HomeMy WebLinkAboutR-86-0300J-86-83
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RESOLUTION NO. $G- 4.'00
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE AGREEMENT, FOR AN
APPROXIMATE FIFTEEN -YEAR PERIOD TERMINAT-
ING ON DECEMBER 1, 20009 WITH CASINO
ESPANOL DE LA HABANA, INC., A NON-PROFIT
CORPORATION, FOR A LEASE OF APPROXIMATE-
LY 30,000 SQUARE FEET OF LAND, SITUATED
ON THE NORTHEASTERLY CORNER OF THE MARINE
STADIUM COMPLEX, AT A MINIMUM ANNUAL BASE
RENT OF $39000 OR 2.5% OF ALL GROSS
RECEIPTS FROM SUCH ACTIVITIES AS MAY BE
APPROVED BY THE CITY MANAGER PURSUANT TO
THE LEASE AGREEMENT, EXCLUDING MEMBERSHIP
FEES OR CONTRIBUTIONS, WHICHEVER IS
GREATER.
WHEREAS, Resolution 85-1088 passed and adopted October 24,
1985, accepted in principle the proposal of Casino Espanol de la
Habana, Inc., a non-profit corporation; and
.WHEREAS, said resolution also authorized and directed the
City Manager to negotiate a lease agreement with Casino Espanol
de la Habana, Inc.; and
WHEREAS, said resolution further directed the City Manager
to present the negotiated lease agreement to the City Commission
as soon as practicable for final consideration and approval by
the City Commission prior to the execution of said contract; and
WHEREAS, Property & Lease Management negotiated the terins
and conditions of the heretofore mentioned lease with Casino
Espanol de la Habana, Inc., substantially improving the return to
the City from that initially proposed by Casino Espanol de la
Habana, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter
into a lease agreement, for an approximate fifteen (15) year
period.terminating on December 1, 2000, with Casino Espanol de la
Habana, Inc., a non-profit corporation, for lease of.
approximately 30,000 square feet of land, situa ed on the
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CITY COMMISSION
MEESf:TINQ op
07
APR 22 080
northeasterly corner of the Marine Stadium Complex, at a minimum
annual base rent of $3,000 or 2.5% of all gross receipts from
such activities as may be approved by the City Manager pursuant
to the Lease Agreement, excluding membership fees and
contributions, whichever is greater.
PASSED AND ADOPTED this 22nd day of APRIL , 1986.
PREPARED AND APPROVED BY:
ROBERT F. CLAR
CHIEF DEPUTY CITY ATTORNEY
APPROVED TO FORM AND
CORRE E
LUCIA A. ADOUGHrRTY
CITY ATTORNEY
E
;AV,I-E'R L. SUAREZ, ..MAY`OR-
LEASE AGREEMENT
THE LEASE AGREEMENT, made and entered into this day of
1986, by and between the CITY OF MIAMI, a
municipal corporation of the State of Florida (hereinafter called
the "LESSOR"), and CASINO ESPANOL DE LA HABANA, INC., a non-
profit corporation, (hereinafter called the "LESSEE").
Now, therefore, in consideration of the mutual covenants
hereinafter contained, the parties hereto covenant and agree as
follows:
1. -PREMISES TO BE LEASED
For and in consideration of the mutual covenants hereinafter
set forth, the LESSOR does hereby lease to the LESSEE 309000
square feet of unimproved property, described on the attached
Exhibit I, situated on the northeasterly corner of the Marine
Stadium Complex Lagoon at Virginia Key.
2. TERMS OF LEASE AGREEMENT
The term of this Lease Agreement shall be for approximately
fifteen (15) years beginning on the date of the execution of this
Lease Agreement, and expiring on December 1, 2000.
3. USE OF PROPERTY
LESSEE agrees that the property herein leased shall be used
for the purpose of conducting aquatic sports activities and
promoting international competition. LESSEE agrees to comply
with all State, County and City rules and regulations, and any
other agency that may have jurisdiction in these matters.
