HomeMy WebLinkAboutR-00-0841J-00-488
9/28/00
RESOLUTION NO. 0.0— �-
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
LEASE AGREEMENT ("AMENDMENT NO. 1"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI
OUTBOARD CLUB, INC., A FLORIDA NON-PROFIT
CORPORATION, TO: (1) AMEND THE LEGAL
DESCRIPTION OF THE LEASE PROPERTY TO INCLUDE
THE ADJACENT AREA, AS AMENDED, AS A RESULT OF
AN ENCROACHMENT AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT 13-1 ATTACHED TO
AMENDMENT NO. 1 AND MADE A PART HEREOF;
(2) CONSENT TO THE REMODELING OF THE
RESTAURANT AND BAR PROVIDED THAT MAXIMUM BAR
SEATING DOES NOT EXCEED TWENTY-FIVE (25)
SEATS; (3) ELIMINATE THE CONSUMER PRICE INDEX
("CPI") ADJUSTMENT TO THE BASE RESTAURANT
REVENUES; AND (4) AUTHORIZE THE CITY MANAGER
TO GRANT AN EXTENSION OF TIME TO COMPLETE THE
CONSTRUCTION OF THE PARKING.
WHEREAS, the City of Miami ("City") and Miami Outboard Club,
Inc. (the "Lessee") entered into a Lease Agreement dated June 14,
1996 (the "Lease"), which provides for the use a portion of land
of Watson Island ("Lease Property"); and
WHEREAS, the Lease sets forth terms providing additional
land (the "Adjacent Area") to the Lessee for on-site parking and
provides for the amendment of the Lease, if required, to modify
the legal description of the Lease Property to include the
Adjacent Area; and
,ATTACH R1
I C Cl, Dil7 A FNE0
CITY COWMSSION
DM STING OF
SEP 2 8 2000
hosolution No.
b0- .
WHEREAS, the reconstruction of the access road by the
Florida Department of Transportation encroached into the Adjacent
Area; and
WHEREAS, Lessor and Lessee agree to modify the legal
description of the Lease Property to include the Adjacent Area as
amended as a result of the encroachment; and
WHEREAS, as required by the Lease, Lessee is remodeling its
bar and restaurant and has requested the City's consent to the
remodeling; and
WHEREAS, the City is willing to consent to the remodeling
provided that maximum bar seating does not exceed twenty-five
(25) seats and that the Lease be amended to eliminate the
Consumer Price Index adjustments to the Base Restaurant Revenues;
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 and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized" to
execute Amendment No. 1 to the Lease Agreement ("Amendment
No. 1"), in substantially the attached form, with Miami Outboard
Club, Inc., a Florida Non -Profit Corporation, to: (1) amend the
legal description of the Lease Property to include the Adjacent
Area, as amended, as a result of an encroachment as more
�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 2 of 3 o®" 841
particularly described in Exhibit B-1 attached to Amendment No. 1
and made a part hereof; (2) consent to the remodeling of the
restaurant and bar provided that maximum bar seating does not
exceed twenty-five (25) seats; (3) eliminate the Consumer Price
Index adjustment to the Base Restaurant Revenues; and (4)
authorize the City Manager to grant an extension of time to
complete the construction of the parking.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 28th day of September-`, 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this I^islation by air0ning it in the designated e provided, said Iec�ial�
becomes effective with the elapse of ten (10 day om tip w ate of Comrr,i-
regarding same, without the Mayor exerosinj a o." /
ATTEST:
WALTER J. FOEMAN, CITY CLERK
AP�ED TOM AND CORRECTNESS
ii061
TY ATTORNEY
W4447:LB:BSS
Clerk
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 3 of 3
C7
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AMENDMENT NO. 1 TO LEASE AGREEMENT BETWEEN THE CITY OF MIAMI
AND MIAMI OUTBOARD CLUB, INC.
