HomeMy WebLinkAboutR-85-1030J-35-1051
RESOLUTION N0. St l00 y�
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY r._
THE FORM ATTACHED, BETWEEN THE PIER 5
BOATMENS ASSOCIATION, INC. AND ALL OF ITS
MEMBERS THEREOF, ROUSE-MIAMI, INC., NEW
WORLD MARINAS, INC. AND THE CITY OF MIAMI
SETTING FORTH THE TERMS AND CONDITIONS FOR
TEMPORARY RELOCATION OF THE PIER 5 BOATMENS
DOCKAGE FACILITIES IN ORDER TO FACILITATE _
THE CONSTRUCTION OF THE BAYSIDE SPECIALTY
CENTER.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an Agreement, in substantially the form attached,
between the Pier 5 Boatmens Association, Inc. and all of its
members thereof, Rouse -Miami, Inc., New World Marinas, Inc. and
the City of Miami setting forth the terms and conditions for
temporary relocation of the Pier 5 Boatmens dockage facilities
in order to facilitate the construction of the Bayside Specialty
Center.
PASSED AND ADOPTED this 10th day of OCTOBER , 1985.
PREPARED A_ND APPROVED BY:
ASSISTANT CITY ATTORNEY
aOUGH
TO FORM AND CORRECTNESS:
ERTY
CITY ATTORNEY
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
CITY COMMISSION
MEETING OF
OCT 10 1985
(RESOLUTION No. �Z 103
REMARKS.
AGREEMENT
The PIER 5 BOATMENS ASSOCIATION, INC.. a Florida
corporation, MELVIN E. STRAHOSKY, STEVE KURLANDER, MICHAEL HENRY
SHAPIRO, ROBERT L. STEPHENS, JR., PETER J. ANDERSON, FRANK E.
SMITH, JAMES P. THOMAS, ROGER LONCARIC, JAMES COURBIER, GARY W.
CON, OSCAR B. BONNER, WILLIAM C. HARRISON, ALTON R. DILLARD,
ALLEN GEORGE JEPSON, DAVID WOLFE, CHARLES M. KLUCK, KENNETH A.
SPAULDING, MIGUEL FERNANDEZ, O.E. CAREY, JOSEPH CRISCOULI, J.C.
DOBSON, THOMAS E. JENKINS, JOHN F. CALLAN, ROBERT B. PARKER, JOHN
J. WATERMAN, DANIEL C. KIPNIS, CHARLES E. SOFGE, STEVE SALEM, and
BRUCE PURDY (hereinafter referred to collectively and
individually as the BOATMEN), and The CITY OF MIAMI (hereinafter
referred to as the CITY), THE ROUSE COMPANY, ROUSE-MIAMI, INC.,
and NEW WORLD MARINAS, INC., for good and sufficient
consideration, agree as follows-
1. The CITY OF MIAMI shall:
a) Use its best efforts to obtain the necessary
permit(s) to construct a temporary dock facility
as set Eorth below and warrant that they are aware
of no impediments to same.
b) if such necessary permits are obtained, fund and
construct a temporary dock, access stairs, finger
piers, pilings and utilities along approximately
700 feet of seawall at the north edge of. the FEC
property, (hereinafter referred to as the
FACILITY), in order to accommodate approximately
35 boats. See Exhibit A which is attached hereto
and incorporated herein, depicting the location of
the FACILITY. The BOATMEN shall have thirty days
from the time the CITY notifies the BOATMEN that
the FACILITY is operable and open to the public to
enter into a dockage agreement in substantially
the form attached hereto as Exhibit "B". Failure
of any BOATMEN to enter into said dockage
agreement within thirty (30) days after the
8" '1030
3PF,
foreqoing notification to BOATMEN shall constitute
a waiver with respect to such person of his
rights to use the FACILITY. Tn the event that
there are any slips vacant at the conclusion of
the thirty day period, the CITY will have the
right to rent or use such slips for any purpose it
elects. Tf 8ayside is not completed and
Miamarina is not operable and opened to the public
for dockage at the end of the five (5) years
stated term of the dockage agreement, each BOATMEN
shall have the option to extend its dockage
agreement, at the standard CITY rates, and for a
term, to be acceptable to both BOATMEN and CITY.
c) In the event the CITY is unable to obtain the
necessary permit(s) to construct the FACILITY the
CITY shall use its best efforts to obtain permits
and upon obtaining such build a break water at the
Watson Tsland dock and provi:le the BOATMEN with
interim dockage at Watson Island free of any
dockage or mooring fees until the break water is
constructed or Bayside (as the term is defined in
paragraph 8 of this Agreement) is complete and
Miamarina is operable and open to the public for
dockage.
d) The parties recognize that the FACILITY will not
be complete prior to providing the BOATMEN with
noti.Fication to vacate their Bayside/Miamarina
site. Accordingly, the CITY will provide the
BOATMEN, pursuant to paragraph 1(c), with interim
dockage at Watson Island free of any dockage fees
but subject to BOATMEN entering into the CTTY's
customary license or agreement for the use of its
docks, which shall govern the BOATMEN's use and
occupancy of Such site.
e) Pay BOATMEN at closing One Hundred and Twenty
SLS-1030
-2-
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I;
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i
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foregoing notification to 80ATMEN shall constitute
a waiver with respect to such person of his
rights to use the FACILITY. Tn the event that
there are any slips vacant at the conclusion of
the thirty day period, the CITY will have the
right to rent or use such slips for any purpose it
elects. Tf Bayside is not completed and
Miamarina is not operable and opened to the public
for dockage at the end of the f ive (5) years
stated term of the dockage agreement, each BOATMEN
shall have the option tc) extend its dockage
agreement, at the standard CITY rates, and for a
term, to be acceptable to both BOATMEN and CITY.
c) In the event the CITY is unable to obtain the
necessary permit(s) to constrict the FACILITY the
CITY shall use its best efforts to obtain permits
and upon obtaining such build a break water at the
Watson Tsland dock and provide the BOATMEN with
interim dockage at Watson Island free of any
dockage or mooring fees until the break water is
constructed or Bayside (as the term is defined in
paragraph 8 of this Agreement) is complete and
Miamar_ina is operable and open to the public For
dockage.