LESSEE shall not engage in sale of food, drinks, or
alcoholic beverages, or sale of any other merchandise to the
public without first obtaining the written consent and adhere to
any mandate made as a consequence by City Manager of the CITY.
4. IMPROVEMENT
LESSEE agrees that no construction, repairs, alterations or
improvements may be undertaken upon the demised premises unless
the plains:
(1) Be first submitted to Property and Lease
Management, for presentation and review
by all Departments and Offices with
jurisdiction, and
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(2) Be approved by the City Manager of the
City of Miami, Dade County, Florida, and
(3) Be in compliance with all State, County
and City rules and regulations, and any
other agency that may have jurisdiction
in these matters.
LESSEE also agrees to obtain all the necessary and
applicable permits in compliance with all State, County and City
rules and regulations, as well as proof of adequate financing,
for construction of improvements to commence, within eighteen
(18) months after execution of this Lease Agreement. Failure to
obtain all the heretofore mentioned permits or to provide proof
of adequate financing, may cause, but not obligate, LESSOR to
terminate this Lease Agreement per Section 17, Termination.
LESSEE further agrees that costs of constructing, improving
and maintaining roads of ingress and egress to the leased area
are its responsibility.
Upon completion of construction, the paid invoices, receipts
and other such documents shall be submitted to the City Manager
and shall be incorporated herein and attached hereto.
S. CONSIDERATION
LESSEE does hereby covenant and agree to pay the LESSOR, as
rental for the use and occupancy of the Leased Premises
throughout the period of this Lease Agreement, the sum of Three
Thousand Dollars ($3,000.00) per year in advance, payable in
twelve equal monthly installments, beginning on the date of the
execution of this Lease Agreement, and on the first day of each
and every month thereafter for the period of time the LESSEE
occupies the demised premises, or 2 1/2% of all gross receipts,
from such activities as may be approved by the City Manager,
whichever is greater. "Cross receipts" is defined as all income,
whether collected or accrued, from any and all activities as may
be approved pursuant to Section 3, conducted on the property,
including but not limited to sale of food and beverage, goods and
services, or from any other source, but excluding membership fees
or contributions.
8E "_ 300.
6. INSURANCE
Lessee shall maintain during the term of this Lease
Agreement the following insurance:
A. General Liability Insurance on a Comprehensive General
Liability coverage form or its equivalent, with a
combined single limit of at least One Million Dollars
($1,000,000.00) for bodily injury and property damage
liability. Products and completed operations coverage,
personal injury, contractual liability, and premises
medical payments coverages shall be included. The CITY
shall be named as an Additional Insured.
B. Automobile Liability Insurance covering all owned, non -
owned and hired vehicles in amounts of not less than
$100,000.00 per, accident and $300,000.00 per occurrence
for bodily injury and $25,000.00 property damage.
C. Should structures) be built subsequent to this
agreement, the City holds the right to require All Risk
Property insurance coverage on a replacement cost basis
for real and personal property located on the
designated premises leased to the Lessee by the Lessor.
The City shall be named as a Named Insured on such
policy.
D. The policy or policies of insurance required shall be
written in a manner such that the policy or policies
may not be canceled or materially changed without sixty
(60) days advance written notice to the LESSOR.
Written notice shall be sent to the Risk Management
Division, Department of Finance.
Evidence of compliance with the insurance requirements shall be
filed with the Risk Management Division of the City of Miami
prior to execution of this Lease Agreement and each renewal.
Such insurance shall be subject to the approval of the Risk
Management Division. All insurance policies required must be
written by a company or companies rated at least "A" as to
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7 0
management and Class "X" as to financial strength, in the latest
edition of the Best's Insurance Guide, published by Alfred M.
Best Company, Inc., 75 Fulton Street, New York, N.Y. Compliance
with the foregoing requirements shall not relieve the LESSEE of
its liability and obligations under this section or under any
other portion of this Lease Agreement.
