,
both motor and sail.
2. Investigate the possibility hof an offshore fueling station.
3.
Rebuild, the adjacent seawall.
4. Boatyard should • be privately managed by a company with the
expertise and resources 4o handle such an operation, not by
the City of Miami.
5. The boatyard "should accommodate as many boat slips as
permissible to meet the existing need, make Dinner Key a
facility, at least equivalent to : the Miami River's boatyard (the
only other functioning boatyard in the area), .and make use of
an existing under-utilized facility in an advantageous location.
Machine Shop:
1: Preserve the 'building as a possible Pan 'Am and Coast Guard
aviation_ /marine' - ' museum with retail components including
marine accessories and other shops, a Coconut Grove .historic
market and/or farmers' market. .
2: Do not ,locate . commercial enterprises which would compete
with existing, business retail 'should be complementary to the
primary use of the property as a boatyard.
Parking Area at Virrick:
1. Landscape the area for a park and a continuous •lighted
baywalk with lighted, low -intensity recreational facilities.
2. Any parking should ° be landscaped surface, parking which is
monitored for security.
Area between South. Bayshore and hangars:
1. Area should be retained as landscaped surface parking.
2. Any other use for the area should'
include lighted, low -
intensity recreational ° facilities such as basketball or volley
ball courts.
20�`
EXHIBIT "D"
ATTACHMENT A
VIRRICR GYM'CHARRETTE
GOALS AND OBJECTIVES FOR THE SITE
Submitted into the public
record in conn- oc� cn with
item P2 -13 on 3 IyN 144
7�. Tz
Ci L -ierk
GO- 324
VIRRICK GYM AT DINNER KEY STUDY
-Submit® hitt . .`.Q �.�✓a1C
record in cow .r eO.icn with
itemP?�(3 on 3 '
Matty Hirai
City Clerk
C7
0
Cocoanut Grove Village Council
VIA HAND DELIVERY
TO: Honorable Stephen Clark
Mayor, City of Miami
3500 Pan American Drive
Miami, FI.. 33133
CC: All City Commissioners
Dear Mayor Clark,
Enclosed is a resolution passed by the Cocoanut Grove Village Council regarding
the Virrick Gym. Charrette. We look forward to your favorable consideration of our
recommendations.
Sincerelv.
Michael Y. Can
Treasurer
cc: Howard Weisberg, Chairman
Submitted i tnto h P". l is
i..-iil
GO- 324
1
J-94-951
10/27/94
.A - ; 09
RESOLUTION NO. fto
A RESOLUTION, WITH ATTACHMENT(S), APPROVING
AND ACCEPTING THE CITY MANAGER'S
RECOMMENDATION, ATTACHED HERETO AS
"ATTACHMENT 1" AND MADE A PART HEREOF, FOR A
COMPREHENSIVE RESTORATION' PROGRAM OF THE
DINNER KEY AREA, MORE SPECIFICALLY, FOR THE
(1) RENOVATION OF THE VIRRICK GYM SITE FOR
COMMUNITY RECREATION AND POSSIBLE
INTERPRETIVE HISTORIC PROGRAMS; AND (2)
ADAPTIVE REUSE OF THE DINNER KEY BOAT
YARD/MERRILL STEVENS.PROPERTY UNDER A UNIFIED
DEVELOPMENT PROCESS ("UDP") FOR THE USE(S)
STIPULATED IN SAID RECOMMENDATION;
AUTHORIZING THE CITY MANAGER TO COMMENCE
IMPLEMENTATION OF SAID RESTORATION PROGRAM IN
ACCORDANCE WITH ALL APPLICABLE CITY CHARTER
AND CODE PROVISIONS; PROVIDING FOR THE
APPOINTMENT BY MEMBERS OF THE CITY COMMISSION
OF A CITIZENS' ADVISORY COMMITTEE COMPOSED OF
INDIVIDUALS FROM THE COCONUT GROVE COMMUNITY
TO PARTICIPATE IN THE DRAFTING OF THE REQUEST
FOR PROPOSALS FOR THE UDP.
WHEREAS, several City -owned properties in the Dinner Key
area of Coconut Grove suffered severe damage as a result of
Hurricane Andrew, in particular: the Virrick Gym, boat ramp and
office annex, which together comprise the former Coast Guard Air
Station, and the two (2) hangars, adjacent docks and piers which
comprise the Dinner Key Boat Yard, formerly known as the Merrill
Stevens Dry Dock; and
WHEREAS, after a lengthy process of community planning and
professional study, the City Manager has identified and presented
to the City Commission on this date, a comprehensive program of
restoration for said properties; and
CITY CO712USSION
BTEETTXG or
rrr 7 1994
Resolution No,
WHEREAS,. it is the intention of the City of Miami to
identify specific funding in an amount not to exceed $4;500,000
to be used for the restoration of these properties;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA
Section 1. The recitals and findings contained in the
Preamble to .:this Resolution are hereby adopted by reference
thereto and incorporated herein. as if fully, set forth in this
Section.
Section 2,.' The City Manager's recommendation, attached
hereto as. "Attachment 1 " and made a'.. part hereof, is hereby
approved and accepted for 'a' Comprehensive' Restoration Program of
the Dinner Key Area, more specifically,. for' -the (1) renovation.of
the Virrick Gym Site for Community'' recreation" and. possible
interpretive historic programs; and (2) adaptive, reuse of the
Dinner Key, Boat Yard/Merrill`Stevens Property under a Unified
Development Process ("UDP"') for the use(s) stipulated. in said
Recommendation.
Section 3. -The City Manager is hereby authorized to
commence implementation'of said Restoration Program in accordance
with all applicable City Charter and Code provisions.
Section 4._ The following individuals from the Coconut
Grove, community are hereby appointed 'to a Citizens' Advisory
Committee to participate in the drafting of the Request for
Proposals for'the ADP:1/
Said .appointments shall be submitted in writing to the.City
Clerk.
-2-
e `it
Lynn B. Lewis
•
NOMINATED BY:
Mayor Stephen P. Clark
Vioe-Mayor Miller J. Dawkins
Commissioner Victor H. De Yurre
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th day of October 1994.
EPHEN P. CLARIt, MAYOR
ATTE
MATT HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JUL O. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QII NN JO S, III
CITY ATT7EY
DJ:BSS:M4748
-3-
TO : Honorable Mayor and Members
of the City Commission.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 49
DATE : OCT 14 1994 FILE :
SUEUECT : Discussion Item
for October 27, 1994
FROM : Ce
Commission Meeting
Ci er REFERENCES:
ENCLOSURES:
The Department of Development respectfully requests that the Virrick Gym and Dinner Key
Waterfront Improvement Study, as prepared by City of Miami Development Staff and MRA
International, for the purpose of generating proposals for improvements to public waterfront properties in
the vicinity of Virrick Gym and Pan American Drive, be included in the October 27, 1994 City
Commission Agenda as a Discussion Item.
These proposals are implementation recommendations resulting from the Dinner Key Charrette Studies,
the Dinner Key Improvement Plan as prepared by City Staff and MRA International, the Planning
Department Citizen Workshops and the City Managers Advisory Committee meetings.
Dinner Ke* Request for Proposals for Adaptive Reuse of
Hangars C and D
The City, will solicit a proposal or proposals for the adaptive reuse of either or both
Hangars C and D and adjacent apron and, open space.
Any qualified response must include the following' provisions:
• Hangar C (the large hangar) must be preserved and rehabilitated under any
proposal
• acceptable adaptive reuses must include:
a proposal for the financing, construction and management of a full service
boatyard including:
storage
commissioning
brokerage
repair, and maintenance
provisions for public boat repair,'launching and hauling and
maintenance.
• additional acceptable reuses in addition to a full service boatyard facility may
include:
public market (no sit down restaurant or liquor sales allowed)
marine related retail sales
maritime or marine related office space .
historic interpretative facility
t:
�- 32
0
any other use permitted by the PR District of the Miami Zoning
Code, specifically excepting:
hotel -
restaurant/bar
live entertainment
movie theatre
• proposals may provide that Hangar D (the small hangar) may be:
restored
incorporated into any reuse proposal
replaced
demolished
provided that, as set forth above, the large hangar is preserved
• any proposal must address:
parking
public amenities
public access to Biscayne Bay
public recreational facilities (such as Baywalk, cycling path etc.)
City Assistance
The City of Miami may offer the following inducements or forms of assistance to make
the proposed reuse of the facilities commercially feasible:
up to 52 wet slips to be reconstructed by the City will be incorporated into
the boatyard operation
2 - 324
•
up to an additional 80 slips may be constructed by the City, and, if so
constructed, will be included in the boatyard operation
the City will construct a fuel dock, including pipelines, storage facility and
fuel pumps which will be included in the operation of the boatyard
the City will reconstruct the seawall ,
the City will assist in obtaining low interest loans, on behalf of the
selected developer, for boatyard improvements
the City will assist in obtaining available Federal and State historic
rehabilitation credits, grants and other funds, and such other Federal and
State funds as may be available for the renovation and rehabilitation of
Hangars C and D
the City will commit up to $100,000 to Bayshore Drive and Pan American
Drive beautification
the term of any lease will be negotiated based upon the economics of the
accepted proposal
RFP TERMS AND CONDITIONS
• Fair market rental rates for uses as boatyard, public market, marine related retail,
marine and maritime related office space, and any combination of those uses will
be established by the City
• Any acceptable alternative adaptive reuse will require an appraisal to establish fair
market rental value aft-ra the proposal is received
• In ranking proposals, total economic return to the City will be an important factor,
but will not be dispositive. A sensitive reuse program that responds to concerns of
the Coconut Grove community may be ranked higher than one with a more
positive economic return to the City
• Proposals which include an adaptive reuse proposal for both hangars may receive
a scoring bonus of up to 25 points
• Proposals which include an adaptive reuse which incorporates a significant
historic interpretative and exhibit component may receive a scoring bonus of up to
15 points
3li+
0
•
• Partnerships among component developers will be encouraged. A list of parties
requesting bid packages will be furnished to each participant
`r
4
GU- 324
VUUUCK GYM SITE
The Virrick Gym Site will not be included in the RFP.
Virrick Gym will be reserved and renovated for:
• Shake -A -Leg
• City of Miami public sailing programs and other City sponsored recreational
programs
• Community Recreational Center
• multi -sport aquatic center, if feasible (windsurfing, kayaking, scuba diving, with
lessons and equipment rental)
• annexes attached to the base building structure will be demolished to enhance
open and green space on the site
• any shared use program for the building will address the potential for use of the
building to incorporate interpretative exhibit space related to the history of
Dinner Key as a marine aviation center (i.e. museum, interactive exhibit space
etc.) provided that such use is compatible with the history of the building as well
as compatible with the use of the building for the other purposes set forth in this
section
• Any net revenues from activities will be used for operating and capital costs of
Virrick Gym
ATTACHMENT 1
5�` 324
Advantages to this approach:
This approach provides the following advantages to the Coconut Grove community
• it provides for a full service marina and boatyard facility at Dinner Key
• it does not involve development of high intensity tourist or entertainment oriented
attractions that would increase congestion and traffic concerns in the area
• it provides for development of other community -oriented amenities at Dinner Key
• it provides for preservation of as many historic buildings as is economically
feasible given constraints on the City's ability to subsidize uneconomic uses at the
site
it preserves Virrick Gym as a community recreation center
• it provides a facility for interpretation of the entire history of Dinner Key as the
birthplace of marine aviation
This approach provides the following advantages to the City:
• it does not require City subsidization of any facilities at the site
• it preserves the long term opportunity of creating a Dinner Key Historic District
that will be self-sustaining and further a City wide strategy of leveraging its
waterfront assets in an integrated manner
• it produces a reasonable economic return from the existing assets
• it recognizes and responds to articulated community concerns about the
development of the site
• it leverages existing assets to attract private investment at Dinner Key
6 UU- 02
- 4-4 1-1:40 �IADE HERITAGE TRUST • J.v, v _:11a_
VaUt 1190 Sauttteast 12* Terrace
Kes4tS Mian,►, Florida 33131
�C . Phone: 305 / 358-9572.
`1::. ;:liTabeth Lilly
Elizabech Hayes
C��Mr•tt=1��1's:
i!!li ;. GE
�a�r.al•, r. �.
.:.1 ..Y.n`n
M.u.d., Miil..
. ch. 1'a.0.+
%hood S.V.
tU. Ci(?!6
... 4.w3rw...a
tr •q. da n�•>
l aul C.•�P'
1Ic... �.d 1.kinlw•+1.
Ku�Y 1 •r lNwn
F.w•. AU.I+ew••
tlniy, Rope* Naito,
II N[CNTNK Rnd
�.•.�b 11 `iL ":t 11
LlknUwluon.
p.`u V,10•(.i..d.
/HIT {1,..411-9 t"M
I'.. t W.•. N
..... Prr..dend
k/..IWI W. &Ca.an
c.cb.wlti
A.akUnl 1Mr..t01
Fax: 305 / 358-1162
FAX TRANSMISSION
October 27, 1994
DATE:
TOTAL # OF PAGES:
(induding this covey' Page)
FAX: 448-7484
I�aaE2
11 you did not receive the number of pages indi+:ated, please call (30S). 358-9572.
wHEREAS, historic sites can be•reztored and rehabilitated to accommodate
current uses in a wide variety of potential commercial and public uses; and
WHEREAS, surveys have. verified that historic sites are sought
out
sby a
majority of tourists worldwide and such sites serve as community
providing residents a true sense of place; and
WHEREAS, designation, restoration and rehabilitation of this important
aviation landmark can serve the community and nation in recognizing the
important role Miami played in our country's security and can serve a viable
public use in the future of this community.
NOW, THEREFORE, BE IT RESOLVED, that the DADE HERITAGE TRUST BOARD OF
TRUSTEES es the
designationaft
ohelPANeAMERInCAN TERMINALsANDdSeEAPLANEghistoric
BASE.
g
V46et Me a , esl ent
Dadeage Trust, Inc.
Da to
Subin_1i::d into lbz puL- is
record in cOr'11.eectIon Yt It 1
item 4 9 on
Matty Hirai
n
9 :.ger
October 20, 1994
APPRAlb—,. AND REAL ESTATE ECONOMICS ASSOCIATES, ..-iC.
9400 S. Dadeland Boulevard
Penthouse One
Miami. FL33156.2817
Mr. Jack Luft
Assistant Director
City of Miami
Development and Housing
300 Biscayne Blvd. Way
Suite 400
Miami, Florida 33131
Re: "DINNER KEY" Strategies for
Improvement Intro Report
prepared for City of Miami
by MRA International, Inc.
Dear Mr. Luft:
Telephone (305) 670-0001
S. Florida Watts 1 (800) 273.6373
Residential Fax (305) 670.2275
Commercial Fax (305) 670.2276
Please reply to Ext.
item
--
I enjoyed meeting with you briefly again after Michael Lawry's, David O'Neil's and your
fine presentation at the 9/27/94 implementation Plan Presentation.
I have read with interest MRA International, Inc.'s interim report, which generally outlines
various development strategies for "DINNER KEY", and/or addresses key concerns
identified by the citizens of Coconut Grove and the City.
Although the report did not specifically incorporate a financial feasibility implementation
plan, it did address various strategic planning objectives, as well as existing financial
issues based upon various redevelopment concepts of certain components.
The report did however, identify and expand the description of "DINNER KEY'',
Incorporating the former passenger terminal for Pan American World Airways (currently
occupied by .Miami City Hall), including the Coconut Grove Exhibition Hall.
The presentation further identified "DINNER KEY" running from Kennedy Park to Peacock
Park. Those in attendance did acknowledge this expanded description of "DINNER KEY",
which is an identifiable and economic assemblage of lands developed, undeveloped for
recreational and public use, including upland, bay bottom land and marina related and
commercial uses.
�- 324
• MARKET ANALYSTS 0 CONSULTANTS 0 VALUATION SPECIALISTS •
APPRAISAL AND REAL ESTAOCONOMICS ASSOCIATES, INC. 10
Sup-- •1 ,
Mr. Jack Luft
October 20, 1994
Page Two item a
Within the redefined study area by MRA, identified various alternatives in wNdh-VDINNER
KEY' redevelopment plan could be put to Marketable Uses within the City's current
financial restrictions. This gives rise (as I stated at the workshop and concurred by others
in attendance), that you consider and present to the City of Miami Commission for their
consideration at the October 27, 1994 meeting a "Fifth Conceptual/ Development
Alternative" summarized as follows: -�
r
1) Create a "DINNER KEY" Oversight Achrisory Authority (DKOA) Authority to be
responsible for the adaptive reuse and development of °DINNER KEY". All City of
Miami assets, including but not.necessarily limited to lands running from Kennedy
Park to Peacock Park (upland and bay bottom land), would be under the
jurisdiction of the newly created Authority.
2) The Authority would then create either a Special Tax District or Bond District
(whichever appropriate), to publicly raise adequate funds for the redevelopment,
reuse, and expansion of all properties located within the boundaries of the district.
Funds raised would be used solely for development, redevelopment, and most
importantly maintenance and reserves for replacements for all adaptive, readaptive,
commercial and public uses within the district.
Net operating rent income currently going to the City's general fund from existing
commercial leases, e.g. Marina, Grove Key Marina, Chart House, Monty's, boat
yard, Dinner Key Auditorium etc., plus proposed net operating income from
redeveloped adaptive uses e.g. boat yard, expanded marina, Farmer's Market Cd
feasible), etc., would be re -appropriated under the supervision of the "DKOA°
Authority for debt or bond repayment. Surplus funds after reserves would then
accrue back to the City's general fund.
As I am without detailed information as to income and expenses of all existing leases
located within "DINNER KEY', I am unable, at this juncture, to professionally provide a
financial analysis except to state that such current income and future income is more than
adequate to fund this concept.
Since the City of Miami Commission is seriously reconsidering relocating City Hall back
to downtown Miami, the following conceptual concept and reuses (in addition to existing
uses), are deemed plausible.
APFRAISAL AND REAL ESTASCONOMICS ASSOCIATES, INC. '
Mr. Jack Luft
October 20, 1994
Page Three
recce
item _ _ ► 2 -7
1) Incorporate Dinner Key Auditorium into the "DKOW Author' (existing)
a) program for an additional parking garage to be developed by the Off -Street
Parking Authority in co-op with "DKOA" Authority.
2) Pan American World Airways .Terminal (currently occupied, by Miami CityHall)
a) reuse and lease to non-profit group as an Historic Aviation Museum and
Conference Center when City Hall vacates and moves back. to downtown
Miami. Suggest relocating to the former Miami Daily News Building f/k/a
Freedom Tower, which is now on the market (see attached).
3) Grove Key Marina (currently under lease)
a) renegotiate and expand Grove Key Marina's lease. to incorporate large
hangar within new lease for additional indoor boat storage, plus open boat
storage on apron area.
b) expand boat fuel capacity and dispensers to accommodate up to 50 foot
vessels. Surcharge fuel (as additional rent) in renegotiated lease.
4) Boat Yard
a) relocate boat yard to machine shop building and apron parcel.
b) rent indoor open space (on a square foot formula) for boat repairs by
restriping area into 15'x 40'± spaces rented on a daily, weekly, or monthly
formula for tenants' indoor boat repairs.
c) subdivide and rent north and south perimeter of building to boat yard
related office/retail users on a monthly or annual lease basis.
d) restripe open asphalt apron area into 20'x 5b,± spaces and rent on a daily,
weekly, or monthly formula. for tenants' outdoor boat repair.
6,0-' Qj�-X
APPRAISAL AND REAL ESTACONOMICS ASSOCIATES, INC.
Mr. Jack Luft
October 20, 1994
Page Four
Sub-- — L• -
ite_
5) Verrick Gym Parcel (former U.S. Coast Guard Hangar) subject to Federal
Government's covenant stating the property be used and maintained for public
purposes e.g. recreational facilities
a) renovate according to Historic Preservation Guidelines and enter into leases
with Shake -A -Leg, the U.S. Sailing Club, and other compatible recreational
groups for marine/community functions.
Grant Funds could be raised by various non-profit organizations. The Coast
Guard Hangar should be restored back to its original design. The termite_
infested and structurally deficient addition in front (deemed incompatible)
and currently used by the City of Miami Recreation and Parks Department
should be removed and demolished.
b) parcels fronting Bay Shore Drive from Monty Trainer's to Dinner Key
Auditorium should be bermed, landscaped, and paved for paid surface
parking by the Off -Street .Parking Authority in cooperation with °DKOA°
Authority.
c) develop the waterfront promenade, a wide WAY WALK running from
Monty's to Dinner Key Auditorium. This would provide walking, bike riding,
etc. access to the waterfront for the public.
6) Marina
a) incorporate and expand existing marina to accommodate daily, weekly,
monthly, and yearly rentals for larger vessels.
b) incorporate into the marina operation the adjacent bay bottom land used by
the Anchorage, and charge monthly rental maintenance fees to those sail
boats anchored off -shore.
