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Home My WebLink AboutR-87-0999J-87-1003 10/28/87 T A. RESOLUTION NO. ?3 M99f.3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A ONE-YEAR REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO JET FUN SPORTS, INC., FOR THE USE OF THE WOODEN PIERS AND BAYBOTTOM AREA IMMEDIATELY ADJACENT TO THE MIAMI MARINE STADIUM, FOR A MINI -BOAT RENTAL OPERATION, FOR A YEARLY FEE OF $6,000, PAYABLE IN MONTHLY INSTALLMENTS; SAID PERMIT SHALL BE RENEWABLE ANNUALLY AT THE CITY MANAGER'S DISCRETION, WITH A PROVISION FOR RENEGOTIATING THE ANNUAL FEE WITH EACH RENEWAL OPTION. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to issue a one-year Revocable Permit, in a form acceptable to the Citv Attorney, to Jet Fun Sports, Inc., for use of the wooden piers and baybottom area immediately adjacent to the Marine Stadium, for a mini -boat rental operation, for a yearly fee of $6,000, payable in monthly installments; said permit shall be renewable annually at the City Manager's discretion, with a provision for renegotiating the annual fee with each renewal option. PASSED AND ADOPTED this 19th day of November , 1987. XAVIER L_5CAREZ MAY ZATTRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED A0 FORM AND CORRECTNASY CITY ATTORNEY ATTACHMENTS AN ABED CITY COMMISSION MEETING OF NOV 19 1987 IN No. 1370-999 do It REVOCABLE PERMIT NO. ISSUED BY THE CITY OF MIAMI TO JET FUN SPORTS, INC. (HEREINAFTER "PERMITTEE") PROPERTY LOCATED within MIAMI MARINE STADIUM MIAMI, FLORIDA Issued this day of , 1987 ATTEST: City Clerk APPROVEIy'AS TO FORM AND CORRECTNESS: !City Attorney. - CITY OF MIAMI, a municipal Corporation of the State of Florida City Manager 137-999 %% ►IF\ RET1 14NIN-G FOR F1 R-1.10.1t lcl:VIEW. PLEASE wENTWY AS # I?-?— 3q L. ._.. ..,.....,. ---------------------- INDEX 1. DESCRIPTION OF PREMISES 2. TIME 3. PURPOSE 4. FEE 5. LAWS APPLICABLE 6. UTILITIES 7. ASSIGNMENT OR TRANSFER 8. CONDITION OF PREMISES 9. ALTERATION BY PERMITTEE 10. MAINTENANCE 11. CITY'S RIGHT OF ENTRY 12. RISK OF LOSS 13. INDEMNIFICATION CLAUSE 14. INSURANCE 15. PEACEFUL SURRENDER 16. GENERAL CONDITIONS 17. ADVERTISING 18. NONDISCRIMINATION 19. VIOLATIONS 20. TAXES 21. INTEREST CONFERRED BY PERMIT 22. COURT COSTS AND ATTORNEY'S FEES 23. ENTIRE AGREEMENT 24. AMENDMENTS PAGE 3 3 3 3 4 4 4 4 4 5 5 5 5 6 7 7 8 8 8 9 9 9 9 9 137--999 i REVOCABLE PERMIT 1. DESCRIPTION OF PREMISES The City of Miami (CITY) hereby issues this Revocable Permit to Jet Fun Sports, Inc., a Florida for profit corporation, (PERMITTEE), for the purpose and under the condition(s) hereinafter set forth, permitting said PERMITTEE to use the wooden piers located directly northwesterly of the Miami Marine Stadium and the baybottom area immediately adjacent to the northwest (PREMISES). 2. TIME Tnis Revocable Permit shall be valid for a period of one year commencing on the _ 1 day of September , 1987, and terminating on the 3_ day of A3A9ugt , 19880 or until the City decides to dispose of the property otherwise, and the permit is revoked as provided below. This Revocable Permit may be extended for additional one year periods as requested by PERMITTEE, in writing at least one hundred twenty (120) days prior to the termination date, and upon approval of the City Manager or his designee, based on provisions noted in Section 4 below. This Revocable Permit or any extensions and renewals thereof may, in addition to the termination which may result from or under the provisions of Section 19 hereof, also be terminated by the City Manager, with or without cause, by delivery of a written notice of revocation thirty (30) days prior to revocation. 3. PURPOSE Tne Premises shall be used by the PERMITTEE for a mini -boat rental operation. PERMITTEE shall not change or modify such use without the prior written consent of the City Manager. 4. FEE PERMITTEE shall pay for the use of the Premises a fee in the amount of $6,000.00 per year, payable in equal installments of $500 per month. 19'7�9g w3� At the end of each Permitted year, CITY may modify this base fee structure for the exercise of each one-year renewal option. 5. LAWS APPLICABLE PERMITTEE accepts this Revocable Permit recognizing that all laws of the State of Florida, Ordinances of the City of Miami and Dade County, Florida, pertaining to the operation and maintenance of the Premises, including but not limited to building codes and zoning restrictions, are made a part of this Revocable Permit, and PERMITTEE agrees to abide therewith as the same presently exist and as they may be amended hereafter. 6. UTILITIES Unless otherwise provided herein, PERMITTEE shall provide all utilities, including but not limited to, electricity, water, gas, and sewage disposal. Trash and garbage removal shall be at the cost of PERMITTEE. PERMITTEE shall be responsible for telephone charges. 7. ASSIGNMENT OR TRANSFER Without the express consent of the City Commission, ' PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this Revocable Permit. 