HomeMy WebLinkAboutM-84-0753CITY OF NIA:11• FLp.11r,A
W
INTER -OFFICE MEMO<<ANDLIM
�O Howard V. Gary
City Manager
1 '
L
Donal. R. Stewart
Property Tanager
DATE June 15, 1984 FILE
Sua-ec, Lease of Approximately
30,000 Square Feet of
Virginia Key Property
REfLRENCES
I.NC:LOSURI S
It is recommended that the City
Manager be zuthori.7ed to enter into a
Lease Agreement in substantially the
.form attached 1�ereto, with the
American L'�,rge ('lub] for- .An approximate
six 11 "�T�)- yt=`ir l;eraod EIndi-ng on the
first day (�)f Jun<2, :7V00, at in annual
rental of $ i L71j . c;c1 per year, for the
purl.30,Se of cOrlducti-nc3 rowing, training
and and other related
activities un appr0xi.mately 30,000
squ<jre fees of 1.and situated on
Virginia Key.
Pursuant to public notice, by Bid No. 83-84-29, sealed bids were
solicited to lease approximately 33,000 square feet of land lying
Northeasterly of Planet ocean as indicated on the attached map
for the purpose of reh<_jbi.litational and recreational rowing for
the handicapped. This formal bid .;as the result of Motion No.
83-209, which w(.s p,jssed by the City Comlilission at the meeting of
March 19, 1983, that instructed the City Manager to grant to the
American Barge C3ub the same Consideration, conditions and
restrictions as have been given to other rowing clubs that
function in the vicinity. T11. motion also stipulated submittal
to the W�jterfiont I3oi.rd for tII rc't.��;N11C_'ndati.on• In their
meeting of Marclj 29, 1933, this m.,tter w-_-is brought before the
Waterfront 13o,-:r13 end r u c e iv (2 d uI;,11-Ii) 11ous approval .and
recommendation to the City C0:nmissie�n that a lease be granted to
thc' lune.rican H,irye Club for thc2 purpose of establishing a rowing
club for the r,andical,pl1,3 .nd di s y 3, :I,t,�c3e•3.
Notwithstanding the charitahle and re.habilitational aspects of
the American I3ar13e Club hrogrzjm, competitive bidding requirements
to lease this hind would be recluired, based on an opinion from
the Law Depj7 r tmen t .
n response to laid No. 83-84-29, American Barge Club was the sole
•spondent to this bid proposal. The American Barge Club,
-ough its submission of documents, has met the requirements of
MOTi 0A/
84 -753
r"
Howard V. Gary June 15, 1984
the Bid and has provided evidence that llhe club is a non-profit
organization and par-ti.cipation is 0 1 1 1) -vol untary basis.
Memberslii.p is )I so f ()I- everyone vsv, i. 1-1-i no di F,r. iTn i na t i- on a q to
race, cr�(I, col(-))- (-)r 11,11-irmal origin.
Base(I on tbe, bi(I it is flie City
Ma n a g er be 1uLJIOT. i-7,fL(1 to ('11 te r. i- n 1 0 a e agreement i n
substanti-al-Ty the F()'--m (I -et,c), with t11e America,-) P-Ii.ge
A
Club for m app!:OX i III,' t c� S:ixtecll (16) year" lease ending on the
first dory of June, 2000, at- an 11111LI,31 rental of $100.00 per year
for the purpose of (�011dllcting rowing traj.ning and rehabilitation
activities on approximately 30,000 square feet of land situated
on Vi.rgi_nia Key.
DRS:NMW:amw
enc.
Page 2 of 2 84-753
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this
day of 1 1984, by and between THE CITY OF MIAMI, a
municipal corporation of the State of Florida (hereinafter called the
"LESSOR") , and AIMElRICAN BARGE,. CLUB , INC. , a non-profit Florida
Corporation (hereinafter called the "LESSEE").
'%%giEREAS, the Charter of the City of Miami authorizes and empowers
the City of Mi,-imi to do all things whatsoever necessary or expedient for
promoting or maintaining the general welfare of the City of Miami or its
inhabitants; and
IdHEREAS, such empowering provision of the Charter authorizes the
City of ;liami to establish "hoating facilities"; and
tti'NFREAS, the A;IEIRICAN BARGE CLUB, INC., is interested in locating a
facility on a portion of `sir,;inla Kev for conducting rowing training and
related activities, storing their hulls and holding rowing competition,
such facilities will be used by not only the members of the Club but the
public as well; and
1v11EREAS, the AMERICAN BARGE CLUB, INC., since its organization has:
1. Trained many people in the sport of rowing.
2. Has through the short of rowing emphasized water
safety while instilling in people determination,
discipline, constructive competitiveness in an
environment that fOSterS st.imiria and strength.