Other alternatives and reuses considered in the MRA International report have merit.
Further study may be necessary if a Public Market was to be incorporated within the
District. However, consideration should be given to commercial traffic e.g. produce
purveyor trucks and added consumer vehicle traffic attracted to the Public Market.
4
APPRAISAL AND REAL EECONOMICS ASSOCIATES, INC.
Mr. Jack Luft
October 20, 1994
Page Five
iter. L4 9 _ c:' 7
In other words, the concept of a Public Market may have merit. However, a traffic study
may show that the large hangar in the Dinner Key location may not be a feasible location
due to its high-intensity of use because of additional traffic congestion on access roads
to Dinner Key. However, a scaled down version may be feasible in an adjacent location
but within another building to be built south of Dinner Key Auditorium (see attached
Normans/Winn Dixie Store article).
Financial Issues
It appears that funds could be made available from the following sources:
1) insurance proceeds and grants $ 4,350,000
2) re -development and re -use of facilities within the District could
be obtained through revenue bonds guaranteed by existing
and future net income derived from the various components; say 15.650.000
Total Estimated Budget $20,000,000
Tax free bonds may yield 7.5% with a 20 year pay back.
Current net rent income after operating expenses and reserves from all commercial
components within the newly created district, including but not necessarily limited to,
Dinner Key Auditorium, Monty's lease, Chart House lease, existing marina, Grove Key
Marina lease, fuel, boat yard, dry storage; and future net income from additional
commercial enterprises, including but not necessarily limited to, expanded marina, fuel,
re -negotiated and expanded lease with Grove Key Marina, boat yard, and auxiliary
facilities, kiosks, parking, etc., should adequately secure bond or debt payments. Surplus
revenues after all expenses could then accrue back to the City's general fund.
In conclusion, I professionally believe that the foregoing concept of establishing a
"DINNER KEY" Authority District is the right course of action to be taken.
Valuable properties such as "DINNER KEY" should be operated under the auspicious of
an independent authority, and professionally managed by the private sector in order to
insure intermediate and long term benefits to the City of Miami and its citizens.
- j24
APPRAISAL AND REAL ESTA*CONOMICS ASSOCIATES, IN
rec\.d__- ;-- C_ _
Mr. Jack Luft
October 20, 1994 iterr_ U
Page Six
C.,
I believe that the foregoing concept is consistent within the recommendations and findings a,
of those citizens that participated in the charrette, as well as professional. discussions held
since that time .by concerned citizens and the City's consultants.
I trust that you could iricorporate this as.a "Fifth Conceptual/Development Alternative".
If in the event (due to time constraints), the foregoing cannot be incorporated .as a fifth
alternative to the MRA report, then I request that this, letter in its entirety along with the
attachments be submitted to the City Commission on 10/27/94 when .this , item is
scheduled for their deliberation.
Respectfully submitted,
APPRAISAL AND REAL ESTATE
ECONOMICS ASSOCIATES, INC.
y
MYC/pjc
cc: Michael' H. Lawry, Esq.' Vice President/MRA International, Inc. (via mail)
David K. O'Neil, Market Consultant (via mail)
Joseph W. McManus, Assist: Director/City of Miami Planning & Zoning (via courier)
Cesar H. Odio, City Manager/City of Miami (via courier)
Christina Abrams, NET Administrator/City of Miami (via mail)
Thelma Edwards, NET Administrator/City of Miami (via mail)
Cocoanut Grove Village Council..
Coconut Grove Civic Club
"'Coconut. Grove Chamber of Commerce
Marine Council
Dade Heritage Trust
Women's Club of Coconut Grove
Other concerned citizen groups
All cc's have copies of attachments:, Photos/newsarticles/MYC's bio, etc.
[I:\CANNON\VILCOUN]
APPRAISAL AND REAL EST/ CONOMICS ASSOCIATES, INC. •
MICHAEL Y. CANNON, MAI, SRA, CRE, ASA
Michael Y. Cannon is president of a group of affiliated firms under the acronym 'AREEA'. These
affiliated firms are:
Appraisal and Real Estate Economics Associates, Inc., a Miami based real
estate consulting, market research and appraisal / valuation services firm;
AREEA Assessment Consultants, Inc., a consulting firm specializing in all
areas of Ad Valorem property taxation and property tax adjustment appeals
for real property as well as personal property;
AREEA Investment Advisory Services, Inc., Investment advisor to a London
based foreign .investor with real estate assets in excess of $250,000,000
located throughout the United States, and;
AREEA Investment Managers, Inc., which performs property management
and leasing services of commercial real estate assets including office
buildings, shopping centers, and land throughout the United States
administered by AREEA Investment Advisory Services, Inc.
His firm publishes THE AREEA REPORT FOR SOUTH FLORIDA (10 issues/year), a publication which
tracks real property activity in Dade; Broward, and Palm Beach Counties through his association with Charles
E. Kimball, III, who is the Economic Advisor to AREEA.
Sub1iL�`i '
ac injo f�A FubIic
Mr. Cannon holds the professional designations of: recd, in--_7,�
.."CM V`+ill
MAI (Member of the Appraisal Institute); item
SRA (Senior Residential Appraiser);
ASA (Accredited Senior Appraiser, American Society of Appraisers);
CRE (American Society of Real Estate Counselors of the National Association
of Real Estate Boards);
SMC (Senior Mortgage Consultant);
and has been qualified as an expert in all facets of real estate and finance in various courts. He has also served
as an arbitrator as a member of the American Arbitration Association.
Mr. Cannon currently authors a weekly real estate column featured in the Miami Herald Business
Monday Section. Articles and reports have been published in local, state, and national media; and he has been
quoted extensively in local and nationwide newspapers and magazines.
Mr. Cannon has been practicing real estate analysis, valuation, consulting and finance for the past (34)
thirty four years.
IU
Rev. 8/94
2
Ida
LEASE AGREEMENT:
Lessee Chart House Restaurant
Location Dinner Key (sublease of Grove Key Marina
Phone 858-6527
Contact
Spencer Meredith, Grove Key Marina
Mailing Address
3385 Pan American Drive Miami, FL 33133
Term
June 22, 1982 thru. June 21,2012
Option
UBe
Dining facility, cocktail lounge and
banquet facility
Consideration
3.5t of gross sales $36,000 min. Annually
Insurance
Public Liability including Products
Liability $500,000 for death or injury/
one person $1,000,000 for death or
injury /two or more persons Property
Damage $50,000 City to be named as
Additional. Insured 30 day notice of
cancellation required 90% of replacement
value, fire and extended cover
Performance Bond $9,000 advance payment of the first
three month rent
Taxes Tenant must pay
Utilities Tenant must provide
Resolutions No. 76-307, March 25, 1976
No. 77-96, 77-97, 77-98, January 27,1977
No. 77 698, Sep. 811977; 79-62, 1/18/79
Subsidiary Code 120-030-522 Index•026001
Maintenance N/A
Sub.rr�..,v� Public .
recoz.rj ^ t. Updated 6/21/93
ith
m
ite
o:,. 1 2
A-- L 1 4 : 4 es
i
Lessee
Location
Phone
Contact
Mailing Address
Term
Use
Consideration
r n J
LEASE AGREEMENT:
Grove Marina Market (Monty's Rest.)
2550 South Bayshore Drive
856-2626
Manny Medina
2601 South Bayshore Dr. Penthouse 1
September 30, 1985- May 31, 2035
Shops, restaurants, marina,
boatshed
Minimum annual consideration of
$247,586 for the first year of
operation: $257,586 for the second
year of operation: $277,586 for
third year through 2010
The minimum guarantee shall become
for the remainder of the agreement,
the average of the immediate
preceding 3 years rental payments
to the City to be paid on a monthly
basis As oP 9-/9y
Percentage Rental ti ? 7 93 �''"� • P�"s
Raw Bar, Marina sales, Retail tQX
Facilities
8t per annum on gross receipts up
to $1,000,000 and 10% per annum on.
gross receipts in excess of
$1,000,000-
stone
1,000,000
stone crabs - 5% of gross revenue
Dockage & dry storage -
15% of rental revenue
$0.025 per gallon of fuel sold
Insurance Public Liability, including
Products Liability not less
less than $1,000,000 Property
Damage $50,000 Standard Fire, Light
{ ing, and Windstorm Policy not less
Subl�ii L'Lvu -:tc }1,o cubbC than Automobile Liability
$100,000/accident and
reco�c ir_ C° LL $300, 000/occurrence of bodily
injury and $101000 for property
item -i y� J 112
damage
1
�2
VL. 1- 1 y - y - w WG 1J 1 w: 4 r
•
Lessee
Location
Contact
Phone
Use
Consideration
Term
Insurance
Taxes
Subsidiary Code
Note
item
LEASE AGREEMENT:
Grove Key Marina, Inc.
Dinner Key (Hangar "A" & "B" with
storage building and small frame
building and boat slip) plus
restaurant
Spencer Meredith, President of
Grove Key Marina,
3385 Pan American Drive,
Miami, FL. 33133
854-9389/858-6527
In and out service for launching
boats, storage, repairs, sale of
the boats up to 28 ft., motors,
hardware, parts, trailers , oil,
bait and tackle. Additional use -
restaurant.
The greater of:
10.3% gross monthly receipts or
let year-$34,850/yr
2nd year-$50,000/yr
3rd to 30th year-$60,000/yr.
Plus (effective 4/1/90) 3 per
every gallon of gasoline sold.
July 1, 1976 through June 30, 2012
Public liability: BI $1001000/
$300,000 PD $100,000
City to be named additional insured
30 day notice of cancellation
required
120-070-295 Index 042042
For additional information see
sublease files:
1) Chart House
2) Southbay Marine, Inc.(assignee
of Ship's Store Sublease)
Updated 6/22/93
U 324 2
U C T- 1 9- 5r A. W t L 1 4= 4 JB
•
Y b O
Performance Bond $10,000
Taxes Lessee to pay all taxes
Resolutions 85-717
Codes Subsidiary 120-070-296 Index
026045
Survey November 13,1985 Schwebke-Sh.ishkin & Assoc.
Updated 6/22/93
-,; c
record ire Z wit. th
itemClerk
�L_ �: • r =��rai
w i
�,' �
• — _
_
_
�"��
.
IcIy—
J __ I
�
� 4 JJ
� ..�.� �
� . 41y�11�S ►ram y1p
•
An. -1
it �"�,^�\ •/. _ � e®, k��l
i I lam. - ��. � ��C-. �`I1 ••�
A
fir} .ti rJ: 1lv.i �. .-�r• �. � 1 •. ..
J
1 r � � M} a^ .ETI_ �'�•,• '•
� * ill. 1 ��, �\,}T� Y•, /.v �. �,;.` } '� �.
illi IIS II 1II I I) 1 '1 I 11'Iill;i \
�' J. •�
..I L 111I•1Ii...a..:L1:: �i ` I 1 �I Ii � i I ISI i',
I ( :ILllllll! 1i1111111t � 1:�III � �. j t l , I� i
-111"
- _ _�P .11► .'tII, 1: 1111 l4\ 111, _• � ��
1
tL." 1 I AL J
1 11
•�w iih P Iq...
i / _ . •1� L•� . ' ��y 1 _ n ,1 �� I, I �.t�
'•"� �. �v�—sem-+-
�Z
I' ` .,`
I
.. a -moi . ��' �I: i
1 f
..�
•
jo
�f fir{ 1
V 14
:r
',r NA
t --
lot
•' P1
i
r
11.111,,
en
�.. � ° 1 yr.► al
ISI II _ _ i `;! ,♦..� (•i
' i ✓��, � +tea .. � �. ► � :~ .:
,_' r .�`+K1 SRV' �� •. _ t �1� �I � I1 1 ��f �j i.,
�Ti'
11
i� s �®® CLQ � txi/t v+4 d��t7� i,+va i �>.t V '��+ •t l,�i �tii�Rtn
��1 r {. „x ��Jfl�ir � +t t vrY'�ix 47��� 1�•Y ��+'t v �.f�•�i �.��'.
qq
its
+..• '1
- _ AL'
Ad
����
r
�
! � �
7. \ ., ....
r\ iArf�'�t '� �� ��
{^. :•
� ;_mow .�
- I � 7 ..:
pppp
i Am-
1
;f
I 't • i f
ze..
r s ♦ `r i
'ii .. iii _'," A��
PTV
lc�4 W..
IL J111. x
SECTION
TUESDAY.n.,
,
.� .. ♦•, JIII (IiII:I ♦ '1: '1I.'.�', 1!ll.�`'`J i.
OCTOBER 25,1994.
:matt a o
ove.l.r;
r
1 I •i. „�, )I• �1't?!Y!.:ii li� ..''11'T' .Ii .).;I. �.. ,. .:I;• i',�. ..�
rt: 'i.'"iJl� :i �.ii ,I
6sidents �fig4t to! shore :up : bayfront
, !: iLll .i�l' '1 "I'!)�il). .I. i 1. l.il .) t. : � ' ,•i'
By JOANNECAVANAU''GA ' '•''rt;. s,,%,ri l .'I yCivic diib;l"would we let them tear if alf
Herald Staff Writer down." • .
. The late Elizabeth Virrick '4-o created • On Thursday, Miami city commission-
I,. �W boiran9�i 6cFa' for"�d�tdgsterx,- iVO wit- ets are scheduled —again — to decide'
ne sed a Yighf'2lutte' as %tougri a' the one.�.what',to.-do .with _the,pipner. Key water
Coconut Grove is waging to save the'gy' front;a'ateglected :swatH`Jof•land between
nasium that bears e�name. ! South'1Jayshore'biivearid,$iscayne Bay.
.:.
Xhe'�`def ifct Pia ?ire `ca rid A rd ,?�Diiiriet Key'Bo9Cyaid;_ which has used
aye, Mc i laudctiedra ail eaplafkAPi,,, tlie,,'foii�ier,f'an,Atn'. angais;for boat stor
routes from Dinner Key, didn't survive;.Vr ge,.and�businesses;� is the -Grove's last
long enough to join the current battle to:`�' wockitig•tioat•yard.'Wiith no.major invest=:
preserve its old hangars. #^':> ; men'( in nearly two de&des;' it has limped.
Bitt those bits of -Miami history have'.:'along through hurricane and'neglect.
bE``n'e a call to arms for some Coconut he storm -damaged Virrick gym sits
Grove residents and preservationists; nearly,empty, deteriorating..
angered by city efforts to demolish the -1.t %c; :For: the past. few:"years, the city .has.
area's admittedly tattered legacy- sponsored study after study. Community
TIM cHAtANiHerald SM"
"Over our dead bodies, ' said Joyce UP FOR GRABS: Miami must decide what to do with the Elizabeth Virrick gymnasium
Nelson, president of the Coconut .Grove : PLEASESEE DINNER KEY, 86 and several other buildings along the waterfront in Coconut Grove.
F.
Submitl..,j 'r•t(? tZ�, n
1 U.hiiC
recorc2 i h c
. TT. rai
•
86 THE HERALD, TUESDAY, OCTOBER 25, 1994
Miami
recorc. in c
item LG�c_
"i
commissioners debate
ions for
Grove s bay fro
rt
D NN_ ER KEY,. FROM 113 .
I AM` groups, waterfront
business owners and Miami com-
missioiiers have'clashed over the
area's.. future:,; it, time to act,
many, sa.. .
1' "I don t want.to keep rehashing
this to.:8eath,,"`"City - Manager
Ciesar; OdiQ,�said .plaintively in a
recent,;,. meeting at ;
.City Hall
which itself: is Pan Am's former
terminal. on Dinner Key.
I City s^ :Commissioners ...J.L.
Plummer; : Victor De Yurre and
Mayor-Steve--Clark-have hinted
or pointedly stated that demoli-
tion seems the easiest route. The
commission will face several
options ar 6 p.m.Thursday:
■ Renovate the Virrick Gym,
2600 S. $ayshore Dr. and create
a c6hiinunity center' there. The
Shake=A=teg• program: for disa-
bled sailors: could -expand .its
Operation-into"a.sailing center
%yith woc�out, roorris. '
■ Restore the ' 38,000=syuare-
foot ,haripar at the boat. yard and
convert it into a waterside farm-.
ees. market with artisan stands:
Keep or demolish the small.han-
:gar, a former machine shop, and
;redo '4 .,. oat `. yard' and 138 -slip
• marina.
■.Revisit the'idea.of restoring
.1;oth"hangars'as a working boat
:y'ard and, marina,. a community -
Supported goal. that has drawn a .
few failed iproposals in recent
,years....
■ Demolish both metal han-
gars at the boat yard and rebuild
a marina operation there with
=new b jildings. Or tear down all
JIL.11■•11JR.L.M '
Tho Miami Commissioe
meeting starts.at 9 am.
Thursday at City Hali,'3500
Pan American Dr., just off
Sayshore.DriVe in.Coconut
Grove. Dinner Key. waterfront',*.
issues will be discussed at 6 .
P.m. City residents with cable
television can .watch the
meeting on city government
Channel 9.
Gym, once a seaplane hangar for
a 1930s -era U.S. Coast Guard
station. Renovation costs are
unclear, but estimates approach
$1.5 million.
Proposed marketplace
Odio supports that move, and
says revenue from Shake -A -Leg,
sailing -related shops, city park
funds,- a museum or other
resources would be needed to
maintain the gym. The adjacent
pink city office building would be
the buildings and create a water-
L017.11 down.
One way to keep the large for -
front park.
mer. Pan Am hangar is the pro-
`No hiddetl.ag.�nda'`...
posed market.
Odio says that may be the only
Odio said his recommendation
use that could support renova-
to commissioners.: will .'not
::tion costs estimated at $70-90 a
include the last option = the -one
square: foot — vs. L the $30-$40 a
most vilified':by Grove-ites.
square foot it would likely cost to
"I have! no hidden agenda to
build anew. Those costs are being
demolish anything," Odio said.
evaluated.
"But you. can't• have your cake
The venture would be like Lex -
and eat it; too: If you, want. to
ington . Market -in Baltimore,
keep the hangars, we have to find
which sells atmosphere and fresh
a way to pay for it."' '
produce�in equal measure. Simi- .
A city consultant, MRA Inter-
lar markets are successful in cit -
national, recently estimated that';
ies like. Seattle.. But some resi-
it would cost more than .$8 mil-;
dents worry it would lure too
lion to restore the .' damaged..
many.,tourists. .
building shells and the.sites, not',
"We cannot- have another Bay -
including some interior work.,
side,". said waterfront' activist
Available. grants, federal hum-'.,
Bill Harrington.
cane relief andinsurance money
Regardless, at least one hangar
total about $2.5 million. MRA ,
:.might . go down: the former
recommended restoring some or
machine shop. Marina experts
all of the buildings to tap into the
have.told the city that it would be
area's maritime aviation history,
difficult and costly to convert it.
and suggests tapping other fund=
Project bidders may be left to
ing sources, such as a $2 million;
:'decide whether to include it or
dollar low-interest loan.:.
not:;
About $900,000 in insurance'
.
,• "Let's try," Nelson said. "Let's
money is available for the Virrick
lust try."
!� ` o4
. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .
------------------
a V'"ZIP,
-,dL
I "
.ry. � _..r+� •,..,.w , � i• •� •`-vii'-_ _
.tK �..•t,. i77
rt} -"Itis' `� 1 _ •�__ _ ..��ya.`•-^"�.'� Vis._ __
.Lt 'l"t~{� iL i � a.X � 1t It 1 / � 1- u !'�J�^'t � ] tV_ • �, %_t.� .'f" n '( t .
'f43E�`ci'�'_"'Y_vi�:'*'t�ia y, f,),��`��Y�f rl,C.� +� S�,l�i1+.,_ ll�+i�lylu ►fir; ,'' a�''� ¢'
�6 T'✓ ✓Sj "t t'_ 71 a --\ � ui,• .1 / �,\`� t�-y'�l v � W yL..�la � • ,Y�•-y �+� \J.
: Tc_
• � ' .� Vii, .
� �.
/SIM. -AVO -t -,al-.
� _ 1 ..'�rJc� ,• :�•. i , A'� Mit\�•. �. L/-••' --- 2,tr'i4n•;..� L�_.._�2�M1 � �' Ar '1 �• '
yam. •.�/ .. � ay• ,��` �.`-
r.
1 � ` i /� M1 J. • lyl fi
t �^fit a•r. �: /'t 7 l h.�; 11 �., 1
• fir.,§ .lt c }�\ •��• I'.
II r,..��s+..,,.•' 1/i.. / •� at< ,rt1��r+'� r L�.•'v •� �',{R' , .
... ... _.fes . 1 •ti�-'.�G '` '�: w 1 � . •.' j .'ti
' .,. X1.7. ���.�✓.r: / . __
,.Nb—
w
y
�'iS'c trxt•, v'LMC - ,, sem, °ir� SFS '" ' } �vr r..r: \„S��h �.
��a�i•Su�•5 �I � w ti � t�'ei -r� ��t � t. � � 111 f � • � � 1' �i},Yi "� 7 v S � � ^" Y�71 C� � � � .