This Amendment is entered into this day of , 2000, (the
"Amendment") by and between the City of Miami, a municipal corporation of the State of
Florida (the "Lessor"), and Miami Outboard Club, Inc. a non-profit corporation (the
"Lessee") for the purpose of modifying certain Lease Agreement between the City and
Lessee dated June 14, 1996 (the "Lease") as follows:
WHEREAS, Lessor leased to Lessee a portion of Watson island for a term of
twenty years commencing on April 1, 1996 and expiring on March 31, 2016 with the
option to renew for two (2) additional five (5) year periods; and
WHEREAS, Section 1.2 of the Lease Agreement set forth terms for providing
additional land (the "Adjacent Area") to the Lease for on-site parking and provides for
the amendment of the lease if needed to modify the legal description of the Leased
Property to include the Adjacent Area; and
WHEREAS, the Florida Department of Transportation (FDOT) reconstructed the
public access roads on Watson Island which encroached into the Adjacent Area to be
provided to Lessee, and
WHEREAS,
Lessor and Lessee agree to
modify the legal description
of the
Lease Property to
include the Adjacent Area
as amended as a result
of the
encroachment; and
WHEREAS, as required by the Lease, Lessee is remodeling its bar and
restaurant and has requested the City's consent to the remodeling; and
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WHEREAS, THE City is willing to consent to the remodeling provided that the
maximum bar seating does not exceed twenty five (25) seats, and that the lease be
amended in order that the Base Restaurant Revenues, established as $10,000 is not
subject to the CPI Escalation.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set
forth and in consideration of other valuable consideration the parties covenant and
agree as follows:
1. Section 1.1 entitled "Description of Lease Property" is hereby amended as
follows:'
The Lessor hereby leases to Lessee, and Lessee hereby leases
from Lessor the following real property and the improvements
thereon, within Watson Island Park along with bay bottom lands, in
the City of Miami, Dade County, Florida, (hereinafter the "Lease
Property") as described in Exhibit A and Exhibit B-1 which is
attached hereto and made a part hereof.
2. Section 1.2 entitled "Additional Property" is hereby deleted in its entirety.
3. A new Section 1.4 entitled "Amendment Effective Date" is hereby added as
follows:
This Amendment shall commence as of the date upon which
the City Manager executes the Amendment (the "Amendment
Effective Date") and shall continue as provided on Section 1.3 of
the Lease Agreement.
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged.
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4. Section 2.2 (iii) "Limitations on Commercial Activities" is hereby amended as
follows:
Restaurant seating shall have a maximum seating of 34 seats and
the bar shall have a maximum seating of twenty-five (25) seats.
This shall not preclude Lessee from serving a larger number of
individuals for banquets or special events sponsored by Lessee.
5. Effective the Effective Date of this Amendment, or on the first of the first month
following execution of this Amendment if the Effective Date is not the first day of the
month, Section 4.5 entitled "Adjustment of Base Monthly Rent, Community Service
Credit and Base Restaurant " is hereby amended as follows:
Lessee agrees that, as provided for below, the Base Monthly
Rent; and the Community Service Credit and Base Restaurant
Revenues -shall be increased on the first day of each Lease Year
(hereinafter the "Anniversary Date"), by any increase during the prior
year in the index known as "United States Bureau of Labor Statistics,
Consumer Price Index". The Base Monthly Rent and; Community
Service Credit and -BaseRestaurant Revenues shall utilize the
"Consumer Price Index for All Items, Miami - Ft. Lauderdale, Florida",
Base Year 1982-84=100 (hereinafter the "CPI"). Said adjustment shall
be hereinafter referred to as the "CPI Escalation". The Base
Restaurant Revenues, established as $10,000 shall not be subject to
CPI Escalation.
The CPI Escalation of the Base Monthly Rent shall be equal to
Base Monthly Rent in effect for the immediately preceding Lease Year
plus the product of that Base Monthly Rent multiplied by the "CPI
Percentage" (as defined below).
The CPI Escalation of the Community Service Credit shall be
equal to the Community Service Credit in effect for the immediately
3U- 84.x.
preceding Lease Year plus the product of that same Community
Service Credit multiplied by the "CPI Percentage" (as defined below).
The CPI Percentage shall equal the fraction (i) whose numerator
equals the total of (a) the monthly Index published immediately prior to
the Anniversary Date (or the nearest reported previous month), minus
(b) the monthly Index published immediately prior to the Effective Date
(or the nearest reported previous month) and (ii) whose denominator is
the same monthly Index as (b) above.
If the Index is discontinued with no successor Index, Lessor shall
select a comparable index.