3. The AMERICAN ly',R(;l: CLI')B, INC., will offer four
(4) parallel pru�;ran,s:
a. Master pre ',,jar.i for these twenty-seven (27)
years old ':nd ovt-r;
b. Juniors, ScIli (�rs and }:lite Programs for those
in short comp(--ti tion �-;t'itus;
c. Rowi ng rehal)i l i t.it i on pr f ram; and
d. Family rowi n,i; progr.im;
4. Their main aiddt--d cmpliasis is placed on physical
rehabilitation for the handicapped through rowing
and other related activities.
1
84-r'75 2
11
a
WHEREAS, the City of Miami considers the above named services to be
Of a public nature, quasi-munir_ipal in character; and
WHEREAS, the AMIFRTCAN '�APGF C1,119, INC,, has established Itself
nationally as an asset to r„t•7int; and nn aid to the handicapped and in so
doing publicizes the City of �tiani; and
WHEREAS, t.h(l City of 11i ami dosi res to aid insofar as is possible
the rowing interest and inciur.try of the City of Miami; and
IW1iFRF,AS, the VIFIRICAN BARGE CLUB, INC., wil-1 finance and build the
facilities it will use on a portiOn of the Virginia Key property; and
WHEREAS, the s;reater interest of the ml'nhers of said club and the
public generally will he better served by the relocation and construction
of the faci li ties of the A'1FRICAN 1�;1RG1: cfxi3, INC., for the purposes
herein expre;=scd, and will aid in focussing the attention of the public
generally and the visiting rowing clubs on the recreational facilities
available in the Miami area; and
WHEREAS, the City of Miami recognizes that the AMERICAN BARGE
CLUB, INC., in order to finance and construct improvements necessary
to its operation and to its members and to the public, must have a
lease; and
WHEREAS, the City of Miami in its over-ali development plan for the
Virginia Key Property does not for such purposes presently need the
premises herein demised.
W I T N E S S E T H:
1. PREMISES TO BE LEASED
For and in consideration of the mutual covenants hereinafter set
forth, the LESSOR does, hereby lease to the LESSEE the property described
on the attached legal description and as depicted as Parcel Number 5 on
the attached Fxhibiis A & B.
2. TEIUM OF LFASI: Ac,1:l:1.�11?tJT
The term of this lease shall be approximately sixteen (16) years
beginning on the date of the execution of the lease and ending on the
1st day of ,tune, 2000.
2
84--753
3. USE OF PROPERTY
The LESS(:(, ngrees that
the property herein ]eased shall be
used for
rowing trninins, and
related
-st.,,Age or hulls and equipment,
rowing pract i((, and
(.m;)pt.ition
by cIl.ih memhers and for. no {ether
purpose.
The LESSEE al;res
tbnt no
!;t rueture cony he ri-ected upon the
demised
premises unless the
plans,
including the selected construction
hid and
projected cost structure:
11. Be first submitted to the Inspection Services
Division of the Fire, Rescue and Inspection
Services Department for review and permitting,
2. Be approved by the City 'Manager of the City of
Miami, Dade ("aunty, Florida.
Upon completion of construction, the paid invoices, receipts and
other such documents shall be submitted to the City Manager and shall be
incorporated herein find attached hereto. All permits must be received
from the appropriate I;ovk.rnmental :agencies prior to the undertaking of
any construction, repairs, alterations or improvements. All -improvements
made or installed by the A`11'RICAN HAhGE CLUB, INC., shall hecome the
property of Lhe City of ?.1ami upon the expiration of this agreement.
The LESSEE shall not engage in the sale of food, drink, alcoholic
beverages, or the sale of any other merchandise to the public without
first obtaining; the written consent of the LESSOR.
4. CONSIDERATION
The 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 the Lease Agreement, the sum of One Hundred Dollars ($100.00)
per year in advance, beginning on the date of the execution of this
lease and on the first of each and every year thereafter for the period
of time the LESSEE occupies the demised premises.
