HomeMy WebLinkAboutR-86-0361-
J-86-284
4/9/86 RESOLUTION NO. 8 6 e3 6 1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, TO THE UNITED
STATES YACHT RACING UNION (U.S.Y.R.U.), WHICH
PERMIT SETS FORTH THE TERMS AND CONDITIONS
FOR THE USE OF A PORTION OF DAVID, T. KENNEDY
� ATTACHED
PARK, AS DESCRIBED ON EXHIBIT A ,
HERETO, FOR A TEMPORARY TRAINING SITE FOR
OLYMPIC SAILING TEAMS.
WHEREAS, the City Commission by Motion 85-1073, on
October 25, 1985, approved in principal a contribution of $60,000
to develop a training site for the Olympic sailing team at David
T. Kennedy Park; and
WHEREAS, the City Commission, by Resolution No. 86-49, on
January 23, 1986, authorized the City Manager to negotiate a Use
Agreement with the U.S. Yacht Racing Union (" U.S.Y.R.U.") and
allocated a total sum of one hundred thousand dollars ($100000)
from the Marinas Enterprise Fund for cost of shoreline and
dockage restoration in connection with the temporary training
site at the southeasterly portion of David T. Kennedy Park; and
WHEREAS, it is found that the issuance of a Revocable Permit
more suitably protects the City; and
WHEREAS, the City is desirous of developing the
southeasterly portion of David T. Kennedy Park adjacent to
Biscayne Bay as a national, international and Olympic sailing and
training center;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is authorized to issue a
Revocable Permit, in substantially the form attached hereto, to
the United States Yacht Racing Union (U.S.Y.R.U.) setting forth
the terms and conditions for the use of the southeasterly portion
of David T. Kennedy Park as described in Exhibit "A" attached
hereto and incorporated herein, to establish a temporary training
site for Olympic Sailing Teams.
00= COMMISSION
BEETING OF
MAY 7 to
,,8s-3si
IL
A'
PASSED AND ADOPTED this 7th day of May , 1986.
X IER L. SUAREZ Mayor
IRAI, City Clerk
PREPARED AND AP ROVED BY:
IRIAM MAER
Assistant City Attorney
LAD/wpc/ab/P034
Attachments
0
LUCIA A. DOTJGH
City Attorney
AND CORRECTNESS: _
OF MIA MI, FLORIDA�s
MORANDUM
INTER FV�r'FE 1 _
��pp 30 1 DATE• April 29, 1986 FILE:
TO. Honorable Mayor and Memb€r� ,
of the City Commission D EI' i . f: c'
CITY G i ' ! 'Sb9ACT United States Yacht Racing Union
Agreement
FROM Cesar H. Odio REFERENCESCof
City C mm' s n Meeting
City Manager May 7, 1986
ENCLOSURESolution
It is recommended that the City
Commission adopt the attached
Resolution authorizing the City
Manager to execute an Agreement,
in substantially the form attached,
between the United States Yacht
Racing Union (U.S.Y.R.U.) and the
City, providing assurance to the
U.S.Y.R.U. that in the event the
City invokes its right of cancel-
lation of the Revocable Permit
prior to the end of the 1986-1987
season, the City will provide an
alternative site elsewhere in the
City and issue a new Revocable
Permit so that the U.S.Y.R.U. will
be able to complete its 1986-1987
season of scheduled events.
On January 23, 1986, by Resolution No. 86-49, the City Commission
authorized the City Manager to negotiate a use permit with the
United States Yacht Racing Union (U.S.Y.R.U.) to establish a
temporary training site for Olympic sailing teams on a portion of
David Kennedy Park. The issuance of this Revocable Permit to the
U.S.Y.R.U., which may be terminated by the City upon a thirty day
notice, is scheduled as a Companion Item to the attached Resolution.
The attached Resolution authorizes the City Manager to execute an
Agreement, in substantially the form attached, with the U.S.Y.R.U.
providing assurance that in the event the City terminates the
Revocable Permit prior to the end of the 1986-1987 season, an
alternative site elsewhere in the City will be made available and
A new Revocable Permit will be issued to allow the U.S.Y.R.U. to
complete its scheduled events for the 1986-1987 season.
It is recommended that the attached Resolution be adopted authorizing
the City Manager to enter into said Agreement with the United States
Yacht Racing Union.
0 86 -3 61
W86-361
0
9
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
FROM: Cesar H. Odio
City Manager
DATE: April 24, 1986 FILE:
SUBJECT: Revocable Permit to
the United States Yacht
Racing Union.