d) The parties recognize that the FACILITY will not
be complete prior to providing the BOATMEN with
notification to vacate their Bayside/Miamarina
site. Accordingly, the CITY will provide the
BOATMEN, pursuant to paragraph 1(c), with interim
dockage at Watson T.s.land free of any dockage fees
but subject to BOATMEN entering into the CTTY's
customary license or agreement for the use of its
docks, which shall govern the BOATMEN's use and
occupancy of such site.
e) Pay BOATMEN at closing One Hundred and Twenty
-2-
SLSV -1030
Seven Thousand ($127,000) for all damages incurred
including but not limited to lost profits and the
cost of relocation to and from Watson Island./ The
PIER 5 BOATMENS ASSOCIATION shall receive the One
Hundred and Twenty Seven Thousand ($127,000) on
behalf of each individual BOATMEN and is solely
responsible for the equitable distribution of that
sum.
f) Pay up to Ferry Thousand Dollars ($40,000) at
closing to BOATMENS' attorney, Kris Penzell, for
his attorney fees. Attorney's fees shall be paid
at the rate of One Hundred and Fifty Dollars
($150) an hour and documented by time slips prior
to payment.
g) Pay at closing, upon proper documentation, up to
Three Thousand Dollars ($3,000) as reasonable cost
for accountant services to Plaintiffs.
2. The City of Miami shall require upon the completion of
Bayside and Miamarina being operable and reopened to the public
for dockage that the operator of Miamarina provide the BOATMEN
with dockage space at rates in •accordance with CITY ordinance.
ROUSE-MIAMI, INC. et al., if it becomes the operator c)f.
Miamarina, agrees to provide such dockage space. Failure of a
BOATMEN to enter into a dockage agreement Eor such space within
thirty (30) days aft:r written notification from the operator.
that Bayside is complete and Miamarina is reopened shall
constitute a waiver of his right to relocate back to Miamarina.
The location of such dockage space within Miamarina shall be at
the discretion of the operator in accordance with Exhibit "C"
attached hereto. In the event that Bayside is complete and
Miamarina is operable and reopened to the public for dockage
prior to the stated expiration date on the 5 year dockage
agreement entered into under paragraph 1 (b), each BOATMEN may
leave the FACILITY and shall not be liable for his rental and
other charges due the CITY under the dockage agreement provided
-3-
that such BOATMEN moves into another CITY Marina and enters into
a new dockage agreement for at least the remainder of his
unexpired term. Tn the event that a BOATMEN leaves the FACILITY
prior to the expiration of his dockage agreement and does not
move into a City Marina, he shall be responsible for the
obligations of his respective dockage agreement. The CITY shall
use its best efforts to mitigate damages.
3. The BOATMEN, in addition to those obligations set forth
above, shall:
a. Vacate Miamarina on fifteen (15) days notice from
the CITY. Such notice shall be provided to the
party so designated below by certified mail or
hand delivery. If provided by certified mail,
receipt shall be deemed to -occur two days after
mailing. Such notice shall constitute termination
of the dockage agreement, pursuant to which the
BOATMEN presently has a license to use dockage
space at Miamarina, except that BOATMEN's
obligation or the conditions imposed upon BOATMEN
under said agreement shall survive until such time
as the BOATMEN have complied with all such
obligations.
b. Occupy the FACILITY for a period of five (5)
years, pursuant to the terms of the dockage
agreement described in paragraph l(b). The
dockage fees paid to the CITY by BOATMEN who are
mooring their vessels at the FACILITY shall be in
accordance with the CITY ordinance and dockage
agreement. The BOATMEN are solely responsible for
the payment of their electric expenses and such
expenses are not inclusive in the operation costs
of the FACILITY. In the event that the dockage
agreement is extended beyond the five (5) year
term, the BOATMEN shall pay the current existing
dockage fees as determined by the CITY ordinance.
u "'17i�)
c. So long as 9OATMEN are in compliance with their
dockage agreements, BOATMEN are guaranteed to be
'
able to remain in the FACILITY for at least three
(3) years and thereafter for so long as their_ use
is compatible with development as determined by
the CITY in its sole reasonable discretion.
d. In the event the CITY is unable to obtain the
necessary permits to construct the FACILITY, CITY
shall upon obtaining all necessary permits build a
—
break water at the Watson Island dock. The
BOATMEN shall have thirty (30) days, from the time
the CITY notifies them in writing that the break
water at Watson Island dock is constructed, to
enter into a dockage agreement in substantially
the form attached hereto as Exhibit "B". Failure
-
of any BOATMEN to enter into said dockage
agreement within thirty (30) days after the
foregoing notification to BOATMEN shall constitute
a waiver with respect to such person of his rights
to use the Watson Island dock. Tn the event that
there are any slips vacant at the conclusion of
the thirty (30) day period, the CITY shall have _
the right to rent or use such slips for any
purpose it elects. BOATMEN shall occupy the
Watson Island dock for a period of five years
which commences to run upon the completion of the
break water. The dockage fees paid to the CITY by
BOATMEN who are mooring their vessels at the
Watson Island dock shall be in accordance with the
—
City ordinance. The BOATMEN are solely
responsible for the payment of their electric
expenses and such expenses are not inclusive in
the operation cost of the Watson Island dock. in
the event that the dockage agreement is extended
beyond the five year term, the BOATMEN shall pay
F;, +
SS u-103v
the current existing dockage fees as determined by
the CITY.
e. Each individual BOATMEN shall provide the CITY
with two (2) fishing trips for visiting
dignitaries. The CITY shall determine who is a
visiting dignitary.
f. Execute mutual general releases, identical to that
attached hereto as Exhibit C, in Eavor of THE CITY
OF MIAMI, NEW WORLD MARINAS, INC., THE STATE OF
FLORIDA, through its governing board, GOVERNOR BOB
GRAHAM, SECRETARY OF STATE GEORGE FIRESTONE,
ATTORNEY GENERAL JIM SMITH, COMPTROLLER GERALD A.
LEWIS, TREASURER BILL GUNTER, COMMISSIONER OF
EDUCATION RALPH TURLINGTON, COMMISSIONER OF
AGRICULTURE DOYLE CONNOR, and EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF NATURAL RESOURCES, ELTON J.