5. INSIJPAI7CE
The A`IERICAN BARGE CLUB, INC., 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
�j
84-'753
liabiliLy and property damage liability, Pr()ducts and
Completed Operations coverage, Personal Tn_jury, Contractual
Liability, and Pr. mi s e s 'ferli cal Payrz`nt s coverages shall
be included. The t_ VrY shall be name fl ns an Additional
Insured on all insurance p()l.ities.
B. Automobile Liability insurance covering all owned, non -owned
and hired vohirIc—, in rimoiints of not less than $100,000 per
accident ,and $300,000 per occurrence for bodily injury and
$25,000 property d,unac;e.
C. 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 City.
The City of Miami 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 cancelled or materially changed without sixty (60) days
advance written notice to the City of Miami. Written
notice shall be sent to the Risk Management Division,
Department of Finance.
Evidence of co-i�pliance with the insurance requirements shall be filed
with the Risk Management Division of the City of Miami prior to execution
of this Agreement and each renCwal. Such insurance shall be subject to
the approval of the Risk 'Management Division. All insurance policies
required must he written by a company or companies rated at least "A"
as to 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 Ftalton Street, New York, N.Y.
6. INDFMNIFICATION
The
LESSEE. covenants
and
agrees
that it shall
indemnify, hold
harmless,
and defend the
LESSOR
front
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
4
F34- y3
lA'ar a
Damage to Property sustained in or about the leased premises, or by
reason of or as a result of the LESSEE'S occupancy or operations
thereof, and from and aipainr;t any ok-,I +rn, liadgmc-ntm or oecrves �fl1Ch
may be entorod thereon, and from and against all costs, attorneys
fees, exponges and liahilities incurred in and about the defense
of any such claim and t.tre inve,,tigation thereof.
7. 1,T(J'NSFIS
The LE;SSEI'. ,hall obtain and pay for all licenses and permits for
the operation of the leased premises, if applicable.
8. DAMAGES OR TOSS TO LESSEE") PROPERTY
The LESSEE releases the LESSOR from any and all liability, cost or
expense for da;�age, or loss to the LESSEE'S property for any cause
whatsoever. fencing ;.around the premises and security are the sole
responsibility of. the LEISSF,E.
9. UTILITIES
The LESSEE; shall pay for all utilities consumed on the premises as
well as connection and installation charges thereof and waste collection
fees, if any.
10. MAINTE,NANCE OF LVASEA) i'RF_�tISES
The LESSEE covenants and agrees that it shall, at its own cost and
expense, maintain the lca�-ed prenisos in good and operable condition
during the continuation of thu! term of this Lease, and will keep the
leased premises in a condition of proper cleanliness, orderliness and
state of attractive ,appearance at all times. 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, failing correction by the LESSEE. within seven (7) days
time, the LESSOR or his designated representative 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 of the LESSEE, for said costs and charges.
5
8 4 - 7 21
11. ASSIGNMENT AND 511BLETTING OF PREMISES
The LESSEE. F:haTl not at qny time Boring the term of this Lease
Agreement sublr-t. any part of the premises, or assign this Lease Agree-
ment or any portion or 1,art thereof, except and by virtue of written
authorization sli-nnted by the City Commission to the LESSOR.
12. FIXAtiINATION OF 1'R1;r9T.SES
The LESSEE agrees to 1)ermIt the LESSOR'S City Manager or any
designated personnel, to enter upon the leased premises at any time for
any purpose the deems necessary to, incidental to or connected
with the performance of the l.'.:SSOR'S duties and obligations hereunder or
in the exercise of its rights or functions.
13. A1)VERTISIN(;
The LESSEE shall not permit any signs or advertising matter to be
placed on any portion of the leased premises except with the written
approval of the City of the LESSOR.
14. RULES AND REGPLAT IONS
The LESSt?E 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.
15. TERMINATI0N
The 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 to the LESSEE.
This lease may be terminated by the LESSEE at any time.
The LESSOR may terminate this lease for any reason upon giving six
(6) months notice, in writing, of the LESSOR'S intention to cancel
this lease, provided, however, the LESSOR shall pay to the LESSEE the
actual cost of the improvements (as evidenced by the documents included
in this lease pursuant to Section 3) which will take into consideration
the unamortized life of the improvements based on a twenty (20) year
straight line depreciation schedule. Payment of the depreciated
6
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actual cost of the improvements, if any, shall be made as of the date
of such cancetlatinn of the lease :and must be paid within thirty
(30) days of enszzing hurlf,ot ye.-ir.
