HomeMy WebLinkAboutR-84-1409J-84-1136(a)
RESOLUTION NO. 84-1409
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE AGREEMENT IN
SUBSTANTIALLY THE FORM ATTACHED HERETO,
TO LEASE APPROXIMATELY 15,960 SQUARE FEET
OF BAY BOTTOM LAND FOR THE OPERATION AND
MAINTENANCE OF A DOCKING FACILITY FOR
FERRY SERVICE TO AND FROM FISHER ISLAND.
WHEREAS, ISLAND DEVELOPERS, LTD., desires to lease
approximately 15,960 square feet of bay bottom owned by the CITY
OF MIAMI and located in the municipal channel for use as a
docking facility for ferry service to Fisher Island; and
WHEREAS, under the terms of the Lease Agreement, a copy of
which is attached hereto as Exhibit A, the ownership of the real
and personal property, together with the operation of the ferry
service, will be turned over to Metropolitan Dade County; and
WHEREAS, the City Attorney has ruled that competitive
procurement provisions and the Waterfront Charter Amendment do
not apply to this lease because ISLAND DEVELOPERS, LTD., the
prospective Lessee, owns the upland property, at.d at the
completion of the project, the real and personal property
including the leasehold interest will be owned and operated by
Metropolitan Dade County, thereby meeting a valid public need and
fulfilling a municipal purpose; and
WHEREAS, the CITY OF MIAMI Waterfront Board unanimously
approved the concept and recommended to the City Commission that
a lease be entered into with ISLAND DEVELOPERS, LTD., for the
above -described purpose;
NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The above recitals are hereby approved, adopted,
and incorporated by reference into this Section.
Section 2. The City Manager is hereby authorized to enter
into a lease agreement with ISLAND DEVELOPE
r
ITY COMMISSION
MEETING OF
DEC 13 104
RESOLuiw,. iu.Vp4-1+
REMARKS.
2
substantially the form attached hereto, to lease approximately
15,960 square feet of bay bottom land for the operation and
maintenance of a docking facility for ferry service to and from
Fisher Island.
PASSED AND ADOPTED this lath duy of pec r + 1984.
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
ATTEST:
C-e-
ONGIE, CI
TY CLM
lz�
PREPARED
AND APPROVED BY:
le , � % fl(
ASSIS� TANT�CITY ATTORNEY
APPROVEVAS TO FORM AND CORRECTNESS:
(/L C �1--A: D STY
CITY ATTORN Y
LMSs AGREMMENT
BETWEEN
THE CITY OF aIAKI
AND
IUD DEVELOPERS, LTD -
FOR A PARCEL OF
CITZ OWNED saYBOTT014 LAND
t ; INDEX
_ I. DESCRIPTION OF PREMISES
II. TERM
III. USE OF LEASED PREMISES
F IV. MAINTENANCE AND REPAIRS
V. INSURANCE
VI. RESTRICTIONS
VII. LEASEHOLD MORTGAGES
VIII. CONSIDERATION AND ADJUSTMENTS TO SAME
ix. CANCELLATION
M X. COMPLIANCE WITH CITY, COUNTY, STATE AND FEDERAL LAW
XI. IMPROVEMENTS AND EXISTING ENCROACHMENT
XII. PERSONS USING THE PREMISES
XIII. NON-DISCRIMINATION
XIV. SIGNS
XV. TAXES
L• r
XVI. LICENSES
XVII. INDEMNIFICATION OF THE CITY BY LESSEE
4
»:y XVIII. UTILITIES
XIX. INSPECTION OF THE PREMISES BY THE CITY
J
A YTri
XX. NOTICES
XXI . BINDING ON SUCCESSORS
XXII. OWNERSHIP OF IMPROVEMENTS
' XXIII. DREDGING
XXIV. CAPTIONS
�P
XXV. NON -WAIVER OF PRE-EXISTING RIGHTS
XXVI. WAIVER
XXVII. CONSTRUCTION OF AGREEMENT
XXVIII. AWARD OF AGREEMENT
XXIX. AMENDMENTS
84-- 409
LEASE AGREEMENT
THIS AGREEMENT, made and entered into as of this
day of , 19 , by and between the CITY OF MIAMI,
a municipal corporation of the State of Florida, hereinafter
called "CITY", and ISLAND DEVELOPERS, LTD., a limited partnership
under the laws of the State of Florida, with principal offices in
Dade County, Florida, hereinafter called "LESSEE".