GISSENDANNER, THE ROUSE COMPANY, and all of its
subsidiaries and affiliates of THE ROUSE COMPANY,
ROUSE-MIAMI, INC., BAYSIDE CENTER LIMITED
PARTNERSHIP, and all their past and present
officers, directors, agents, employees and
partners.
g. Each individual BOATMAN shall indemnify and hold
harmless the CITY for any loss, damage or -
liability imposed by reason of any acts r
omissions on the part of such BOATMEN, his agents, _
employees, or guests in the use of the FACILITY or
other interim CITY marinas. The indemnification
provided herein shall include, but not be limited
s
to, costs, expenses and reasonable attorney's fees
incurred by the CITY in any action based on the -
foregoing, including, but not limited to, any
action brought by the BOATMAN, his family,
invitees, guests, agents and heirs. -
-
4. All parties stipulate, recognize and agree that:
8"5-1030
6
L]
(a) The CTTY's lease and/or operating aqreement with
Defendant, NEW WORLD MARINAS, INC., was entered
into solely for a public purpose and is not
violative of any restriction or covenant contained
in any deed affecting the property, including but
not limited to Deed No. 19447 recorded in Official
Records Book 3130 at Page 257 of the Public
Records of Dade County, Florida.
(b) The CITY's lease and/or management agreement with
Defendant, NEW WORLD MARINAS, INC., does not
violate Section 3(f), as amended, of the City of
Miami Charter nor any other provision of such
Charter, Sections 16 through 53 of the City of
Miami Code nor any section of the City of. Miami
Code and Chapter 287, Florida Statutes.
(c) The CITY's leases with ROUSE-MIAMI, INC., and
Bayside Center Limited Partnership are for a
public purpose and are not violative of the
United States Constitution, Florida Constitution
or any deed restrictions or covenants.
5. All parties agree and recognize that time is of the
essence with respect to this Agreement and the obligations of the
respective parties.
6. As a condition precedent to binding the CITY and other
defendants to the terms and conditions of this Agreement, all
individual members of the PIER 5 BOATMENS ASSOCIATION must sign
this agreement. This requirement may be waived by the CITY an,i
the other defendants in their sole discretion.
7. All notices required under this Agreement shall be
provided to the parties so designated by certified mail or hand
delivery. If provided by certified mail, receipt shall be deemed
to occur two (2) days after mailing. All notices shall be sent
to:
r (a) For BOATMEN: Kris E. Penzell, Esq.
(Individuals and Penzell & Diamond, P.A.
Association) 151 S.W. 14th Terrace
Miami, Florida
SS -103n
'. -7-
idsP�z� 47 Y r trofiK
i
(b) For THE CITY: City Manager
3500 Pan American Dr ilre
Miami, Florida 33133
(c) For ROUSE-MIAMI, INC:
c/o The Rouse Company
10275 Little Patuxent Parkway
Columbia, Maryland 21044
Attn: General Counsel
(d) BAYSIDE CENTER LIMITED PARTNERSHIP
Rouse -Miami Inc., General Partner
c/o The Rouse Company
10275 Little Patuxent Parkway
Columbia, Maryland 21044
Attn: 7eneral Counsel
8. BOATMEN recognize that Bayside Center Limited
Partnership, The Rouse Company and its subsidiaries and
affiliates (collectively "The Rouse Organization"), are relying
upon this Agreement in proceeding to develop the project and
parking garage "collectively Bayside" as contemplated by the
CTTY's leases with Bayside Center Limited Partnership. The
BOATMEN agree that they shall, in no event, take any action which
would seek to enjoin or otherwise adversely affect the
construction, use or development of the Bayside Project, whether
arising out of this Agreement or otherwise.
9. Dockage space provided by the CITY shall be used at the
sole risk of the BOATMEN, and the CITY shall not be liable for
the care, protection, or security of the vessels, their
appurtenances or contents, or any loss or damage of any kind or
nature to the vessel, her appurtenances or contents due to fire,
thief, vandalism, collision, equipment failure, windstorm,
hurricane, rains or ether. casualties. There is no warranty of
any kind as to the condition of the pier.a, walks, gangways,
ramps, mooring gear, or electrical and water services, nor shall
the CITY be responsible for injuries to persons or property
s occurring upon the FACILITY or interim marina for any reason. _
RAYSIDE CENTER LIMITED PARTNERSHIP NEW WORLD MARINAS, INC.
By. By.
eneral Partner THOMAS POST
Vice -President President
a
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8L""1030
0;
8
R4r'"'o Fri 1z ..: t r y'
ROUSE-MIAMIt INC. THE CITY OF MIAMT
By: By: -
Vice -President SERGIO PEREIRA
City Manager
PIER 5 BOATMENS ASSOCIATION, INC.
By:
,
RIS E. PENZELL,
By:
AL • MELV E. ST J
By: 1
By: :VzG
Fit NK E. SMITH
By: P2..-A
DAMES P. H AS
By:
R
B
ooOKMES COURBIER
By:
GARY WP CON
By: 'r
O CAR B. ONNER '
By : cr.... ; .
WI LI M C. MRWISON
By: aa= ft .
ALTON',0R. DILLARD
-00001
By:
A
By -
ID OLFE
B
ES m. KLU
By:
a
IGUEL FERNANDEZ
ST TE OF FLORIDA)
)SS:
COUNTY OF DADE )
By:
•
By:
By:
By:
PETER Jf PINDERSON
y// r
SEM CB.ISCOULI
By . '"
C J.C. DOBSON
r�
By:
THOMAS E. JrKIN S
BY: \1 !� I - -"l l' L
JO F . CALLA
/�/By : �� du
R BERT . PARKER
By-
0 J WATERMAN '
DANIEL C. KIPNIS. '
Byr
BY:��--
STEVE SALEM
By:
BRUCE PURDY
By:
KENNETH A. SjkULDI G
BEFORE ME personally appeared KRIS E. PENZELL, FSQ., as
P'T"►o(tN�y of PIER 5 BOATMENS ASSOCIATION, INC. and
acknowledged the foregoing for the purposes herein described this
i !! 0 rr
-9-
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0 t.Cr4A.-
d a y of Ac�gtrs , 1985.