REFERENCES: For City Commission
Meeting of May 7, 1986
ENCLOSURES:
It is recommended that the City
Commission adopt the attached
Resolution authorizing the City
Manager to issue a Revocable
Permit in substantially the form
attached, to the United States
Yacht Racing Union (U.S.Y.R.U.),
setting forth the terms and
conditions for the use of a
portion of David T. Kennedy Park,
for a temporary training site for
olympic sailing teams.
On October 25, 1985 the City Commission approved, in principle, the
use of a portion of David T. Kennedy Park for a national,
international and olympic sailing and training center (Motion 5-
1073). Resolution 86-49, adopted by the City Commission on January
23, 1986, directed the City Manager to negotiate an agreement with
the U.S.Y.R.U., and further allocated one hundred thousand dollars
($100,000) from the Marinas Enterprise Fund for shoreline
enhancement, construction of dockage facilities and parking
improvements at the southeasterly portion of David T. Kennedy Park.
The attached Resolution authorizes the City Manager to issue a
Revocable Permit to the U.S.Y.R.U., in substantially the form
attached, for the term of one (1) year, at the end of which the City
will issue a Request for Proposals for the development of a permanent
training center at the -same site. It is further stipulated that the
U.S.Y.R.0 shall submit a proposal, responsive to the City's Request
for Proposals at that time.
It is recommended that the attached Resolution be adopted,
authorizing the City Manager to issue a Revocable
e ocabl Permit
to the
U.S.Y.R.U. for the term of one (1) y iy the form
attached, setting forth the terms and conditions for the use of the
southeasterly portion of the park for a temporary site for olympic
sailing teams.
0'8a-361
INDEX
PAGE
1.
DESCRIPTION OF PREMISES
3
3
2.
TERM
3.
PURPOSE
4
4
4.
FEE
5.
LAWS APPLICABLE
4
6.
ASSIGNMENT OR TRANSFER
4
7.
CONDITION OF PREMISES
4
8.
ALTERATION BY PERMITTEE
5
9.
OWNERSHIP OF DOCUMENTS
5
10.
MAINTENANCE
5
11.
CITY'S RIGHT OF ENTRY
6
12.
RISK OF LOSS
6
13.
INDEMNIFICATION CLAUSE
6
14.
INSURANCE
7
15.
PRACEFUL SURRENDER
B
16.
GENERAL CONDITIONS
8
17.
ADVERTISING
9
18.
NONDISCRIMINATION
9
19.
VIOLATIONS
10
20.
NO LEASEHOLD INTEREST CONFERRED BY PERMIT
10
21.
COURT COSTS AND ATTORNEY'S FEES
10
22.
ENTIRE AGREEMENT
10
23.
AMENDMENTS
10
EXHIBIT "A" (COMPOSITE)
2
�Y2Ct5�2
REVOCABLE PERMIT
1. DESCRIPTION OF PREMISES
The City of Miami (CITY) hereby issues this Revocable Permit
(the "PERMIT") to the United States Yacht Racing Union, a not -for
profit corporation registered in the State of New York, (the
PERMITTEE), for the purpose and under the conditions hereinafter
set forth, permitting said PERMITTEE to use the PREMISES
described in Exhibit "A" Composite attached hereto and made a
part hereof, subject to the public right of access to the
waterfront and to the requirements set forth in Section 3(4)(b)
of the Charter of the City of Miami.
2. TERM
This Revocable Permit shall be valid for a period of one
year, commencing upon CITY's delivery of the PREMISES and
improvements to PERMITTEE, and terminating one year from such
date of delivery, unless otherwise revoked or terminated as
provided in this Permit. It is contemplated by the parties that
delivery should occur on approximately October 1, 1986, but may
occur at any time up to and including December 1, 1986. If the
CITY cannot make delivery by December 1, 1986, in the ►Wanner
described hereinabove, this Permit shall automatically terminate
and be of no further force or effect. 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, at any time, by delivery to PERMITTEE of a
written notice of revocation thirty (30) days prior to the date
of revocation. This Revocable Permit may be extended on a montn
to month basis by approval of the City Manager. It is understood
PERMITTEE may at any time terminate this permit by delivery to
CITY of a written notice of revocation thirty (30) days prior to
the date of such termination.
3
sa-361
It
3. PURPOSE
The PREMISES shall be used by PERMITTEE exclusively for the
operation of a temporary national ana iaLCrna64viiai viYuit+«.
sailing and training center. It is agreed that the CITY may
during the term of this PERMIT, issue a Request For Proposal for
the development of a permanent training facility on the PREMISES.