1 IPJ 1e�'� t L: -t>• K•,�—, � 1 ` '> �
i ,fir �f� 1
�:'!►!y Yi �� -tC ''ry1 -fi�''6•�1 �i '1.d-Lll�lt
�I •' �': �I r l��a-s rrCf
ri
n
*'-
CY �•
I
3 �
vi '•
: r _
T1t: • .
m ♦'
i
l
ti
N W • A
C 4f
t
4rQ•
• � O2�
TRW -RE )1 o...,s..a 257-7 PARK NO.W4
T-54 R -41 S-21 N V2 OF S.EI/4 , •�
Pro Data _
• 257-6 unwt oma' {
i,.. tel,?6 •® �► .• ae' ',II.C. A ��tr
s x , a ''� • qq� Q PARK No.W4
ti 16t -9S 1?GAME
\
to PAW T W.T A
G
„ (0-253) _
wmm
•
U.S C045T GUARID
13ASE
•
\ \ \ yyy
Submitted into the public
\ 'record in con-.. Ecn with
1� P item_ t o � Ci
T.. -.:I Hirai
C ;:y '%2" irk
)JA& I A,
1 � ,
I 1
Ta
a �
'� X24
APPRAISAL AND REAL EST/*ECONOMICS ASSOCIATES, INC. 0
APPRAISAL AND HEAL ES ECONOMICS ASSOCIATES, INC.
j/, %%.
01w1 AK1r1o1 PROFILES OF TEN MARINAS
Ke Marina Quarterdeck Marina
Dinner y Lake Wylie Marina
South Seas Plantation Walden Marina
Purdue -Dean, Inc. Marina.,_ Mud Island Marina
Port -of -Egypt Marina
�� Bay Springs Marina
Charleston Municipal Marina ;z
Subrsx= bsed i.., ;, :1, c
item_, _ L4 a
By Douglass lass G. Nowell, Ph.D. and David G. Egler, Ph.D.
..
National Marine
Center for Business and Economic Research Manufacturers
Western Illinois University Association
Macomb, IL 61455 _ 00— 324
APPRAISAL AND REAL EST*CONOMICS'ASSOCIATES, INC.
reco:2
. item 4 L�
Copyright 1987 by the
Center for Business and Economic Research
Western Illinois University.
Macomb, IL 61455
Printed in the United States
Center for Business and Economic Research
Western llinois University
Macomb, IL `61455 -` :
item
TABLE OF CONTENTS
INTRODUCTION.................................................. 1
THE CASE STUDIES ......................... 1
UTILIZING THE DATA FROM THE CASE STUDIES 2
THE DINNER KEY MARINA
Introduction.................................................. 5
Location.............................................. 5
Policy of the Marina ........................................... 5
Figure1• Map ................................................ 6
The Marina ...................................................
8
The Customers ........:. .. ..... ............
................... 8
Financial Performance ... ........................ • • 8
Table 1: Descriptive Statistics Drawn from a
Survey of 25% of the 374 Boaters . ...... • • • . • • • • • • 9
Table 2: Revenues and Expenses`_ for -the. year 1983 .............. 11
Table 3: Revenues and`Expenses'or�the year 1984 .............. 13
...
Table 4: Revenues: andExpense.51or the -year 1985 ................ 15
Table 5: Financial Comparisons During.the years .
1983,1984'and 1985'. .................... 16
Conclusions .. ... 1?
Appendix I: Mooring and Dockage Agreement ...................18
Appendix II: Dinner Key Marina Questionnaire ................. 25
SOUTH SEAS PLANTATION MARINA
Introduction....................................... 31.
TheMarina..................................................31
TheRegion ................................................... 31
Figure1• Map ..... .. ................... ................. 32
Nature of the Marina Market .................................. 33
MarinaOperations...........................................33
Financial Performance ........................... ........... 34
Table 1: Financial Performance During 1984-1985 .............. 35 _
Conclusions. ... .................................. 36
Table 2: Monthly Operating Statements
During the Year 1985 .. .. ........................ 37
Table 3: Financial Comparisons During the years
1984 and 1985 ........................................... 38
PERDUE -DEAN, INC.
Introduction.................................................. 39
History...................................................... 39
Region...................................................... 39
"Figure: Map ................................................. 40
The Perdue -Dean Marina ..................................... 41
Subs'- =^
rec^7- c_
COCOANUT GROVE V Ite�:AGE
ILLCOUNCIL
A RESOLUTION OF THE COCOANUT GROVE VILLAGE
SPECIFICALLY ADOPTING AND RECOMMENDCOUNCIL,
ING IMPLEMENTATION
OF THE FINDINGS OF THE DINNER KEY VERRICK GYM CHARR3TTE
AS SET FORTH IN THE CITY OF MIAMI PLANNING, BUILDING,
AND ZONING DEPARTMENT STUDY.
. WHEREAS, the Cocoanut Grove Village Council is the
elected body the residents -of Cocoanut Grove and acts in an
advisory capacity to the City of Miami Commission on Cocoanut
Grove issues; and
WHEREAS, on January 22, 1994 an all -day city sponsored
Charrette was conducted on the adaptive reuse of the Verrick
Gym and immediate surrounding area; and
WHEREAS, the Charrette was publicly noticed and attended
by a broad spectrum of residents and business owners from
throughout the City of Miami including members of the Cocoanut
Grove Village Council; and
WHEREAS,public meetings on February 15, 1994; before
the Water front Board; before the Heritage Conservation Board
on March 16, 1994 and the Planning Advisory Board on March 16,
1994, all resulted in recommendations to the City Commission
to approve the broad based Charrette recommendations; and
WHEREAS, the Cocoanut Grove Village Council has voted
unanimously to urge the City Commission to approve
ity of
Miami: Plannin Buildin and Zonin De artment 31ude Cand to
direct the administration t0 adopt and implement its goals and
objectives,
NOW, THEREFORE, BE IT RESOLVES BY THE
VILLAGE COUNCIL THAT: COCOANUT GROVE
SECTION 1. The Cocoanut Grove Village Council hereby
recommends to the City of Miami: Commission to adopt the
findings contained within the Cit r of Miami•
Building and Zoning Department Study with specific attention
to:
A. Results of the Charette (on page 13 of the
study attached her to and made a part here of
as Exhibit "All)
B•
The Plan (on pages 14-16 of the study,
attached here to and made apart here of as
Exhibit ,B11)
•
C. The Next .Stens (on page 17 of the .study;-
attached here to, and made
Exhibit apart here of as
��C")
D.. Goals and Ob'ectives
(on pages 19 and 20"
of the -study attached here to and made a part
here of as'Exhibit I'D")
SECTION, 2.' the Cocoanut Grove Village.." Council recommends
that tYie City of Miami Commission authorize the. City Mana er
to'' advertise for ,profe:ssional on
of qualified Marine,
Architectural, Engineering and Environmental Planning firms to
delineate and design the renovation and development concept
consistent with the recommendations from the participants in
the Charrette as summarized in the City of .Miami Planning, -
Building and,Zoning Department Study.
SECTION 3. The Cocoanut Grove Village Council recommends
that the City Commission direct that the design concept should
be developed prior to the 'City Managers preparation of an RFP
(request for proposals) in order to avoid a skewed or single
developer design concept that may not necessarily be
consistent with the results of:'the Charrette.
PASSED AND ADOPTED this March 22, 1994 b
Village Council, Inc. by Y. Cocoanut Grove
WARD WkERG, CHAIRMAN
ATTEST:
Sub into the P7.1hii
`record in c
NEIL4"iIVE4S, SECRETARY CC,-,_.,
ELECTED COUNCIL MEMBERS Item 4 G� _ 012 (U „r j
MICHAEL CANNON
DAVID GELL' "'�`
-�: Y Hirai
ROBERT GILMORE
MICHAEL GOLDSTEIN C``s Cier:�
LEE MARKS
.JOYCE NELSON
LYN PARKS
MELANIE THOMAS
CARL PRIME
JIHAD RASHID
NEIL SHIVER'
TED STAHL `
KEN TOBIN
LAURA VIETH
DENISE WALLACE 4
HOWARD WEISBERG 44
•
EXHIBIT "A"
Results of the Charrette
Pursuant to City Commission direction at its meeting of
October 14, 1993 (M-93-560), the Planning Department was
instructed to conduct a planning study of the Virrick Gym and the
immediately surrounding area. Public input was sought in order
to receive necessary approvals from federal and state agencies
due to historic designation of the hangars and deed restrictions
on Virrick Gym site.
The City sponsored an all -day publicly noticed charrette at
.the Coconut Grove Sailing Club on January 22nd,
conclusions of that charrette 1994. The
were presented at a publicly
noticed meeting on February 15th at City Hall. Subsequently, the
recommendations of the participants of the charrette are to be
presented to and approved in concept by the Waterfront Advisory
Board on March 8th and the Historic and Environmental
Preservation Board on March 15th.
The charrette focused on: (1) the adaptive reuse of Virrick
rrick G
Gym; (2) the potential redevelopment of the Vi
the potential reuse of the two hangars (FKA ,Merrill Stevens
Boatyard); and (4) planning for the immediate vicinity bounded by
Aviation Avenue, South Bayshore Drive, Pan American Drive and the
Bay.
Nine teams of interested participants discussed the site,
Proposed solutions and revised those
Posals in Their conclusions, attached herewith asrA tachment An open forum.
summary of that charrette and a. set of guidelines �forr the eCite
Commission and City.. Administration regarding the future
development of the site.
Subsequently, during the meeting of February 15th at
Hall, a proposal was put forward to utilize the Virrick G City
farmer's market; this proposal was rejected by the audience as a
record iZ c --
item Z c. M v 7
4D'24
13
Suznl-
EXHIBIT "B ,
record.
item
ILI
THE PLAN -
A. The Virrick Gym wound be retained and restored as a
center, ideally as a facility shared b sailing
sailing program for the handicapped; y "Shake -A -Leg", a..
Team and the City of Miami ParkseDepartm ntU.S�sailnic Sailing
Using recreational.sailin 9 program.
program for the general public so also tvisualiz recreational creational
an exercise gym, health club and .bike rentals: 5hakelAdi g
has. a small sailboat dock, also. Parking is available for
handicapped and users.,,.
The office annex, which is contiguous on. the north s
the Virrick Gym buildingside of
occupied'by City of Miami ffices,= is, currently partially
allowed to follow.through with their, ambitiouse.g roe ra to be
reusing the office annex as sailing team barracks, sthen for
City offices (daycare, handicae
be relocated to an unidentified d location "cable)
would have to
during -a long transition Alternatively,
could be divided between s ake-A-Legeandethe Ci of Y Office annex
B. The Han ar formerl
retained and reused as Ma =rill Stevens D dock
full service boatyard capab a of
.servicing,would be
boats over 28 feet in length. cilityroofor a
m would`
lift, and
be augmented by .a repaired (or new) This fa
boat
forklift to maneuver. Increasingly stringent environmental
regulations dictate that boat -repair activity take place in a
con trolled, .(indoor) environment so that the outside apron is
to be used -by boats to be repaired or dry boat ,storm e
in length). Sufficient parkin g (28' +
building would be -available for workers, clientsnorth si nd th,_
users. marina
C. The' Machine S),
RE
o formerl Merrill Stevens D
proposed as a Pan American Airways Coast Guard Air Marine.
Historical Museum (see letter of interest in Appendix C from,
the Historical Museum). This proposal should not be reviewed
in isolation but rather in the context of
other historic attractions. such as, Barnacle, and Coconut Grove's
the Ba
Hall and the Virrick Gym at Dinner Ke City
would be available to the`north of. the building isitor Parking',
Alternatively, if the Historical Museum proposal ultimately
is not found to be acceptable to the
would be included in the Request for proposals tfor hehis lfulh
service boatyard (see below).
The Marina has previously been included with, the, full
boatyard. However, it seems that the marina couldvlbe
UJ
14
r
0
rec-_,_ ir_ _
ite=_ C'1
operated separately if a area' -dor users
dedicated parkin
were located on the bay side of the machine shop or inart
of the open apron. The marina would include sixt P
grandfathered slips, and perhaps 25 to 40 more new esli
atps
(which would have to be approved by Metro Dade County). Also
included is a dockmaster's office
(with onshore fuel storage tanks) and a marine lfpublicy
places feature. artin
The fuel facility is located to
Provide
large boats; the continued use of the water for
o
it
southeast as .a "free" anchorage 'the
ma
t
desired maneuverability of larger bontithis
fuel facility or the boat lift. interfere
destined for the
E, The Boat Launching Ramps need to be renovated to
launching (and retrieving) boats. facilitate
A v
parking area, vehicle -and -trailer
for storage ehiwhile a boat is in use,
south of the Virrick Gym. is located
F. The Sailing Dock is currently operated by Shake -A -Le
of their concession. The potential to expand the number as part
slips here is hampered by the need to
maneuvering area for the sailboats. Provide an ample
of expanding sailboat slips should cioueve be explothe red. ont
G. A Baywalk with pedestrian amenities is included, where
appropriate. It is recognized that mangroves on the shore
south of the parking area must be preserved,
H. park ng area Spa ce is located along the eastern edge
provide a see through" and separation. the
hard court area is included.
I. The Parking Area has been reconfigured. A meter, de
other form of parking validation should be considered to
assure that use of the parking area is fo
Key and not r patrons of Dinner
visitors and workers destined. for
buildings' on the north side of South Bayshore officeDrive.
Attention also needs. to be given to security needs of the
parking area and the vehicle -and -trailer storage area.
J. The South Bayshore Drive Pedestrian -and -Bic cle Path
-retained. Landscaping in the form of an overhead cavo is
suggested by adding a parallel row of royal Py is
adequate spacing to allow for future growth. Poincianas with
.landscaping is g No understory
proposed, for safety and security reasons.
Also to be incorporated is a stop for tram or shuttle service
to accessory parking at the Coconut
or village center, should this service Gever ve be himpleme reenter
ei
K. The triangular Open Space should only be altered
turf -block or similar "open cell" paving
use of green grould
nd cover while still provi.di g that ufor
�!�A
15 Qj
by adding
allow the
overflow
sU. ..A.
recozc.
iter. -Cl_
. I
O
P
A .
•� r
�K
. a
VIRRICK GYM AT DINNER KEY STUDY
4 .III I
O c T— 1 co—c-0-4 WE D
)UAPDO ROORW4UF-Z
Oimcw
I
1 4 4 6
�cb tti°�`o
FAX TRANSMITTAL
FAX TO:
DEPTJCOMrA 4Y.-
FAX # DIALEDeD-)
ZZ
Lh
FROM: ite
TOTAL 0 OF PAGES, INCLUDING TIMS FAGR:
cor�rrrs:
AS PZ-QUE-aw
FOR APPROVAL
PLEASE s MLOWYMW GH
CALL. UPON P*08(PT
(' flATEA f ON 0ES(F.2D
oFnCE of ASW MWA j -
GfMENi & UP1TN tMi'ROvEMiNYS
0
parking at the Coconut Grove Exhibition center. Preservation
Of this green space calls into question continued use of this
area by workers and patrons of establishments on the north
side of South Bayshore Drive.
Sub -,nate;:
recon in
item
o�-
�U-
16
•
EXHIBIT "C"
THE NEXT STEPS
The City should:
I. Forward this study to the .appropriate federal and state
agencies for review.
2. Immediately authorize sufficient repairs to the Virrick Gym
to enclose it and protect it from the elements.
3. Prepare a Request for Proposals (RFP) for the Virrick Gym and
Machine Shop, including boat launching ramp and sailing dock,
to enable public interest non-profit groups to present
proposals utilizing the recently enacted charter amendment.
4. Prepare a Request for Proposals for a full service boatyard
utilizing the large hanger and marina. As -a part of this
RFP, an additional optional proposal could be considered, for
the machine shop, as part of a full-service boatyard.
5. Seek a coastal 'management or open space grant to address the
baywalk segment, preservation of mangroves, and the
installation of the green space and hard court.
1j.�L' Si1 <a
recon- 112 c
4'�
afern- LL
17
U- 324
i
Sub
reco_c in c:
item LI c k�
T --
Virrich GYmWerrill Stevens Charrette L =
Goals and Objectives for the Site
A mc{jority of the audience agreed on the following general comments;
other team comments apply to individual structures:
1. Mahe the conclusions of this.' charrette the foundation for all
future requests for proposals for the site.
2. Use available FEMA or insurance funds immediately to prevent
further damage to the structures.
3. Preserve all structures, no demolition of historic structures.
4. Area should be reserved for the marine community and water-
.
5. No hotels or residential units; no high-intensity. "Bayside -type"
tourist facility Or more theaters which would contribute to
traffic and congestion problems.
6. Revenues collected front -the site should be reinvested there
and not returned to the General Fund.
7. Emphasis on youth recreation, particularly marine -related
recreation.
8. If adequate parking for resulting uses cannot be provided
onsite as surface parking, investigate the possibility of a tram
or shuttle to accessory parking at the Coconut Grove
Exhibition Center or elsewhere.
9. Preserve the existing views of the bay.
10. Preserve the existing mangroves.
11. Landscaping should prevail 'Continuously along South Bayshore
Drive; a marine -oriented feature should be incorporated into
the landscaping design.
Other Team Comments:
Virrich Gym:
1. Preserve the Virrich Gym as a multi -use community center
which might include a water sports training center and sailing
educational center by retaining or expanding the Shake -a -Leg
facility, possibly in conjunction with the U.S. OI
Center. mpic Training
19
1
Tec` ra
iter_. G
2. Some indoor recreational facility such' as a basketball .court
and/or boxing gym should be retained `
during inclement weather...': for indodr ¢ctcucty
Hangar:
1. , Preserve the boutyardd:?==asd" ; full-service boatyard including.
fueling, • Iift,• drydock • arias•; storage --f
acilitkes,' if .possible restore
the marina toaccommodate vessels up to f: fly feet in length,
both motor and sail. .
2. Investigate the :possibility hof an ::'offshore''fueling station:
3. Rebuild the adjacent seawall.'
4. Boatyard should -1. be •rivate!
p y managed by a company with the
expertise and resources . to..: handle such'' an, operation, not by
the City of Miami.
5. The boatyard. , should . accommodate as many boat slips as
permissible • to -meet the existing need, make Dinner Key a
facility at • least • equivalent 'to the Miami 'River's boatyard (the
only other functioning _boatyard in, the area), .and make use of
an existing under-utilized facility .in an advantageous location.
Machine Shop:
1: Preserve the buildingas a possible Parc Am and Coast Guard
aviation/marine- • museum with' retail components including
marine accessories and . other shops, a Coconut • Grove .historic
market and/or farmers' market.
2. Do not locate commercial enterprises which would compete
with existing business; retail "should be complementary to the
primary. use of the property as a boatyard.
Parking Area at Virriek:
1'. Landscape the area for a- park and a continuous .lighted
baywalk with lighted, low -intensity recreational facilities.
2.. Any. ,parking should be landscaped' surface parking which -is
monitored for security.
Area between South Bayshore and, hangars:
1. Area should be retained as landscaped surface parking.
2. Any other use for the area should include lighted, low.
intensity recreational facilities such as basketball or uolley
ball courts.
20
r %;0
Submi;��ir�.c `L`e. P:�b'ic
item f-+ _ _ 121-2-71114
WE RECOMMEND:
��,,1L
A. Restore the Virrrick Gym Hangar as originally desfgned and
constructed.
B. Remove the pink parks administration building.
C. The restored Varrick Gym hangar should be a people friendly
facility with classrooms, hospitality and storage areas of'modest
dimensions and "hurricane tough" to house a state of the art
sailing center and to provide sailing instructions to the general
public focusing on younger individuals, school systems,
institutions of higher learning, and visiting.sailors.
Shake -A -Leg, established in Newport, Rhode Island, as a non-profit
corporation, with an honored and proven sailing program teaching
sailing to individuals with disabilities, would supervise and
manage this program in conjunction with the city of Miami
administration and local sailors.
D. The launching ramp should be used only for the launching and
recovery of sailboats designated for and participating in this
program.
E. Funding for the entire Varrick Gym Hangar restoration and
interior facilities would be provided for as follows:
I. Two hundred thousand dollars from the approximately $900,000
to be received from the federal government, leaving the city parks
department with $700,000 to be used for the same. or similar
purposes.
II. The balance would be provided by Shake -A -Leg donations and
corporate donations.
III. The Shake -A -Leg donations and corporate donations should
have.a time limit of no more than 1 year in order to properly fund
this project.