My,OgR aes:
MY CO'1M155'7 ! aD{::5 _ 11a6
3Cr.D:D THRJ %L I'•S - i.. ;ITERr�
STATE OF FLORIDA)
I�P� a�� _
NOTARY PUBLIC
State of Florida at Large
)SS:
COUNTY OF DADE )
BEFORE ME personally appeared as
of THE CITY and acknowledged the foregoing for
the purposes herein described this day of August, 1985.
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
STATE OF FLORIDA)
) SS:
COUNTY OF DADE )
BEFORE MR, personally appeared _ �� � as
9� t.Gl y3ide Ce,,ar LS.A,tG,4 rfnrtrse�'P
;1e,f-4f ROUSE-MIAMI, INC. ,` and acknowledged the
foregoing for the purposes herein described this le: M day of
� ���1 _
985.
NOTARY PUBLIC J�Z—
State of Mar a s at Large
My Commission Expires: e
NOTARY PUBLIC STATE OF FLO106i
Ao= MU GENERAL IN U
STATE OF FLOR?D UHp
)SS:
COUNTY OF DADE )
BEFORE ME personally appeared as
of NEW WORLD MARINAS INC., and acknowledged the
foregoing for the purposes herein described this day of
August, 1985.
My Commission Expires:
-10-
NOTARY PUBLIC
State of Maryland at Large
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
BEFORE ME personally appeared MELVIN E. STRAHOSKY, STEVE
KURLANDER, MICHAEL HENRY SHAPIRO, ROBERT L. STEPHENS, •JR. , PETER
J. ANDERSON, FRANK E. SMITH, JAMES P. THOMAS, ROGER LONCARIC,
JAMES COURBIER, GARY W. CON, OSCAR B. BONNER, WILLIAM C.
HARRISON, ALTON R. DILLARD, ALLEN GEORGE JEPSON, DAVID WOLFE,
CHARLES M. KLUCK, KENNETH A. SPAULDING, MIGUEL FERNANDEZ, O.E.
CAREY, JOSEPH CRISCOULI, J.C. DOBSON, THOMAS E. JENKINS, JOHN F.
CALLAN, ROBERT 8. PARKER, JOHN J. WATERMAN, DANIEL C. KIPNIS,
CHARLES E. SOFGE, STEVE SALEM, and BRUCE PURDY
of PIER 5 BOATMENS ASSOCIATION, INC;. and acknowledged the
foregoing for the purposes herein described this _ day of
*aqm-L,, 19 8 5.
o c.`10 fS4-R
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
STATE OF FLORIDA) _
)SS:
COUNTY OF DADE )
BEFORE ME personally appeared MELVIN E. STRAHOSKY, STEVE
KURLANDER, MICHAEL HENRY SHAPIRO, ROBERT L. STEPHENS, JR., PETER
J. ANDERSON, FRANK E. SMITH, .TAMES P. THOMAS, ROGER LONCARIC,
JAMES COURBIER, GARY W. CON, OSCAR B. BONNER, WILLIAM (:.
HARRISON, ALTON R. DILLARD, ALLEN GEORGE JEPSON, DAVID WOLFE,
CHARLES M. KLUCK, KENNETH A. SPAULDING, MIGUEL FERNANDEZ, O.E.
CAREY, JOSEPH CRISCOULI, J.C. DOBSON, THOMAS E. JENKINS, JOHN F. -
CALLAN, ROBERT B. PARKER, JOHN J. WATERMAN, DANIEL C. KIPNIS, —
CHARLES 9. SOFGE, STEVE SALEM, and BRUCE PURDY of
i
! PIER 5 BOATMENS ASSOCIATION, TNC:. and acknowledged the foregoing
for the purposes herein described this g day of `taqtte,
oc>o�Z
1985.
NOTARY PUBLIC
State of Florida at Large
t
�,; -11-
El
My Commission Expires:
MY C
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
BEFORE ME personally appeared MELVTN E. STRAHOSKY, STEVE
KURLANDER, MICHAFL HENRY SHAPIRO, ROBERT L. STEPHENS, JR. , PETER
J. ANDERSON, FRANK E. SMITH, JAMES P. THOMAS, ROGER LONCARIC,
JAMES COURBIER, GARY W. CON, OSCAR B. BONNER, WILLIAM C.
HARRISON, ALTON R. DILLARD, ALLEN GEORGE JEPSON, DAVID WOLFE,
CHARLES M. KLUCK, KENNETH A. SPAULDING, MIGUEL FERNANDEZ, O.E.
CAREY, JOSEPH CRISCOULI, J.C. DOBSON, THOMAS E. JENKINS, JOHN F.
CALLAN, ROBERT 13. PARKER, JOHN J. WATERMAN, DANIEL C. KIPNIS,
CHARLES E. SOFGE, , and RRUCE PURDY
of PIER 5 BOATMENS ASSOCIATION, INC. and acknowledged the
foregoing for the purposes herein described this day of
AZiS t , 1985.
or- 1-0Ise n
NOTARY PUBLIC
State of Florila at Large
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APPROVED FORM AND CORRECTNESS:
. DO ERTY, City Att ney
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VICINITY MAP
INDEX
SHT TITLE
No.
I VICINITY MAP 81 INDEX OF DRAWINGS
2 LOCATION PLAN
3 PLAN VIEW
4 DETAIL PLAN
t95
MAIN PIER SECTION -A
FINGER PIER SECTION-B
TYPICAL MOORING PILE
TYPICAL DOLPHIN PILE CLUSTER
WAVE BAFFLE TYPICAL SECTION
PURPOSE VICINITY 9 INCEX OF OP'vI COUNTY OF DAOF STATE OF FLORCA
DATutd N G V 0. APPLICATION BY
PREPARED BY City of Miami
COn3,,ltirlf Enginosr,np 9 Scionce, Inc 3500 Pam American Way
9400 S.Cadeland Blvd. Suitt 620 Miami, Florida 33131
Miami, Florida 33154 SHEET 1 OF 9 DATE: 8-27-85
COMPOSITE EXHIBIT "A"
85 ~ 1V 30
M
n,
F
0
W
v
to in
in ~
Ul
Uj
uA
zLV
N z
�o z
BISCAYNE BLVD.