8. CONDITION OF PREMISES PERMITTEE hereby accepts the Premises in its present condition and agrees to maintain it in the same condition, order and repair as it is in at this time, except for reasonable wear and tear. 9. ALTERATION BY PERMITTEE A. PERMITTEE may not make any alterations, additions, partitions or improvements in or to the Premises without the written consent of the City Manager or his designee, and the design of such proposed alterations, additions, partitions or improvements in or to the Premises shall be first submitted to the City Commission before or at the same time the City Manager's approval *s requested. All additions, partitions, or improvements shall become the property of CITY and shall remain a part of the Premises at the expiration of this Revocable Permit. The cost of renovation of the Premises as to alterations, additions, partitions or improvements shall be borne by and is the financial responsibility of PERMITTEE. 10. MAINTENANCE PERMITTEE agrees to maintain the Premises in good order and repair at all times, and in an attractive, clean and sanitary condition during the period of this Revocable Permit or any extension or renewal hereof. 11. CITY/S RIGHT OF ENTRY CITY, or any of its properly designated agents, representatives, or employees, shall have the right to enter said Premises during all reasonable working hours, to examine and/or inspect the same. 12. RISK OF LOSS PERMITTEE shall indemnify and save harmless CITY against all risk of loss, injury or damage of any kind or nature whatsoever to property now or hereafter placed on or within said Premises and all risk of loss, injury or damage of any kind or nature whatsoever to any goods, chattels, merchandise or to any other property that may now or hereafter be placed upon said Premises, whether belonging to PERMITTEE or others, whether said loss, injury or damage results from fire, hurricane, rising water or from any other cause or other contingency, and whether the same be caused by the claimed negligence of CITY or any of its employees, agents, or otherwise, and to keep harmless CITY from all claims and suits growing out of any such loss, injury or damage. 13. INDEMNIFICATION CLAUSE PERMITTEE covenants and agrees that it shall indemnify, hold harmless, and defend CITY from and against any and all claims, suits, actions, damages or causes of action arising during the period of this Revocable Permit, for any personal injury, loss of life or damage to property sustained in or on the Premises, by -S- reason of or as a result of PERMITTEE's use or operations thereon, and from and against any orders, judgments, or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 14. INSURANCE PERMITTEE shall maintain throughout the period of this Revocable Permit, the following insurance: A. General liability insurance on a comprehensive general liability coverage form, or its equivalent, including premises and operations, and contractual coverages, with a combined single limit of at least $1,000,000 for bodily injury liability and property damage liability. City shall be an additional named insured on the policy or policies of insurance. — B. Automobile liability insurance covering all owned, non - owned and hired vehicles used in conjunction with �i —! t operations covered by this agreement. The policy or —` policies of insurance shall contain a combined single limit of at least $300,000 for bodily injury and property damage. —' i -' C. 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 —C advance written notice to the City of Miami being delivered to the Risk Manager, General Services Administration Department, 1390 NW 20 Street, Miami, Florida 33142. A current Certificate of Insurance showing the required coverage shall be supplied to the Property & Lease Management Office of CITY. Insurance policies required above shall be issued by _ companies authorized to do business under the laws of the state, with the following qualifications as to management and financial 3 -6- 'r a strength: The company must be rated no less than A as to management, and no less that class V as to financial strength, in accordance with the latest edition of Best's Key Rating Guide, published by Alfred M. Best Company, Inc., 75 Fulton Street, New York, New York. 15. PEACEFUL SURRENDER At the expiration of the Revocable Permit period, PERMITTEE shall, without demand, quietly and peaceably relinquish, surrender and deliver up possession of the Premises in as good condition as it is now, except for normal wear and tear such relinquishment, surrender and delivery also being required, upon demand of the City Manager, pursuant to the provisions of Section 19 hereof, or as provided in Section 2 or as may otherwise be directed by CITY. 16. GENERAL CONDITIONS All notices or other communications which shall or may be given pursuant to this Revocable Permit shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI PERMITTEE City Manager Jet Fun Sports, Inc. Attn: Property & Lease Mgmt. Attn: Jerry Kelley City of Miami 7846 NE Bayshore Court, #8 P. 0. Box 330708 Miami, Florida 33138 Miami, Florida 33233-0708 B. Title and paragraph headings are for convenient reference and are not a part of this Revocable Permit. C. In the event of conflict between the terms of this Revocable permit and any terms or conditions contained in any attached documents, the terms in this Revocable permit shall rule. D. No waiver or breach of any provision of this Revocable Permit shall constitute a waiver of any subsequent breach of the s same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Revocable Permit be determined by a court of competent jurisdiction to be invalid, illegal or otherwise uneaa,:)rceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Revocable Permit shall remain unmodified and in full force and effect. 