7. INDEMNIFICATION
LESSEE covenants and agrees that it shall indemnify, hold
harmless, and defend the LESSOR from and against any and all
claims, suits, actions, damages or causes of action arising
during the term of the Lease Agreement for any Personal Injury,
Loss of Life, or Damage to Property sustained in or about the
Leased Premises, by reason of or as a result of the LESSEE'S
occupancy thereof, and from and against any orders, judgments or
decrees which may be entered thereon, and from and against all
cost, attorney's fees, expenses and liabilities incurred in and
about the defense of any such claim and the investigation
thereof.
8. LICENSES
LESSEE shall obtain and pay for all licenses and permits for
the operation of the Leased Premises, if applicable, in
compliance with all State, County and City rules and regulations,
and any other agency that may have jurisdiction in these matters.
9. DAMAGES OR LOSS TO LESSEE'S PROPERTY
LESSEE releases the LESSOR from any and all liability, cost
or expenses for damage, or loss to the LESSEE'S property for any
cause whatsoever. Fencing around the premises and security are
the sole responsibility of the LESSEE.
10. UTILITIES
LESSEE shall pay for all utilities consumed on the premises
as well as connection and installation charges thereof and waste
collection, if any.
11. MAINTENANCE OF LEASED PREMISES
LESSEE covenants and agrees that it shall, at its own cost
and expense, maintain all Leased Premises in good and operable
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86-3oa
condition during the term of this Lease Agreement, and will keep
the Leased Premises in a condition of proper cleanliness,
orderliness and state of attractive appearance at all times.
LESSEE also agrees that all improved common areas utilized by the
LESSEE, such as the perimeter road, will be maintained by LESSEE
at its expense. LESSEE further agrees that maintenance of the
access road will also be maintained by LESSEE at its expense. If
the Leased Premises are not kept clean and. attractive in
appearance or proper state of repair, at the option of the
LESSOR, or his designated agent, the LESSEE shall be so advised,
and, if not corrected by the LESSEE •within seven (7) days time,
the LESSOR may cause the Leased Premises to be cleaned and/or
repaired at the LESSEE's cost and expense, and the LESSEE shall
reimburse the LESSOR within thirty (30) days from the notice to
the LESSEE, for said costs and.charges. Continued breach of this
section will be considered a default of this Lease Agreement.
12. ASSIGNMENT AND SUBLETTING OF PREMISES
LESSEE shall not, at any time during the term of this Lease
Agreement, sublet any part of the premises, or assign this•Lease
Agreement or any portion or part thereof, except and by virtue of
written authorization granted by the City Commission to the
LESSEE.
13. SUCCESSORS AND ASSIGNS
This Lease Agreement shall be binding upon the parties
herein, their heirs, executors, legal representatives,
successors, and assigns.
14. EXAMINATION OF PREMISES
LESSEE agrees to permit the LESSOR'S City Manager or his
designee to enter upon the Leased Premises at any time for any
purpose the LESSOR deems necessary to, incidenta•1 to or connected
with the performance of the LESSOR'S duties and obligations
hereunder or in the exercise of its rights or functions.
y
86-3,00
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15. ADVERTISING
LESSEE shall not permit any signs or advertising matter to
be placed on any portion of the Leased Premises except with prior
written approval of the City Manager or his designee.
16. RULES AND REGULATIONS
LESSEE agrees that it will abide by any and all rules and
regulations pertaining to the use of the Leased Premises which
are not in effect, or which may at any time during the term of
the Lease Agreement be promulgated.
17. TERMINATION
LESSEE agrees that it will perform and abide by all the
terms and covenants of this Lease Agreement. In the event of any
breach of any such term or covenant the LESSOR may terminate this
Lease Agreement upon thirty (30) days notice of the LESSEE.
