HomeMy WebLinkAboutM-87-0062R-87-0062
No Resolution on file
with the Clerk's Office.
See attached
supporting documents
and minutes for said
resolution.
ON
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To Honorable Mayor and Members
of the City Commission
i
FROM Cesar H. Odio
City Manager
DATE f) 1
TILE
m
•►/
I�
StDJECT Miamarina: r1 enovati on and Operatic
REFERENCEsDecember 11, 1986 City
Commission Agenda
ENCLosUREsD i s c u s s i on I t em
RECOMMENDATION:
It is respectfully recommended that the City Commission consider
the Operation and Renovation of the Miamarina as a Discussion
Item at the City Commission Meeting of December 11, 1986.
BACKGROUND:
The Department of Development recommends that the Renovation,
Repair and Operation of the Miamarina be considered as a
Discussion Item at the City Commission Meeting of December 11,
1986, in response to a request made at the City Commission
Meeting of November 25, 1986.
Pursuant to the agreements entered into October 24, 1985 with
Bayside Center Limited Partnership, the City agreed to "manage,
operate and maintain the Marina..." and to restore "the
structural integrity of the Marina, including without limitation
the piers, docks, pilings, quays..." etc. This commitment was
reaffirmed at the City Commission Meeting of July 24, 1986, by
Motion No. 86-600, which was updated to indicate that the City
was to operate the Miamarina and repair it as required by the
previously mentioned agreements and as negotiated with The Rouse
Company.
In order to complete the renovation and repair work in time for
the opening of the Bayside Specialty Center in April 1987, a
contract was awarded at the City Comnission 'Meeting of 4ovenber
25, 1986 to Oantzler Lumber 8 Export, Inc. for the supply of
piles.
Bids for the actual renovation and repair work were advertised on
November 20, 1986. They are to be received December 9, 1986 and a
construction contract is scheduled to be awarded at the City
Commission Meeting of December 11, 1986. In order to complete
this construction on a timely basis and begin operation, work
must commence by the end of December. The 3id Proposal requests
a Base Bid for the minimum renovation of the facilities estimated
to cost S1,112,000 with several Additive Alternatives. If all
the Alternatives are i►ic1uded, the estimated cost is S2,003,000
and would provide the most desirable quality marina facility.
M07-i6k
87 6 2
n
leAA
Honorable Mayor and Members
of the City Commission
Page 2
Based on the concerns raised at the November 25, 1986 City
Commission Meeting, I have requested input from the City Attorney
related to the City's obligations under the Bayside agreements
and anticipate its receipt prior to the December 11, 1986, City
Commission Meeting.
Copy: City Attorney
Attachment: Excerpt from City Clerk Reports, July 24, 1986,
Amended August 19, 1986.
Miamarina Agreement
87-62 7.�
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LO
MIAMARINA AGREEMENT
THIS RG REEMENT entered into this Z Y ' day of
October, .1985 by and between BAYSIDE CENTER LIMITED
PARTNERSHS,P, a Maryland limited partnership having an
office at 330 Biscayne Boulevard, Miami, Florida
(hereinafter referred to as "Bayside") and THE CITY OF
MIAMI, a municipal corporation of the state of Florida
having an office at 3500 Pan American Drive, Miami, Florida
(hereinafter referred to as the "City").
WITNESSETH;
wHEREAS, on January 149 1985, the City and Bayside entered into a
lease for development of a waterfront specialty center (as amended hereinafter
referred to as "Retail Lease") and a lease for development of a oar{inp
facility (as amended hereinafter referred to as "Garage Lease") (ttr.e Retail
Lease and Garage Lease collectively referred to as the " round Leases
pursuant to which the City leased to Bayside certain real prorerty =3te'�l
'3ayfront Park, Miami, Florida, which property is more oarticularly descr:per.
n the ground Lease (hereinafter referred to as the "Bayside Property");
►VHEREAS, pursuant to the terms of the Ground Leases, 3ayside «i,1
construct, operate and maintain the Bayside Specialty Center and V e Park:^c
.jarage (as such terms are defined in the Ground Leases) on the �aysine
°rcperty;
�vHEREAS, Miamarina is a marina containing slips for at:prcximately :3C
boats located adjacent to the Bayside Property and was previously ^nana.;ed a^c .