W I T N E S S E T H:
I. DESCRIPTION OF PREMISES
The CITY hereby leases to the LESSEE for the purposes
and under the conditions hereinafter set forth, the following
described Bay Bottom Land located in Biscayne Bay, CITY of Miami,
Dade County, Florida, to -wit:
According to Exhibit I attached hereto
and made a part hereof
which encompasses an area of 15,960 square feet, more or less, of
which
10,417 square
feet are
to
be
occupied by
a docking
struc-
ture
and accessory
structures
to
be
constructed
and 5,543
square
feet are open water, hereinafter called "Premises".
Ii. TERM
The term of this Lease Agreement shall commence upon
its execution by the City Manager and shall terminate 99 years
from the date thereof.
- 1 -
84-1409
III. USE OF LEASED PREMISES
The premises are to be used by LESSEE for the use,
operation and maintenance of Docking Facilities and a maneuvering
and docking area for the berthing of vessels and related activi-
ties thereto for the purpose of providing vehicular and passenger
access to and from Fisher Island.
The lease of the Premises is conditioned by and con-
tingent upon approval granted by the State of Florida through its
affected agencies, which grant of approval shall be evidenced by
the granting of a lease by the State, or the waiver of said
requirement, of the abutting land in their ownership set forth in
Exhibit II hereto. Such grant of lease shall also constitute
additional evidence of municipal and public purpose for
compliance with any deed restrictions concerning the use of the
demised premises. Such municipal and public purpose is also
evidenced by the fact that upon buildout of Fisher Island the
upland property owned by LESSEE, and other properties associated
with the Ferry Docking Operation will be transferred to a Special
Taxing District to be created by Metropolitan Dade County. It is
expressly agreed that said Special Taxing District shall have
successor rights to this Lease.
Should a superior right of use against the City of Miami
be exercised by the United States Army Corps of Engineers (the
"Corps") , LESSEE agrees to concede to that superior right of use,
providing that the superior right of use falls within the legal
authority and jurisdiction of the Corps, is exercised solely by
and on behalf of the Corps for its own use and benefit, and there
are no reasonable alternatives which would allow LESSEE to
remain in its tenancy. LESSEE shall have the right to challenge
in court any attempted exercise of a superior right of use by the
Corps for its compliance with the above -described criteria or to
seek compensation from the Corps for the loss of LESSEE's rights
resulting therefrom.
- 2 -
WM
The continuation of the lease of the Premises after its
commencement is conditioned by and contingent upon the receipt !;y
LESSEE of approval from those local, state and federal agencies
from which permits, leases or other approvals must ae secured to
allow the proposed use thereof. Should LESSEE not receive all
required approvals within the first year of said lease term,
LESSEE at its option may give 30 days notice to CITY of its
intent to terminate the lease; should LESSEE decide to continue
its pursuit of the required approvals it shall have the option to
terminate in any subsequent year upon 30 days notice to CITY
should LESSEE find it can no longer proceed without the remaining
unissued approvals. Until said notice of termination is given to
City, LESSEE shall be fully liable for the lease rental payments
hereunder. Copies of the approvals, leases or waivers shall be
filed with CITY as evidence of the satisfaction of this require-
ment of the lease. The governmental agencies whose approvals are
required are:
1. City of Miami Beach - Occupational
License and Building Permit
2. Department of Natural Resources, State of
Florida - Lease
3. Department of Environmental Regulation,
State of Florida - permit
4. Army Corps of Engineers, United States of
America - permit
5. Department of Transportation, State of
Florida - lease
6. Dade County Department of Environmental
Resources Management - permit
IV. MAINTENANCE AND REPAIRS
LESSEE shall maintain the Premises and the waters above
same, and shall keep the Docks and Mooring Piles in a safe con-
dition. LESSEE shall and does hereby assume full and complete
responsibility to the CITY for failure to maintain such premises
in a safe condition.