Lessor shall compute the CPI Escalations and send a notice, with
calculations, to Lessee setting forth the adjusted Base Monthly Rent;
and Community Service Credit, and Base Restaurant Revenue_ within
sixty (60) days of the commencement of each Lease Year or 'as soon
as such Index is available. In the event the Minimum Guarantee
increases, Lessee shall pay to Lessor within thirty (30) days of
receiving such notice, the additional Minimum Guarantee owed for the
months which have elapsed in the current Lease Year. In tthp- pwa t
tfe--Bas@R2StalFraF}t R«.�^a�S--sn6re&6@ -&FFd- Lessee —has —paid
PeFGeRtage Rent based on the previous Lease Year's Base
Restaurant Revenuer. within the months wheGh have ela wed in the
current Lease Year, -hall he entitl���ivc a rre i4ana�t
� rT�.- vr�aa -'J-'
the next payment of the Minimurn Guarantee of any overpayment of
DerGentnne Rent_
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UO- 841
6. Section 7.2 entitled "Initial Improvements" is hereby amended to add the
following provisions:
Lessee, at its sole cost and expense, shall complete the construction,
repairs, improvements and alterations as outlined in Exhibit "C"
attached hereto and made a part hereof (collectively the "Initial
Improvements"). Such Initial Improvements shall be completed within
five years of the Effective Date and shall be in conformance with
Section 7.1 above. in the event Lessee is unable tO GOmpletee
.W. .- - - -
an additional twenty four (24) . In the event Lessee is unable
to complete construction of the parking as provided for in the Initial
Improvements within said five year period due to no fault of its own,
Lessee shall request in writing, from the City Manager an extension
for completion of the parking improvements which shall not be
unreasonablv denied."I^fiAfi+ti,+;+ndinn the above if Le is rcnPifed
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�"' 841
7. Approval Of Amendment By The Oversight Board
The State of Florida has appointed an Emergency Financial Oversight
Board (the "Oversight Board") which is empowered to review and
approve all pending City of Miami contracts. As a result, this
Amendment shall not be binding on the City until such time as it has
been approved by the Oversight Board. Attestation of this
Amendment by the City Clerk shall constitute evidence of approval by .
the Oversight Board.
Except as specifically provided herein, all of the terms and provisions of the
Lease Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
the Lease Agreement on the day and year first above written.
in
Name and Title
LICENSEE: Miami Outboard Club, Inc.
0
Gonzalo Planas, Commodore
•
Attest
Walter J. Foeman
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS
Alejandro Vilarello
City Attorney
9
City of Miami, a municipal corporation
of the State of Florida
in
Carlos A. Gimenez
City Manager
7
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A DISTANCE OF 1497a11E -POW cr owlI
'3Y35'
CONTWUWG ALONG SAID FW -OF -WAY LINE AND ARG OF S CU
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HAvING A RADIUS OF 184508 FEET, THROUGH A CENTRAL LE OF
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06.12'41', A DISTANCE OF 20000 FEET, THENCE NORTH l 49'51' EAST,
5(1.14
A DISTANCE OF 515.48 FEET, THENCE SOUTH 50'39'15' 9T ALONG THE
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NORTHERLY LINE OF LEASE AREA I, A DISTANCE OF 9.84 FEET MORE
LE56 TO THE POINT OF BECoMNG, CONTAINING I.2l RES MORE OR
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(02 ACRES MORE OR LESS 9EING 5UB1"IERGED 1. /
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EXHIBIT A
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EXHIBIT B 1 1 of 2
LEGAL DESCRIPTION
THAT PORTION OF LAND LOCA IEO ON WAISON ISLANU, NORTHEASTERLY OF THE NURIHEASIERLY
RIGHT OF NAY LINE OF SIAIE ROAD A"1 A (MaCARTHUR CAUSEWAY) AS SHOWN ON THE
STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT OF WAY MAP FOR SECTION 87060-2111
FILED FOR RECORO UNDER ROAD MAP BOOK 68, AT PAGE 44, OF THE PUBLIC RECORDS OF
DAVE COUNTY, FLORIDA. LYING IN SECTIONS 31 AND 32. TOWNSHIP 53 SOUTH, RANGE 42 EAST
CITY OF MIAMI,MIAMI-DADE COUNTY. FLOP IDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS
COMMENCE AT A POST. BUCKLEY, SCHUE 6 JERNIGAN, INC. (PBSJ) BRASS DISK LOCATED
IN A CONCRETE SIDEWALK OF MaCARTHUR CAUSEWAY BRIDGE (EASTBOUND) WHOSE
COORDINATES ARE NORTH•529,095.3656,EAST•926,8i6.0990,BASEO ON THE FLORIDA
STATE PLANE COORDINATE SYSTEM,NORTH AMERICAN DATUM OF 1983/1990,FLORIOA EAST
ZONE.THENCE S44 10'12' FOR 870.58 FEET TO THE POINT OF TANGENCY OF THE EXISTING
SOUTHWESTERLY RIGHT OF NAY LINE AT STATION 216+25.58 (65.00 FEET RIGHT) OF
STATE ROAD A-1-A,AS SHOWN ON THE ABOVE MENTIONED STATE ROAD DEPARTMENT RIGHT
OF NAY MAP.THENCE N59 51'26'E FOR 65.00 FEET TO A POINT ON THE CENTERLINE OF
SAID STATE ROAD A -i -A, THENCE S30 08'34'E ALONG SAID CENTERLINE FOR 1007.•94 FEET
TO THE POINT OF CURVETURE OF A CIRCULAR CURVE TO THE LEFT'HAVING A RADIUS OF
1910.08 FEET THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE
OF it 39'13' FOR AN ARC DISTANCE OF 388.50 FEET, THENCE N49 19'02'E FOR,17. 43
FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREINAFTER DESCRIBED.