xerateo pursuant to the terms of a certain management agreement (''ereina'ter
_,,'IN
referred to as the "Management Agreement") dated June 4, 1981 between the City
and tgew World Marina, Inc. (hereinafter referred to as the "Existing uanaaer");
WHEREAS, on October _, 1985, the City and the Existing Manager
entered into an agreement of purchase and sale (the "P&S" Agreement) oursuant
to which the City agreed to purchase all of the right, title and interest of
the Existing Manager in and to the Management Agreement for a purchase price
of $1,675,000 (the "Purchase Price") and upon such sale immediately terminated
'IN same;
,,AIN
WHEREAS, Bayside and the City have reached certain aqreements
pursuant to which Bayside will make an advance rental payment under the Ground
Leases to the City which the City may apply to the Purchase Price ;
WHEREAS, the City and Bayside have agreed that the boundaries of
Miamarina shall be reconfigured to include the area designated as Miamarina on
Exhibit 8 attached hereto (such area being hereinafter referred to as the
"Marina") and that the Marina will be operated and maintained by the City;
WHEREAS, Bayside and the City have reached certain agreements with
respect to the standards of management, operation and maintenance of tr.e
Bayside Specialty Center and the Parking Garage by Bayside and the standard of
maintenance of Bayf rout Park by the City, which standards are set forth in the
Ground Leases and the City and Bayside are desirous of entering into this
Agreement in order to more particularly define the standards of ranacement,
operation and maintenance to be complied with by the City in connection with
its management and operation of the Marina. The City and Bayside agree that
both parties are vitally interested in the successful integration of the
Marina's management, maintenance, promotion and operation with that of tre
Bayside Specialty Center;
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87-62
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NOW, THEREFORE, in consideration of Ten Oollars ($10.00) and ct!-er
good and valuable consideration, the City and Bayside covenant and scree as
follows:
Section 1. Staff. The City agrees that it will manage, coerate
and maintain the Marina to a quality consistent with other first class marinas
in the Miami- metro area and to a comparable level of quality commensurate
with the quality and character of the management, operation and maintenance of
IN the Bayside Specialty Center. Such management, operation and maintenance of
the Marina by the City shall in all respects comply with the standards of
operation of Miamarina (hereinafter referred to as the "Standards") annexed
hereto as Exhibit A and incorporated herein.
Section 2. Maintenance and Repair. The City shall maintain the
structural integrity of the Marina including without limitation, the piers,
docks, pilings, quays, sea wall and the original design depth of the Marina.
In connection therewith the City shall, at its sole cost and expense, promptly
retain a qualified marina engineer to survey the Marina and recommend such
actions, both immediate and long term, remedial and preventative, which the
City should take to assure or restore such integrity and tepth.
Implementation of any or all of the recommendations of such engineer shall be
in the sole and absolute discretion of the City, provided, however, that the
City agrees to comply with such recommendations of the aforesaid engineer
which are then required to be complied with or make such other changes --r
repairs which the City deems necessary in order to avoid the City's becoming
in default of its standards of management, operation and maintenance as set
forth in this Agreement or in the Ground Leases.
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87-6 2 s�
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Section 3. Insurance. The City shall carry such property and
liability policies with respect to the Marina and the operation thereof as the
City Manager may from time to time reasonably deem prudent and as shall be
consistent with the letter agreements to be signed by the Risk Managers of
Bayside and the City regarding the types and amounts of insurance policies
concerning property damage and liability covering the Marina and the 9ayside
Specialty Center. Within thirty (30) days of the date hereof the Risk Manager
for the City and Bayside shall enter into such letter agreements. If the
Marina shall at any time during the term hereof be damaged or destroyed by
fire or other insured casualty, the City shall, pursuant to the terms and
conditions of the Ground Leases diligently repair and/or restore the Marina to
the state same was in immediately prior to such casualty. The City will, from
time to time and upon thirty (30) days written request, provide Bayside with
copies of certificates evidencing the policies of insurance required to Ce
carried by the City hereunder.