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84-1409
V. INSURANCE
The LESSEE shall maintain throughout the term of this
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 $1,000,000
for bodily injury liability and property damage
liability. Products and Completed Operations
Coverage, Personal Injury, and Contractual Lia-
bility shall be included. The City shall be named
as an Additional Insured on all insurance policies.
B. All Risk Property insurance coverage on a replace-
ment cost basis for real and personal property
located on the designated premises leased to the
LESSEE by the City. The City of Miami shall be
j
named as a Named Insured on such policy.
i
C. The policy or policies of insurance required shall
be written in a manner such that the policy or
+
policies may not be cancelled or materially changed
1
without sixty (60) days advance written notice to
the City of Miami. Written notice shall be sent to
i
the Risk Management Division/Department of Finance.
Evidence of compliance with the insurance requirement shall be
filed with the Risk Management Division of the City of Miami
4
prior to execution of this 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 management and at
f
least "Class X" as to financial strength in the latest edition of
`
the Best's Insurance Guide, published by Alfred M. Best Co.,
Inc., 75 Fulton Street, New York, NY.
VI. RESTRICTIONS
t
'
(A) 'there shall be no fuel pumps on the Docks.
(B) There shall be no use of the Docks except as
F ,y
authorized herein or otherwise approved by the CITY.
�y
(C) There shall be no accessory use store at the dock
site.
- 4 -
84-1409
(D) This Agreement is non -assignable except to those
successors and assigns of LESSEE which obtain title to the upland
immediately adjacent to the Premises, and may be assigned to the
Special Taxing District to be established by Metropolitan Dade
F' County for the perpetual operation and maintenance of said
docking facility.
VII. LEASEHOLD MORTGAGES
•1
j LESSEE has the right to mortgage its leasehold interest
{ in the Premises. LESSEE shall notify the CITY of the name and
address of any mortgagees. In the event of a default by LESSEE,
rthe CITY shall give notice of such default to any existing
mortgagees and give the mortgagees an additional thirty (30) days
to cure any default under the Lease. In the event of a fore-
closure by a mortgagee, which results in a new ownership of the
upland and/or structures on the Premises by such mortgagee or
°y other purchaser at the foreclosure sale, the CITY agrees to enter
Y ,� into a new lease with such new owner upon the same basic terms
and conditions as are contained in this Lease.
VIII. CONSIDERATION AND ADJUSTMENTS TO SAME
k A one time payment of $50,000 will be paid by LESSEE to
LESSOR as a donation for parks and recreation or bayfront en-
_ f
hancement or improvement purposes upon the execution of this
<. Lease.
The annual rental payable by LESSEE to the CITY for the
first five (5) years of this Lease shall be Two Thousand Five
Hundred Dollars ($2,500.00) . In addition to such rental, LESSEE
shall pay to the CITY the total amount of any state sales tax
applicable to such rental. Rent shall be due and payable on the
effective date of the commencement of this Agreement, and
thereafter on each anniversary date thereof throughout the terms
of this Agreement.
5 - 84-1409
This
rent
will be
adjusted every five (5) years and
shall be the
greater
of the
following:
1. For the second five year period: One hundred and
twenty percent (120%) of the annual rent amount provided during
the first five year period of this Lease; and for each subsequent
five year period: one hundred and twenty percent (120%) of the
annual rent amount for the preceding five year period; or
2. The rental shall be paid in a dollar amount
equivalent to
the present
purchasing power of the first year's
rental sum.
This
equivalent amount will be determined by
dividing the
base
rental
of said sum by the index number of
wholesale commodity
prices
for the last date for which computa-
tion has been
made
in 1979
by the Bureau of Labor Statistics of
the United States Department of Labor for the month preceding the
month in which the Lease becomes effective and then multiplying
that amount by the index number for the month preceding the month
in which the adjustment is to take place.