3. Merrill Stevens marina, Grove Key marina. Dinner Key
Marina and City Hall
Merrill Stevens Marina:
The inability of the city administration of years gone by and
Merrill Stevens marina to agree on a maintenance and rebuilding
program as well as an annual rental fee on the property and
hurricane Andrew has left a valuable public waterfront asset in
disrepair and' the city coffers without needed revenues. This
4
I ?� o2
s , - •
rec :. - ... 1C) 7
34 /a� ('�
199-v 01)
L )?0-'`p : � eve k,0.,, as
Pa
o��
Ina., 4&
0
PA.Id -1, 3 3 i y99
Cl-
f
J�
u
L
Ott
16-tet
Q
m0ollm'' umm
—Mawr
'-wr r
I w
ELIZABETH VIRRICK BUILDING - RES ORATION AND
e�-
A L't f"j- zc
PARK IMPROVEMENTS PLAN V qr
ompmod or
BERMELL04,A AMILAND PARTNERS. INC.
qLqyl 1000
WAIM. PLORIDA 03133 TIL. 16081 080 9080
record in
item 4 C �
WE RECOMMEND: lb=Cfty nirai
Ci, f Cierk
Increasing -the size of boats that can be hauled by the marina.
After that size has been reached, larger boats would use the. Miami
river do-it-yourself facilities.
City Hall and Dinner Key Marina:
The historic city administration building and the recently repaired
Dinner Key Marina will continue as they are, a splendid attraction
for visitors and tourists and an exceptional marina for wet storage
and live-aboards.
WE RECOMMEND:
A. Parking around the flag park in front of the administration
building should offer short term parking primarily to individuals
who have -business with the administration, the Mayor or the
commissioners. . City Employees would no longer park around this
site, they would park in the convention center parking spaces
thereby freeing up circle parking for residents and visitors.
B. Sailboat rental concessions located on the south bulkhead area,
long a major compliment to our city, teaching and training sailboat
activists and renting sailboats should have their parking areas for
customers protected particularly during city of Miami approved
festivals and street closures.
4. Seminole Docks totheBarnacle
Long a colorful, heavily used and historic launching ramp
principally for city of Maimi residents, this facility also serves
as a dock and.boat storage area for anchorage live-aboards.
WE RECOMMEND:
A. Rebuild a 20' by 20' bait and tackle shop to include boating
supplies and a U.S. Customs check in station.
B. Construct a.small boat storage area to accomodate live aboards
and visitors when an authorized anchorage area has been formally
established. Shower and toilet facility would be part of the bait
and tackle facility for use by anchoraged individuals.
C. Provide a professional, review and evaluation of the launching
area to determine how additional automobile and boat trailer
parking can be provided.
0
..'` 6"'24 + ,
J-98-823
7/14/98
RESOLUTION NO. 98— 7 19
A RESOLgrION CONCERNING THE VIRRICK GYM
COMMWITT. YY . WATER.. SPORTS CENTER PROJHC ..'
APPROVING, IN PRINCIPLE, TRE CONtCBPTgAt,+ PLAN.
FOR THS BUILDING AND S M REDEVELOPM8INT AS
PRESEI�M..THIS DATE` BY THB ADMINISTRAT16H,
ARCHITECT RICRMW ABISBNTBOTTL$,� . APpRO4TING,
PRINCIPLE, THS • PROPOSED . PRO(3RA1 xNG PLAM. FOk
THE FACILITY AS PRESENTED THIS DATE HY TIM.
DEPARTMRNT OF PARKS AND RECREATION . CTING
THE ADMIJTISTRATTON TO xh�i8DIAT!lI.Y _ OOCS
N8=TAT10NB* WITH SHAKE-A-LHG 1�I ;j INC..#
AND �8' ' YMCA Old GRRATSR NTAW , INC. A8
PROGRAM PROVIDRRB AND TO PREORNT TSI
NEGOTIATED USE AGRZIMSNET (S) , IN. A . IFOkK
ACCEPTABLE TO THS ,CITY ATTORNEY,' TO THE CITY.
COMISSION POR ITS REVIEW AND APPROVAL AS
SOON ' AS - POSSIBLE; FURTHER DIRECTING THE
ADMINISTRATION TO CONTACT AND INCLUDB Tom,
p0LICB ATHLRTIC LRAM AND THE BOYS AND GLS
CLUB A$ PoTwrxAL pROomm PROVIDE s ANDO$.. "
pRSSSNT ALL NTSCRSSARy DoCm=T (g) ., . 1N.'A PORN
ACC8PTABLB To THR CITY ATTOMMY TO T213 CIT y
COMMISSION FOR ITS R EW AND 'APPROVAL AS
SOON AS POSSIBLE, IF APPROPRIATE, FOR SAID
ORGANIZATIONS.
IRS IT RBSOLVBD BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The conceptual pian of the building and site
redevelopment
for the Virrick
Gym
Community
Water Sports Center
Project, an
presented this
date
by the
Administration and
co- 324
V
CI?Y CQNIIMSION
MEETING OF
J 1.11. 11 ISSO
WNAtulkolk Na
A
architect Richard Heisenbottle, is hereby approved, in principle:
Section 2. The proposed -programing pian for the
facility as presented this date by the Department of Parks and.
Recreation is bereby'approved, in principle.
Section 3. The Administration is hereby directed to
imatediatsly Comae negotiations WiI th Shake---A-Le g' t+�liami, ` "Inc . .
and the YKM of Greeter Miadii, Inc. an progrm providers and, to
prevent she negotiated use Sgreement.(s) ,I/ in .a forst acceptax►ge
to the City Attorney, to, the City Commission • for its review and
approval as noon ail possible.
Section 4. The Administration is ,,bereby further directed
to contact and "include the Police Athletic League and the BOYS
And aisle -Club as potential program •providers and to present all
necessary docwa►erat (s) .a� in a gotta acceptable to the City
Attorney, to the City. Commission for its review and approval as
soon as possible, if appropriate, for said organizations.
Section 5.,: This Resolution shall become effective
l/ The herein authorization is further subject to ccMliancs with all
requirements that may be imposed by the City Atto;aey, including but not
=e
,limited to those prescrib4d by applicable Cicy Charter and Code
provisions.
21. Ibid.'" ,1.24
j J 0 W EL 0(
immediately upon its adoption and signature of -the Mayor.2/
DA"20 AND ADOPTED this 14th day or July 1998.
In rp� wkh 1Wa W Oode 8•c. 2d, akm Oe Mayor did not WWv approval of
1t 3 ;lemon by Mp Vng b In ftdos%M fed pim provided, Bald legWeon mw
I»obitiii eNioltw wllh the 04" ®f (t®) der f ' do We oIdsuft f n
ATTHST s a. WNW"
W Y� J.
�[ a �y�,�.
7►� �iak J. f oGne � C b*
wAl1 � b �oiss�a!
CITY CLQ
APPROVED A8 FO ApJIY 88 s
s
G��.as •eaiiV
192 78 9 : B88
i� If the Mayor doom not sign this Resolution, it shall become oftective at
the end of ten calendar days from the date it was passed and adopted.
It the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commissions.
3 - � v
i
Agenda Item No. 37
Commission Agenda
April 13, 2000
MANAGEMENT AGREEMENT
BETWEEN
THE CITY OF MIAMI
AND
SHAKE -A -LEG MIAMI, INC.
FOR THE USE OF A PORTION OF THE
VIRRICK GYM PROPERTY LOCATED AT
APPROXIMATELY 2600 SOUTH BAYSHORE DRIVE
MIAMI, FLORIDA
r)94 0, 40
TABLE OF CONTENTS
ARTICLE I
DESCRIPTION AND TERM
1.1
Description Of Property
1
1.2
Dock Area
2
1.3
Parking
1.4
Dinner Key Picnic Islands
2
1.5
Term of Use and Conditions Precedent
3
1.6
Option to Extend
4
ARTICLE ii
PURPOSE
2.1
Purpose
5
2.2
Commercial Activities Within the Property
6
2.3
Special Events
6
2.4
Operations
7
2.5
Rules and Regulations
7
2.6
Charges for Services
7
2.7
Additional Limitations and Restrictions On The Provider's Use of Property
8
2.8
Continuous Duty to Operate
8
2.9
City's Sailing Program
8
2.10
Advisory Committee
8
2.41
Safe Neighborhood Park Bond
9
ARTICLE M
CONSIDERATION
3.1
Fee
9
3.2
Payment of Net Income
11
3.3
Additional Payments
12
3.4
Late Payments
12
3.5
Returned Check, Fee
12
3.6
Performance Deposit
12
3.7
Promotion of City
13
ARTICLE IV
COMM -UNITY SERVICES
4.1
Community Services
13
ARTICLE V
PROVIDER'S COVENANTS
5.1
Personnel
14
5.2
Annual Plan
14
5.3
Performance Review
16
r)94 0, 40
ARTICLE VI RECORDS AND AUDITING
6.1 Records Of Sale 17
6.2 Audit 17
ARTICLE VII LICENSES; COMPLIANCE WITH LAWS
7.1
Licenses And Permits
is
7.2
Compliance with Laws
18
ARTICLE VIII HAZARDOUS MATERIALS
8:1
Hazardous Materials
19
ARTICLE IX
ALTERATIONS AND IMPROVEMENTS
9.1
Initial Improvements
20
9.2
Operation During Construction
20
9.3
Removal of Existing Trailers
20
9.4
Alterations
21
9.5
Payment, Performance Bonds and Letters of Credit
21
9.6
Mechanics' Liens
72
9.7
Personal Property
23
9.8
Changes and Additions to Property
23
ARTICLE X CITY'S INSPECTION AND RIGHT OF ENTRY
10.1 Inspection by the City 23
10.2 City's Right of Entry 23
ARTICLE XI UTILITY CHARGES
11.1 Utilities 24
11.2 City Not Liable for Failure of Utilities 24
ARTICLE XII NO REPRESENTATION BY CITY
12.1 Condition Of Property 24
ARTICLE XIII MAINTENANCE AND REPAIR
13.1 Maintenance And Repair Of Property 24
13.2 Preventive Maintenance and Services 25
ARTICLE XIV INDEMNIFICATION AND INSURANCE
14.1 Indemnification 26
14.2 Insurance 27
14.3 Damage or Loss to Provider's Property 29
ARTICLE XV DESTRUCTION OF PROPERTY
15.1 Destruction Of Property 29
ARTICLE XVI ASSIGNMENTS AND SUBLETTING
16.1 Assignment And Subletting Of Property ... 30
16.2 Event of Bankruptcy 31
ARTICLE XVII OWNERSHIP OF IMPROVEMENTS
17.1 Ownership Of Improvements 31
ARTICLE XVIII SIGNAGE
18.1 Signs 32
ARTICLE XIX SPECIAL ASSESSMENTS AND TAXES
19.1
Special Assessments and Taxes
32
19.2
Appealing Ad Valorem Taxes
32
ARTICLE XX
DEFAULT
20.1
Events of Default - Provider
33
20.2
Remedies in Event of Default
34
20.3
Repeated Defaults
35
ARTICLE XXI NOTICES
21.1
Notice
35
ARTICLE XXH MISCELLANEOUS PROVISIONS
22.1
Ingress And Egress
36
22.2
Use Rights
36
22.3
City Approval
37
22.4
Successors and Assigns
37
22.5
Surrender of Property
37
22.6
Amendments
37
22.7
Construction of Agreement
37
22.8
Court Costs and Attorneys' Fees
37
22.9
Waiver of Jury Trial
37
22.10
Severability
38
22.11
Waiver
38
22.12
Captions
-38
22.13
Radon
38
3,2:
.t
ARTICLE XV DESTRUCTION OF PROPERTY
15.1 Destruction Of Property 29
ARTICLE XVI ASSIGNMENTS AND SUBLETTING
16.1 Assignment And Subletting Of Property 30
16.2 Event of Bankruptcy 31
ARTICLE XVII OWNERSHIP OF IMPROVEMENTS
17.1 Ownership Of Improvements 31
ARTICLE XVIII SIGNAGE
18.1 Signs 32
ARTICLE XIX SPECIAL ASSESSMENTS AND TAXES
19.1 Special Assessments and Taxes 32
19.2 Appealing Ad Valorem Taxes 32
ARTICLE XX
DEFAULT
20.1
Events of Default - Provider
33
20.2
Remedies in Event of Default
34
20.3
Repeated Defaults
35
ARTICLE XXI NOTICES
21.1
Notice
35
ARTICLE XXII MISCELLANEOUS PROVISIONS
22.1
Ingress And Egress
36
22.2
Use Rights
36
22.3
City Approval
37
22.4
Successors and Assigns
37
22.5
Surrender of Property
37
22.6
Amendments
37
22.7
Construction of Agreement
37
22.8
Court Costs and Attorneys' Fees
37
22.9
Waiver of Jury Trial
37
22.10
Severability
38
22.11
Waiver
38
22.12
Captions
38
22.13
Radon
38
'U- 624
•
22.14 No Recordation
22.15 Agreement Preparation
ARTICLE XXIII HOLDING OVER
23.1 Holding Over
ARTICLE XXIV AFFIRMATIVE ACTION
24.1 Affirmative Action
24.2 Nondiscrimination
ARTICLE XXV MINORITY PROCUREMENT
25.1 Minority/Women Business Utilization
ARTICLE XXVI ENTIRE AGREEMENT
26.1 Entire Agreement
ARTICLE XXVII APPROVAL BY OVERSIGHT BOARD
27.1 Approval By Oversight Board
EXHIBIT A
THE PROPERTY
EXHIBIT B
THE PREMISES
EXHIBIT C
DOCK AREA
EXHIBIT D
PARKING AREA
EXHIBIT E
DINNER KEY PICNIC ISLANDS
EXHIBIT F
VIRRICK GYM DEED
39
39
39
39
40
40
40
41
610,- 3124
•
MANAGEMENT AGREEMENT
is
This Management Agreement (hereinafter the "Agreement"), is made and entered into this
day of 2000 (the "Agreement Date"), by and between the City of Miami, a municipal
corporation of the State of Florida (hereinafter the "City") and Shake -A -Leg Miami, a non-profit
corporation (hereinafter the "Provider"), (hereinafter collectively referred to as the "Parties").
WITNESSETH
WHEREAS, the Provider has been utilizing a portion of the City -owned real property located at --
2600 South Bayshore Drive, Miami, Florida, since 1990 for the purpose of teaching sailing, navigation
regulations, water safety and other allied subjects to handicapped individuals, youth groups, and the
general public; and
WHEREAS, the City is desirous of having the Provider continue. providing those public services;
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained to be observed and performed, the parties hereto do hereby covenant and agree as follows:
ARTICLE I
DESCRIPTION AND TERM
1.1 Description Of Property
The City owns and/or has under its jurisdiction and control certain lands and facilities located at
2600 South Bayshore Drive, Miami, Florida, as more particularly described in Exhibit "A'.1 attached
hereto and made a part hereof (the "Property"). The Provider is hereby permitted the use a portion of the
Property (the "Premises"), as depicted in Exhibit "B" attached hereto and made a part hereof, including
the improvements to be constructed thereon in accordance with Section 9.1 herein for the specific
purposes hereinafter described and, subject to all of the terms and conditions contained herein. The
Parties agree that Exhibit "B" hereof shall be amended upon completion of the construction of the
improvements on the Premises, to more accurately reflect the Premises. For the purposes of this
Agreement, any reference to the "Property" shall be deemed to include the Premises and Dock Area, as
hereinafter defined.
1.2 Dock Area
The Provider shall manage and have the non-exclusive right to use the boat ramp and public
docks as depicted in Exhibit "C" attached hereto and made a part hereof (the "Public Docks"). Prior to
the completion of the Initial Improvements, as defined in Section 9. 1, the City shall take any steps to
improve the boat ramp as determined necessary by the City's architect. Except as provided in Section
2.9 herein, the Provider shall have exclusive right to tie its vessels to the docks depicted as the "Sailboat
Docks" in Exhibit "C" attached hereto and made a part hereof. Said Public Docks and Sailboat Docks
shall be collectively referred to as the "Dock Area". The Provider may utilize the Dock Area for the
purposes described in this Agreement, subject to such rules and regulations as the City may establish
from time to time.
1.3 Parkin
The Provider shall have the non-exclusive use of the Parking Area as shown in Exhibit "D"
attached hereto and made a part hereof (the "Parking Area") subject to the provisions of Section 9.8
hereof. The Provider shall be assigned five (5) parking spaces for its employees and volunteers for one
hour before and one hour after the Provider's Required Operating Hours, as defined below.
1.4 Dinner Key Picnic Islands
The Parties acknowledge that the Provider is interested in utilizing the Picnic Islands as depicted
in Exhibit "E" attached hereto and made a part hereof in connection with the Provider's programs. At
such time as the Provider elects to pursue the use of the Picnic Islands, the Provider shall provide written
notice to the Director of the City of Miami Parks and Recreation Department (the "Parks Director"). The
Provider's request shall provide a description of the operations proposed to take place on the Picnic .
Islands and any improvements required for its use. The Parks Director shall then request a City
Commission review of such request. If approved by the City Commission, the Provider, at its sole cost
and expense, shall be required to obtain the necessary approvals from all governmental and regulatory
authorities having jurisdiction over such use. Any improvements required for the Provider's use of the
Picnic Islands shall be performed in accordance with Section 9.4 herein.
2 C " 4
l .5 Term of Use and Conditions Precedent
The term of this Agreement shall be for an eight (8) year period (hereinafter the "Term")
commencing on the Commencement Date, as hereinafter defined, and expiring eight (8) years thereafter,
unless sooner terminated as provided herein. The Commencement Date shall be the date on which all the
following conditions precedent (the "Conditions Precedent") have been met:
a) Full execution of the Management Agreement -between the City and the YMCA of Greater
Miami (hereinafter the "YMCA") for the YMCA's management of the Virrick Gym
(hereinafter the "YMCA Agreement"). .
b) Written confirmation from the City that the items (i) through (iv) of the Conditions Precedent
as provided in the YMCA Agreement have been met.
c) Written concurrence of this Agreement and the transactions contemplated herein, or other
acknowledgment that this Agreement and the transactions contemplated herein, are not in
violation of the deed restriction placed on the Property, from the United States Department of
Interior. In no event shall the City be required to incur any cost in connection with such
concurrence or acknowledgment from the United States Department of Interior.
d) In the event the United States Department of Interior imposes any restrictions, conditions or
exceptions with respect to its approval of this Agreement, the Provider shall have provided to
the Citywritten acknowledgment of its acceptance of said restrictions, conditions or
exceptions.
e) The Provider shall have submitted to the City proof satisfactory to the Parks Director that
funds are available to construct the Initial Improvements as provided for in Section 9.1
herein.
f) The Provider shall have deposited with the City all funds necessary to complete the design
and construction of the Initial Improvements in accordance with Section 9.1 herein other than
Safe Neighborhood Park Bond funds. Said funds shall be non-refundable unless this
Agreement is declared null and void resulting from the failure of any Condition Precedent as
hereinafter provided.
g) All applicable building permits for construction of the Initial Improvements as provided for
in Section 9.1 herein shall have been issued.
h) The City must own and/or control the use of the Property including the Dock Area.
i) The Parks Director shall have reviewed and approved the activities and services to be
provided hereunder and the Fees as defined in Section 2.7 herein.
3 Z
j) The Parks Director shall have reviewed and approved the Required Operating Hours as
defined in Section 2.9 herein.
k) The Parks Director shall have reviewed and approved all items required under Section 5.2
hereof.
In the event the Commencement Date does not fall on the first day of a calendar month, the
Commencement Date shall be adjusted to be the first day of the following calendar month.
In the event any of the above conditions are not satisfied on or before twelve (12) months from
the Agreement Date, this Agreement shall be deemed null and void. The Provider will hold the City
harmless from any and all costs and expenses related to this Agreement. The City Manager shall have the
option, at his sole discretion, to extend the twelve (12) month deadline provided above.
1.6 Option to Extend
This Agreement may be extended for two (2) additional six (6) year periods upon the same terms
and conditions contained in this Agreement (as the same may be amended from time to time) which terms
and conditions may be modified by the mutual agreement of the Parties (hereinafter the "Additional
Terms"), provided that the Provider complies with the following conditions:
1. The Provider has delivered written notice of its intent to extend the Agreement to the City
Manager six (6) months in advance of expiration of the Term or of the first Additional Term,
but no earlier than nine (9) months prior to the expiration of the Term or the first Additional
Term (the "Option Request").
2. No event of default, as defined in the Article of this Agreement entitled "Default", exists at
the time of receipt of the Option Request.
3. The Service Audit, as hereinafter defined, has shown that the Provider's services have been
found to be satisfactory.
Upon receipt of the Option Request, the Parks Director shall conduct an audit of the Provider's
compliance with the provisions of this Agreement (the "Service Audit"), which may include, but will not
be limited to, a review of the following:
1. The Provider's adherence to and performance of all covenants, agreements and other
obligations on its part hereunder.
2. The Provider's income statement for the previous years of operation to ensure the Provider
can continue to perform all covenants, agreements and other obligations as contained in this
Agreement in a fiscally sound manner;
4 'rJ6
•
•
3. The Provider's substantial accomplishment of its goals and objectives as outlined in its
Annual Plan approved by the City in accordance with Section 5.2 herein.