Section 4. New Lighting. The City shall, at its own cost and expense,
install and maintain along the Marina piers architectural lighting similar in
quality and lighting levels and consistent in design to the outdoor promenace
ana pier park lighting to be installed at the Bayside Specialty Center. The
City shall coordinate the installation of such lighting with the utility work
being conducted by eayside on the Bayside Property. Sayside small have the
right to review and reasonably approve the City's lighting plans anc
specifications prior to installation, which approval may not be withheld if
such plans and specifications are substantially in accordance with the
requirements of this section.
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87"82 -.4.
Section 5. Improvements. The City shall use reasonable efforts to
ootain approvals for and install baffling devises in certain locations cn the
proposed port bridge in order to significantly reduce the effect on the Marina
of "surge" from vessels passing the Marina on the adjacent waters of Biscayne
Bay. Bayside shall have the right to review and approve the design and
location of such devices prior to installation, which approval shall not be
unreasonably withheld. Bayside and the City shall enter into a letter
"t agreement within 90 days of the date hereof which shall set forth an agreed
upon schedule for the City's installation of the improvements set forth in
section 4 and 5 hereof to assure that same shall be installed prior to the
opening date of the Bayside Specialty Center.
Section 6. Moored Vessels. The City shall enter into an agreement
with Bayside to permit the ship Bounty to be moored at and to operate from the
Biscayne Bay sea wall (such agreement may provide for the reimbursement to the
City of costs and expenses incurred by the City as a result of the ooeraticn
of the Bounty from said seawall). Such long term agreement shall be on terms
and conditions reasonably satisfactory to the City Manager and Bayside. From
-IN time to time, upon request of Bayside, the City will enter into agreement with
bo
other visiting ships, ships associated with the pier park, the water taxi and
paddle boat operations originated by Bayside with respect to the use by sucn
ships of the Biscayne Bay seawall on terms and conditions reascnatly
satisfactory to Bayside and the City. The agreements between the City and
Bayside referred to in this Paragraph 6 shall be subject to review and
appropriate revision by the City Attorney's Office.
Section 7. Oefault. The failure of either party hereto to perform any
of the covenants, conditions and agreements of this Agreement which are to be
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87-6 2 .�
672
performed by such party and the continuance of such failure For a per--.0 of
sixty (60) days after notice thereof in writing from the non-defaultirg oarty
(which notice shall specify the respects in which the non -defaulting party
contends that the defaulting party has failed to perform any of such
covenants, conditions and agreements) unless such default be one which cannot
be cured within sixty (60) days and the defaulting party within such sixty
(60) day period shall have commenced and thereafter shall continue to
IN diligently to prosecute all actions necessary to cure such default, such
failure shall constitute an "Event of Default". If an Event of Default shall
occur, the non -defaulting party shall have the right to pursue any of the
following remedies:
(i) the right to a writ of mandamus, injunction or other
similar relief, available to it under Florida law against the defaulting
party, including if the defaulting party is the City, any or all of tre .
members of its governing body, and its officers, agents, or
representatives provided, however, that in no event shall any member --f
such governing body or any of its officers, agents or representatives be
personally liable for any of the City's obligations to Sayside hereunder;
and
(ii) the right to maintain any and all actions at law or suits
in equity or other proper proceedings to obtain damages resulting from
such default.
For the purposes of any of the provisions of the Agreement, neither
party shall be considered in default of any of its obligations hereunder if
the compliance with ,such obligation is delayed or rendered impossible tc
perform as a result of an Unavoidable Delay (as defined in the Ground Leases).
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8.7-62
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Section 8. Applicable Law. This Agreement shall be goverre� ty t:%A
laws of the state of Florida and shall be subject to and shall Ce inte:creteo
to effectuate its compliance with the Charter of the City of Miami, t~e City
of Miami Code
and
the
Dade County Charter and Code and
any conflicts between
this Agreement
and
the
aforementioned Codes and Charters
shall be resolved in
favor of the latter. If any term, covenant or condition of this Agreement or
the application thereof to any person or circumstance shall, to any extent, be
�y illegal, invalid or unenforceable because of present or future laws or any
rule or regulation of any governmental body or entity or becomes unenforceable
because of judicial construction of the remaining terms, covenants and
conditions of this Agreement, or. the application of such term, covenant or
condition to persons or circumstances other than those as to which it is helrr
invalid or unenforceable, -shall not be affected thereby and each term,
covenant or condition of this Agreement shall be valid and be enforced to the
fullest extent permitted by law.