I
W
2 �
in
L--
FEC SLIP �►�
EXISTING
_
r
W
2
SHOFf
CT
BICENTENNIAL PARK
4 ;
MIAMARINA
'
THIS
PROJECT
BISCAYNE
BAY
0IV 6too
.ORAP041C,
400
TO PORT
SCALE
OF MIAMI
PURPOSE: LOCATION PLAN
COUNTY OF DADE, STATE OF
FLOF40A
DATUM: N.G. V. D.
APPLICATION BY:
PREPARED BY:
Consulting Engineering 9 Science,
Inc.
City of Miami
3500 Porn American Way
9400 S. Dadelond Blvd., Suite 620
Miami, Florida 35131
SHEET 2 OF 9 DATE:
8-27-85
Miami, Florida 33156
0
on
it
i
FEC SLIP
6 SLIPS
50' j 50' 1241
BICENTENNIAL PARK
EXISTING BULKHEAD
DOLPHING PILE 6 SPACES (a 80'= 480'
CLUSTER(TYP)
SEE SHEET 8 OF 9
FOR DETAIL PROPOSED
MOORING PILES
SEE SHEET 7 OF 9
DETAIL FOR DETAIL
SEE SHEET 4 OF 9 0
N
29 SLIPS (a) 20'-0"= 580'-0" M1
WAVE
BAFFLE
. SEE SHEET
• -0 PROPOSED DOCKING FACILITY 9 OF9 FOR
-F TYPICAL
SECTION
• • •
APPROXIMATE M N.W. LINE EXISTING
IN M. L.W. LINE BULKHEAD
729'.0" 124'-d-__j
DREDGING OR FILLING ASSOCIATED WITH THIS PROJECT
PURPOSE: PLAN VIEW
DATUM: N.G V D.
PREPARED BY
Consulting Engineering 81 Science, Inc.
9400 S. Oodelond Blvd., Suite 620
Miami, Florida 33156
0 60 120
GRAPHIC SCALE
COUNTY OF DADE, STATE OF FLORIDA
APPLICATION BY
Cit��rr of Miami
3500 Pon American Way
Miami, Florida 53131
SHEET 3 OF 9 DATE: 8-27-85
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PURPOSE: DETAIL PLAN
DATUM: N.G V.D.
PREPARED BY:
Consulting Engineering 9 Science, Inc.
9400 S. Dadelond Blvd., Suite 620
Miami, Florida 33156
0 to to FEET
COUNTY OF DADE, STATE OF FLORIDA
APPLICATION BY.
City of Miami
3500 Pam American Way
Miami , Florida 33131
SHEET 4 OF 9 DATE: B-28-85
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UNOBSTRJCTED
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PURPOSE. FINGER PIER SECTION-8
DATUM N.G.V D.
PREPARED BY:
Consulting Engineering 9 Sc;ence, Inc.
9400 S Dodeland Blvd , Suite 620
Miami, Florida 33156
12"0 WOOD PILE
COUNTY OF DADE, STATE OF FLORiCA
APPLICATION BY.
City of Miami
3500 Pon American Way
Miami, Florida 33131
SHEET 6 OF 9 DATE: 8-28.85
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COPPER BAND
J4" STAINLESS STEEL BAND
Z" 0 TIMBER PILE
i. KING FULTON OR EQUAL
NOODEN HCRNS W12 GALV. NAILS
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1. HORN SHALL BE CUT FROM
2" PRESSURE TREA L-D
SOUTHERN PINE
2 DIMENSIONS SHALL BE
SU84tTTED TO ENGINEER
FOR APPROVAL PRIOR TO
CON>TRUCTION
PURrJSE TYPICAL MOORING PILE COUNTY OF DADE, STATE OF FLORIDA
DATUM N. G.V D APPLICATION BY
PREPARED BY . City of Miami
Consulting Engineer.na 15 SCIente, Inc. 3500 Pon American Way
9400 S.Oadeland Blvd , Suite 620 Miami, Florida 33131
Miami, Florida 33156 SHEET 7 OF 9 DATE: B-28-85
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PURPOSE: WAVE BAFFLE TYPICAL SECTION
DATUM N.G.V. D.
PREPARED BY:
Consulting Engineering 8 Science, Inc.
9400 S. Dodeland BMW. Suite 620
Mlasnl, Florida 3315�
NUOUS
t PILES
COUNTY OF DADE, STATE OF FLORIDA
APPLICATION BY:
City of Miami
3500 Pam American Way
Miami , Florida 33151
SHEET 9 OF 9 DATE: 8-27-55
C9ar.V ."1030
DOCKAGE AGREEMENT
This Agreement made and entered into at Miami, Dade County,
Florida, this day of 19 by and between the
City of Miami acting through
its duly authorized agent, hereinafter referred to as the "CITY",
and the undersigned BOATMEN hereinafter referred to as the
"BOATMEN".
Boatmen's Name Berth Assignment
Home Address Name of Vessel
City and State Ref. of Doc. No.
Owner's Phone Home Port
Business Address Insurance Carrier LOA Beam Draft
Citv and State Address Builder
Business Phone City & State Type:P_S_MS_HB Gas Diesel_
IT IS AGREED AS FOLLOWS:
1. The CITY shall operate and maintain a temporary dock,
access stairs, Finger piers, and pilings along approximately 700
feet of seawall at the north edge of the FEC property
(hereinafter referred to as the FACILITY) for the use of the
BOATMEN. Vessels must be sea worthy and capable of safe
maneuvering and self propulsion (not paddle, or make shift sail).
2. The BOATMEN agrees to pay the CITY monthly dock or
mooring fees as provided in the Agreement dated
i
The BOATMEN further agrees that such mooring fees shall be due
and payable in advance on the first day of each month, and shall
be considered delinquent if not paid in full on or before the
10th of the month. A delinquent account shall be subject to an
t
automatic and progressive 5% delinquency charge.