If the CITY issues such a Request for Proposals, PERMITTEE agrees
it shall submit a bona fide response thereto.
4. FEE
PERMITTEE shall pay for the use of the PREMISES a fee in the
amount of $1.00 per year.
5. LAWS APPLICABLE
The PERMITTEE accepts this Revocable Permit recognizing that
all laws of the State of Florida, and ordinances of the City of
Miami and Dade County, Florida, and the Charter of the City of
Miami pertaining to the development, 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 the
PERMITTEE
agrees to
comply
therewith as the
same
presently
exist and
as they
may be
amended hereafter.
Both
parties shall comply with all applicable laws, ordinances and
codes of Federal, State and local governments. This Permit shall
be construed and enforced according to the laws of the State of
Florida.
6. ASSIGNMENT OR TRANSFER
Without the express consent of the City Commission, the
PERMITTEE cannot assign or transfer its privilege of entry and
use granted unto it by this Revocable Permit, nor shall it
delegate its obligations set forth in this PERMIT.
7. CONDITION OF PREMISES
Upon delivery of the PREMISES in accordance with Section 2
herein, PERMITTEE accepts the PREMISES and the improvements
located thereon and agrees to maintain them in the same condition
as.existing at the time of delivery.
4 ., 96.361
E
8. ALTERATION BY PERMITTEE
The PERMITTEE may not make any alterations, additions,
partitions or improvements in or to the PREMISES after delivery
without the written consent of the City Manager or his designee.
All additions, partitions, or improvements shall become the
property of the CITY and shall remain a part of the PREMISES upon
the revocation or expiration of this Revocable Permit and any
extensions or renewals hereof. The cost of renovation of the
PREMISES as to alterations, additions, partitions or improvements
after delivery to PERMITTEE shall be borne by and is the
financial responsibility of the PERMITTEE and not the CITY.
9. OWNERSHIP OF DOCUMENTS
All writings, diagrams, tracings, charts, schedules and all
other documents developed by PERMITTEE in connection with this
PERMIT shall be delivered to CITY by said PERMITTEE upon
expiration, revocation or cancellation of this PERMIT and shall
become the property of CITY, without restriction or limitation on
their use.
It is further understood by PERMITTEE that any information,
writings, maps, contract, documents, reports or any other matter
whatsoever which is given by CITY to PERMITTEE shall at all times
remain the property of CITY and shall not be used by PERMITTEE
for any other purposes whatsoever without the written consent of
CITY.
10. MAINTENANCE
The PERMITTEE agrees to maintain the PREMISES and the
improvements located thereon in good order and repair at all
times, and in an attractive and clean condition during the period
of this Revocable Permit or any extension or renewal hereof. In
the event PERMITTEE fails to repair any damage caused to the
PREMISES ten (10) days after receipt of written notice from the
CITY directing the required repairs, CITY shall cause -the
PREMISES to be repaired at the sole cost and expense of the
PERMI`1'TEE. PERMITTEE shall pay CITY the full cost of such
repairs within ten (10) days of receipt of an invoice indicating
5
86-361
S. ALTERATION BY PERMITTEE
The PERMITTEE may not make any alterations, additions,
partitions or improvements in or to the PREMISES after delivery
without the written consent of the City Manager or his designee.
All additions, partitions, or improvements shall become the
property of the CITY and shall remain a part of the PREMISES upon
the revocation or expiration of this Revocable Permit and any
extensions or renewals hereof. The cost of renovation of the
PREMISES as to alterations, additions, partitions or improvements
after delivery to PERMITTEE shall be borne by and is the
financial responsibility of the PERMITTEE and not the CITY.
9. OWNERSHIP OF DOCUMENTS
All writings, diagrams, tracings, charts, schedules and all
other documents developed by PERMITTEE in connection with this
PERMIT shall be delivered to CITY by said PERMITTEE upon
expiration, revocation or cancellation of this PERMIT and shall
become the property of CITY, without restriction or limitation on
their use.
It is further understood by PERMITTEE that any information,
writings, maps, contract, documents, reports or any other matter
whatsoever which is given by CITY to PERMITTEE shall at all times
remain the property of CITY and shall not be used by PERMITTEE
for any other purposes whatsoever without the written consent of
CITY.