Section 9. Conflicts of Interest. No member, official representative
or employee of the City or the City Manager shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, offic:ai,
representative or employee participate in any decision relating to this
Agreement which affects his or her personal interest or the interest of any
corporation, partnership or association in which he or she is, directly cr
indirectly, interested. No member, official, representative cr ermlovee of
the City or the City Manager shall be personally liable to Bayside or any
successor in interest in the event of default or breach by the City or tre
City Manager or for any amount which may 'ecome due to Bayside or its
successor or on any obligations under the terms of this Agreement.
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87-6� =i.
Section 10. Duration of Obligations. This Agreement shall remain it
full force and effect for so long as both of the Ground Leases shall remain in
full force and effect. The obligations of the City to manage, overate and
maintain the Marina pursuant to this Agreement shall commence on the date
hereof, provided, however, that 8ayside and the City agree that the Marina
shall not be open for business with the general public during the period that
the 8ayside Specialty Center and the Parking Garage are under construction or
restoration if such construction or restoration would be adversely affected by
the Marina being open for business. 8ayside may not assign its rights under
this Agreement except in connection with an assignment of its interest under
the Ground Lease which is permitted pursuant to the terms thereof.
Section 11. Request
for Proposals.
If
the
City shall
so
elect,
the
City may, in compliance
with its
Charter,
Code
and
applicable
law,
enter
into
a management agreement with a third party that is an- experienced marina
operator for the operation, management and maintenance of the Marina by such
party (hereinafter referred to as a "New Operator"). If the City shall elect
to cause a New Operator to operate the Marina, the City shall implement its
-IN normal request for proposal procedures and 8ayside agrees that it will, it
good faith, submit a proposal with respect to same in accordance with such
procedures. Any management agreement to be entered into by the City with a
New Operator must contain provisions pursuant to which the New Coerator shall
agree for the term of the new management agreement to perform, among ether
things, the obligations of the City under this Agreement.
Section 12. Purchase Price and Rental Credits.
12.1 (A) On or before the Possession Date, 8ayside shall make an
advance payment of rental under the Ground Leases in the amount of $1,675,000
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and shall be entitled to an offset of rentals to become due under the Ground
Leases in an amount equal to the Rental Credit (hereinafter defined).
(B) Notwithstanding the provisions of the Retail Lease, 8ayside
shall not be obligated to. pay more than $975,000 of the $2,650,000 due
pursuant to Section 2.5(f) of the Retail Lease until the events in either (C)
or (0) or (E) of this Section 12.1 occur. The balance thereof shall bear
interest at the Maximum Interest Rate. As used herein, the term "Maximum
1 Interest Rate" shall mean a rate equal to 1% per annum plus the prime rate of
interest from time to time charged by The Chase Manhattan Sank, N.A. Interest
shall be calculated on the basis of a 360 day year. In no event may the
Maximum Interest Rate exceed 25%. Ozl the date hereof, the prime rate of
interest charged by The Chase Manhattan Banc, N.A. is 9.5% per annum.
(C) If the City enters into a Miamarina management agreement
with any person, firm or corporation, the City shall repay or cause to be
repaid the Rental Credit to Bayside and Bayside shall simultaneously oay to
the City the balance due the City under (8) above with interest thereon
calculated at the Maximum Interest Rate, in which event 8ayside shall not Ce
� entitled to offset the Rental Credit against the rentals due under the Grcur.c
Leases.
(0) On the Rental Commencement Date, if the City has not
entered into a management agreement for Miamarina with a third party or a
subsidiary or affiliate of The Rouse Company, Bayside shall pay the City
$1,675,000, which amount was deferred as provided in (9) above, with accrued
interest computed at the Maximum Interest Rate. Upon the making of such
payment, Bayside shall be entitled to receive the Rental Credit as hereinafter
defined.