Such Service Audit shall be completed within ninety (90) days of receipt of the Provider's Option
Request. Based upon the findings of the Service Audit and the Provider's compliance with all of the
aforementioned conditions, the Parks Director shall make a recommendation to the City Commission to
approve or deny the Option Request, along with suggested modifications to the terms and conditions of
this Agreement, if any, as may be agreed to by the Parties. In the event the Provider has complied with
all of the aforementioned conditions, the Option Requestshall be placed on the next available City
Commission agenda for Commission review and approval, which approval shall not be withheld unless
four-fifths of the City Commission members vote to withhold such approval.
In the event any option to extend the original Termor any additional Term of this Agreement is
exercised, the City will retain the Deposit provided for in Section 3.6 hereof, for the same purposes as
described therein. The original Term and .any Additional Term once exercised shall be collectively
referred to as the "Term".
ARTICY.F. TT
PURPOSE
2.1 Purpose
The purpose of this Agreement is to have the Provider utilize the Premises and the Dock Area to
serve primarily as a public recreation center and provide recreational and educational opportunities to the
City of Miami residents, organized youth groups, disadvantaged sectors of the public, organized
community groups and the general public. The Provider shall ensure that the Premises and the Dock
Area and all the Provider's activities generated thereon, or activities resulting from or relating to the
Provider's use of the Premises and/or Dock Area, will be available to all segments of the community
including the physically disabled and financially disadvantaged.
The Provider shall operate, manage, supervise and administer the Premises and Dock Area, as an
independent contractor and not as an employee of the City, for the purpose of providing, on a non-
exclusive basis, public water recreational activities which may include from time to time: group and
private instruction, lectures, clinics, classes and special events regarding sailing, kayaking, fishing, water
safety, and scuba/snorkeling, and no other purpose whatsoever, subject to the limitations contained in this
Agreement. The Provider may request written consent from the City Manager to use the Premises and
Dock Area for any other use, but shall not be authorized to use the Premises or the Dock Area for that use
5 did- X24
until the Provider has received the written consent of the City Manager, which consent may be
conditioned or withheld in the City Manager's sole discretion.
This Agreement and all rights of the Provider hereunder shall, at the option of the City, cease and
terminate, in accordance with the provisions and requirements of Article XX, in the event that the
Provider ceases to use and operate the Premises and/or the Dock Area for the purposes provided herein.
Nothing herein shall restrict the Provider from using vending machines for the sale of food and
beverage items. The sale, distribution and/or consumption of alcoholic beverages at the Property is
prohibited unless expressly authorized by the Parks Director in connection with a Special Event.
The use of jet skis and other similar watercraft is hereby prohibited.
2.2 Commercial Activities Within the Property
The Provider shall be required to receive the City Commission's prior written approval to provide
commercial activities that are ancillary to the Provider's use of the Property. Such approval may be
conditioned or withheld for any or no reason whatsoever, including a condition to pay additional
consideration to the City.
2.3 Special Events
The City shall have the sole authority and responsibility for issuing permits (the "Park Permit"),
and for collecting fees in connection therewith and establishing permittee liability insurance
requirements, to utilize the Property for Special Events. Any inquiries to the Provider for a Special Event
should be referred to the Parks Director. The Parks Director shall consult with the immediately adjacent
property owners and entities for the. purpose of informing them of the requested Special Event and
obtaining their input. The Parks Director, in his sole discretion, may issue a Park Permit for the requested
Special Event. In the event the City issues a Park Permit, the City shall have the sole responsibility to
clean the Property and repair any damages resulting from the Special Event, or cause same to be cleaned
and repaired. If the Special Event is held after the Required Operating Hours (as hereinafter defined),
the City shall ensure that the Property is secure at the conclusion of the Special Event.
For purposes of this Agreement, the term "Special Events" shall mean activities at the Property,
which exceed the scope of the regular program activities, which are conducted at the Property. The
Provider shall be required to obtain a Park Permit for any of the Provider's Special Events. The Provider
shall not be required to pay the permit fee associated with any Park Permit but shall be required to pay
0,U- 32
any and all other costs associated with the issuance of the Park Permit including, but not limited to, the
cost of additional insurance, off-duty police, fire -rescue services or cleanup services related to the Special
Event. For the purpose of facilitating the planning of Special Events, the Provider may submit a list of all
planned Special Events for a one-year period at the same time it submits its Annual Plan to the City in
accordance with Section 5.2 herein, thereby requesting the advance issuance of Park Permit(s) for such
Special Events.
2.4 Operations
The Provider shall conduct its operations in an orderly manner reasonably intended not to disturb
or be offensive to customers, patrons or others in the immediate vicinity of such operations.
The Provider expressly acknowledges that the waters in the area around the Property are heavily
traveled. The Provider shall instruct its employees, invitees and guests on how to operate a vessel safely
in such conditions and as to those conditions that may require a vessel to be towed or motored to a less
congested area before sailing.
In the event the Parks Director makes a determination that a modification of the Provider's water
based activities may be reasonably necessary in order to maintain the safety of boaters in the area
including, but not limited to, a requirement that vessels be towed or motored in the area between the
shoreline of the Property and docks in the immediate vicinity of the Property when weather or traffic
conditions require, the Parks Director shall communicate such determination to the Provider. In such
event, the Parties shall mutually determine the steps that are required toproperly maintain the safety of
boaters in the area. In the event the Parties cannot agree on the steps to be taken, the Provider agrees that
the Parks Director's determination will be accepted as final.
2.5 Rules And Regulations
The Provider agrees to comply with all the rules and regulations that may be promulgated by the
Parks Director for the use and operation of the Property, as the same may be amended from time to time
in the Parks Director's reasonable discretion.
2.6 Charges For Services
Prior to the Commencement Date, a schedule of the Provider's proposed fees (the "Fees") for
services shall be provided to the Parks Director for approval. Such Fees shall be comparable to those of
similar facilities for similar services. The Provider shall continue its efforts to provide scholarships and
other assistance to individuals who would otherwise be unable to pay the Fees for services due to
7 06—
o44
Financial limitations. Any proposed modification of the Fees must be submitted to the Parks Director for
prior written approval, which approval will be deemed granted unless the Parks Director objects to such
proposed Fees in writing no later than thirty (30) days after receipt of the proposed Fee modification.
2.7 Additional Limitations And Restrictions On Provider's Use Of Property
Only minor repairs and servicing of the Provider's boats shall be permitted on the Premises. All
such repairs and servicing shall be done on south side of the existing Virrick Gym building in the area
depicted as "Boat Storage/Maintenance" in Exhibit "B" attached hereto. The Property shall not be used
for the purpose of major maintenance or overhauling of any boat or craft. There shall be no sale or
dispensing of fuel on the Property. The Parks Director shall have the sole discretion to determine
whether repairs and services are "minor" in nature.
2.8 Continuous Duty To Operate
Except where the Property is rendered untenantable by reason of fire, act of God, or other
casualty, the Provider shall at all times during the Term or any Additional Term hereof (i) occupy the
Property; (ii) continuously conduct operations on the Property in accordance with the terms of this
Agreement; (iii) at all times keep the Property fully stocked with materials, trade fixtures and furnishings
necessary and proper to operate the Property and (iv) keep the Property open for operation during hours
established from time to time and approved by the Parks Director, which approval shall not be
unreasonably withheld (hereinafter the "Required Operating Hours").
2.9 _ City's Sailing Program
Notwithstanding anything in this Agreement to the contrary, the Provider acknowledges that the
City may operate a sailing program at the Property, which may be a seasonal or year-round operation.
The'Provider agrees to provide a portion of the Premises and the Sailboat Docks for use by the City in
connection with the City's sailing program. The Provider and the Parks Director shall mutually agree as
to the portion that shall be made available for such purpose.
2.10 Advisory Committee
The City anticipates creating a Virrick Gym Advisory Committee (the "Advisory Committee") to
provide input and advice as to the management and operation of the Property. The Provider agrees that
upon the creation of the Advisory Committee, the City reserves the right, but not the obligation, to submit
all items requiring the City's review and/or approval to the Advisory Committee in order to obtain its
8
60- '04
feedback and recommendations. Additionally, the Provider agrees to use its best efforts to make such
changes to its programs and operations, in a timely manner, as may be requested by the Advisory
Committee from time to time.
2.1 1 Safe Neighborhood Park Bond
The Provider acknowledges that the reconstruction of the Property is beingprimarily funded with
Safe Neighborhood Park Bond Funds. The Provider agrees to perform, at its sole cost and expense, any
and all obligations_ required of the City as a result of the use of these funds, as said obligations apply to
the Premises and the Dock Area.
ARTICLE III
CONSIDERATION
3.1 Fee
The Provider agrees to pay to the City an annual administrative fee of five hundred dollars
($500.00), plus State of Florida Sales and Use Tax, if applicable, which shall be paid in advance and in
full on the first day of each Agreement Year, without notice or demand (hereinafter the "Annual Fee").
Payments shall be made payable to "City of Miami" and shall be mailed to City of Miami, Department of
Finance, Rental Collections, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, or such other address
as may be designated from time to time. For put -poses of this Agreement, the term "Agreement Year"
shall mean any period of time consisting of twelve (12) consecutive calendar months commencing on the
Commencement Date and each anniversary thereafter.
The Parties agree that the Property is being operated for the purpose of providing recreational and
educational activities for the public. The Provider agrees that except as otherwise provided herein,
revenues generated at the Property shall be spent for the operation, maintenance, and improvement of the
Property or allocated and held in reserve for the future operation, maintenance and improvement of the
Property.
The Provider agrees to pay to the City 50% of the Net Income, as hereinafter defined, plus State
of Florida Sales and Use Tax, if applicable (the "Net Income Payment"). The term "Net Income" shall
mean the Gross Revenues, as defined herein, of each Fiscal Year, as defined herein, less any expense or
reserve approved by the Parks Director in accordance with Section 5.2 of this Agreement excluding those
expenses paid or reserves set aside from sources other than Gross Revenue. The Provider shall be
responsible for any and all operational losses resulting from its operations hereunder.
•
For purposes of this Agreement, the term "Gross Revenues" shall include the following:
(a) All revenue from program fees and membership dues;
(b) All revenue derived from advertising and sponsorships conducted on the Property;
(c) All revenue from sales, rentals, and services (including but not limited to pay telephones,
vending machines, and entertainment devices both for cash and on credit) rendered on the
Property;
(d) All revenue received by the Provider in connection with the use of the Property, any facility
thereon, or any portion thereof for any period of time, including without limitation, Special
Events, banquets, concerts, tournaments, receptions and parties held on or initiated from the
Property;
(e) All revenue from motion pictures, commercial filming purposes or commercial photographic
purposes held on or initiated from the Property.
(f) All grants, subsidies, rebates, credits or similar benefits received from any federal, state,
regional or local governmental body, agency, authority, department or organization which
revenues are restricted for the use by the Provider at the Property or for improvements to the
Property.
(g) All donations and contributions, which are restricted for, use at the Property or for
improvements to the Property.
No deduction from Gross Revenues shall be allowed for direct or indirect discounts, rebates or
other reductions on sales or services, unless generally offered to employees or the public on a uniform
basis.
Gross Revenues shall not include the following:
1. The amount of any sales, use or gross sales tax imposed by any federal, state or governmental
authority directly on sales and collected from customers, provided that such tax is added to
the selling price therein and paid by the Provider to such governmental authority.
2. Insurance proceeds;
3. Monies collected ,from events for charities in which the total amount collected is paid to the
charitable sponsor;
4. All gratuities paid to employees;
5. Any donations or contributions which are given for Provider's use on an unrestricted basis.
10 U
6. All grants, subsides, rebates, credits or similar benefits from any federal, state, regional or
local governmental body, agency, authority, department or organization which revenues are
given to the Provider on an unrestricted basis.
Gross Revenues, whether for cash, credit, credit cards or otherwise, shall be recognized in the
accounting period in which the service was provided or sale took place. Payments received in advance
are deferred and shall be recognized as revenue in the accounting period in which the service is rendered
or sale takes place. Grants shall be recorded as income during the period designated by the grants or
when the Provider has incurred expenditures in compliance with the restrictions of the grantor. If a sale
is by credit card no deduction shall be allowed for any commission associated with such sale.
Gross Revenues shall be reduced by the amount of any refund made upon any sale in or from the
Property, not to exceed the sale amount previously included in Gross Revenue, where the sale is
thereafter returned by the purchaser and accepted by the Provider. If such refund is in the form of a
credit to the customer, such credit shall be included in the calculation of Gross Revenues when used by
the customer.
The Provider, in its sole discretion, shall be permitted to spend grants, subsides, rebates, credits
or similar benefits, donations and contributions, as more particularly described in Subsection 3.1(f) and
(g) above, for use at the Property or to place said monies in reserve for future use by the Provider at the
Property. Any monies remaining in reserve at the end of the Term or any Additional Term shall be paid
to the City for future maintenance of and operations at the Property.
For purposes of this Agreement, the term "Fiscal Year" shall mean each consecutive twelve-
month interval commencing on October 1st and expiring September 30th
3.2 Payment of Net Income
The Provider shall deliver to the City a written report of its Net Income, on forms approved by
the City, within sixty (60) days of the end of each Fiscal Year. This report shall be signed by Provider
certifying to the accuracy of such Net Income and shall be sent to the City along with its Net Income
Payment, if then due. In the event the Commencement Date occurs after the commencement of a Fiscal
Year, the Net Income Report shall be due on the date set forth above for the period from the
Commencement Date to the end of the Fiscal Year.
Payments shall be made payable to "City of Miami" and shall be mailed to the City of Miami,
Department of Finance, Rental Collections, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, or
such other address as may be designated by the City Manager in writing from time to time.
3.3 Additional Payments
In addition to the Annual Fee and Net Income Payment, all other payments or charges payable by
the Provider, however denoted, are called "Additional Payments".
3.4 Late Payments
Any payment made by the Provider for any fee or charge required to be paid under the provisions
of this Agreement, which is not received by City within ten (10) days after same shall be due, shall be
subject to a late fee equal to five percent (5%) of the amount due (hereinafter the "Late Fee").
Acceptance of such Late Fee by the City shall not constitute a waiver of the Provider's violation(s) with
respect to such overdue amount nor prevent the City from the pursuit of any remedy to which the City
may otherwise be entitled.
3.5 Returned Check Fee
In the event any check is returned to the City as uncollectible, the Provider shall pay to the City a
returned check fee (the "Returned Check Fee") based on the following schedule or the maximum amount
permitted by law, whichever is greater:
Returned Amount
$00.01 - 50.00
$50.01 - 300.00
$300.01 - 800.00
OVER $800
Returned Check Fee
$20.00
$30.00
$40.00
5% of the returned amount.
The Returned Check Fee shall constitute Additional Payments due and payable to. the City by the
Provider. Acceptance of Returned Check Fee by the City shall not constitute a waiver of the Provider's
violation(s) with respect to such overdue amount nor prevent the City from the pursuit of any remedy to
which the City may otherwise be entitled.
3.6 Performance Deposit
Simultaneously with the execution of this Agreement, the Provider shall deposit with the City the
sum of one thousand five hundred dollars ($1,500) (the "Deposit") in guarantee of the full and faithful
performance by the Provider of all obligations of the Provider under this Agreement or in connection with
this Agreement. If the Provider has caused an Event of Default to occur, as defined in the Article of this
Agreement entitled "Default", the City may use, apply or retain all or any part of the Deposit for the
payment of (i) any fee or other sum of money which is due from the Provider hereunder, (ii) any sum
12- jz4
expended by the City on the Provider's behalf in accordance with the provisions of this Agreement, or
(iii) any. sum which the City may expend.or be required to expend as a result of the Provider's violation.
The use, application or retention of the Deposit or any portion thereof by the City shall not prevent the
City from exercising any other right or remedy provided for under this Agreement or at law or in equity
and shall not limit any recovery to which the City may be otherwise entitled. At any time or times when
the City has used or applied all or any part of the Deposit as provided above, the Provider shall deposit
with the City, to replenish the Deposit, the sum or sums equal to the amounts so applied by the City
within ten (10) days of written notice by the City.
3.7 Promotion of the City
The Provider acknowledges the benefits afforded to it by the City's providing the Property for
use for the Provider's operations, and shall provide recognition of the City of Miami, in a manner
reasonably satisfactory to the City, in all its marketing, advertising and promotional materials including
those materials used for Special Events.
ARTiC lr.F. TV
COMMUNITY SERVICES .
4.1 Communitv Services
To enhance the public purpose and the benefit to disabled residents in the watersport recreational
facilities afforded under this Agreement, and to verify the commitment of the Provider to said public
purpose, each year the Provider shall donate recreation, instruction, training and physical conditioning
services, including the use of specialized watercraft and/or other recreational equipment for participants
in City programs. The Provider's donation shall include, at a minimum, sailing activities at least four
hours per day, one day a week, during the City's Spring Break Recreation Program and the City's
Summer Recreation Program, for a minimum of twenty-five (25) participants. The Provider shall also
donate program hours to be used in connection.with the City's Parks Department's Disability Program
and the City's Police Athletic League program.
Prior to the Commencement Date and on each July 1st thereafter, the City shall submit to the
Provider a schedule of its programming needs for participants in City programs or shall otherwise obtain
permission of the Provider in advance of any use of services or training for City participants. This
schedule may be modified upon the mutual consent of the parties. The City shall provide supervision for
its participants as may be requested by the Provider.
13 324
Neither Warty shall be liable to the other Party for acts of God which require the cancellation,
rescheduling or modification of activities.
The City acknowledges the Provider's active participation in providing services to the community
and considered the same in granting this Agreement. The City encourages the ,Provider to continue to
provide such services to serve primarily the residents of the City of Miami:
ARTICLE V
PROVIDER'S COVENANTS
5.1 Personnel
The Provider shall be required to furnish one full-time designated manager experienced in the
operation and control of the type of operations to be performed hereunder, delegated with sufficient
authority and responsibility to insure proper use and operation of the Premises and Dock Area in
compliance with this Agreement.
The Provider shall require,the designated manager to remain on site and in charge during
scheduled activities. The manager must be easily identifiable by some item of uniform, and available to
take telephone calls during scheduled activities.
The Provider shall employ, train, pay, supervise and discharge all personnel necessary for the
operation of the Property. All such persons who are employed by the Provider shall be the employees of
the Provider and every person performing services in connection with this Agreement, including
subcontractors, volunteers or employees of Provider, or any agent or employee of the Provider hired by
the Provider, shall be acting solely on behalf of the Provider. The City shall not be liable for their
compensation or for the consequences of any act or omission on the part of any of them.
5.2 Annual Plan
As a Condition Precedent to the commencement of this Agreement, and on each June I st during
the Term and any Additional Term hereof, the Provider shall prepare and present, in a form acceptable to
the Parks Director, the following items for the upcoming Fiscal Year for the Provider's operations at the
Property, for the review and approval of the Parks Director (hereinafter collectively referred to as the
"Annual Plan"):
i. A description of programs and activities and their related policies, rules, procedures and
objectives;
ii. A description of staffing and supervision and responsibilities of each staff member;
�.�
14
iii. A. budget of Provider's recommended repairs, renewals, revisions, rebuilding,
replacements, substitutions and improvements to the Property, the furnishings and
equipment which are of a capital nature, and a Schedule of Sources and Applications of
Funds (in reasonable detail) relating thereto (the "Capital Budget"). The Schedule of
Sources and Applications of Funds shall be subject to the approval of the City prior to the
commencement of any such work in accordance with Section 9.1 of this Agreement. The
Capital Budget shall include a copy of the engineer's report prepared pursuant to Section
13.2 and an estimate for the cost of plans and specifications, material and labor;
iv. A description of the. Provider's general marketing strategy, including target population,
which the Provider intends to implement to optimize both short and long term
profitability of the Property;
V. A budget for the upcoming Fiscal Year ("Operating Budget") which budget shall include
a projected income and expense statement, a projected balance sheet and the projected
source and application of funds. More specifically, the proposed budget shall include,
but not be limited to, the following detailed projections:
1. Revenues by categories from all revenue sources associated with operations at the
Propertyand any inkind services;
2.Operating expenses for the Provider's services conducted at the Property;
3.Administrative costs;
4. Marketing, advertising and promotion expenses;
5. Utilities expense;
6. Repairs and maintenance expenses;
7.General Expenses;
8. Reserves for replacement and major repairs.
The Provider shall be permitted to incur an expense(s) in excess of the amount set forth
in the approved Operating Budget if:
a. such expenditure is expressly authorized in this Agreement; or
b. the Provider notifies the City reasonably in advance of any change in that portion of
the Provider's approved budget to which the excess expense relates; or
C. such expenditure is expressly authorized by the Parks Director; or
d. such expenditure is warranted by increased levels of business; or
e. such expenditure is required to meet emergency conditions and the Parks Director is
promptly advised thereof; or
15 1N — ID 0 i
C) 4
0
f. additional costs are incurred which were not reasonably foreseeable by the Provider;
or
g. such expenditure is not within the Provider's reasonable control.