IX. CANCELLATION
In
the event of a default on
the part of LESSEE in
the
performance
of any obligation created
by this Agreement, the
CITY
shall have
the
right to
serve upon
LESSEE
a notice
calling
attention to
the
particular
default or
defaults
complained
of and
demanding the curing thereof, and in the event of the continued
existence of said default or defaults for a period of ninety (90)
days (except in case of non-payment of rent, as to which thirty
(30) days shall be applicable) from the time of the delivery of
such notice to the LESSEE, the same shall be an act of default
under
this
Agreement.
Once
the LESSEE is in default
hereunder,
CITY
shall
issue to
LESSEE
a notice of cancellation
after the
cure periods specified above shall have expired, which shall give
LESSEE a reasonable time, not to exceed 15 months, in which to
vacate the premises.
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84-1409
0
X. COMPLIANCE WITH CITY, COUNTY, STATE AND FEDERAL LAW
LESSEE shall comply with all rules, regulations, and
laws of the CITY of Miami, Dade County, the State of Florida, or
the United States Government, applicable to the demised premises
and any improvements located thereon. Any material failure to
1
comply with any such rule, regulation or law, as evidenced by a
final adjudication by the courts of competent jurisdiction of
said failure, shall be deemed to be a default on the part of
i
! LESSEE.
i
XI. IMPROVEMENTS AND EXISTING ENCROACHMENT
Any additional improvements or expansion of the dockage
facilities within the leased area shall be subject to a rental
adjustment as agreed to by the parties and approved by the City
Manager.
XII. PERSONS USING THE PREMISES
The CITY agrees to provide the right of ingress and
egress to LESSEE, and all persons authorized by LESSEE to
accomplish the purposes incidental to this Lease. Nothing herein
contained shall be construed to prevent necessary temporary dock-
ing by any vessel or other craft in distress, or for the pre-
servation of either life or property, so long as said temporary
docking does not materially interfere with the docking operation
of Island Developers, Ltd. or its successors in interest.
XIII. NON-DISCRIMINATION
LESSEE agrees that there will be no discrimination
against any person on account of race, color, sex, religious
creed, ancestry or national origin, in the use of the demised
premises and the improvements thereon.
7 -
84-1409
XIV. SIGNS
LESSEE shall not permit any signs on the demised
premises other than those incidental to the operation of the
docks and safety. Signs or other advertising may be used or
displayed on the demised premises or on the improvements located
thereon, with the prior written consent of the City Manager.
XV. TAXES
LESSEE agrees to pay any and all ad valorem taxes levied
and imposed upon any improvements constructed thereon by LESSEE
and further agrees to pay all taxes on personal property which
may be levied and imposed on said demised premises during the
term of this Agreement.
XVI. LICENSES
LESSEE shall obtain and pay for all the necessary
licenses required for the operation of the facilities provided
for in this Agreement.
XVII. INDEMNIFICATION OF THE CITY BY LESSEE
LESSEE covenants and agrees to defend, indemnify and
hold harmless the CITY, its officers, agents and employees,
against any and all claims, suits, actions for damages or cost of
action arising during the term of this Agreement, including all
other acts or omissions to acts of the Lessee,its officers or
employees from and against any orders, judgments, or decrees
which may be entered, from and against all costs, attorneys'
fees, expenses, and liabilities incurred in the defense or
investigation of any such claim.
XV I I I . UTILITIES
LESSEE shall be solely responsible to pay for all utili-
ties used in the demised premises, and in the concrete dock
described herein.
-a-
84-1409
XIX.
INSPECTION OF THE PREMISES BY THE CITY
LESSEE agrees that any official inspector of the City of
Miami Building Department or any agents duly authorized by the
Director of that Department may have the privilege at reasonable
times during normal working hours of entering and investigating
the use of the premises to determine whether or not the condi-
tions herein -agreed to are being fulfilled.
XX . NO TI CE S
All notices under this Agreement must be in writing and
shall be deemed to be served when delivered to the LESSEE at:
Island Developers, Ltd.