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87-6 2
*00N
As used herein, the term "Rental Credit" shall mean the aggregate
of (i) $1,675,000 less rentals (including additional rentals) earned ty t',e
City under the Ground Leases, if any, ("Original Amount") plus (ii) the
accrued Loss Opportunity Cost earned thereon. The Loss Opportunity Cost as
used herein shall mean an amount equal to the result of multiplying the
Opportunity Loss Factor times the Original Amount calculated on a 360-day Year
composed of twelve (12) 30-day months and shall be payable on the Original
r
Amount or so much thereof as shall from time to time be outstanding from tt-e
date the Original Amount is established to the date of payment thereof cr
credited against rentals (including additional rentals) due as provided
herein. Opportunity Loss Factor shall mean a rate equal to 1.% above the crime
rate from time to time charged by The Chase Manhattan Bank, N.A. The
Opportunity Loss Factor shall never exceed 25%. Until such time as the Rental
Credit shall be paid in full, all rental payments (including additioral
rentals) which would otherwise be payable to the City under the Ground Leases
shall be applied first to accrued and unpaid Opportunity Loss Factor and teen
to the unpaid principal balance of the Original Amount.
(E) The City may at any time without penalty or premium ~ave
the right to repay to Bayside the Rental Credit together with the accrued and
unpaid Opportunity Loss Factor thereon.
(F) The City shall immediately apply to the State Bcand ^f
Administration of the State of Florida for an interest rate waiver pursuant tc
Section 215.84 of Florida Statutes Annotated.
(G) If, at any time, the rate on the Opportunity Lcss c"actrr
exceeds the maximum interest rate permitted by law, the City cn tre next
business day shall pay to 5ayside the outstanding Rental Credit, provioec t`+at
the Opportunity Loss Factor shall be calculated at the maximum lawful interest
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87-62 11
0 �P
rate for any period the Opportunity Loss Factor would otherwise exceed suct,
lawful rate.
12.2
As a condition
precedent to
Bayside
making
the S1,675,0CC
payment under
Section 12.10),
the City shall
deliver
a legal
opinion in form
satisfactory to Bayside that the transactions contemplated in Section 12.1 do
not violate any federal, state or local laws, that the effective Maximum
Interest Rate is lawful, and that the City has the due power and authority to
perform its obligations under this Agreement and to make and receive the
payments hereunder. Bayside may from time to time request the City obtain a
supplement to the legal opinion that the payments contemplated herein are not
in violation of federal, state or federal laws, rules or regulations as of the
date of the supplemental opinion.
12.3 the obligation of the City to pay Sayside or Bayside to pay the
City set forth in this Miamarina Agreement shall be without notice or demand
and without deduction or offset except as otherwise expressly provided in
Section 12. All payments shall be in the form of certified or cashier's
checks or other funds acceptable to the payee and shall be delivered to the
-� payee at the notice address set forth in Section 13. In the event of a
conflict between the Ground Leases and this Miamarina Agreement, this Miamarina
Agreement shall control. Any late payment or accelerated amount due shall
automatically accrue interest at the Maximum Interest Rate unless such rate is
found to be unlawful or usurious, then at the maximum rate permitted by law.
Section 13. Notice. Any notice or communication under this Agreement
by either the City or the City Manager, on the one hand, to Bayside, or, cn
the other, by Bayside to the City or the City Manager shall be deemed
sufficiently given or delivered if dispatched by registered or certified mail,
postage prepaid, return receipt requested, addressed as follows:
67-62 .,.k
"'1
If to Bayside:
General Counsel
Bayside Center Limited Partnership
c/o The Rouse Company
10275 Little Patuxent Parkway
Columbia, Maryland 21044
If to the City:
The City of Miami
C/o the City Manager
3= Pan American Drive
Miami, Florida 33131
Either party may change the notice addresses above set forth by giving notice
in writing of such change of address to the other party in accordance with the
terms hereof.
Section 14. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed- an original and such counterparts
shall constitute one and the same instrument.
Section 15. Successors and Assigns. All of the covenants, conditions
and obligations contained in this Agreement shall be binding upon and inure to
the benefit of the respective successors and assigns of the City and 8ayside.
Section 16. Modifications. Nothing contained in this Agreement sha'_1
alter, modify, supplement or amend the terms and provisions of the S rourd
Leases. No amendment or modification shall be effective unless executed and
delivered by both parties hereto.