3. The CITY shall have a lien against the above described
vessel, her appurtenances and contents for unpaid sums due or to
become due for the use of dockage facilities or services or for
damage caused to any dock or property of the CITY.
i
i 4. This Agreement is effective commencing the day of
19 and shall continue for five (5) years. So
long as BOATMEN are in compliance with the Agreement dated
Marina Rules and Regulations and this dockage agreement,
BOATMEN are guaranteed to be able to remain in the FACILITY for
at least three (3) years. BOATMEN, at the conclusion of the five
(5) year term of this agreement may enter into a new dockage
EXHIBIT "B" �
agreement, for a term to be determined by both CITY and BOATMEN,
provided that BOATMEN's use is compatible with development at the
FACILITY and/or land adjacent to it as determined by the CITY in
its sole reasonable discretion. Tn the event a new dockage
agreement is entered into, the BOATMEN shall pay the current
existing dockage fees as determined by CITY ordinance. Renewal of
this agreement shall be predicated upon the BOATMEN's compliance
with Marina Rules and Regulations and upon presentation to the
Dockmaster of acceptable proof of continued ownership of the
vessel described above. At the time of initial execution of this
agreement and at the time of renewal, or at any other time, the
BOATMEN agrees that, if requested by the Marina Manaqer or
Dockmaster, BOATMEN will demonstrate the mobility of the vessel
within 48 hours of notice to do so, by maneuvering under power in
the presence of said Manager or Dockmaster. in the event of an
emergency situation or a situation which there is threat to life
or property, BOATMEN will move the vessel upon request.
5. This agreement may be terminated upon one of the
following conditions:
(a) By breach or forfeiture of any of the covenants or
provisions of this Agreement or by violation of any
Marina Rule or Regulation, as provided elsewhere in
i this Agreement.
i
(b) 6 breach of. an covenant or " y y provision of the Agreement
dated
(c) Sixty
(60) days notice by CITY that, in its sole
reasonable discretion, it needs the FACILTTV and,/or its
adjacent land for an uncompatible development.
' 6. The BOATMEN shall immediately notify the Dockmaster in
writing of any change in the information furnished by him in this
agreement.
7. This agreement is for berthing space only. Such space
is to be used at the sole risk of the individual BOATMEN, and the
CITY shall not be liable for the care, protection, or security of
the vessel, her appurtenances, or contents, or for any losses, or
damage of any kind or nature to the vessel, her appurtenances,
-2-
SS 1030
00,
or contents due to fire, theft, vandalism, collision, equipment
failure, windstorm, hurricane, rains, or other casualties. There
is no warranty of any kind as to the condition of the peers,
walks, gangways, ramps, mooring gear, or electrical and water
service, nor shall the CITY be responsible for injuries to
persons or property occurring upon the Marina property for any
reason.
8. The BOATMEN agrees to hold the CITY harmless and to
indemnify the CITY for any loss, damage, or liability imposed by
reason of any acts or omissions on the part of the BOATMEN, his
agents, employees, or guests in the use of CITY facilities for
the described vessel. The indemnification provided herein shall
include, but not be limited to, all costs, expenses and
reasonable attorney's fees, incurred by the CITY in any action
based on the foregoing, including, but not limited to, any
action brought by the BOATMEN, his family, invitees, guests,
agents, and heirs.
9. The BOATMEN agrees to remove, or cause to be removed,
his vessel from CITY property on or before issuance of hurricane
warnings by the National Hurricane Center. Tt shall be the
BOATMEN's responsibility to be aware of such warnings. The
BOATMEN agrees to remove, or cause to be removed, his vessel from
CITY property in the event the City Manaqer declares an emergency
and requests the BOATMEN to remove his vessel as a result of
such emergency.
10. The BOATMEN agrees to comply with all state, federal,
and local loss pertaining to marinas and boatinq and with all
Marina Rules and Regulations, including those which are attached
hereto and which are made a part hereof by reference and those
which may be promulgated from time to time by the CITY. BOATMEN
shall not do, suffer, or allow, either individually or in
conjunction with other persons:
( a) Any unlawful. act;
(b) Any act which may have the effect, in the sole
judgment of the CITY, of disturbing the peace, disturbing,
inconveniencing, or sub -subjecting to physical jeopardy the
811 103o
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A 4
FACILITY, other persons, or other vessels docked or moored at the
Marina; or
(c) Any act which will impede, disrupt or injure the
orderly operation of the FACILITY or any portion of it,
including, but not limited to marina management or marina
revenues.
11. It is understood and agreed that this Agreement is not
assignable and that neither the dockage or the mooring space may
be assigned to others; it is further understood and agreed that
the above described vessel may not be rented for purposes of.
domicile. Residents at peers is restricted to the BOATMEN and
his family, paid crew, and bonifide guests. The BOATMEN agrees
to advise the CITY of any change of ownership, purchase or rental
of the vessel, while subject to this contract, not later than 24
hours following such change. Failure to notify the CITY within
set period of time shall be a default under this Agreement and
the Agreement dated
12. Part ownership of a vessel does not in any way imply an
obligation on the part of the CITY to furnish dockage or mooring
to any of the partners other than the original signer of this
Agreement, if the partnership is dissolved for any reason
whatsoever. In the event of dissolution of a partnership or the
withdrawal of a part owner from such partnership, all parties
shall nonetheless be bound by the terms and conditions of this
Agreement and be obligated to CITY for the payment of all sums
due and the performance of all its covenants, terms, and
conditions.
13. The BOATMEN agrees to pay all costs and expenses
including reasonable Attorney's fees incurred by the CITY in the
collection of any unpaid sums due under this Agreement, or by
reason of BOATMEN's default in the performance of any of the
covenants of this Agreement, the Rules and Regulations of the
Marina or the Agreement dated .
14. BOATMEN of vessels assigned to piers, moorings,
berthing spaces as may be specifically designated by the CITY at
the FACILITY agree to relinquish their berths on sixty (60) days'
-4-
R
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A
notice if requested by the CITY in order to accommodate the
making of repairs when necessary for normal marina operations,
including construction activities.
The CITY agrees, in so far as possible, temporarily to re-
assign effected vessels at suitable berths at the same FACILITY,
if space is available. In addition to all other power and
authority retained by the CITY, the CITY may, at any time, in its
absolute discretion, require the BOATMEN to move the vessel from
its assign slip of mooring to another appropriate slip of mooring
within the FACILITY, and if the BOATMEN fails to comply, the
CITY shall have the right to move the vessel.
