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HomeMy WebLinkAboutR-86-0858RESOLUTION NO. A RESOLUTION TERNIFATTYG TJTF LEASE AGREEMENT, DATED NOVEMBER 6, 3984, AS AMENDED BY AN ADDENDUM 77TERYTO DATED TTRRUARY 32, 1985, WITH THE AMERICAN BARGE CLUB, INC. , A NON- PROFIT CORPORATION, FOR TFE LEASE OF 30,000 SQUARE FEET OF CI TY - OV-jq T D PROPERTY ON VIRGINIA KEY BECAUSE OF FAILURE OF SAID CLUB TO PERFORM AND ABIDE BY ALL THE TERMS AM COVENANTS OF SAID AGREEMENT, WHEREAS, the City Manager duly executed a Lease Agreement on November 6, 1984, and an Addendum thereto on February 12, 1985, pursuant to Resolution 84-1223 with the American Barge Club, Inc., turning over control and possession of 30,000 square feet of City -owned land on Virginia Key; and WHEREAS, the American Barge Club, Inc., was notified, through letter from the City Hanager dated January 30, 1986, that the Club had six (6) months to be in full compliance with Section 4, Improvements, of the Lease Agreement; and WHEREAS, subsequently, on two occasions a panel of City officials reviewed improvement plans submitted by the Club and in both instances the plans did not meet the panel's criteria whereupon the Club was notified that the plans were not acceptable; WHEREAS, the Club has not complied with other terms and oovenants of the Agreement, nor has it demonstrated the readiness and oapability to so comply; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Lease Agreement dated November 6, 1984 as amended by the Addendum dated February 12, 1985, with the American Barge Club, Inc., a non-profit corporation, because of the failure of said Club to perform and abide by all the terms and covenants of said Agreement, is hereby terminated. CITY COMMISSION MEETING OF OCT 23 1986, RESOLUMON No. PASSED AND ADOPTED this 23rd day of Octok?-r VIER L. SUAREZ_ AYOR ATTEST: NATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS 0 FORM AND CORRECTNESS: 10I18/86 RESOLUTION NO. � A RESOLUTION TFRMTYATTFG THE LEASE AGREEMENT DATED NOVFMPFR C3, 3984, AS AMFSNDED BY AN ADDENDUM THERETO DATED FEBRUARY 12, 1985, WITH THE ANERI CAN PARj=E CLUB , INC. , A NON- PROFIT CORPORATTOI; . FOR THE LEASE OF 30,000 SQUARES FFT57 OF C17Y-OYJTFD PROPERTY ON VIRGINIA KEY BECAUSE OF FAILURE OF SAID CLUB TO PERFORM AND ABIDE BY ALL THE TERMS AND COVENANTS OF SAID AGREEMENT. WHEREAS, the City Manager duly executed a Lease Agreement on November 6, 1984, and an Addendum thereto on February 12, 1985, pursuant to Resolution 84-1223 with the American Barge Club, Inc., turning over control and possession of 30,000 square feet of City -owned land on "Irginia Key; and WHEREAS, the American Barge Club, Inc., was notified, through letter from, the City Manager dated January 30, 1986, that the Club had six (G) months to be in full compliance with Section 4 Improvements, of the Lease Agreement; and WHEREAS, subsequently, on two occasions a panel of City officials reviewed improvement plans submitted by the Club and in both instances the plans did not meet the panel's oriteria whereupon the Club was notified that the plans were not aoceptable; WHEREAS, the Club has not oomplied with other terms and oovenants of the Agreement, nor has it demonstrated the readiness and capability to so comply; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Lease Agreement dated November 6, 1984 as i amended by the Addendum dated February 12, 1985, with the American Barge Club, Inc., a non-profit corporation, because of the failure of said Club to perform and abide by all the terms and covenants of said Agreement, is hereby terminated. CITY COMMISSION MEETING OF OCT 23 1966 RESOLUTION No. " Jo AND ADOPTED this 231rd day of ; 9=12ar 1p, ,XAVIER L. SUDAMAYOR, ATTEST: NATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLERK CHIEF DEPUTY CITY ATTORNEY APPROVED AS FORM AND CORRECTNESS: LUCIA R. DOUGNM:rrY CITY ATTORNEY RPC:bss:X235 r a Ci1'1f Or MIRMI, FLORIDA INTER -OFFICE MEMORA NDVM! TO. Honorable Mayor and DATE: Members of the City OCT 1 619 Commission SUBJECT! American Barge Club, Inc. FROM:Cesar H . 0610 REFERENCES: City Manager It ENCLOSURES: A Resolution authorizing the City Manager to terminate the Lease Agreement dated November 6, 1984, and Addendum dated February 12, 1985, with the American Barge Club, Inc., a non-profit corporation, pursuant to the terms and conditions therein included. The American Barge Club, Inc., has been in control and possession of 30,000 square feet of City owned land on Virginia Key since the execution of Lease Agreement and Addendum, dated November 6, 1984 and February 12, 1985, respectively. Pursuant to a letter dated January 30, 1986, the American Barge Club, Inc., was notified that the Club has six (6j months in which to obtain all the necessary permits and licenses to be in full compliance with Section 4, Improvements of the cited Lease Agreement. A panel of City officials convened on April 9, 1986 to review improvement plans proposed by the American Barge Club, Inc. The results of this review process was a letter to them dated April 21, 1986, in which problem areas were specified and additional information requested on modified plans to be resubmitted to the City. Subsequently, plans for a temporary storage building were presented to the review panel and similar problematic issues surfaced, as documented in the previous letter to them, and which the Club failed to address. Generally, the panel did not favor a temporary storage building in the Lagoon area. e Honorable Mayor and American Barge Club Members of the City Page 2 Commission The American Barge Club, Inc., was invoiced $1.00 in October, 1985, for their annual advance rent payment, due and payable on November 6, 1985, as required by the Lease Agreement, Section 5, Consideration. Payment was not receivers by Property & Lease Manaaemr;n . until January 28, 1986, almost three months late. The American Par.a_e Club, Inc.'s insurance coverage expired in January, 1986, A renewed insurance certificate was mailed to Property b Lease Management on May 8, 1986, covering the period beginning on April 15, 1986. There was approximately a three month period in which the property held by the Club was not insured as required by the Lease Agreement, Section 6, Insurance. The American Barge Club, Inc., has failed to submit proof of meeting membership requirements to increase its minority memberships by 5% per year to represent ethnic percentages of the City of Miami,s population. Additionally, the Club has failed to submit proof of having conducted six public service functions for minorities at the Club's facilities, pursuant to the Lease Agreement, Section 22, Affirmative Action. For the reasons outlined above, it is recommended that the Lease Agreement dated November 6, 1984, and Addendum dated February 12, 1985, with the American Barge Club, Inc., be terminated, in that the Club has not demonstrated the readiness and capability to comply with the terms and conditions of the Lease Agreement and Addendum. .. .