7500 Red Road
Miami, Florida 33143
Notices to the CITY shall be deemed duly served when
delivered to:
City Manager
City of Miami
Post Office Box 330708
Coconut Grove Station
Miami, Florida 33133
Either party shall immediately notify the other of any
change of address. All notices served by mail shall be deemed to
be served when delivered to the address of the addressee and a
receipt therefor obtained.
XXI. BINDING ON SUCCESSORS
The terms and provisions of this Agreement shall be
binding and inure to the benefit of the successors and assigns,
respectively, of the CITY and LESSEE.
XXII. OWNERSHIP OF IMPROVEMENTS
Upon
cancellation,
termination or
expiration
of
this
Agreement, any
improvements
on the premises
will become
the
prop-
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84-1409
i
erty of the CITY unless the CITY at its option requires LESSEE to
remove said improvements, whereupon said improvements shall
remain the property of LESSEE.
XXIII. DREDGING
The CITY agrees to allow LESSEE to dredge the bay bottom
land of the demised premises and contiguous and parallel to the
boundaries of the demised premises for navigational approaches.
This permission to dredge is subject to and conditioned
upon LESSEE securing dredging approval of all necessary govern-
mental agencies and submission by LESSEE of all necessary
applications, fees, bonds, documents or plans pursuant to the
code of the City of Miami. All dredged material shall belong to
the CITY and shall be removed from the premises at the expense of
LESSEE and delivered to a location designated by CITY at Virginia
Key or such other location within five miles of the leased
premises as is selected by CITY.
XXIV. CAPTIONS
The captions contained in this Agreement are inserted
only as a matter of *onvenience and for reference* and in no way
define, limit or prescribe the scope of this Agreement or the
intent of any provision thereof.
XXV. NON -WAIVER OF PRE-EXISTING RIGHTS
The parties mutually covenant and agree that the fact
this Agreement has been made and entered into shall not be taken
or construed to add to, take away from, or limit the rights,
title, or privileges of the CITY in or to the submerged land
hereby leased except as herein provided; nor shall such fact be
taken or construed to add to, take awav from, or limit the
rights, title or privileges of LESSEE therein, by reason of its
ownership of its land lying upland of said leased land by waiver
or implication except as herein provided.
T 10
84-1409
0
V
XXV I . WAIVER
No waiver of any
provision
hereof shall
be deemed
to
have been made unless such
waiver is
in writing and
signed by
the
CITY. The failure of CITY to insist upon the strict performance
of any of the provisions or conditions of this 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.
XXVII. CONSTRUCTION OF AGREEMENT
The
parties hereto agree that
this
Agreement
shall be
construed and
enforced according to the
laws,
statutes
and case
law of the State of Florida.
XXVIII. AWARD OF AGREEMENT
The LESSEE warrants that it has not employed or retained
any person employed by CITY to solicit or secure this Agreement
and that they have not offered to pay, paid, or agreed to pay any
person employed by CITY any fee, commission, percentage,
brokerage fee, or gifts of any kind contingent upon or resulting
from the award of making this Agreement.
The 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 agree that they will fully comply in all
respects with the terms of said laws.
XXIX. AMENDMENTS
The CITY may, at its discretion, propose amendments to
the Agreement to conform with changes in applicable City, County,
State and Federal laws, directives, guidelines and objectives.
No amendments to this Agreement proposed by either party shall be
84-1409
A
0
q
binding on either party unless in writing and signed by both
parties. Such amendments shall be incorporated as a part of this
Agreement upon review, approval and execution by the parties
hereto.
IN WITNESS WHEREOF, the City of Miami and island Develo-
pers, Ltd. have caused this Agreement to be signed by their duly
authorized officials as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
APPROVED AS�,to FORM AND
CORRE9S : t
City Attorney
CITY OF MIAMI, FLORIDA, a
municipal corporation of the
State of Florida
By:
City Manager
ATTEST:
C ty Cler
f SEAL1
ISLAND DEVELOPERS, LTD.
