HomeMy WebLinkAboutR-97-0435RESOLUTION NO. 9 7 - 435
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT
WITH THE DEPARTMENT OF THE ARMY LEASE NO.
DACW 17-1-90-0001, BAYFRONT PARK, MIAMI HARBOR, IN
SUBSTANTIALLY THE ATTACHED FORM, AMENDING SAID
LEASE BETWEEN THE CITY OF MIAMI AND THE UNITED
STATES GOVERNMENT, EXECUTED AUGUST 16, 1990.
WHEREAS, on August 16, 1990, a lease was entered into between the United
States Government and the City of Miami for a term of fifty (50) years; and
WHEREAS, the City of Miami and the Bayfront Park Management Trust have
entered into a use agreement with Bayfront Ventures to operate an offshore gaming
vessel; and
WHEREAS, the United States Government has requested the City of Miami to
execute the attached Supplemental Agreement No. 1, Department of the Army Lease No.
DACW 17-1-90-0001 as a prerequisite to beginning the vessel's operation;
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.
ATTACHMENT (S)
CONTAINED
CITY COMMISSION
MEETING OF.
J U N 2 6 1997
Resolution No.
9'7- 435
y
Section 2. The City Manager is hereby authorized' to execute a Supplemental
Agreement with the Department of the Army, Lease No. DACW 17-1-90-0001, Bayfront
Park, Miami Harbor, in substantially the attached form, amending said lease between the
City of Miami and the United States Government, executed August 16, 1990.
! Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 26th day of June, 1997.
JO CAROLLO, MAYOR
ATTES
WALT R EMAN
CITY CLERK
PREPARED AND APPROVED BY:
1�� 1PIL-JA
J EL EDI MA WELL
D PUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. Q NN JO�E ,III
CITY ATTO
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W 1703:csk:JEM
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` 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.
z 97- 435
JUK -25' 91(WED) 16:42 BAYFRONT PART( MGNT
TEL:305-358-1211
P. 004
Supplemental Agreement No. 1
Department of the Army Lease
No. DACW17-1-90-0001
Bayfront Park, Miami Harbor,
Florida
THIS AGREEMENT, made and entered into this day of
, 199 , by and between the Secretary of the
Army, party of the first part, hereinafter called the Government, and
the City of Miami, Florida, party of the second part, hereinafter
called the lessee.
WITNESSETH:
WHEREAS, on 16 August 1990, a lease was entered into between the
Government and the lessee, for a term of fifty (50) years beginning
16 August 1990 and ending 16 August 2040, to use and occupy
approximately 6.30 acres of land located at Bayfront Park, Miami
Harbor, Florida, for public park and recreational purposes; and
WHEREAS, current policies and regulations require the inclusion
of a condition on prohibited uses in all leases for park and
recreational purposes at U.S. Army Corps of Engineers' civil works
recreation sites; and
WHEREAS, it is mutually desired and agreed by the parties to the
lease to supplement and amend the lease to include the required
prohibited uses provision therein.
NOW THEREFORE, effective as of the date first above written,
Department of the Army Lease No. DACW17-1-90-0001, shall be and is
hereby amended and supplemented in the following particulars:
97- 435
i. JUN. -25' 97(WED) 16 ; 42 BAYFRONT PART{ MGNT TEL : 305-358-1211 P. 005
Tha--fol.lo g Condition No,-,1.7 shall be and is added to and made
part of the said lease:
1117a. The lessee shall not permit gambling on the premises.
Specifically prohibited are the use of gambling devices, such as slot
machines, video gambling machines, or other casino type devices that
would detract from the family atmosphere. The District Engineer may
1 allow the sale of state lottery tickets, in accordance with state and
local laws and regulations, as long as the sale of tickets
constitutes a collateral activity, rather than primary activity, of
the lessee. The lessee shall not install or operate, or permit to be
installed or operated thereon, any device which is illegal; or use
the premises or permit them to be used for any illegal business or
purpose. There shall not be conducted on or permitted upon the
premises any activity which would constitute a nuisance.
b. As an exception, some games of chance, such as raffles,
games and sporting events, may be conducted by nonprofit
organizations under special use permits issued in conjunction with
special events, if permissible by state and local law, Any request
to conduct such activities must be submitted in writing to the
District Engineer.
C. In accordance with state and local laws and regulations, the
lessee may sell, store, or dispense, or permit the sale, storage, or
dispensing of beer, malt beverages, light wines or other intoxicating
beverages on the premises in those facilities where such service is
customarily found. Bar facilities will only be permitted if offered
in connection with other approved activities. Advertising of such
beverages outside of buildings is not permitted. Carry out package
sales of hard liquor is prohibited."
Except as herein provided, all other terms and conditions of the
said lease shall remain unchanged.
0"
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JirUN.-25'97(WED) 16:42 BAYFRONT PART{ MGNT TEL:305-358-1211 P.006
IN WITNESS WHEREOF, I have hereunto set my hand by the authority
of the Secretary of the Army as of the date first above written.
i
i
Chief, Real Estate Division
U.S. Army Engineer District
Jacksonville, Florida
I
THIS SUPPLEMENTAL AGREEMENT is also executed by the lessee as of
the date first above written.
THE CITY OF MIAMI, a municipal
j corporation of the State of Florida
ATTEST:
3
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