5.3 Performance Review
The Provider shall transmit to the Parks Director, in writing, in a format acceptable to the Parks
Director, quarterly reports regarding current activities, progress of the Provider's activities,
accomplishment of objectives, and budget summary including revenues, disbursements, cash flow, debt
and contributions. The quarterly report shall include a budget variance analysis that compares the
approved Operating Budget to actual revenues and expenses to -date with explanations as to variances in
excess of five percent (5%). The Provider shall submit these quarterly reports to the Parks Director on or
before the dates set forth below:
Operating Period
Report Due Date
Oct 1 —'Dec 31
Feb 15
Jan 1 — Mar 31
May 15
Apr 1 — Jun 30
Aug 15
Jul 1 — Sep 30
Nov 15
The Provider shall submit to the Parks Director such additional reports as may be requested by
the Parks Director. The Provider shall prepare, in writing, in a form acceptable to the Parks Director, any
other reports or documentation that may be required by Federal, State or local directives. The Provider
shall use its best efforts to make such changes to its programs and operations, in a timely manner, as may
be requested by the Parks Director.
The City may carry out monitoring and evaluation activities, including visits and observations by
City staff and/or community surveys. The Provider shall ensure the cooperation of its employees and
officers in such efforts. Any inconsistent, incomplete or inadequate information received by the City in
the Provider's quarterly report or obtained by the City from its monitoring and evaluation activities, shall
constitute an Event of Default hereunder if: (1) not remedied by the Provider within ten (10)days of the
City's written notice to the Provider; or (2) if such matter is of a nature which can reasonably be expected
16 U X24
to take greater than ten (10) days to remedy, if efforts reasonably intended to remedy such matter are not
commenced within such ten (10) day period or, if so commenced, are later abandoned by the Provider.
ARTICLE VI
RECORDS AND AUDITING
6.1 Records Of Sales
During the Term and any Additional Term of this Agreement, the Provider shall maintain and
keep, or cause to be maintained and kept at the Premises, a full, complete and accurate daily record and
account of all Gross Revenues, other revenues, if any, and expenses arising or accruing by virtue of its
operations conducted at or related to the Property, including, but not limited to, any grants, donations,
foundation support, tournaments, Special Events and/or other contributions to the Provider.
All records and accounts including invoices, sales slips, bank statements or duplicate deposit slips
and all other supporting records, shall be available for inspection and/or audit by the City and its duly
authorized agents or representatives during the hours of 8:00 AM to 5:00 PM, Monday through Friday,
and shall be maintained in accordance with generally accepted accounting principles. The Provider shall
keep and preserve, or cause to be kept and preserved, said records for not less than sixty (60) months
after the expiration of this Agreement. For the same period of time, the Provider shall also retain copies
of all sales and tax returns covering its operations at the Property, and any other governmental tax or
other returns which show the Provider's sales therein, and shall, upon demand, deliver photographic
copies thereof to the City at no cost. The Provider will cooperate with the City's internal auditors (or
such other auditors designated by the City) in order to facilitate the City's examination of records and
accounts. The Provider agrees that all documents, records and reports maintained and generated
pursuant to this Agreement shall be subject to the provisions of the Public Records Law, Chapter 119,
Florida Statutes.
6.2 Audit
Provider shall deliver or cause to be delivered to the Parks Director within sixty (60) days after
the end of each Fiscal Year, a financial statement for the prior Fiscal Year for Provider's operations at the
Property, prepared and certified by an independent certified public accountant (the "CPA") employed at
Provider's sole cost and expense. In the event the Commencement Date falls between April 1st and
September 30th, the Provider shall not be required to file a certified financial statement for its first Fiscal
Year of operation at the Property until the end of the following Fiscal Year. If the Commencement Date
17 ki a�-1
falls between October 1st and March 31st, the Provider shall be required to submit a financial statement
for the Fiscal Year or portion thereof in accordance with the time frame set forth above. Said CPA shall
certify that he made a complete examination of the books, state sales tax returns, and federal income tax
returns of the Provider, and that the financial statement is prepared in accordance with generally accepted
accounting principles and practices and represents the Gross Revenue, other revenues, if any, and
expenses of the Provider for the period indicated therein.
Notwithstanding the above and during the sixty (60) month period described in the Section 6.1 of
this Agreement. entitled "Record of Sales", at its option, the City may cause, at its sole cost and expense, a
complete audit to be made of the Provider's business affairs, records, files, sales slips and sales tax
records in connection with the Provider's operations on, from or related to the Property for the period
covered by any financial statement, report or record furnished by the Provider to the City.
The Provider shall allow the City or the auditors of the City to inspect all or any part of the
compilation procedures for the aforesaid monthly reports. Records shall be available at the Property at
the Property, or such other location in Miami approved by the Parks Director Monday through Friday,
inclusive, between the hours of 8:00 AM and 5:00 PM at the Property.
ARTICLE VII
LICENSES; COMPLIANCE WITH LAWS
7.1 Licenses And Permits
The Provider shall, at the Provider's sole cost and expense, obtain any and all licenses and
permits necessary and in connection with the Provider's use and occupancy of the Property.
7.2 Compliance With Laws
The Provider hereby acknowledges that the Provider's compliance with all applicable laws,
ordinances and codes of federal, state and local 'governments, as they may apply to this Agreement,
including, but not Limited to, building codes and zoning restrictions, is a condition of this Agreement. The
Provider shall comply therewith as the same presently exist and as they may be amended hereafter. The
Provider has received and reviewed a copy of the Deed attached hereto as Exhibit "F", and agrees to
comply with all requirements and restrictions contained therein.
U4
18 ��Fr
•
ARTICLE VIII
HAZARDOUS MATERIALS
8.1 Hazardous Materials
•
The Provider shall, at its sole cost and expense, at all times and in all respects comply with all
federal, state and local laws, statutes, .ordinances and regulations, rules, rulings, policies, orders and
administrative actions and orders ("Hazardous Materials Laws"), including, without limitation, any
Hazardous Materials Laws relating to industrial hygiene, environmental protection or the use, storage,
disposal or transportation of any flammable explosives, toxic substances or other hazardous,
contaminated or polluting materials, substances or wastes, including, without limitation, any "Hazardous
Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic Substances", under any such laws,
ordinances or regulations (collectively "Hazardous Materials"). The Provider shall, at its sole cost and
expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and
other governmental and regulatory approvals relating to the presence of Hazardous Materials within, on,
under or about the Property required for the Provider's use of any Hazardous Materials in or about the
Property in conformity with all applicable Hazardous Materials Laws and prudent industry practices
regarding management of such Hazardous Materials. The City recognizes and agrees that the Provider
may use such materials in quantities appropriate for its use of the Premises and the Dock Area, for the
purposes stated herein and that such use by the Provider shall not be deemed a violation of this Section so
long as the levels of use of such materials are not in violation of any Hazardous Materials Laws. Upon
termination or expiration of this Agreement, the Provider shall, at its sole cost and expense, cause all
Hazardous Materials, including their storage devices, placed in or about the Property by the Provider or at
the Provider's direction, to be removed from the Property and transported for use, storage or disposal in
accordance and compliance with all applicable Hazardous Materials Laws. The City acknowledges that it
is not the intent of this Article VIII to prohibit the Provider from operating in the Premises and the Dock
Area for the uses described in the Section of this Agreement entitled "Purpose Of Use And Occupancy Of
Property". . The Provider may operate according to the custom of the industry so long as the use or
presence of Hazardous Materials is strictly and properly monitored according to, and in compliance with,
all applicable governmental requirements. The requirements of this Section of the Agreement shall
survive the expiration or termination of this Agreement.
19 0� a
ARTICLE IX
ALTERATIONS AND IMPROVEMENTS
9.1 Initial Improvements
The City shall design and construct on the Premises a two-story building (the "Initial
Improvements") for the use and occupancy of the Provider. The City shall provide funds in the amount
of $298,000 towards the construction of the Initial Improvements. The Provider, at its sole cost and
expense, shall provide or cause to be provided the balance. of the funds necessary to design and complete
construction of the Initial Improvements, including the .installation of all furnishings and equipment
required for operation --of _the Provider's programs. On or prior to the Commencement Date of this
Agreement, the Provider shall deposit with the City the balance of the funds necessary to complete the
design and construction of the Initial Improvements based upon a cost -estimate prepared by the City's
architect. In the event of cost overruns, the Provider shall deposit with the City, within thirty (30) days of
notice from the City, such additional funds as may be necessary to complete -the design and construction
of the Initial Improvements. Notwithstanding the above, the City will assistthe Provider in obtaining
such additional funding by sponsoring or co -sponsoring grant applications, if necessary.
9.2. Operation During Construction
The Provider shall continuously, and without interruption, operate at a temporary location to be
determined by the City throughout the design and construction period for the Initial Improvements. Upon
the City's determination of the Provider's temporary location, which may include the relocation of an
existing trailer to an alternative site on the Property or to another mutually agreed upon location, the
Provider will immediately relocate at its sole cost and expense. In the event it becomes necessary for the
Provider to suspend operations for its relocation, the Provider will request a suspension in operations for
a reasonable period of time. Upon completion of its relocation, the Provider will ' resume normal
operations.
9.3 Removal of Existing Trailers
Upon notification by the Parks Director, the Provider shall, at its sole cost and expense, remove
the existing trailers located on the Property and restore the Property to good condition as determined by .
the Parks Director in his reasonable discretion. If any part of the Property is damaged by the removal of
such items, said damage shall be repaired by the Provider at its sole cost and expense. Should the
Provider fail to repair any damage caused to the Property within fifteen (15) days after receipt of written
notice from City directing the required repairs, the City may terminate this Agreement as provided in
20 �- 9-1
j24
Article XX hereof or cause the Property to be repaired at the sole cost and expense of the Provider. The.
Provider shall pay to the City the full cost of such repairs within fifteen (15) days of receipt of an invoice
indicating the cost of such required repairs. .Failure to pay such invoice shall constitute an Event of
Default
9.4 Alterations
In the event that the Provider desires to make or cause to be made any construction, repair,
alteration, addition, deletion, partition or change to the Property (hereinafter collectively called
"Alterations"), the Provider shall submit for prior approval by the Parks Director detailed plans and
specifications of the proposed Alterations and proof of funding and/or its financing plans. The Provider
shall be solely responsible for applying and acquiring all necessary building and zoning permits,
including, but not limited to, a Class II permit. The Provider shall be responsible for any and all costs
associated with any Alterations including, but not limited to, design, construction, installation and
permitting costs. All Alterations to the Property, whether or not by or at the expense of the Provider,
shall, unless otherwise provided by written agreement of the Parties hereto, immediately upon their
completion become the property of the City and shall remain and be surrendered with the Property.
Notwithstanding the above, any Alteration which proposes to change the footprint of any building
within the Property, from that which is contained in Exhibit"A" attached hereto and made a part hereof,
will require the prior consent of the City Commission.
All Alterations must be in compliance with all statutes, laws, ordinances and regulations of the
State of Florida, Miami -Dade County, City of Miami and any other agency that may have jurisdiction
over the Property as they presently exist and as they may be amended hereafter.
All equipment and personal property used by the Provider at the Property shall be of good quality
and suitable for its purpose. The Parks Director shall have the right to require substitute equipment or
personal property or additional equipment or personal property when such action is deemed necessary or
desirable in his reasonable discretion.
The Provider agrees that the final decision as to the age, condition, design and acceptability of
Alterations and equipment, furnished for installation and use, shall be made by the Parks Director in his
sole discretion.
9.5 Payment, Performance Bonds And Letters Of Credit
No construction shall commence on the Property until the Provider has written approval from the
Parks Director. The City, at its sole discretion, may mandate that the requested construction be secured
21 ' S`
by means of a performance bond or letter of credit (hereinafter "L.C.") in the amount of one hundred
twenty-five percent (125%) of the total construction cost, or in such other amounts as may be designated
by the Parks Director. The Provider shall be responsible for maintaining or causing to be maintained said
bond or L.C. in full force and effect throughout the construction period. Any bond or L.C. provided to
the City hereunder shall be issued by insurance and surety companies or banks acceptable to the City and
duly qualified to transact such business in the State of Florida and shall be subject to form and substance
approval by the Parks Director.
9.6 Mechanics' Liens
The Provider shall not permit any mechanics' liens to be filed against the Property, against the
Provider's interest in the Property, or against any Alteration by reason of work, labor, services or
materials supplied to the Provider or anyone having a right . to use the Property. Nothing in this
Agreement shall be construed as constituting the consent or request of the City, expressed or implied, by
inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of
any labor or the furnishing of any materials for any specific Alteration, or repair of or to the Property nor
as giving the Provider the right, power or authority to contract for or permit the rendering of any services
of the furnishing of any materials that would give rise to the filing of any mechanics liens against the
City's interest in the Property. If any mechanics' lien shall at any time be filed against the Property, the
Provider shall cause it to be discharged of record within fifteen (15) days after the date the Provider has
knowledge of its filing. If the Provider shall fail to discharge a mechanics' lien within that period, then in
addition to any other right or remedy, the City may, but shall not be obligated to, discharge the lien either
by paying the amount claimed to be due or by procuring the discharge of the lien by deposit in court of
bonding, or in the event the City shall be entitled, if it so elects, to compel .the prosecution of any action
for the foreclosure of the mechanics' lien by the lienor and to pay the amount of the judgment, if any, in
favor of the lienor with interest, costs and allowances with the understanding that all amounts paid by the
City shall constitute Additional Payments due and payable under this Agreement and shall be repaid to
the City by the Provider immediately upon rendition of an invoice or bill by the City. Notwithstanding
the aforementioned, the Provider shall not be required to pay or discharge any mechanics' lien, and will
not be considered to have committed an Event of Default, as hereinafter defined, so long as (i) the
Provider shall in good faith proceed to contest the lien by appropriate proceedings, (ii)the Provider shall
have given notice in writing to the City of its intention to contest the validity of the lien, and, (iii) the
Provider shall furnish and keep in effect a surety bond of a responsible and substantial surety company
reasonably acceptable to the City or other security reasonably satisfactory to the City in an amount
22 GO— jz4
sufficient to pay one hundred ten percent of the amount of the contested lien claim with interest, costs and
expenses, including reasonable attorneys' fees, to be incurred in connection therewith.
9.7 Personal Property
The Provider shall have the right to remove any movable personal property that it places in or on
the Property. If any part of the Property is damaged by the removal of such items, said damage shall be
repaired by the Provider at its sole cost and expense. The Provider's failure to repair any damage caused
to the Property within fifteen (15) days after receipt of written notice from the City directing the required
repairs, shall constitute an Event of Default. The City may, however, elect to cause the Property to be
repaired at the sole cost and expense of the Provider. The Provider shall pay City the full cost of such
repairs within fifteen (15) days of receipt of an invoice indicating the cost of such required repairs.
9.8 Changes and Additions to the Property.
The City reserves the right at any time and from time to time to reasonably: (i) make or permit
changes or revisions in its plan for the Property, including additions to, subtractions from, rearrangements
of, alterations of, modifications of or supplements to the building areas, walkways, parking areas, or
driveways, (ii) construct other buildings or improvements on the Property and to make alterations thereof
or additions thereto, and (iii) change location, size, content and design of any signage for the Property.
ARTICLE X
CITY'S INSPECTION AND RIGHT OF ENTRY
10.1 Inspection by the City
The City shall have the authority to make periodic inspections of the Property and improvements
thereof, during normal working hours. The Provider, at its sole cost and expense, shall be required to
make any modifications in cleaning or maintenance methods reasonably required by the City.
10.2 City's Right Of Entry
The Provider agrees to permit the City to enter upon the Property at all reasonable times, for any
purpose City deems necessary to, incident to, or connected with the performance of the City's duties and
obligations hereunder or in the exercise of its municipal functions.
23�jf-MO-X
0
ARTICLE XI
UTILITY CHARGES
11.1 Utilities
The Provider, at its sole cost and expense, shall be responsible for all utilities rendered or
supplied upon or in connection with the Premises and Dock Area, including but not limited to, electricity,
telephone, water, gas, sewage disposal, stormwater fees, trash and garbage removal, as well as all costs
for installation of any lines and equipment necessary.
11.2. City Not Liable For Failure Of Utilities
The City shall not be liable for any failure of water supply, sewer, gas or electric current, or for
any injury or damage to any person or property caused by or resulting from any water, sewer, gas or
electricity which may leak or flow from the water, sewer or gas mains on to any part of the Property.
ARTICLE XII
NO REPRESENTATION BY CITY
12.1 Condition Of Property
The Provider takes the Property in its present "as is" condition and state of repair and without any
representation by or on behalf of the City, and agrees that the City shall not be liable for any latent, patent
or other defects on or in the Property.
At the expiration or earlier termination of the term of this Agreement, the Provider shall
surrender the Property "broom clean" and in good order and condition, ordinary wear and tear excepted.
ARTICLE XIII
MAINTENANCE AND REPAIR
13.1 Maintenance And Repair Of Property
The Provider shall, at its sole cost and expense, at all times during the Term and any Additional
Term hereof, provide all maintenance, including preventive maintenance, repairs, substitutions. and
replacements, as necessary, to the Premises and upon completion of the City's obligation to improve the
boat ramp as set forth in Section 1.2 of this Agreement, the Dock Area and every part thereof, including,
without limitation, air conditioning and heating systems, decoration, plumbing, mechanical, electrical,
fixtures, floor coverings, building interior and exterior walls, ceilings, elevator, structural, the pavement,
24 00— '9324
driveways, docks, boat ramp, window and roof repairs and replacements, plumbing, electrical and life
safety systems. The Provider shall not commit, or suffer to be committed, any waste in or upon the
Property or do.anything in or on the Property which, in City's.sole opinion, detracts from the appearance
of the Property. All maintenance, repairs or replacements shall be performed in a manner and level of
service satisfactory to the City.
13.2 Preventive Maintenance And Services
Except for the City's obligation to improve the boat ramp as set forth in Section 1.2 of this
Agreement, the Provider shall, at its sole cost .and expense, provide all preventive maintenance,
maintenance and services required for use of the Premises and the Dock Area, including, but not limited
to, the following:
(a) Cleaning and janitorial services for the Premises and the Dock Area seven (7) days a week;
(b) Heating, ventilation and air conditioning as required for the comfortable use and occupation
of the Premises;
(c) Water and sewage facilities;
(d) Electric current for normal use and light;
(e) Grounds services including lawn, shrub and tree maintenance and removal of any rubbish or
obstructions from the Premises and Dock Area;
(f) Elevator service (if appropriate);
(g) Interior and exterior window cleaning for the Premises to be performed as needed but no less
than once every one hundred and eighty (180) days;
(h) Vermin and pest control, as necessary, but no less than once every sixty (60) days;
(i) Garbage and trash disposal as required;
0) Painting of interior and exterior of buildings including caulking of all window and door
frames, painting of signs, if applicable;
(k) Reseal all wood docks and decks as necessary, but no less than once every two years;
(1) Maintenance of the public boat ramp including algae removal (upon completion of the City's
obligation to improve the boat ramp as set forth in Section 1.2 of this Agreement);
(m) Security as is required for similar facilities, except as otherwise provided herein relating to
Special Events.
In addition to the above, commencing during the second Fiscal Year following the Provider's
initial occupancy of the Initial Improvements, and biannually thereafter, the Provider, at its sole cost and
250— 3$4
expense, shall have a qualified engineer perform a physical inspection of the Premises and the Dock Area
including, but not limited to, all structural components, plumbing, life safety and mechanical equipment
as part of a preventive maintenance program and shall submit the engineer's report to Parks Director with
the proposed Capital Budget.
Upon the expiration or earlier termination of this Agreement as provided herein, all Revenues
held in reserve for the purpose of repairing, replacing or modifying those items specified in the Capital
Budget provided for above, which items are the property of the City, shall be deposited with the City
within sixty (60) days following the expiration or earlier termination of this Agreement. In the event
reserve funds are --less than the planned set-aside amount as provided in the -Capital Budget-, the reserve
funds shall be divided among the City and the Provider in a manner proportionate with the cost of the
items identified in the Capital Budget.
Nothing herein shall imply that maintenance, repair and inspections should be performed by the
Provider only as required hereunder. The Provider shall, at all times, be responsible for the condition of
the Premises and the Dock Area and shall perform repairs required in a timely manner so as to prevent
injury to persons and waste to the Premises and the Dock Area.