THENCE N49 t9'02'E FOR 537.44 FEET,THENCE S69 29'18'W FOR 123.83 FEET,THENCE
S35 24'42'W FOR 110.62 FEET,THENCE N57 56'ii'W FOR 102.75 FEET TO THE POINT
OF CURVETURE OF A CIRCULAR CURVE TO THE LEFT HAVING FOR ITS ELEMENTS A
RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 109 26'04',THENCE WESTERLY AND
SOUTHERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 114.60 FEET
TO THE POINT OF REVERSE CURVETURE OF A CIRCULAR CURVE TO THE RIGHT HAVING
FOR ITS ELEMENTS A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF t5 38'04'
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 68.22
FEET,THENCE S28 12'47'W FOR 52.00 FEET TO THE POINT OF CURVETURE OF A
CIRCULAR CURVE TO THE LEFT HAVING FOR ITS ELEMENTS A RADIUS OF 120.00 FEET
AND A CENTRAL ANGLE OF 66 02'09' THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
FOR AN ARC DISTANCE OF 142.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 1..013 ACRES MORE OR LESS,OF WHICH 0.0321 ACRES ARE SUBMERGED LANDS.
LEGAL DESCRIPTION FOR SUBMERGED LANDS:
COMMENCE AT THE POINT OF BEGINNING FOR THE PARCEL OF LAND DESCRIBED ABOVE.
THENCE N49 i9'02'E FOR 444.20FEET MORE OR LESS TO THE POINT OF BEGINNING
OF A PARCEL OF SUBMERGED LAND,THENCE CONTINUE N49 19'02'E FOR 93.24 FEET
MORE OR LESS,THENCE S69 29'i8'W FOR 86.83 FEET MORE LESS TO A POINT ON THE
APPROXIMATE HIGH NATER LINE OF BISCAYNE BAY,THENCE SOUTHESATERLY ALONG SAID
APPROXIMATE HIGH NATER LINE FOR 32.16 FEET MORE OR LESS TO THE POINT OF
BEGINNING.CONTAINING 0.032 ACRES MORE OR LESS.
I HEREBY CERTIFY THAT THIS BOUNDARY SURVEY CONFORMS TO CHAPTER 6IG17-6
OF THE FLORIDA ADMINISTRATIVE CODE.
GOLD COAST ENGINEERING CONSULTANTS,INC. LB +6875
SAMUEL M.FISCH8EIN,EXECUTIVE VICE PRESIDENT
PROFESSIONAL LAND SURVEYOR 03587
SLATE OF FLORIDA.
SUnVF"YOnS NOtES
THIS SURVEY IS NOf VALID WIIHOUI IIIE SIGNATURE ANU ORIGINAL RAISED SEAL
OF A FLORIDA SURVEYOR AND MAPPER
BEARINGS ARE BASF0 UPON INE CENIERLINE OF STATE ROAD A 1"A
No ATTFMPT IIAc nrt„ WAnr 10 'MAir ANN nNnFnrnnnNm rNVnnAnrwut,"
9/
EXHIBIT B-1 ( 2 of 2
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