10. MAINTENANCE
The PERMITTEE agrees to maintain the PREMISES and the
improvements located thereon in good order and repair at all
times, and in an attractive and clean condition during the period
of this Revocable Permit or any extension or renewal hereof. In
the event PERMITTEE fails to repair any damage caused to the
PREMISES ten (10) days after receipt of written notice from the
CITY directing the required repairs, CITY shall cause the
PREMISES to be repaired at the sole cost and expense of the
PERMITTEE. PERMITTEE shall pay CITY the full cost of such
repairs within ten (10) days of receipt of an invoice indicating
5 86-361
Ll
the cost of such required repairs. Failure to pay such invoice
shall be sufficient cause to revoke the Revocable Permit as
provided in Section 19 below. Notwithstanding the above, the
CITY reserves the right to revoke this Revocable Permit for
PERMITTEE'S failure to repair the PREMISES as directed without
the necessity of the CITY first causing the PREMISES to be
repaired.
11. CITY'S RIGHT OF ENTRY
The 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
The PERMITTEE shall indemnify and save harmless the 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 against all risk of loss, injury or damage of any
kind or nature whatsoever to the improvements on the PREMISES, or
to any boats, chattals, merchandise or to any other property that
may now or hereafter be placed upon said PREMISES, whether
belonging to the 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 the CITY or any of its employees,
agents, or otherwise, and to keep harmless the CITY from all
claims and suits growing out of any such loss, injury or damage.
CITY shall not be liable to PERMITTEE for any damage to personal
property placed, kept or maintained upon the PREMISES.
13. INDEMNIFICATION CLAUSE
The PERMITTEE covenants and agrees that it shall indemnify,
hold harmless, and defend the CITY from and against any and all
claims, suits, actions, damages or causes of action arising
during the period of this Revocable Permit, and any extensions or
renewals hereof, for any personal injury, loss of life or damage
to property sustained in or on the PREMISES, by reason of or as a
6
1. 66-361
result of the PERMITTEE's use or operations thereon, and from and
or decrees which may be entered
against any orders, judgments,
j thereon,
and from and against all costs, attorney's fees,
d in and about the defense of any
expenses and liabilities incurre
such claim and the investigation thereof.
14. INSURANCE
The PERMITTEE shall maintain throughout the period of this
Revocable Permit, and any extensions or renewals hereof, the
following insurance:
k
A. General liability insurance on a comprehensive general
fy; _
liability coverage form, or its equivalent, with a
combined single limit of at least $500000 for bodily
i
injury liability and property damage liability.
�!
B. Automobile liability insurance covering all owned, non-
owned and hired vehicles used in conjunction with
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.
C. The policy or policies of insurance required shall be
so written that the policy or policies may not be
cancelled or materially changed without sixty (60) days
advance written notice to the City of Miami being
delivered to the Risk Management Division, Finance
Department, 65 SW First Street, Miami, Florida 33130.
A current Certificate of Insurance showing the required coverage
shall be supplied to the Property & Lease Management Office of
ithe 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
i
j Strength: The company must be rated no less than A as to
management, and no less than Class X 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.
86-361
7
V
In lieu of the purchase of commercial insurance policy or
policies as required above, the PERMITTEE may satisfy the
insurance requirement by the establishment and maintenance of a
qualified self-insurance fund which would provide protections to
the City equivalent to those specified in the insurance
requirement. Such alternative arrangements must be approved by
the City of Miami Finance Department, Risk Management Division,
65 S.W. First Street, Miami, Florida 33130.
15. PEACEFUL SURRENDER
At the expiration of the Revocable Permit period, or any
extensions and renewals hereof, the PERMITTEE shall, without
demand, quietly and peacefully relinquish, surrender and deliver
up possession of the PREMISES and all improvements thereon in
good condition, (good condition is deemed to be the same
condition as the PREMISES and improvements were in at the time of
delivery to PERMITTEE), such relinquishment, surrender and
delivery also being required upon demand of the City Manager,
pursuant to the provisions of Section 2 and Section 19 of this
PERMIT or as may otherwise be directed by the CITY.
16. GENERAL CONDITIONS
A. 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 United States Yacht Racing Union
Attn: Property & Lease Mgmt. Box 209
City of Miami Newport, Rhode Island 02840
P. 0. Box 330708
Miami, Florida 33133
B. Title and paragraph headings are for convenient
reference and are not a part of this Revocable Permit.
8
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 same or any other provisions hereof, and
no waiver shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
i
phrases contained in this Revocable Permit be
determined by a court of competent jurisdiction to be
invalid, illegal or otherwise unenforceable 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
A
deemed severable, and in either event,
the remaining
z
4
terms and provisions of this Revocable
Permit shall
A`, remain unmodified and in full force and effect.