ARTICLE XIV
INDEMNIFICATION AND INSURANCE
14.1 Indemnification
The Provider shall indemnify, protect, defend and hold harmless the City, its officials and
employees, from and against any and all claims, suits, actions; damages or causes of action of whatever
nature arising out of the use or operation of the Property or the surrounding areas, whether such claim
shall be made by the Provider, or an employee, agent, contractor, invitee or guest of the Provider, an
employee, agent or official of the City or by any third party, and whether it relates to injury to persons
(including death) or damage to property and whether it is alleged that the City or its employees, agents or
officials were negligent. The Provider shall, at its own cost and expense, pay and satisfy all costs related
to any orders, judgments or decrees which may be entered thereon, and all costs, attorneys' fees,
expenses and liabilities incurred in and about the defense of any such claims and the investigation
thereof. The Provider shall also indemnify, defend, protect and hold City harmless from and against any
and all claims arising from any breach or default in performance of any obligation of the Provider's part
to be performed under the terms of this Agreement, or arising from any act, neglect, fault or omission of
the Provider, its employees, agents, contractors, invitees and guests, and from and against all costs,
26 O— J�`M
attorneys' fees, expenses and liability incurred in connection with any such claim or any action or
proceeding brought thereon. In case any action or proceeding shall be brought against the City by reason
of any claim, upon notice from the City the Provider shall defend the same at the Provider's expense by
counsel approved in writing by the City. The City reserves the right to defend itself.
The Provider shall immediately notify -the City, in writing, of any. claim or action filed, of
whatever nature, arising out of the use or operation of the Property by the Provider, its employees, agents,
contractors, invitees and guests. The Provider shall also immediately notify the City if the Provider
knows or has reason to believe a claim or action will be filed, of whatever nature, arising out of the use or
operation of the Property by the Provider, its employees, agents, -contractors, invitees and guests.
14.2 Insurance
The Provider, at its sole cost and expense, shall obtain and maintain in full force and effect at all
times throughout the Term and any Additional Term of this Agreement and through any periods of
extensions, the following insurance:
A. Commercial General Liability insurance on. a comprehensive general liability coverage
form, or its equivalent, including contractual liability, marina operators liability, products and completed
operations, personal injury and premises and operations coverages against all claims, demands or actions,
bodily injury, personal injury, death or property damage occurring in the Property with such limits as may
be reasonably requested by the City from time to time but not less than $1,000,000 per occurrence
combined single limit for bodily injury and property damage. The City shall be named as Additional
Insured on the policy or policies of insurance.
B. "All Risk" property insurance against loss or damage by fire, windstorm, flood with such
endorsement for extended coverage, vandalism, malicious mischief and special coverage, insuring 100%
of the replacement cost of the Initial Improvements (exclusive of excavations, foundations and footings),
including but not limited to, alterations, buildings, docks, boat ramp, improvements, fixtures, equipment,
furniture and all other personal property in and about the Property. Such policy may have a deductible
not to exceed $100,000. The City shall be named as a Loss Payee.
Notwithstanding the above, the Provider may request the City to procure the above referenced
"All Risk". property insurance excluding coverage of the Provider's personal property. The City shall not
be under any obligation to grant the Provider's request. However, in the event the City grants the
Provider's request, the City Manager and the Provider shall enter into an agreement which shall set forth
the terms and conditions for the City's procurement of the insurance under the City's Master Property
Insurance Program. Such terms and conditions shall include, but not be limited to, reimbursement to the
27 { ,�,
City for the cost of the premium, the Provider's responsibility to pay all deductibles and each Party's
entitlement, if any, to the insurance proceeds.
C. Automobile liability insurance covering all owned, non -owned and hired vehicles used in
conjunction with operations covered by this agreement. The policy or policies of insurance shall contain
such limits as may be reasonably requested by the City from time to time but not less than $500,000 for
bodily injury and property damage. The requirements of this provision may be waived upon submission
of a written statement that no automobiles are used to conduct business.
D. Worker's Compensation in the form and amounts required by Florida law.
E. The City reserves the right to amend the _insurance requirements by the issuance of a -
notice in writing to the Provider. The Provider shall provide any other insurance or security reasonably
required by the City.
F. ' The policy or policies of insurance required shall be so written that the policy or policies
may not be canceled or materially changed without thirty (30) days advance written notice to City. Said
notice should be delivered to the City of Miami, Department of Risk Management, 444 SW 2 Avenue,
9th Floor, Miami, FL 33130 with copy to City of Miami, Office of Asset Management, 444 SW 2
Avenue, 3rd Floor, Miami, FL 33130.
G. A current Evidence of Insurance and Policy of Insurance evidencing the aforesaid
required insurance coverage shall be supplied to the Office of Asset Management of the City at the
commencement of the term of this Agreement and a new Evidence and Policy shall be supplied at least
twenty (20) days prior to the expiration of each such policy. Insurance policies required herein shall be
issued by companies authorized to do business under the laws of the State of Florida, with the following
qualifications as .to management and financial strength: the company should be rated "A" as to
management, and no less than class "X" as to financial strength, in accordance with the latest edition of
Best's Key Rating Guide, or the company holds a valid Florida Certificate of Authority and is a member
of the Florida Guarantee Fund. Receipt of any documentation of insurance by the City or by any of its
representatives which, indicates less coverage than required does not constitute a waiver of the Provider's
obligation to fulfill the insurance requirements herein.
In the event the Provider shall fail to procure and place such insurance, the City may, but shall
not be obligated to, procure and place same, in which event the amount of the premium paid shall be. paid
by the Provider to the City as Additional Payments upon demand and shall in each instance be collectible
on the first day of the month or any subsequent month following the date of payment by the City. Failure
to pay such amount within the time frame provided shall constitute a default of this Agreement as
28 U — %324
provided in the Article of this Agreement entitled "Default". The Provider's failure to procure insurance
shall in no way release the Provider from its obligations and responsibilities as provided herein
14.3 Damage Or Loss To Provider's Property
The City shall not be liable for injury or damage which may be sustained to the Property or
sustained by a person, goods, wares, merchandise or other property of the Provider, or the Provider's
employees, agents, contractors, invitees, and guests or of any other person in or about the Property caused
by or resulting from any peril whatsoever which may affect the Property, including, without limitation,
fire, steam, electricity, gas,. water, rain. or theft which may leak or flow from or into any part of the
Property, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires,
appliances, plumbing, air conditioning or lighting fixtures of the Property, or from hurricane or any act of
God or any act of negligence of any user of the facilities or occupants of the Property or any person
whomsoever, including the City, its officers, employees or agents, whether such damage or injury results
from conditions arising upon the Property or upon other portions of the Property or from other sources.
The City shall not be liable for any damages arising from any act or neglect of. (a) any other provider at
the Property; or (b) any officer, employee, agent, representative, customer, visitor or invitee of any such
provider.
ARTICLE XV
DESTRUCTION OF PROPERTY
15.1 Destruction of Property
If during the Term or any Additional Term, the Premises and/or Dock Area shall be damaged by
fire or other casualty, the Provider shall be responsible for filing the necessary claim with the insurance
company. Upon receipt of the insurance proceeds, the Provider shall endorse such payment and furnish
same to the City for deposit in City's Deposit Refundable Account. The Provider shall within ninety (90)
days of receipt of such insurance proceeds, commence and continue to repair or replace the Premises and
Dock Area to substantially the same condition or better that existed prior to such fire or other casualty, all
with the prior written approval of the Parks Director.
It shall be the responsibility of the Provider to ensure sufficient proceeds are received to cover
the cost of such repair or replacement. The Provider shall also be responsible for payment of the
difference, if any, in the cost of the repair or replacement and the amount of insurance proceeds received.
In the event the amount of insurance proceeds is inadequate to complete the repairs or replacement, the
29 U- 9024
0 - 0
Provider shall within ninety (90) days after the date of the damage provide written notice to the City of its
option to either repair or replace at the Provider's sole cost and expense (in which case the Provider shall
have an additional 90 days to raise the necessary funds to repair or replace the damage and this
Agreement shall remain in full force and effect), or not repair or replace (in which event the Agreement
shall terminate as of the date of such notice to the City). In the event the Provider fails to raise the
necessaryfunds to repair or replace the damage within said ninety (90) day period, this Agreement shall
terminate as of the date of expiration of said ninety (90) day period. If the Provider terminates this
Agreement, all insurance proceeds payable shall thereupon be paid directly to, or endorsed by Provider
to, and retained solely by the City. In the event the repairs or replacement are performed to the City's
satisfaction at a cost which is less than the insurance proceeds available, the Provider shall receive such
excess funds. Upon termination of this Agreement for any reason, the Provider shall immediately repay
to the City any insurance proceeds not yet expended for repairs or replacement.
The City shall not be liable for any inconvenience or annoyance to the Provider or injury to the
Provider's operations resulting in any way from such casualty damage or repair thereof.
Upon any termination of this Agreement under any of the provisions of this Article XV, the
Provider and the City shall each be released thereby from any further obligations hereunder accruing after
the Commencement Date of such termination, except that such release shall not apply to any sums then
accrued or due, or to the Provider's obligations under the Article of this Agreement entitled "Hazardous
Materials" and under the Section of this Agreement entitled "Surrender of the Property" or to any
obligation otherwise surviving the termination of this Agreement, and at, such time the remaining balance
of the Performance Deposit, less any sums the City is entitled to deduct, shall be returned to the Provider.
All repairs and replacement performed in accordance with this Article of the Agreement shall be
done to the satisfaction of the Parks Director.
ARTICLE XVI
ASSIGNMENTS AND SUBLETTING
16.1 Assignment And Subletting Of The Property
The Provider shall not, at any time during the term of this Agreement, assign, mortgage, pledge
or otherwise encumber this Agreement, the term, or any interest hereunder; or lease or offer or advertise
for leasing the Property or any portion thereof.
30 U � Oc .
16.2 Event Of Bankruptcy
If this Agreement is assigned to any person or entity pursuant to the provision of the United
States Bankruptcy Code, 1 I U.S.C. SS 101 et seq. (hereinafter the "Bankruptcy Code"), any and all
monies or other consideration payable or otherwise to be delivered in connection with such assignment
shall be paid or delivered to the City,.shall be and remain the exclusive property of the City, and shall not
constitute the property of the Provider or of the estate of the Provider within the meaning of the
Bankruptcy Code. Any and all monies or other considerations constituting the City's property under this
Section not paid or delivered to City shall be held in trust for the benefit of the City and shall be promptly
paid or delivered to the City. Any person or entity to which this Agreement is assigned pursuant to the
provisions of the Bankruptcy Code shall be deemed without further act or deed to have assumed all of the
obligations arising under this Agreement on and after the date of such assignment.
ARTICLE XVII
OWNERSHIP OF IMPROVEMENTS
17.1 Ownership Of Improvements
As of the Commencement Date and throughout the Term and any Additional Term, title to the
Property, and all buildings and improvements thereon shall be vested in the City. Furthermore, title to all
Initial Improvements and Alterations made in or to the Property during the Term, whether or not by or at
the expense of the Provider, shall, unless otherwise provided by written agreement, immediately upon
their completion become the property of the City and shall remain and be surrendered with the Property.
Any furniture, furnishing, equipment or other articles of movable personal property owned by the
Provider and located in the Property, shall be and shall remain the property of the Provider and may be
removed by it at any time during the Term or any Additional Term so long as the Provider is not in
default of any of its obligations under this Agreement, the same have notbecome a fixture and so long as
such does not materially affect the Provider's ability to use the Premises and conduct its operations as
provided herein. However, if any of the Provider's property is removed and such removal causes damage
to the Property, the Provider shall repair such damage at its sole cost and expense in accordance with the
provisions of Section 9.7 hereof.
Any property belonging to the Provider and not removed by the Provider at the expiration or
earlier termination of the Agreement, shall be deemed to be abandoned by the Provider, and the City may
keep or dispose of such property at the Provider's sole cost and expense. The Provider will reimburse the
316, 0 -24
City for any costs associated with such abandoned property within fifteen (15) days of after receipt of
written notice. At the expiration of the Term or any Additional Term hereof, the Provider shall deliver to
the City the keys and combination to all safes, cabinets, vaults, doors and other locks left by the Provider
on the Property.
ARTICLE XVIII
SIGNAGE
18.1 Sims _
The Provider shall not permit any signs or advertising matter to be placed on any portion of the
Property except with the prior written approval of the Parks Director, which approval may be conditioned
or reasonably withheld. The Provider must also obtain approval from all governmental authorities having
jurisdiction, and must comply with all applicable requirements set forth in the City of Miami Code and
Zoning Ordinance. Upon the expiration or earlier termination of this Agreement, for any reason, the
Provider shall, at its sole cost and expense, remove and dispose of all signs located on the Property.
ARTICLE XIX
SPECIAL ASSESSMENTS AND TAXES
19.1 Special Assessments And Taxes
The Provider covenants and agrees to pay any and all charges, taxes, or assessments, levied
against the Premises and Dock Area, and improvements, personal property or operations thereon,
including, but not limited to, ad valorem taxes, fire fees and parking surcharges. Payment thereof shall
commence with and shall include taxes assessed for the current year, if any. The Provider shall pay all of
said charges, taxes, or assessments, if any, lawfully assessed, on such dates as they become due and
payable. The Provider, at its sole cost and expense, may apply for a total or partial tax exemption if
eligible.
19.2 Appealing Ad Valorem Taxes
In the event the Provider appeals an ad valorem tax or the assessment value, the Provider shall
immediately notify the City of its intention to appeal said tax and shall furnish and keep in effect a surety
bond of a responsible and substantial surety company reasonably acceptable to the City, or other security
reasonably satisfactory to the City, in an amount sufficient to pay one hundred percent of the contested
32 00_ 9024
tax with all interest on it and costs and expenses, including reasonable attorneys' fees, to be incurred in
connection therewith. The Provider shall provide such surety bond or other form of security as may be
satisfactory to the City in the event the Provider appeals any such tax for the purpose of obtaining exempt
status.
ARTICLE XX
DEFAULT
20.1 Events of Default - Provider. -
Each of following events is defined as an Event of Default:
(a) The failure of the Provider to pay any Annual Fee, Net Income Payment, or
Additional Payments, when due and the continuance of the failure for a period of fifteen (15) days after
notice in writing from the City to the Provider;
(b) The failure of the Provider to perform any of the other covenants, conditions and
agreements of this Agreement on the part of the Provider to be performed and the continuance of the
failure for a period of fifteen (15) days after notice in writing (which notice shall specify the nature of the
default) from the City to the Provider, unless with respect to any default which cannot be cured within
fifteen (15) days, the Provider, in good faith, promptly after receipt of written notice, shall have
commenced and continued diligently to reasonably prosecute all action necessaryto cure the default and
shall have so notified the City in writing;
(c) The failure to maintain tax-exempt status under section, 501 (c) (3) of the Internal
Revenue Code of 1986, as amended;
(d) The filing of an application by the Provider: (i) for a consent to the appointment
of a receiver, trustee or liquidator of itself or all its assets; (ii) of a voluntary petition in bankruptcy or the
filing of a pleading in any court of record admitting in writing its inability to pay its debts as they come
due; (iii) of a general assignment for the benefit of creditors; (iv) of an answer admitting the material
allegations of, or its consenting to, or defaulting in answering, a petition filed against it in any bankruptcy
proceeding;
(e) The entry of an order, judgment or decree by any court of competent jurisdiction,
adjudicating the Provider as bankrupt, or appointing a receiver, trustee or liquidator of it or of its assets,
- and this order, judgment or decree continuing unstayed and in effect for any period of sixty (60)
consecutive days, or if this Agreement is taken under a writ of execution; or
33a `M
(f) The failure of Provider to remit any information, to the City's satisfaction,
requested in the Article of this Agreement entitled "Provider's Covenants"..
In the event this Agreement is assumed by or assigned to a trustee pursuant to the
provisions of the US Bankruptcy Code, as the same may be amended from time to time, the trustee shall
cure any default under this Agreement and shall provide the City with adequate assurance of future
performance of all of the terms and conditions of this Agreement. If the trustee does not cure such
default and provide such adequate assurances within the applicable time periods provided by the
Bankruptcy Code, then this Agreement shall be deemed rejected automatically and the City shall have the
right. immediately to possession of the Property and_ shall be entitled to all remedies provided by the
Bankruptcy Code for damages for breach or termination of this Agreement.
20.2 Remedies in Event of Default
The City may treat any one or more of the Event(s) of Default as a breach of this Agreement, and
thereupon at its option, without further notice or demand of any kind to the Provider or any other person,
the City shall have, in addition to every other right or remedy existing at law or in equity, do any one or
more of the following:
(a) Elect to cancel and terminate this Agreement and dispossess the Provider by giving a
three (3) day notice of such election to the Provider, and reenter the Property, without the necessity of
legal proceedings. In the event of such termination, the City shall have the .right to seek any damages
sustained by it by reason of the Provider's actions or inactions and the resulting termination of this
Agreement. Upon termination of this Agreement, the Provider shall immediately cease all operations at
the Property and surrender the Property in accordance with the provisions contained herein.
(b) Perform, on behalf of and at the expense of the Provider, any obligation of the Provider
under this Agreement which the Provider has failed to perform, the cost of which performance by the
City, together with interest thereon at the rate of eighteen percent (18%) from the date of such
expenditure, shall be deemed Additional Payments and shall be payable by the Provider to the City upon
demand. The Provider agrees that the City shall not be liable to the Provider for any damage resulting to
the Provider as a result of such action.
(c) Exercise any other legal or equitable right or remedy which it may have under this
Agreement, at law or in equity.
34 G-
Notwithstanding the provisions of clause (b) above and regardless of whether an Event of Default
shall have occurred, the City may exercise the remedy described in clause (b) without any notice to the
Provider if the City, in the exercise of its good faith judgment, believes it would be injured by failure to
take rapid action or if the unperformed obligation of the Provider constitutes an emergency.
All of the remedies of the City shall be cumulative, and enforcing one or more of the remedies
herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such
default, or an election of remedies.
Any costs and expenses incurred by the City in enforcing any of its rights or remedies under this
Agreement shall be deemed to be an Additional Payment and.shall be repaid to the City by the Provider
upon demand.
20.3 Repeated Defaults
If more than twice during any twelve (12) month period during the Term or any Additional Term
hereof, the Provider fails to satisfy or comply with the same or substantially the same requirements or
provisions under this Agreement (except where such repeated default arises from acts of God or results
from causes or conditions not attributable, directly or indirectly, to the Provider, its guests, employees,
agents or others within the Provider's control), then at the City's election, the Provider shall not have any
right to cure such repeated default. In the event of the City's election not to allow a cure of a repeated
failure to satisfy or comply, the City shall have all of the rights and remedies provided in this Agreement
relative to an Event of Default.
ARTICLE XXI
NOTrrF.c
21.1 Notice
All notices or other communications which shall or may be given pursuant to this Agreement
shall be in writing and shall be delivered by personal service or by certified mail addressed to the parties
at their respective addresses indicated below or as the same may be changed in writing from time to time.
Such notice shall be deemed given on the day on which personally served, or if by certified mail, on the
fifth day after being posted or the date of actual receipt, whichever is earlier.
35
9
NOTICE TO CITY:
City of Miami
City Manager
3500 Pan American Drive
Miami, Florida 33133
WITH COPY TO:
City of Miami
Office of Asset Management
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
WITH COPY TO:
City of Miami
Parks Department
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
22.1 Ingress And Egress
0
NOTICE TO PROVIDER:
Shake -a -Leg
Attn.: Harry Horgan
ARTICLE XXII
MISCELLANEOUS PROVISIONS
Subject to rules and regulations, statutes and ordinances and terms of this Agreement governing
the use of the Property, the Provider, its employees, agents, contractors, invitees and guests shall have
ingress and egress to and from the Property.
22.2 Use Rights
The Provider acknowledges that the Provider has been retained as a contract manager only, and
as such, the Provider shall have no interest in the Property as owner, lessee or otherwise. All mineral
rights and all land ownership rights are hereby reserved by the City. It is expressly understood and
agreed that no real or personal property is leased to the Provider, that this is a management agreement and
not a lease, that the Provider's right to use the Property shall continue only so long as the Provider shall
comply strictly and promptly with each and all of the undertakings, provisions, covenants, agreements,
stipulations and conditions contained herein. The Provider agrees not to represent itself as an agent or
associate of the City or any unit thereof. The City shall retain legal possession of and control over the
Premises and the Property, and approve Provider's use thereof and all programs and services conducted
thereon.
36 — 391
22.3 City Approval
Whenever prior approvals must be given hereunder by the City Manager or the Parks Director, as
applicable, the City Manager or the Parks Director, respectively, shall approve or disapprove any such
item in its reasonable discretion unless a different standard is expressly provided in this Agreement with
respect to such item.
22.4 Successors And Assigns
This Agreement shall be binding upon the Parties hereto, their heirs, executors, legal
representatives, successors and assigns. - --
22.5 Surrender Of Property
Upon the expiration or earlier termination of this Agreement by lapse of time or otherwise, the
Provider shall promptly and peacefully surrender and deliver possession of the Property to the City in
accordance with the covenants herein contained.
22.6 Amendments
The City Manager and the Provider by mutual agreement, shall have the right but not the
obligation to amend this Agreement. Such amendments shall be effective only when signed by the City
Manager and the Provider and shall be incorporated as a part of this Agreement. The City Manager is
authorized to amend or modify this Agreement as needed.