17. ADVERTISING PERMITTEE shall not permit any signs or advertising matter to be placed on the Premises or grounds without having first obtained the approval of the City Manager or his designee. CITY reserves the right to erect or place upon the Premises an appropriate sign indicating CITY's having issued this Revocable Permit. 18. NONDISCRIMINATION PERMITTEE shall not discriminate against any persons on account of race, color, sex, religious creed, ancestry, national origin, mental or physical handicap, in the use of the Premises and the improvements thereon. 19. VIOLATIONS If PERMITTEE in any manner violates the restrictions and conditions of this Revocable Permit, then, and in that event, after ten (10) days written notice given to PERMITTEE by the City Manager within which to cease such violation or to correct such deficiencies, and upon failure of PERMITTEE to so do after such written notice, this Revocable Permit shall be revoKed automatically without the need for other or further action by CITY. 20. TAXES During the period of this Revocable Permit, PERMITTEE shall pay any and all taxes of whatever nature lawfully levied upon or assessed against the Premises. 21. INTEREST CONFERRED BY PERMIT The provisions of this Revocable Permit do not constitute a lease and the rights of PERMITTEE hereunder are not those of a tenant. No leasehold interest in the Premises is conferred upon PERMITTEE under the provisions hereof. 22. COURT COSTS AND ATTORNEY/S FEES In the event that it becomes necessary for CITY to institute legal proceedings to enforce the provisions of this Revocable Permit, PERMITTEE agrees to pay CITY's court costs and attorney's fees. 23. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effects. 24. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, PERMITT,FE has hereunto caused this Revocable Permit to be applied for and has executed the following b its duly authorized officers, as of this P-21 day of 1987. PERMITTEE: ATTE rate Secretary JET FUN SPORTS, INC. al) —9— APPROVED AS TO M REQUI INNCE, R. . ENTS: RiSK Manager .1 CORPORATE RESOLUTION WHEREAS, the CITY OF MIAMI has agreed to enter into a Revocable Permit with JET FUN SPORTS, INC., a for profit Florida corporation, for a mini -boat rental operation at Miami Marine Stadium; and WHEREAS, JET FUN SPORTS, INC., has agreed to accept this Revocable Permit; and WHEREAS, the Board of Directors of JET FUN SPORTS, INC., has examined terms, conditions, and obligations of the attached Revocable Permit with the CITY OF MIAMI, for a mini -boat rental operation at Miami Marine Stadium; and WHEREAS, the Board of Directors of JET FUN SPORTS, INC., at a duly held corporate meeting has considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF JET FUN SPORTS, INC., that the president and secretary are hereby authorized to enter into a Revocable Permit in the name of, and on behalf of this corporation, with the CITY OF MIAMI for in accordance with the contract documents furnished by the CITY OF MIAMI, and for the price and upon the terms and payments contained in the attached Revocable Permit submitted by the CCITY OF MIAMI. IN WITNESS WHEREOF, this / 7 day of 1987. PRESIDENT, Board of Directors JET FUN SPORTS, INC. a for profit Florida corporation SECRETARY m CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM To: Honorable Mayor and DATE: NcoV 41987 FILE' Members of , the City 19V Commission SUBJECT: Resolution Authorizing Issuance of Revocable Permit - Jet Fun Sports, Inc. FROM: Cesar H. Odlo REFERENCES: City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution authorizing the issuance of a one-year revocable permit for a mini -boat rental operation near the Miami Marine Stadium property. BACKGROUND: The General Services Administration Department has been approached by a for -profit corporation with a revenue -making proposal for a mini -boat rental operation involving the use of the wooden piers located near the Miami Marine Stadium and the baybottom property immediately adjacent to them. The proposed permit would be for a one-year period, renewable yearly at the City Manager's discretion and would yield $6,000 in yearly revenues to the City. This fee would be renegotiated annually, at the exercise of each renewal option. The permit has been reviewed by staff of Parks, Recreation and Public Fac Uitie5 and the Law Department. Attachments: Proposed Resolution Proposed Revocable Permit ,2y—( s I -Wagg