17. ADVERTISING
The PERMITTEE has the right to erect one site identification
i
!3 sign on the PREMISES. The PERMITTEE shall not permit any signs
or advertising matter to be placed either in the interior or upon
the exterior of the PREMISES or grounds without having first
obtained the approval of the City Manager or his designee and
such approval shall not be unreasonably withheld. The CITY
reserves the right to erect or place upon the PREMISES an
appropriate sign indicating the CITY's having issued this
Revocable Permit.
i
18. NONDISCRIMINATION
' PERMITTEE shall not discriminate against any persons on
i
account of race, color, sex, religious creed, ancestry, national
i
origin, mental or physical handicap, in the use of the PREMISES
and the improvements thereon.
i
19. VIOLATIONS
i'
}, If the 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
the PERMITTEE by the
City Manager within
which to cease such violation
or to correct
such deficiencies,
and upon failure of the
PERMITTEE to so do
after such written notice, this Revocable Permit shall be revoked
automatically without the need for other or further action by the
CITY.
20. NO LEASEHOLD INTEREST CONFERRED BY PERMIT
t
P; The provisions of this Revocable Permit do not constitute a F
lease and the rights of the PERMITTEE hereunder are not those of
�4
a tenant. No leasehold interest or any other real property
interest in the PREMISES is conferred upon the PERMITTEE under `
k
the provisions hereof. '-
21. COURT COSTS -AND ATTORNEY'S FEES
In the event that it becomes necessary for the CITY to a
f
institute legal proceedings to enforce the provisions of this
Revocable Permit, PERMITTEE agrees to pay the CITY's court costs
i and attorney's fees.
22. ENTIRE AGREEMENT
The requirements and conditions set forth in this instrument
and its attachments constitute the sole and only agreement of the
parties hereto relating to the use of the Premises and correctly
sets forth the rights, duties, and obligations of PERMITTEE as of
t
its date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this PERMIT are of no
force or effect.
23. AMENDMENTS
No amendments to this PERMIT shall be binding on either
party unless in writing and signed by both parties.
10 86-361
I
IN WITNESS WHEREOF, the PERMITTEE has hereunto caused this
Revocable Permit to be applied for and has execpted the f llowing
by its duty authorized officers, as of this Ag— day of (=_r
198
PERMITTEE:
UNIT,ED STATES YACHT RACING UNION
ATTEST:
Corporate Secretary
GMM/wpc/ab/bss/P033/M004
By Jj
President
(Seal)
0
A I
LEGAL DESCRIPTION
Commence at the Northeasterly Corner of Lot 14, Block 43 of
NEW BISCAYNE AIM as recorded in Plat Book "B" at Pape 16 of
the Public Records of Dade County, Florida; thence run South-
easterly along the Northeasterly boundary of said Lot 14 for
a distance of 330 feet to a point; thence at right angles to
the aforesaid Northeasterly boundary line of said Lot 14 run
25 feet to a point, said point being the Point of Beginning
of the following described parcel of land; thence continue
in the sane direction a distance of 78 feet; thence deflect
35°30' to the right run a distance of 43 feet; thence deflect
to the right 54_30' run a distance of 93 feet; thence deflect
90° to the left run a distance of 68 feet, more or less, to
the Southeasterly boundary of Lot 15,Block 43 of said plat
of NE14 BISCAYNE A M (said boundary line also being the North-
easterly line of Coral Reef Yacht Club Property); thence
Southeasterly along the aforesaid boundary line of Lot 15 a
distance of 262 feet, more or less to the shore line of an
existing inlet from Biscayne Bay; thence continue along the
aforesaid Southeasterly boundary line of Lot 15 for a distance
of 200 feet, more or less to the intersection with the former
Dade County Bulkhead Line as recorded in Plat Book 74 at Page 3
of the Public Records of Dade County; thence Northeasterly
along said Bulkhead Line a distance of 183 feet more or less to
the intersection with the line 25 feet from as measured at right
angles to and parallel with the Northeasterly boundary line of said
Lot 14; thence Northwesterly along said line 25 feet from and
parallel with the Northeasterly boundary line of said Lot 14 a
distance of 390 feet more or less to the Point of Beginning said
parcel containing 76,850 Square Feet more or less.
Subject to a public and utility easement: (1) the Southeasterly
40 feet of the aforesaid described property along the former
Dade County Bulkhead Line.
PAGE 1 OF EXHIBIT "A" (COMPOSITE)
66~,3s1
171
PAGE 2 OF EXHIBIT "A" (COMPOSITE)