Section 17. Oockmaster's Office. The City and Bayside shall prior to
the Opening Date enter into a lease (the "Oockmaster Lease') pursuant to which
3ayside shall make available to the City a maximum of 300 feet of office space
at the improvements to be constructed by Bayside at the Marina for use as a
dockmaster's office. The Dockmaster Lease shall provide that the City, shall
not be obligated to pay basic rent, common area maintenance or other rents or
87 - 6 2
OON
additional rents for such space but shall be responsible for utility and
insurance payments. The Oockmaster Lease shall be in the standard form of
lease entered into between Bayside and tenants at the Bayside Specialty Center
and shall provide that the rental concessions therein contained shall 5e fcr
the sole benefit of the City and shall not be available to any other party
that may commence to operate the Marina.
Section 18. Termination. The obligations and liability of the City
pursuant to this Agreement shall terminate upon the date of the termination of
the last to terminate of the Ground Leases or any substitute ground lease
entered into pursuant to the terms hereof.
Section 19. Conditions Precedent. Bayside shall not be obligated to.
make any payments required under this Agreement until (i) the Agreement and
Release of Deed Restrictions and Reverter in a form acceptable to Bayside is
executed between the Board of Trustees of the Internal Lm rovement Trust and
of the State of Florida and the City of Miami and delivered to Bayside's title
company for recordation, (ii) the lawsuit which was filed by Pier 5 acatmen';
Association, Inc. and others against the City of Miami, The Rouse and Co.,
Rouse -Miami, Inc. and others shall be dismissed with prejudice or otherwise
disposed of to Bayside's satisfaction and an agreement shall be executed cy
all of the plaintiffs of such suit with the City in a form acceptable to
Bayside and (iii) the legal opinion required to be delivered hereunCer, is
delivered to Bayside as required by such agreements.
IN wITnESS wrEREOF, ROUSE-MIAMI, INC., the sole general partner of
BAYSIDE CENTER LIMITED PARTNERSHIP, has caused this Agreement to be signed n
its name by its Vice President and its corporate seal to be hereunto affixed
and duly attested by its Assistant Secretary, and the CITY COMMISSION OF MIAK
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8)-6 2 g
'"S
has caused this Agreement to be signed in its name by Sergio Pereira, the CITY
MANAGER, and duly attested to by Matty Hirai, the CITY CLERK, on the day and
year first hereinabove written.
ATTEST: BAYSIDE CENTER LIMITED PARTNERSHIP, A MARYLANO
LIMITED PARTNERSHIP
BY: ROUSE-MIAMI, INC., A MARYLAND CORPORATION,
GENERAL. PARTNER
Vice PresidenE
Assistant Secretary
THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF
THE STATE OF FLORIDA
• ' C.iLL��. BY:
Malty Him, Sergio faereira-9--Cilf Manager
City Clark
APPROVED AS,,FORM AND CORRECTNESS:
Lucia Allen Dougherty,
City Attorney
990G/496A
07-62
# 09
EXHIBIT A
STANOAROS OF OPERATION ANO
MAINTENANCE FOR MIAMARINA
1. No supplies or provisions for boats, including beer or fuel shall be
sold at Marina except in quantities and a manner reasonably permitted
by 8ayside.
2. Boat repairs shall not be permitted at the Marina.
3. Janitorial maintenance and security of the Marina, including the
interior waters, dockage along quay, docks, pilings, sea walls,
lighting, charter fishing boat facilities and other facilities
thereof shall be ' commensurate with the level of janitorial
maintenance complied with by Bayside at the Bayside Specialty Center
and shall include regular daily trash pick-up and removal process,
removal of floating debris and 24-hour security.
4. No "for sale" or "for rent" signs shall be permitted to be displayed
on the Marina premises or on any vessel using the Marina. All Marina
signage, exterior or visible from the exterior, including, but not
limited to signage to be installed by charter or commercial operators
using the Marina, if any, shall be subject to the prior approval of
Bayside, which shall not be unreasonably withheld.
5. No slips in the Marina Shall be licensed for the purpose of the
storage of vessels.
6. All dockage agreements for slips in the Marina shall be in fora anC
substance and shall contain rules and regulations reasonably
satisfactory to Bayside and the City.