LESSOR may terminate this Lease Agreement with or without
cause upon thirty (30) days notice, in writing, of the LESSOR'S
intention to cancel this Lease Agreement, provided, however, the
LESSOR shall pay to the LESSEE the actual cost of the
improvements (as evidenced by the documents included in this
Lease Agreement pursuant to Section 4) which will take into
consideration the unamortized life of the improvements based on a
fifteen (15) year straight line of depreciation schedule.
Payment of the depreciated actual cost of the improvements, if
any, shall be made as of the date of such cancelldtion of the
Lease Agreement and must be paid within thirty (30) days of the
ensuing budget year.
.18. DEFAULT PROVISION
In the event that LESSEE shall fail to comply with each and
every term and condition of this Lease Agreement or fails to
perform any of the terms and conditions contained herein, then
LESSOR, at its sole option, upon written notice to LESSEE may
cancel and terminate this Lease Agreement, and all payments,
advances, or other compensation to be paid to LESSEE by LESSOR in
terminating this Lease Agreement shall be forfeited by LESSEE as
liquidated damages.
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1.04 V
19. GENERAL CONDITIONS
A. All notices or other communications which shall or may
be given pursuant to this Lease Agreement 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 CASINO ESPANOL DE LA HABANA INC.
C ty.Manager 125 NE 2nd Avenue
P. 0. Box 330708 Miami, Florida 33132
Miami, Florida 33133
B. Title and paragraph headings are for convenient
reference and are no% a part of this Lease Agreement.
C. In the evert of conflict between the terms of this
Lease Agreement and any terms or conditions contained in any
attached documents, the terms in this Lease Agreement shall rule.
20. SURRENDER OF PREMISES
Upon termination of this Lease Agreement by lapse of time or
otherwise, the LESSEE will promptly and peacefully surrender and
deliver possession to the LESSOR of the premises to which this
Lease Agreement is applicable', in accordance with the covenants
herein contained.
21. NON-DISCRIMINATION
LESSEE agrees that there will be no discrimination against
any person on account of race, color, sex, religious creed,
ancestry, national origin, mental or physical handicap, in the
use of the demised premises and the improvements thereof. It is
expressly understood that upon presentation of any evidence of
discrimination the LESSOR shall have the right to terminate this
Lease Agreement.
22. AFFIRMATIVE ACTION PLAN 1
An affirmative action plan requires that action be taken to
provide'equal opportunity, as -in hiring or admission, for members
of previously disadvantaged groups, such as women and minorities,
and often involves specific goals and timetables.
LESSEE, in furtherance of providing equal opportunity- for
previously disadvantaged groups such as minorities, shall
institute an Affirmative Action Plan.
23. AMENDMENTS `
LESSOR may, at its discretion, amend the Lease Agreement to
conform with changes in applicable City, County, State and
Federal laws, directives, guidelines and objectives. Such
amendments shall be incorporated as a part of this Lease
Agreement. No amendments to this Agreement shall be binding on
either party unless in writing and signed by both parties.
24. AWARD OF AGREEMENT
LESSEE warrants that it has not employed or retained any
person employed by the LESSOR to solicit or secure this Lease
Agreement and that it has not offered to pay, paid, or agreed to
pay any person employed by the LESSOR any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the award of. making this Lease Agreement.
25. CONFLICT OF INTEREST
LESSEE covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Lease Agreement has any personal financial
interests, direct or indirect, in this Lease Agreement. The
LESSEE further covenants that, in the performance of this Lease
Agreement, no person having such conflicting interest shall be
employed. Any such interests on the part of the LESSEE or its
employees, must be d13clo3eJ in writing to the LESSOR.
LESSEE is aware of the conflict of interest laws of the City
of Miami (Miami City Code Chapter 2, Article V), Dade County,
Florida (Dade County Code, Section 2-11.1) and the Florida
Statutes, and agrees that it will fully comply in all respects
with the terms of said laws.
4- 8E--300.
LESSEE, in the performance of this Lease Agreement, shall be
subject to the more restrictive law and/or guidelines regarding
conflict of interest promulgated by federal, state or local
government.