By: FISHER ISLAND ASSOCIATES,
LTD., General Partner
!y
LLIAM . R Moteneral Partner
APPROVE-0 AS TO
INSURANCE tt QUiRCMENT9
- 12 -
0
0
PROPOSED LAND LEASE
FROM THE CITY OF MIAMI
FOR A TRACT OF
SUBMERGED LAND AT TERMINAL ISLAND,
DADE COUNTY, FLORIDA
A parcel of submerged land in Section 4, Township 54 South, Range
42 East, Dade County, Florida, more particularly described as
follows:
Commence at a point that is 1580 feet North and 2015 feet West of
the southeast corner of said Section 4, said point being the
intersection of the centerline of thb roadway of the original
County Causeway Viaduct with the face of the West Bridge
abutment; thence run S 67°05'W for a distance of 58.70 feet;
thence run S 31° WE for a distance of 64.75 feet to the point
of intersection with the Southerly boundary of the County
Causeway; thence run S 67°05'W along the Southerly boundary of
the County Causeway for a distance of 158.21 feet to the point of
curvature of circular curve to the right; thence run
Southwesterly along the arc of said circular curve to the right,
having a radius of 243.86 feet, through a central angle of
6°15'30", for an arc distance of 26.64 feet to a point of
compound curvature with the arc of a circular curve to the right;
thence run southwesterly along the arc of said circular curve to
the right, having a radius of 1566.95 feet through a central
angle of-27°32'58", for an arc distance of 753.435 feet; thence
run S 25°29'00" W for a distance of 87.55 feet to the northerly
boundary of the Miami Ship Channel: thence continue to run
S 25°29'00" W for a distance of 23.00 feet to the Point of
Beginning of the herein described parcel of subberged land;
thence continue to run S 25° 29' 00" W for a distance of 42.00
feet; thence run N 64° 31'00"W for a distance of 380.00 feet;
then run N 25°29'00" E for a distance of 42.00 feet to the point
of intersection with the Northerly boundary of the Miami Ship
Channel; thence run S64°31'00"E, along the Northerly boundary of
the Miami Ship Channel; for a distance of 380.00 feet to the
Point of Beginning.
Exhibit "I"
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777
77M FT,
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BISCAI NE BA,
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PROPOSED
non icrT SITE
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rtnm*f FL4TFORK
Sao 00,
ISLAND DEVELOPERS. LTD
?SOO SW 57th AVE
MtAMI.FLORIDA 5S143
polopOSEO 'SUSIEF96EU LAND
LEASE a 960 SF tO 31 A"
CONSULTING ENGINEERING & SCIENCE. INC- FISHER ISLAND
MAINLAND FERRY TERMINAL
9400 SOUTH DADELAAD OLVD6 SUITE 620 PHOPOSID SUtWtRrAO LAND LEASE
MIA*I. KORIDA 33156 (305)665- . 7657 FROM CITY OF MIAMI
4J
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2
6
41
PROPOSED LAND LEASE
FROM THE TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND FOR A TRACT OF
SUBMERGED LAND AT TERMINAL ISLAND,
DADE COUNTY, FLORIDA
A parcel of submerged land in Section 4, Township 54 South, Range
42 East, Dade County, Florida, more particularly described as
follows:
Commence at a point that is 1580 feet North and 2015 Feet West of
the southeast corner of raid Section 4, said point being the
intersection of the centerline of .the roadway of the original
County Causeway Viaduct with the face of the West Bridge
abutment; thence run S 67°05'W for a distance of 58.70 feet;
thence run S 31° WE for a distance of 64.75 feet to the point
of intersection with the Southerly boundary of the County
Causeway; thence run S 67°05'W along the Southerly boundary of
the County Causeway for a distance of 158.21 feet to the point of
curvature of circular curve to the right; thence run
Southwesterly along the arc of said circular curve to the right,
having a radius of 243.86 feet, through a central angle of
6015'30", for an arc distance of 26.64 feet to a point of
compound curvature with the arc of a circular curve to the right;
thence run southwesterly along the arc of said circular curve to
the right, having a radius of 1566.95 feet through a central
angle of 27°3258", for an arc distance of 753.435 feet; thence
run S 25°29'00" W for a distance of 87.55 feet to the northerly
boundary of the Miami Ship Channel and the Point of Beginning of
the herein described parcel of subberged land; thence continue to
run S 25° 29' 00" W for a distance of 23.00 feet; thence run
N 64° 31'00"W for a distance of 380.00 feet; then run
N 25°29'00" E for a distance of 23.00 feet to the point of
intersection with the Northerly boundary of the Miami Ship
Channel; thence run S64°31'00"E, along the Northerly boundary of
the Miami Ship Channel, for a distance of 380.00 feet to the
Point of Beginning.