7. All Marina slips adjacent to the Marina Promenade (except the area
shown as crosshatched on Exhibit B which area is reserved for the
dockage of charter fisherman) shall be rented at rates which
discourage long term use. No commercial fisherman small operate from
slips adjacent to the Marina Promenade except for the 31 commercial
fishermen who on the date hereof have dockage agreements within the
City for locations in Miamarina. Such commercial fishermen may only
be located in slips located side by side in the area shown as
crosshatched on Exhibit B; beginning in the northeast most corner of
such area.
8. If the City shall elect to license slips to charter fisherman, the
City shall install appropriate facilities (e.g. fish cleaning; table
boxes; ticket facilities) for such fisherman. Bayside shall have a
reasonable right of approval with respect to the design and lecaticn
of such facilities.
9. Bayside will at all times afford the City reasonable means of ingress
in, to and over the Bayside Property to enable the City to perform
its repair and maintenance obligations hereunder.
87-62 ;.
10. with the exception of the occupancy rights which may be granted by
the City to charter fisherman at the Marina, the City agrees that
Bayside may from time to time cause the Marina to be closed to all
other occupants or licensees of slips at the Marina for periods r-ot
to exceed seventy-two consecutive hours. In no event may the number
of days that the Marina is so closed exceed seven (7) days for a
single calendar year. Bayside shall at least six (6) months prior to
the Opening Date notify the City of the dates that Bayside requests
that the Marina be closed pursuant to the terms hereof for the period
from the Opening Date until the first day of the first Rental Year
(as defined in the Ground Lease for the Bayside Specialty Center).
Thereafter, Bayside shall give the City at least six (6) months
written notice before the first day of each Rental Year of the dates
that Bayside desires to cause the Marina to be closed during such
Lease Year. Bayside shall be responsible for the payment of all
janitorial maintenance and trash removal expenses with respect to the
Marina during such periods and shall also clear the waters of the
Marina of all debris after such periods.
11. The parties have agreed to negotiate in good faith a reasonable
allocation of the costs and expenses of janitorial maintenance and
trash removal services between the common areas of the Bayside
Specialty Center and the Marina. If the City and Bayside are unable
to reach an agreement with respect to same, the matter shall be
submitted to arbitration pursuant to the provisions relating to same
contained in the Ground Leases. Such negotiations shall commence
within twelve (12) months of the Opening Date and, if the matter is
not resolved within six (6) months of the Opening Date, it shall be
submitted to arbitration, as aforesaid.
12. The City shall, during the term of this Agreement, on a regularly
scheduled basis reasonably acceptable to Bayside, clear the marina
waters of debris in order that the appearance of the Marina be in
keeping with the maintenance standards followed by Sayside in
connection with the Bayside Specialty Center.
990G/496A-13
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T7-6 2
STATE OF FLORIDA )
COUNTY OF DADE )
CITY OF MIAMI )
I, MATTY HIRAI, Clerk of the City of Miami, Florida,
and keeper of the records thereof, do hereby certify that
the attached and foregoing pages numbered 1 thorugh 17,
inclusive, contain a true and correct: copy of an agreement
and pertaining Exhibits "A" and "B", by and between the CITY
OF MIAMI-and BAYSIDE CENTER LIMITED PARTNERSHIP, dated
October 24, 1985, on file with this office.
IN WITNESS WHEREOF, I hereunto set my hand and impress
the official seal of the City of Miami, Florida, this loth
day o: January, 1986.
( S E P. L )
MATTY HIRAI
CITY CLERK
CITY OF MIAMI, FLORIDA
BY:
- vw -
avia .M. en0oza
puty City Clerk
87-62 i 01
eaw d • a XT Yt fka-z" w W h; id
A.` .iDED 8 / 19 / 86
` . it •? -l.
MEETING DATM: July 24, 1986 CITY HALL -DINNER KE
A RESOLUTION CO -DESIGNATING S.W. 28 TERRACE BETWEEN S.W. R 86-598
27 AVENUE AND DIXIE HIGHWAY (U.S.1) AS S.W. 28 TERRACE AND MOVED: PLUM
MIDDLE STREETS DIRECTING THE CITY CLERK TO FORWARD A COPY SECOND: KEN
ABSENT: CAA
OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT AGENCIES.