22.7 Construction Of Agreement
This Agreement shall be construed and enforced according to the laws of the State of Florida.
22.8 Court Costs And Attorneys' Fees
In the event of any litigation between the parties, all expenses, including reasonable attorneys .
fees and court costs, at both the trial and appellate levels incurred by the prevailing party, shall be paid by
the non -prevailing party.
22.9 Waiver Of Jury Trial
The Parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right either
may have to a trial by jury in respect of any action, proceeding, claim or counterclaim based on this
Agreement, or arising out of, under or in connection with this Agreement or any amendment or
37 00 "2
0 - 0
modification of this Agreement, or any other agreement executed by and between the Parties in
connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal
or written) or actions of any party hereto. This waiver of jury trial provision is a material inducement for
the City and the Provider entering into the subject transaction.
22.10 Severability
If any provision of the Agreement, or any paragraph, sentence, clause, phrase, or word, or the
application thereof, is held invalid, the remainder of the Agreement shall be construed as if such invalid
part were never included herein and the Agreement shall be and remain- valid and -enforceable to -the
fullest extent permitted by law.
22.11 Waiver
The acceptance of the Annual Fee or Additional Payments by the City, with knowledge of any
breach of this Agreement by the Provider or of any default on the part of the Provider in the observance
or performance of any of the conditions, agreements or covenants of this Agreement, shall not be deemed
to be a waiver of any provision of this Agreement. No waiver of any provision hereof shall be deemed to
have been made unless such waiver is in writing and signed by the City Manager or the Provider. The
failure of either party to insist upon the strict performance of any of the provisions or conditions of this
Agreement shall not be construed as waiving or relinquishing in the future any such covenants or
conditions but the same shall continue and remain in full force and effect.
22.12 Captions
The captions contained in this Agreement are inserted only as a matter of convenience and for
reference and do not define, limit or prescribe the scope of this Agreement or the intent of any provisions
thereof.
22.13 Radon
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
Radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional
information regarding Radon and Radon testing may be obtained from your county public health unit.
38 00-- X24
u
22. 14 No Recordation
C]
The Provider shall not record this Agreement without the prior written consent of the City.
However, the City Manager may require that this Agreement be recorded or a "Short Form"
memorandum of this Agreement be executed by both Parties and recorded.
22.15 Agreement Preparation
This Agreement is the result of negotiations between the Parties and has been typed/printed by
one party for the convenience of both Parties. The Parties agree -that this Agreement shall -not be — —
construed in favor of or against either of the Parties.
ARTICLE XXIII
HOLDING OVER
23.1 Holding Over
The Provider shall vacate the Property upon the expiration or earlier termination of this
Agreement. The Provider shall reimburse the City for and indemnify the City against all damages
incurred by the City from any delay by the Provider in vacating the Property. If the Provider remains in
possession of all or any part of the Property after the expiration of the Term or any Additional Term
hereof, as the case may be, with or without the express or implied consent of City, such occupancy shall
be from month-to-month only and not a renewal hereof or an extension for any further term, subject to all
conditions, provisions.and obligations of this Agreement in effect on the last day of the last term hereof,
except that the month-to-month occupancy will be terminable on fifteen (15) days notice given at any
time by either party.
ARTICLE XXIV
AFFIRMATIVE ACTION
24.1 Affirmative Action
The Provider shall have in place an Affirmative Action/Equal Employment Opportunity Policy
and shall institute a plan for its achievement which will require that action be taken to provide equal
opportunity in hiring and promoting for women, minorities, individuals with disabilities, and veterans.
Such plan will include a set of positive measures which will be taken to insure nondiscrimination in the
39 '� 36)/
work place as it relates to hiring, firing, training and promotion. In lieu of such a policy/plan, the
Provider shall submit a Statement of Assurance indicating that their business is in compliance with all
relevant Civil Rights laws and. regulations.
24.2 Nondiscrimination
The Provider agrees that it will not discriminate against any person based upon race, religion,
color, sex, ancestry, age, national origin, disability or marital status, in the use of the Property and
improvements thereof. It is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, the City shall have the right to terminate this Agreement:
ARTICLE XXV
MINORITY PROCUREMENT
25.1 Minority/Women Business Utilization
The Provider shall use its best efforts to purchase/contract fifty-one (51%) of its annual goods
and services requirements from Hispanic, Black and Women businesses/professionals registered/certified
with the City of Miami's Office of Minority/Women Business Affairs. Such lists will be made available
to the Provider at the time of the signing of this Agreement, andupdates will be routinely provided by the
City's Office of Minority/Women Business Affairs.
ARTICLE XXVI
ENTIRE AGREEMENT
26.1 Entire Agreement
This Agreement represents the total agreement between the Parties. All other prior agreements
between the Parties, either verbal or written, are superseded by this Agreement and are therefore no
longer valid.
40""
ARTICLE XXVII
APPROVAL BY OVERSIGHT BOARD
27.1 Approval By Oversight Board
The State of Florida has appointed an Emergency Financial Oversight Board (hereinafter the
"Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As
a result, contracts shall not be binding on the City until such time as they have been approved by the
Oversight Board. Attestation of this Agreement by the City Clerk shall constitute evidence of approval
by the Oversight Board.
IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials,
executed this Use the day and year first herein above written.
ATTEST:
By:
Walter J. Foeman
City Clerk
STATE OF FLORIDA )
COUNTY OF DADE )
THE CITY OF MIAMI,
a municipal corporation
of the State of Florida
By:
Donald H. Warshaw
City Manager
The foregoing instrument was acknowledged before me this day of ,
by of the City of Miami, a municipal corporation of the State of
Florida, on behalf of the corporation. He/she is personally known to me or has produced
as identification and who did (did not) take an oath.
Notary Public Signature
Print Name of Notary
Commission No.
41
X24
APPROVED AS TO FORM
AND CORRECTNESS
By:
Alejandro Vilarello
City Attorney
ATTEST
By:
Print Name & Title
APPROVED AS TO INSURANCE
REQUIREMENTS
Mario Soldevilla
Risk Management
SHAKE -A -LEG
By:
Print Name & Title
STATE OF FLORIDA )
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of ,
by of Shake -a -Leg, a non-profit corporation of the State of
Florida, on behalf of the corporation. He/she ispersonally known to me or has produced
as identification and who did (did not) take an oath.
Notary Public Signature
Print Name of Notary
Commission No.
42
GU- 324
LJ
EXHIBIT A
THE PROPERTY
•
O- X24
43
Exhibit B
The Premises
Boat Storage/Maintenance Area.
44 a- 324
EXHIBIT C
Dock Area
Sailboat Docks
45 GO- 324
Exhibit D
Parking Area
46
X24
. i
lkIKi
Dinner Key
Picnic Islands
12R 334., r
✓ �
C,/ QUITCLAIM DEED
V" The UNITED STATES OF AMERICA, acting by and through the
Secretary
Secretary of the Interior, acting by and.through the Southeast Regional
Director, Bureau of Outdoor Recreation, under and pursuant to tine power
and authority contained in the provisions of the Federal Property ajid
Administrative Services Act of 1949 (63 Stat. 377), as amended, and
particularly as amended by Public Law 485, 91st Congress, and regulations
and orders promulgated thereunder (hereinafter designated "Grantor"),
for and in of the perpetual use of the hereinafter
described premises as and for public park and public recreation area
purposes, by the City of Miami, Florida (hereinafter designated
"Grantee"), does hereby release and quitclaim to Grantee, and to its
successors and assigns, subject to the reservations, exceptions,
restrictions, conditions and covenants hereinafter expressed and set
forth, all Grantor's right, title and interest in and to the following
described property, consisting of approximately 4.517 acres, located
in Dade County, Florida:
Tract #1
"A tract of land lying and being in the City of Miami,
County of Dade, State of Florida, and described as
follows:
Beginning at the intersection of the southeasterly
line of South Bayshore Drive with the southwesterly
line of Aviation Avenue (formerly Trade Street), as
shown by the plat of Dinner Key, recorded in Plat
Book thirty four (34), at page two (2), Public Records
of Dade County, Florida, which intersection and point
of beginning is marked by a brass pin monument set
in -concrete; thence running south 510 52'03" West
along the said southeasterly line of South Bayshore
Drive a distance of six hundred seventy-five feet
(675.00') more or less to a point marked by a nail
in a one inch diameter pipe set in concrete; thence
running south 760-25'-57" east, a distance of five
hundred ninety nine and sixteen one -hundredths feet
(599.161) more or less marked by a cross cut on a
brass pin set in the top of the steel pile bulkhead
on the high water line of Biscayne Bay; thence running;
north 130-23'-33" east along the above described steel.
pile bulkhead and high water Xine of Biscayne Bay a
distance of three hundred ninety nine and four hundred
seventy-two one thousandths feet (399.4721) more or
less to a point located in the southwesterly line of
Aviatiap..Avenue (formerly Trade Street), thence running
North 400 28' 42" West for a distance of two hundred
r `
Exhibit F
Page 1 Of6
il d� EE
VU ¢J��
N
T'
0
rte;
CJ
s
J �
l`
Secretary
Secretary of the Interior, acting by and.through the Southeast Regional
Director, Bureau of Outdoor Recreation, under and pursuant to tine power
and authority contained in the provisions of the Federal Property ajid
Administrative Services Act of 1949 (63 Stat. 377), as amended, and
particularly as amended by Public Law 485, 91st Congress, and regulations
and orders promulgated thereunder (hereinafter designated "Grantor"),
for and in of the perpetual use of the hereinafter
described premises as and for public park and public recreation area
purposes, by the City of Miami, Florida (hereinafter designated
"Grantee"), does hereby release and quitclaim to Grantee, and to its
successors and assigns, subject to the reservations, exceptions,
restrictions, conditions and covenants hereinafter expressed and set
forth, all Grantor's right, title and interest in and to the following
described property, consisting of approximately 4.517 acres, located
in Dade County, Florida:
Tract #1
"A tract of land lying and being in the City of Miami,
County of Dade, State of Florida, and described as
follows:
Beginning at the intersection of the southeasterly
line of South Bayshore Drive with the southwesterly
line of Aviation Avenue (formerly Trade Street), as
shown by the plat of Dinner Key, recorded in Plat
Book thirty four (34), at page two (2), Public Records
of Dade County, Florida, which intersection and point
of beginning is marked by a brass pin monument set
in -concrete; thence running south 510 52'03" West
along the said southeasterly line of South Bayshore
Drive a distance of six hundred seventy-five feet
(675.00') more or less to a point marked by a nail
in a one inch diameter pipe set in concrete; thence
running south 760-25'-57" east, a distance of five
hundred ninety nine and sixteen one -hundredths feet
(599.161) more or less marked by a cross cut on a
brass pin set in the top of the steel pile bulkhead
on the high water line of Biscayne Bay; thence running;
north 130-23'-33" east along the above described steel.
pile bulkhead and high water Xine of Biscayne Bay a
distance of three hundred ninety nine and four hundred
seventy-two one thousandths feet (399.4721) more or
less to a point located in the southwesterly line of
Aviatiap..Avenue (formerly Trade Street), thence running
North 400 28' 42" West for a distance of two hundred
r `
Exhibit F
Page 1 Of6
il d� EE
VU ¢J��
N
T'
0
rte;
CJ
s
h PG 514
REQ 7567 965
twenty-one and eighty-five one -hundredths feet (221.851)
more or less to a point of beginning hereinbefore
described and containing approximately 4.464 acres
more or less, all as shown on U.S. Coast Guard Miami
Air Station Plot Plan Number 3284, including all rights,
title and interest in and to all common law and statutory
riparian rights, water privileges and filled land
and lands below high water line appurtenant and adjacent
thereto; subject to the Northwesterly 44 feet thereof
deeded to the City of Miami for road right-of-way
purposes as recorded in DB 34 p.2.11
Subject to the Easement Deed from the United States
of America to The City of Miami, dated May 11, 1.956
for a forty-four (44) foot right of way easement for
road right of way purposes as recorded in Deed Book 34,
page 2 of the public records of Dade County., Florida.
Tract #2
Commence at the intersection of the Southeasterly line
of South Bayshore Drive with the Southwesterly line
of Aviation Ave. (formerly Trade Street) as shown
on the plat of Dinner Key recorded in Plat Book 34
at Page 2 of the public records of Dade County, Florida,
which intersection is marked with a brass pin monument
set in concrete; thence run South 400 281 42f1 E for
a distance of 177.81 feet to the point of beginning
of a parcel of land herein described.
From said point of beginning continue along the last
described line for a distance of 61 feet to a point;
thence run South 630 201 5211 W for a distance of 50.02
feet to a point; thence run North 760 361 2711 W for
a distance of 11.3 feet to a point in the said North-
easterly line of the CG tract; thence run North 130
231 33t1 E for a distance of 69.1 feet to the point
of beginning; containing 0.053 acres, more or less.
SUBJECT to any and all existing rights of way, easements
and covenants, restrictions, reservations, conditions
and agreements affecting the above described premises,
whether or not the same now appear of record.
RESERVING to the Grantor, and its assigns, all oil,
gas, and other minerals in, under, and upon the lands
herein conveyed, together with the right to enter
upon the land for the purpose of mining and removing
the same.
To Have and to Hold the hereinbefore described property,
subject to the reservations, exceptions, restrictions, conditions an(]
covenants herein expressed and set forth unto the Grantee,.its
successors and assigns, forever.
Pursuant to authority contained in the Federal Property and
Administrative Services Act of 1949, as amended, and applicable rules,
regulations and orders promulgated thereunder, the General Services
Exhibit F
Page 2 of 6
J R E' wv 1 PC 966
Administration determined the property to be surplus to the needs of
the United States of America and assigned the property to the Department
of the Interior for further conveyance to the City of Miami, Florida.
It is Agreed and Understood by and between the Grantor and
Grantee, and the Grantee by its acceptance of this deed, does acknowlndl;P
its understanding of the agreement, and does covenant and agree for
itself, and its successors and assigns, forever, as follows:
1. This property shall be used and maintained for the public
purposes for which it was conveyed in perpetuity as set forth in the
program of utilization and plan contained in the application, submitted
by the Grantee on June 17, 1971, which program.and plan may be amended
from time to time at the request of either the Grantor or Grantee, with
the written concurrence of the other party, and such amendments shall
be added to and become a part of the original application.
2. The Grantee shall, within 6 months of the date of the
deed of conveyance, erect and maintain a permanent sign or marker near
the point of principal access to the conveyed area indicating; that the
property is a park or recreation area and has been acquired from the
Federal Government for use by the general public.
3. The property shall not be sold, leased, assigned, or
otherwise disposed of,except to another eligible governmental agency
that the Secretary of the Interior agrees in writing can assure the
continued use and maintenance of the property for public park or
public recreational purposes subject to the same terms and conditions
in the original instrument of conveyance. However, nothing in this
provision shall preclude the Grantee from providing related recreation;il
facilities and services compatible with the approved application,
through concession agreements entered into with third parties, provided
prior concurrence to such agreements is obtained in writing from the
Secretary of the Interior.
4, From the date of this conveyance, the Grantee, its
successors and assigns, shall submit biennial reports to the Secretary
of the Interior, setting forth the use made of the property during the
'D24
Exhibit F
Page 3 Of 6
L viU
R E '7567
preceding two-year period, and other pertinent data establishing its
continuous use for the purposes set forth above, for ten consecutive
reports and as further determined by the Secretary of the Interior.
5. If at any time the United States of America shall
determine that the premises herein conveyed, or any part thereof, are
needed for the.national defense, all right, title and interest in and
to said premises, or part thereof determined to be necessary to such
national defense, shall revert to and become the property of the United
States of America.
6. As part of the consideration for this Deed, the Grantee
covenants and agrees for itself, its successors and assigns, that
(1) the program for or in connection with which this Deed is made will
be conducted in compliance with, and the Grantee, its successors and
assigns, will comply with all requirements imposed by or pursuant to
the regulations of the Department of the Interior as in effect on the
date of this Deed (43 C.F.R. Part 17) issued under the provisions of
Title VI of the Civil Rights Act of 1964; (2) this covenant shall be
subject in all respects to the provisions of said regulations; (3) the
Grantee, its successors and assigns, will promptly take and continue
to take such action as may be necessary to effectuate this covenant;
(4) the United States shall have the right to seek judicial enforcement
of this covenant, and (5) the Grantee, its successors and assigns,
will (a) obtain from each other person (any legal entity) who, through
contractual or other arrangements with the Grantee, its successors or
assigns, is authorized to provide services or benefits under said
program, a written agreement pursuant to which such other person shall.,
with respect to the services or benefits which he is authorized to
provide, undertake for himself the same obligations as those imposed
upon the Grantee, its successors and assigns, by this covenant, and
(b) furnish a copy of such agreement to the Secretary of the Interior,
or his successor; and that this covenant shall run with the land hereby
conveyed, and shall in any event, without regard to technical
Exhibit F GY 0 r 6 42 4
Page 4 of 6 �
�'..J R . .t17rC 966
classification or designation; legal or otherwise, be binding to the
fullest extent permitted by law and equity for the benefit of, ani to
favor of the Grantor and enforceable by the Grantor against the Grantee,
its successors and assigns.
7. In the event there is a breach of any of the conditions
and covenants herein contained by the Grantee, its successors and
assigns, whether caused by the legal or other inability of the Grantee,
its successors and assigns, to perform said conditions and covenants,
or otherwise, all right, title and interest in and to the said premises
shall revert to and become the property of the Grantor at its option,
which in addition to all other remedies for such breach shall have the
right of entry upon said premises, and the Grantee, its successors
and assigns, shall forfeit all right, title and -Interest in said
premises.and in any and all of the tenements, hereditaments and
appurtenances thereunto belonging; provided, however, that the failure
of the Secretary of the Department of the Interior to require in any
one or more instances complete performance of any of the conditions
or covenants shall not be construed as a waiver or relinquishment of
such future performance, but the obligation of the Grantee, its
successors and assigns, with respect to such future performance shall
continue in full force and effect:
IN WITNESS WHEREOF, the Grantor has caused these presents
to be executed in its name and on its behalf this the 1/*6 day of
1972.
UNITED STATES OF AMERICA
Acting by and through the
Secretary of the Interior
The attached deed of dedication or
conveyyance was accepted and approved
th s 17thday offebruary , A.D. 19_Z2
r;/ Resolution No. 43224 passed
::i adopted by ';:e Commission of The
-eft- of Niar' ''011da.
through:
ROY K. WOOD �v"
Southeas egion Areeqor
Burea o tdoo 4d 'e.tion 'r
.�
BY
i
�'•� .�C ' ty Tger
* 7�O:X�'T.D: - CI Clerk
Y
Ext
Co. ,Fva��.= Page 5 of 6
a2
dt�vl't ;6 J_IV
STATE OFi� )
COUNTY OF )
On this ,�Cr` day of , 1972, before me, the
subscriber, personally appeared , to tie known
and known to me to be the ,t 5• • ,-Bureau of
Outdoor Recreation, of the Unieia States Department oV the Inter.or, a
governmental agency of the United States of America, and known ti, me to be the
same person described in and who executed the foregoing instrument as 'qucb,....
Director aforesaid, as the act and deed of the United Stakes of Amer�fca&rfgl
and on behalf of the Secretary of the Interior, duly designated, RQ+�ibwered
and authorized so to do by said Secretary, and he acknowledged tliO-he
executed the foregoing instrument for and on behalf of the Unita,6Sra�e&
of America, for the purposes and uses therein describe
N ARY PUBLIC
My Commission expires:
Not"T PuWk. Stall of Florida at Largs
The foregoing conveyance is hereby accepted and the and ernigned
agrees, by this acceptance, to assume and be bound by all. the obligations,
conditions, covenants and agreements therein contained.
THE CITY OF MIAMI
- - ----. .._------- -- FLORI
By
M. . 4Reese
City Manager
STATE OF FLORIDA )
as
COUNTY OF DADE )
on this day of , 1972, befor.n mc, the
undersigned Officer, personally appeared M. L. Reese, to me knowii and
known to me to be the same person whose name is subscribed to th.,
foregoing acceptance, who being by me duly sworn, did depose and say
that he is the City Manager of the City of Miami, Florida, that is is
duly designated, empowered and authorized by a resolution adoptel by •„
the Commission of the City of,Miami on June 17, 1971, to execute the
foregoing acceptance and sign his name thereto; and that he sign>d,. IJ�J
his name thereto and acknowledges that he executed the foregoing
instrument for and on behalf of the City of Miami, Florida, for tae•= k
purposes and uses therein described.
ti•
.NOTARY PUBLIC .,..,,,.
My Commission expires:
Notary Publk. State of Florida at Large
My Commission F.pir.• ^a, i,9 i9ps
to WE ■ amiss "M
M on aware amuo,
sum —,a.
�A
12
A. Ss
1 =---o--
`. .Exhibit F Page A
"rets ■ mina rota w &W,
M amt tmuall, noxa.
E. B LEA (SRNAit'
s,Lt Co Cr {
0 -6