26. CONSTRUCTION OF AGREEMENT
This Lease Agreement shall be construed and enforced
according to the laws of the State of Florida.
27. SEVERABILITY
In the event any paragraph, clause or sentence of this Lease
Agreement or any future amendment is declared invalid by a court
of competent jurisdiction, such paragraph, clause or sentence
shall be stricken from the subject Lease Agreement and the
balance of the Lease Agreement(S) shall not be affected by the
deletion thereof. ,
28. INDEPENDENT CONTRACTOR
LESSEE and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of LESSOR,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY, or any rights generally
afforded classified or unclassified employees; further it shall
not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of LESSOR.
29. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local Governments.
30. MINORITY PROCUREMENT COMPLIANCE
LESSEE acknowledges that it has been furnished a copy of
Ordinance No. 9775, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
31. WAIVER_
No waiver of any provision hereof shall be deemed to have
been made unless such waiver be in writing signed by the City.
86-300.
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The failure of the City of Miami to insist upon the strict
performance of any of the provisions or conditions of this Lease
Agreement, shall not be construed as waiving or relinquishing in
the future any such covenants or conditions but the same shall
continue and remain in full force and effect.
32. AUDIT RIGHTS
LESSOR reserves the right to audit the records of LESSEE at
any time during the performance of this Agreement and for a
period of one year after the expiration date.
33. 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 effect.
IN WITNESS WHEREOF, the parties hereto have individually,
through their proper officials, executed this Lease Agreement the
day and year above written.
LESSOR: THE CITY OF MIAMI, FLORIDA
a Municipal Corporation of
The State of Florida
BY
CITY MANAGER
ATTEST:
MATTY HIRAI, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS
LUC A A. DOUGHERTY
CITY ATTORNEY
APPROVED AS TO INSURANCE REQUIREMENTS
RISK MANAGEMENT
LESSEE: CASINO ESPANOL DE LA
HABANA, INC., a non-
profit corporation
BY
P ESIDENT
(SEAL)
ATTEST:
CORPORATE SECRETARY
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8f -300
PROPOSED LEASE AREA ND, 6 AT HARM STADIA!
LEGAL DESCRIPTION
Commence at the S.E. corner of•Sectiop 17. Township 54 Southe Range
42 East; thence run N 89056149.51, V along the southerly line of
said Section 17•for &.distance of 2709.32 feet, acre or less, to a
point of intersection with a line•being 660.00 feet northeasterly. of
and parallel with the centerline of Rickenbacker C;tuseray; thence
run N 45*22'07" W along said line beiisg 660:00 feet northeasterly
of and parallel with the centerline of Rickenbacker Causeway for a
distance of 766.85 feet= thence N 60-34'-32" 8 &logs a Use which
is 40 feet Southeasterly and parallel with the southeasterly line of
the "PLANET OCEAN PROP I"' a distance of 265 feet to a Point an
Center of the perimeter road having a radius of ' 790 feet whose bearing
from the center ii.S C32120" 8; thence northeasterly along said
curve a distance of.'1123.93 *.feet to the Point of Beginning of the
hereinafter described parcel of land= thence continue along the are
of said curve having a raduuss of 790 feet which bearing is a 86011134" W
for a distance- of 496.37 feet through a central angle of 36sto a
Point on Canter with aline which is 1540 fat northeasterly of and
parallel with the City Limits of Minds thence S 43022107" E along
the aforesaid described lime 340 feet; thence $ 24 =40' S3" W a distance
of 263 f feet to the Point of Beginning.
Containing MOO
*-Square feet
EXHIBIT....1
.
86 -3oo.
EXHIBIT 2
EXHIBIT 2
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•:�.:. r►v: �j' ��:,%� F&OPOSED LCAS! +;••• •� •~y i i�:o•��•.Y !.
�'� ' MARINR STADIUM '�.r• •• , , �` • M..