A RESOLUTION CO -DESIGNATING S.W. 4 AVENUE BETWEEN S.W. 8 R 86-599
STREET AND S.W. 2 STREET AS "JUAN GUALBERTO GOMEZ MOVED: PLUM'
BOULEVARD" DIRECTING THE CITY CLERK TO FORWARD A COPY OF SECOND: KEN
ABSENT: CAR
THIS RESOLUTION TO ALL AFFECTED AGENCIES.
A MOTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO
M 86-600
PECCEED TO PUT OUT A REQUEST FOR
PROPOSALS REGARDING
MOVED: DAWK
DEVELOPMENTS LEASING AND MANAGEMENT
OF IMPROVEMENTS FOR
SECOND: KEN'
MARINE -ORIENTED USERS AT MIAMARINA;
FURTHER DIRECTING THE
UNANIMOUS
CITY MANAGER TO CLEARLY STIPULATE IN
THE RFP THAT IT SHALL
BE MANDATORY FOR BIDDERS TO SHOW THAT
AT LEAST 50% OF THE
DEVELOPMENT AND MANAGEMENT TEEM IS A
MINORITY ENTERPRISE.
NOTE FOR THE RECORD: After the roll
call on this motion,
the consensus of the Comission was to have the City
operate the varina and to repair the
aarina as required by
the Rouse contract and to have the City !tanager negotiate
with Rouse as to the extent of those repairs. No roll
call was taken in this regard. ,
A MOTION TO DEFER CONSIDERATION OF PROPOSED ISSUANCE OF A
M 86-616
REQUEST FOR PROPOSALS TO FURNISH TOWING/WRECKING SERVICES
MOVED: PLUMI
TO CITY DEPARTMENTS; FURTHER DIRECTING THE CITY MANAGER TO
SECOND: CAR(
FORM A COMMITTEE OF USERS TO GAIN INPUT PRIOR -TO DRAFTING
UNANIMOUS
THE RFP, AND TO COME BACK WITH A RECOMMENDATION BY THE
FIRST MEETING IN SEPTEMBER.
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE AS A
R 86-618
MEMBER OF THE CITY OF MIAMI YOUTH ADVISORY COUNCIL FOR A
MOVED: KENNI
TERM EXPIRING MAY 7t 1988 OR UNTIL HER SUCCESSOR HAS BEEN
SECOND: PLUP
QUALIFIED AND TAKES OFFICE.
ABSENT: DAW)
A RESOLUTION IDENTIFYING AND DESIGNATING, THE FOLLOWING
R 86-619
SCURCES OF FUNDING FOR CAPITAL IMPROVEMENTS TO CITY PARKS:
MOVED: CAROL
REVENUE BONDS, UTILIZING REVENUES GENERATED FROM THE
SECOND: KEN!
BAYSIDE SPECIALTY CENTER AND PARKING GARAGE; PROCEEDS OF
NOES: PLUMMF
THE DADE COUNTY SEAPORT LAND EXCHANGE SETTLEMENT; INTEREST
A DAWKIA
EARNED ON THE CITY'S 22 MILLION GENERAL OBLIGATION BOND
ISSUE. AND UP TO 6.1 MILLION AVAILABLE FROM THE PROCEEDS
OF THE LAND SALE FOR THE NEW PORT BRIDGE; FURTHER
DIRECTING THE CITY MANAGER TO FORTHWITH TAKE ALL NECESSARY
STEPS AND APPROPRIATE ACTIONS FOR THE . IMMEDIATE
APPROPRIATION OF FUNDS AS INDICATED HEREIN; AND DIRECTING
THAT AN EQUAL AMOUNT COLLECTED FOR BAYFRONT PARK BE
ALLOCATED TO RENOVATE NEIGHBORHOOD PARKS.
A RESOLUTION ALLOCATING $30t000 FROM 12TH YEAR COMMUNITY
R 86-620
DEVELOPMENT BLOCK GRANT FUNDS IN SUPPORT OF THE COMMUNITY
MOVED: SUARE
SERVICES PROGRAM OF METRO MIAMI ACTION PLAN.
SECOND: PLC•
UNANIMOUS
7-62