15. The BOATMEN's vessel shall contain a U. S. Coastguard -
approved sanitation device, complying with the requirements of
the Coastguard governing the installation and use of such device
upon the particular vessel involved. Said sanitation device
shall be functioning at all times while the vessel is at dock or
mooring. Failure to comply with the provisions of this paragraph
in any manner shall be deemed default under this Agreement.
16. Prior to signing this Agreement the BOATMEN shall
furnish the Dockmaster, for his review proof of ownership of the
above above described vessel. This proof shall consist of a
certified copy of either a state registered title to the vessel
or documentation by the U. S. Coastguard foreign power, as the
case may be. The proof shall remain on file with the Dockmaster.
17. In the event BOATMEN violate or fails to perform any of
the covenants, terms, conditions, or obligations of BOATMEN as
set forth in this Agreement, such violations of failure to
perform shall constitute a default by BOATMEN under the terms of
this Dockage Agreement and the Agreement dated In
the event of default by BOATMEN, the CTTY shall have the right
to terminate this Agreement and any license owner may have
hereunder by serving notice of termination upon BOATMEN in the
manner provided for in Paragraph 7 of the Agreement dated
at least three (3) days prior to the effective
date of termination. In the event BOATMEN fails to vacate the
dockage or mooring space within three (3) days after receipt of
-5-
or`
a
receipt of Notice of Termination, then the CITY shall have the
right:
(a) To board the vessel and place it and tow or move it
under its own power and remove the said vessel from its dockage
or mooring space within the FACILITY, or remove it from the
FACILITY to dockage or mooring as may be chosen by the CITY, in
its sole discretion; BOATMEN does hereby irrevocably designate
the CITY, its Manager, agents, servants, and employees as its
Attorney -in -fact for the purpose of acting in its place and stead
for purposes of such removal. In such event, the CITY, its
Manager, agents, servants, and employees shall be required only
to exercise ordinary and reasonable care, and BOATMEN does hereby
release and relieve the CITY, its Manager, agents, servants, and
employees for loss or damage occurring during such removal
performed in the exercise of ordinary and reasonable care.
BOATMEN shall be responsible to pay all costs incurred by the
CITY, its Manager, agents, servants, and employees in removing
said vessel, including but not limited to wages, insurance
premiums, dockage and storage charges, and towing costs, all
of which shall become a lien upon and against the vessel; and
(b) To pursue any remedy provided by federal or state law.
18. The remedies provided in Section 328.1 7, Florida
Statutes for the non -judicial sale of a vessel for nonpayment of
dockage or specifically included and incorporated in this
Agreement as an additional remedy available for the CITY, and
the BOATMEN agrees to be notified in either the above home
address or business address specified for BOATMEN in this
Agreement in connection with the notice required under Section
328.17, Florida Statutes.
City of Miami Boatmen
Witness Witness
CK/wpc/mad/ab/B035
8"1030
-6-
inn
MARINA FACILITIES
RULES AND REGULATIONS
1 Onty, seaworthy vessels properly registered or documented and under their own power will be admitted !o berhing areas
2. Berths will be assigned by the City Manager or his authorized representative or by the Dockmaster and no changes wil, be
made without their permission. The City Manager or his representative may terminate the Dockage Agreement and order a^y
vessel to vacate the space said vessel is occupying for the violation of any law or order pertaining to the C !v of V,aml ma,,lia
operations or any City marina rule or regulation.
3. It shall be the responsibility of the Owners to keep the space assigned to them in orderly, clean, and sanitary condition piers
will be kept clear of all gear and small craft Small craft belonging to the assigned vessel and norma'ily capable or storage aboard
same may be tied in the same berth without charge. After registration and approval by the Dockmaster, other sma, crat! be-
longing to the same owner may be tied in his assgned berth. Neither of the aforementioned craft may protrude beyond !tie
limits of the berth. No motonzeo vehicle of any kind shall be ridden, driven, stored, or otherwise permitted on the offers or bu*
heads. unless authorized by the dockmaster Dock boxes, if provided, are to be emptied and 'ett uniocKed upon issuance it
hurricane warnings by the Natrona; Hurricane Center, or termination of Dockage Agreement. Private s!o,age'ac !,t es pray 1101
be used on piers.
4. All Owners must maintain their vessels in a state of constant readiness for movement in case of fire, or evacuation in the event
of hurricane Owners of vessels whose propulsion machinery is inoperative for a period in excess of 48 hours must nobly the
Dockmaster immediately and inform him of the action being taken to place the machinery in operation as soon as possible
The Dockmaster may temporarily reassign or relocate these vessels.
5. It shall also be the responsibility of Owners to keep their vessels in such condition that they do not become unsiahtly or dliapi-
dated. Decks of all vessels berthed at the City of Miami docks shall be kept free and c'ear of debris, bottles, papers, trash, or
other unsightly material at all times.
6. Major repairs, outfitting, or refitting of vessels at docks is prohibited. Minor repairs, mechanical adjustments, electrical worK
and touch-up painting are permitted only for vessels reguiady berthed at the rrarina. Disc sanding and spray painting in the
open air are prohibited. The Dockmaster should to consulted prior to commencing any work which is not clearly acceotab,e
No work may to accomplished on the piers which may result in damage, scarring, or staining the surface of the piers, COCK
boxes, or garbins, nor obstruct passage of normal vehicular and pedestrian traffic.
7. The use of charcoal burners, gas welders, gas torches, or any open flame -producing equipment, except within the vessel i.e q .
cook stoves, lamps, lanterns) is prohibited. No refueling may be accomplished within the manna. Fuel shall be storee on y n
tanKs integral to the vessel. There shall be no storage of any flammable substance on or near the piers or bu kheaC.
8. Owners shall use discretion in the use of TV sets, musical instruments, loud hailers, radios, and any other sound equipment so
as not to create a nuisance. Rigging shall be secured in such a manner as to prevent noise.
9. No refuse, solid or liquid, shall be discharged overboard. All garbage and trash shall be placed in receptacles provided No
ettluent from toilets or heads, nor oil from the bilge, shall be discharged overboard. Sumps are located at the root of every p -r
for the disposal of waste oil. Only Coast Guard -approved sanitation devices will be acceptable.