CORPORATE RESOLUTION
WHEREAS, the CITY OF MIAMI has agreed to enter into a Lease
Agreement with CASINO ESPANOL DE LA HABANA, INC., for the use of
approximately 30,000 square feet of land situated on the
northeasterly corner of the Marine Stadium Complex Lagoon at
Virginia Key, for the purpose of conducting aquatic sports
activities and promoting international competition; and
WHEREAS, CASINO ESPANOL DE LA HABANA, INC., has agreed to
accept this Lease Agreement; and
WHEREAS, the Board of Directors of CASINO ESPANOL DE LA HABANA,
INC., has examined terms, conditions, and obligations of the
attached Lease Agreement with the CITY OF MIAMI, for the use of
approximately 30,000 square feet of land situated on the
northeasterly corner of the Marine Stadium Complex Lagoon at
Virginia Key, and
WHEREAS, the Board of Directors of CASINO ESPANOL DE LA HABANA,
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
CASINO ESPANOL DE LA HABANA, INC., that the president and secretary
are hereby authorized to enter into a Lease Agreement 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 Lease Agreement submitted by the CITY OF MIAMI.
IN WITNESS WHEREOF, this ` day of 5'#?vt'Av 44% , 1985
CHAIRMAN, Board of Directors
CASINO ESPANOL DE LA HABNA, INC.,
a non-profit corporatio;fA�
SECRETARYmm
i
8E--300
CITY OF MIAMI. RLOItIbA
IN"*-OlrFICK MEMORANDUM
To: Mr. Cesar Odio DA?'E: April 15, 1986 MLA=
City Manager
sutlEcr: AGENDA ITEM/4l22/1986
FROM: Mil er "J.
BWkins RERERENCEl:
Vice -Mayor
ENCLOSURE!:
Please schedule the,foliowing item on the April 22nd Commission agenda:
CASINO ESPANOL
gf
SC-0�02 no
YW -
CJTti QL_ tylrr.w ri.0a10a
INTEROFFICE MEMORANDUM
Honorabls4ayor and Member March 25, 1986 MIA-&5-2'5
of the 011V Commission
Casino Espanol Lease
Agreement
LA!.a A. Dough7�p
y FEFENENCES Commission Meeting
City Attorney 3/18/86, Agenda Item #1
ENCLOSUPES
At the request of Mayor Suarez, we have reviewed MaJon's "Manizal
c Legislative Prooedure", 1979, in connection with the legality
cf a proposed motion by Vice -Mayor Dawkins to have the City
Commission reconsider its action on the above -referenced item.
Caapter 42 of Masons work, entitled "Motion To Reconsider"
treats the subject at length and its provisions are fairly
.'4spositive of the question posed:
WHETHER A MOTION TO RECONSIDER MAY BE PROPERLY
ENTERTAINED WHERE THE QUESTION SOUGHT TO BE
RECONSIDERED WAS ACTED UPON AT A PAST MEETING OF THE
CITY COMMISSION?
The answer is in the affirmative.
The following language of Paragraph 6 of Section 461 in Mason'
is clear on this point:
"6. A vote upon a reconsideration need not be taken
at the same or the next succeeding meeting, but may be
taken at any time before the rights have intervened in
pursuance of the vote taken or before the status quo
has been changed."
-;.'his item did not receive an affirmative vote of three members of
whe City Commission; accordingly, it was not adopted since the
below -mentioned City Charter provision [City Charter Section
_!f)] mandates this affirmative vote:
..The ayes and noes shall be taken upon the
'passage of all ordinances or resolutions and entered
upon the journal of the proceedings of the commission,
and every ordinance or resolution shall require on
final passage, the affirmative vote of a majority of
all the members.,.."
I
86 -3oo
.ororable Mayor and Members
of the City Commission
Page C
Additionally, Mason's states:
March 25, 1986
MIA-e6- 25
"But if the body 'be .equally divided, Seriiner
rresumatur pro negan. u, the former law is not changed
because no affirmative action can be taken except by a
majority...."