EXHIBIT "II"
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CITY OF MIAMI. FLORIDA
106 INTER -OFFICE MEMORANDUM
TO Howard V. Gary DATE. November 20, 1984 FILE:
City Manager
SUBJECT. Lease of Baybottom Land
- Island Developers
FROM REFERENCES!
Carlos E. Garcia
Director ENCLOSURES:
Finance Department
It is recommended that the City
Commission authorize the City Manager to
enter into a Lease Agreement substan-
tially in the form attached hereto, with
Island Developers, Ltd. a partnership, to
lease City -owned bay bottom land for use
as a docking facility for a ferry boat
for 99 years, commencing on the date the
lease is executed, with an annual rental
fee in the first five years of $2,500
payable yearly in advance and adjustable
every five-year period, plus a one-time
donation of $50,000 for bayfront
enhancement or improvement purposes.
In June, 1982, representatives of Island Developers, Ltd.
requested of the City to lease from the City a portion of the bay
bottom land of approximately 15,960 square feet in the municipal
channel lying west of Terminal Island for the ultimate use as a
docking facility for ferry service to Fisher Island and the
development thereon. The ultimate ownership of real and personal
property and the operation of the ferry service will be turned
over to Metropolitan Dade County without cost. This would meet
the requirements of the deed restrictions for public use as the
Deed to the City of Miami from the State of Florida restricts the
use of bay bottom land only for public purpose.
On August 31, 19829 this matter was brought before the Waterfront
Board and received unanimous approval and recommendation to the
City Commission that a lease be granted to Island Developers,
Ltd., for the purpose of a ferry docking facility.
Island Developers, Ltd. is the owner of the upland portion
adjacent to the City bay bottom land, and based on a legal
opinion that was rendered by the City Attorney, the City may
lease to a private corporation, without compliance with the
Waterfront Charter amendment or other relevant competitive
1 of 2
84-1409
Howard V. Gary November 20, 1984
procurement provisions, if the corporation owns the upland
property and at the completion of the project the real and
personal property, including the leasehold interest are turned
over to Metropolitan Dade County.
'
On April 5, 1984, action by the City Commission authorizing the
City Manager to enter into a Lease Agreement with Island
Developers, Ltd., was deferred for further information to April
26, 1984. On April 26, 1984 the item was addressed by the City
Commission but was pulled from the agenda until such time as the
'
City Manager met with the proposers.
On July 31, 1984, Motion 84-915 was passed authorizing and
directing the City Manager to prepare the necessary agreements to
lease City -owned bay bottom land for the Fisher Island ferry
=-
terminal.
The term of the Lease Agreement is ninety-nine (99) years,
_
commencing upon its execution by the City Manager.
The annual rental is Two Thousand Five Hundred ($2,500) Dollars
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for the first five-year period and is adjusted every five years
either by 120% of the annual rental or by the increase of the
wholesale commodity prices, whichever is greater. The Lease
Agreement incorporates a $50,000 one-time donation for bayfront
enhancement or improvement purposes.
It is re2ommended that the City Manager be authorized to enter
into a Lease Agreement substantially in the form attached hereto,
with Island Developers, Ltd. - a partnership, to lease City -owned
bay bottom land for use as a docking facility for a ferry boat
for 99 years, commencing on the date the lease is executed, with
an annual rental fee in the first five years of $2,500 payable
yearly in advance and adjustable every five-year period, plus a
one-time donation of $50,000 for bayfront enhancement or
improvement purposes.
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2 of 2
84--U09