10. Swimming or diving for recreation or pleasure, or fishing from manna piers or bulkheads is prohibited.
11. All pets shall be leashed within the confines of the manna and toileted on grass areas. Owner sha!I remove pet droppings tell
on areas other than grass areas. Pets are permitted only if they do not disturb other users.
12. Laundry of any type or any item of a personal or unsightly nature shall not be hung or spread to dry out or air in public view nn
any vessel or pier.
13. No advertising or soliciting will be permitted on any vessel berthed at non-commercial piers. However, any vessel may display
a small, not to exceed 1 h. square, For Sale" sign. Neither the vessel nor the City facility address at non-commercial oenhs
shall be used for business purposes.
14. Water siphons will not be used except in case of emergency. Fresh water shall not be used as a coolant for air conditioners or
other machinery. Air conditioners shall be tumed off on unattended vessels. Water -supply hoses of unattended vessels shall
be disconnected at the dock and stored aboard. It is unlawful for either the Owner or any other persoNto use either the e'ectrical
power or fresh water for any purpose other than to supply power and water to the vessel officia0v assigned to that berth by the
Dockage Agreement on record at the Dockmaster's office.
15.Owners checking out of the Manna shall report to the dock office and settle their account pnor to departure.
16. The City reserves the right to rent unoccupied space when an assigned vessel is to be absent for 72 hours or more. The Owner
is obligated to nosily the dock office of the date of departure and return before departure anchor confirm arrival 48 hours prior to
return.
17. All vessels must have adequate electrical or nxxtwucal permarw y installed bilge pumps in constant state of readiness. Switches
should be labeled and installed in readily discernible locabons.
18. No addition, alteration, or modification shall be made to the electrical and/or water supply system or any other utility service that
may be furnished by the City.
19. There shall be no disorder, depredations, or disorderly conduct by an Owner or by crew or guests, that might insure a person,
cause damage to property, or disrupt the order of the Manna.
20. Check-out time shall be 1500 hours.
21. The use or access to piers, docking, or berthing areas is restricted to Owners, crew, or guests, for security and safety reasons.
Access by any other person requires the approval of the Dockmaster. There shall be no prowling in the marina premises.
22, The Owner acknowledges the Ordinances of the City of Miami, Flonda, and agrees to comply fully with this jaw which provides
that: "It shall be unlawful for the Owner, operator, or person in charge of any vessel to remove such vessel from City property
without first making payment of all delinquent charges when such vessel has a delinquency in its dockage account. The Owner,
operator, or person in Charge of such vessel shall be responsible for compliance with this Section."
i
� '� .1030
0
EXHIBIT "C"
O La1 { 1
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r
•
PROMISSORY NOTE
$300,000 Place: Miami, Florida
Date: , 1985
FOR VALUE RECEIVED, the undersigned jointly and severally
promise(s) to pay to the order of the CITY OF MIAMI, a Florida
Municipal Corporation, (herein called the "City"), acting by and
through its Department of Community Development, or its
successors, the sum of Three [hundred Thousand and No/100 Dollars
($300,000) [hereinafter referred to as "City Loan"] in lawful
money of the United States, together with interest thereon at the
rate of three per centum (3%) per annum in like lawful money from
the date hereof until maturity, on the principal balance
outstanding from time to time. Such principal and interest shall
be due and payable as follows: .
Principal and interest payments shall be
deferred in year one (1) and two (2)
following the date in which the certificate
of occupancy is issued. Interest only shall
be due and payable beginning year three (3)
in equal quarterly installments of $3,000
commencing on January 1989 and on the
day of April, July, October, and January in
each succeeding year until October , 19
Thereafter, principal and interest shall be
due and payable in equal quarterly
installments of
The undersigned reserve(s) the right to prepay at any time
all or any part of the principal amount of of this Note without
the payment of penalties or premiums. All payments on this Note
shall be applied first to the interest due on the Note, and then
to the principal, and the remaining balance shall be applied to
late charges, if any. Except as provided below, all monthly
installment payments on this Note shall be credited as of the due
date thereof without adjustment of interest because paid either
before or after such due date.
The undersigned further agree that distribution of City Loan
funds shall be made in accordance with the Agreement dated
1985, between the undersigned and the City.
IN THE EVENT the undersigned shall fail to pay the interest
on or principal amount of this Note when due, and if such failure
continues after notice by the City to the undersigned until the
date the next installment payment under this Notice becomes due
and payable, then the outstanding principal balance of this Note,
together with accrued interest and late charges, shall become due
and payable at the option of the City. Failure of the City to
exercise such option shall not constitute a waiver of such
default. No default shall exist by reason of nonpayment of any
required installment of principal and/or interest [so long as the
amount of prepayments already made pursuant hereto equals or
exceeds the amount of the required installments]. If any monthly
installment of principal and/or interest due and payable under
this Note is not paid by the fifteenth (15th) day of the month in
which it is due, then the undersigned shall pay a late charge
equal to five percent (5%) of the amount of each monthly
installment which is past due if this Note be reduced to
judgment, such judgment shall bear interest at the then current
rate provided by Florida Statutes,
Schedule A
t �z
IF suit is instituted by the City to recc.ver on this Note,
the undersigned agree(s) to pay all costs of such collection
including reasonable attorney's fees and court costs.
THIS NOTE is secured by a first mortgage duly filed for
recordation in the Public Records of Dade County, Florida.
The Agreement between the undersigned and the City dated
, 1985, is hereby incorporated into and made a
part hereof.
IN WITNESS WHEREOF, this Note has been duly executed by the
undersigned, as of its date.
ALLAPATTAH MERCHANTS ASSOCIATION, INC.
By
President
ATTEST:
By
Corporate Secretary
IF suit is instituted by the City to recover on this Note,
the undersigned agree(s) to pay all costs of such collection
including reasonable attorney's fees and court costs.
THIS NOTE is secured by a first mortgage duly filed for
recordation in the Public Records of bade County, Florida.
The Agreement between the undersigned and the City dated
1985, is hereby incorporated into and made a
part hereof.
IN WITNESS WHEREOF, this Note has been duly executed by the
undersigned, as of its date.
ALLAPATTAH MERCHANTS ASSOCIATION, INC.
By
President
ATTEST:
By
Corporate Secretary