(Mason's, Section 513, Paragraph 1)
3:.nce no rights have become vested as a result of th-,3 City
Ccmmission's vote on March 18, 1986 and so long as the status quo
remains the same, i.e., no substantial change has been made in
1:e City's position with regard to the disposition of tha
property in question, the Motion To Reconsider is in order.
As a point of clarification and in order to dispel an erroneous
assumption commonly held, Mason's does not require that the maker
of a Motion To Reconsider be a Commissioner who voted on the
prevailing side of the question sought to be reconsidered.
(Paragraph 5, Seotion 464, Mason's Manual of Legislation.
Procedure, 1979.)
PREPARED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
TAD/RFC/rr/131
c0: City Manager
City Clerk
86 -300
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and 2
Members of the City
Commission' $UaJtCT: Lease Agreement with
Casino Espanol de le
Habana, Inc.
FROM! Cesar H. Od i o l v :NCLOSURESs
tF[Rtmets.
City Manager v
A resolution authorizing the City Manager to
enter into a Lease Agreement, for an approxi-
mate fifteen -year period, terminating Decem-
ber 1, 2000, with the Casino Espanol de la
Habana, Inc., a non-profit corporation, for a
lease of approximately 30,000 square feet of
land, situated on the northeasterly corner of
the Marine Stadium Complex, at a minimum
annual base rent of $3,000 or 2.5% of all
gross receipts from such activities as may be
approved by the City Manager pursuant to the
Lease Agreement, excluding membership fees or
contributions, whichever is greater.
On October 24, 1985, the City Commission adopted Resolution 85-
1088, accepting in principle the.proposal of Casino Espanol de la
Habana, Inc., a non-profit corporation, and authorizing and
directing the City Manager to negotiate a Lease Agreement.
The Property and Lease Management Division of General Services
Administration negotiated the terms of said Lease Agreement,
substantially improving the return to the City from that
initially proposed by Casino Espanol de la Habana, Inc. Casino
Espanol has agreed to provide the City with $3,000 per year as
minimum base rent guarantee, a 25% increase per year from the
$2,400 initially proposed rent guarantee.
In addition, the Casino Espanol has agreed to provide the City
with 2.5% of all gross receipts from such income -producing
activities as may be approved by the City Manager pursuant to the
Lease Agreement, excluding membership fees or contributions
retained for Capital Improvements, if greater than the minimum
base rent guarantee. This is, a betterment from the 2.5% of net
earnings originally proposed by the Casino Espanml.
S V' ~ 300
Honorable Mayor and 2 Lease Agreement with
Members of the City Casino Espanol de la
Commission Habana, Inc.
Section 4, Improvement-s, of the Lease Agreement will require the
Casino Espanol to robtain all the necessary and applicable permits
for construction of improvements to commence within eighteen (18)
months after execution of the Lease Agreement. Failure to obtain
all the mandated permits may cause, but not obligate the Lessor
to terminate the Lease Agreement, per Section 179 Termination.
Casino Espanol has agreed to the termination clause contained in
the Lease Agreement giving the City the right to terminate the
Lease Agreement with or without cause upon thirty (30) days
written notice, and the buy-back provision for improvements. The
cost of improvements to be incurred by Casino Espanol, once
approved by the City Manager, is estima.ad to be $175,000.
The Casino Espanol is also committed to construct an access road
to and from the designated site, other than through the Marine
Stadium, and hopes to share maintenance expenses with other
users. They are also willing to share expenses to improve and
maintain the perimeter road. Casino Espanol has requested a
temporary right to ingress and egress through the Marine Stadium,
until such time as their access road is completed.
The term of the Lease Agreement will be for an approximate
fifteen -year period, expiring December 1, 2000, the same as for
the Miami Rowing Club and the American Barge Club.
Property and Lease Management has received and reviewed appraisal
reports submitted by Stone & Clements, Inc. and Hume Realty
Corporation, Members of the American Institute of Real Estate
Appraisers, establishing market value' at $35,000 and $31,500,
respectively.
Set- '300
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