16. NOTICE,
Notice fr()m the LF.SSnR to LESSEE shall he deemed only served if
mailed by rry,i,tered or cnrtifivd mail addressed to AME,RICAN BARGE
CLUB, INC., P. 0. Box 1049, Coconut Grove, Florida 33233 and notices
from I,ESSEE to the LESSOR Thal1 be deemed duly served if mailed by
registered or cert.if.ied mail addressed to the City M;inager, City
of Miami, P. 0. Box 330709, Miami, Florida 31133; or to such other
respective persons or addressed as the LESSOR or LESSEE may hereafter
designate to each other by notice in the foregoing manner from time
to time.
17. SURRENDER OF PRE�MISES
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.
18. NON-DISCRIMINATION
The LESSEE agrees that there will be no discrimination as to
race, color, creed, sex or national origin, in regard to the LESSEE S
occupation and use of the demised premises.
19. CAP'CIONS
The Captions contained in this Lease Agreement are inserted only
as a matter of convenience and for reference and in no way define, limit
or prescribe the scope of this Lease Agreement or the intent of any of
the provisions thereof.
20. MIENMENTS
The CITY may, at its discretion, amend the Agreement to conform
with changes in applicable City, County. State and Federal laws,
directives, guidelines and objectives. No amendments to this Agreement
shall be 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.
11
21. AWARD OF AGREEMENT
The LESSEE warrants
that they
have not employed or
retained
any company or persons to
solicit or
secure this Agreement
and that
they have not offered to
pay, paid,
or agr(,ed to pay any
person or
company any foe. commission, percent,?Fe,
hrok"rage fec, or
gifts of
any kind contingent capon
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.
22. CONFLICT OF INTEREST
The LESSEE covenants that no person under its employ who
presently exercises any functions or responsibilities in connection
with this Agreement has any personal financial interests, direct or
indirect, in this Agreement. The LESSEE further covenants that,
in the performance of this Agreement, no person having such conflicting
interest shall be employed. Any such interests on the part of the
LESSEE or its employees, must be disclosed in writing to the CITY.
The LESSEE in the performance of this Agreement, shall be subject
to the more restrictive law ,and/or guidelines regarding conflict of
interest
promulgated by
federal, state or
local government.
23.
CONSTRUCTION cit
The
parties hereto
agree that this
Agreement shall be construed
and enforced according
to the laws, statutes
and case laws of the
State of
Florida.
24.
WAIVER
No
waiver of any
provision hereof
shall be deemed to have been
made unless such waiver be in writing signed by the Ci.ty. The
failure of the City of Miami 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.
0
84-71"
25. 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 urAgdictinn, s1101 parr1FraP11, cl.auce or sentence shall be
stricken from t_hr staff, jprt Agreement and t.hr' hal.a£)r_e of the Agreement(s)
shall not bn_ nffert.ed by the drletion thereof.
IN WITNESS WHEIPEOF, the parties hereto have individually, through their
proper officials, executed this Lease Agreement the day and year above
written.
ATTEST:
CITY CLERK
� C-4 Lutes /
ATTEST: .�
SECRETARY
F,Pr R0%1ZD AS TO , aF t: N
9
THE CITY OF MIAMI, FLORIDA
a Municipal Corpor�.tion of
the State of Florida
BY:
CITY MANAGER
KERICAN BARGE LUB, INC.
PR DENT
APPROVED AS TO FORM AND
CORRECTNESS:
kCOSEGARCIA-PEDROSA
ORNEY
CORPORATE RESOLUTION
WHEREAS, the AMERICAN BARGE CLUB, INC. , has submitted a bid on
approximately 30,000 square feet of Virginia Key Property and the City
has accepted such bid;
WHL•'REAS, the Board of Directors of the AMERICAN BARGE CLUB, INC.,
has examined terms, conditions, and obligations of the proposed contract
with the City of ISiami, for approximately 30,000 square feet of Virginia
Key Property;
WIiEREAS, the Board of Directors 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
THE AMERICAN BARGE CLUB, INC., that the president and secretary are
hereby authorized and instructed to enter into a contract in the name
of, and on behalf of this corporation, with the City of Miami for
approximately 30,000 square feet of Virginia Frey Property in accordance
with the contract documents furnished by the City lof Miami, and for
the price and upon the terms and payments contained in the proposed
contract submitted by the City of Miami.
IN WITNESS IN'HEREOF, this day of ,
f�
1984. j
�CHAIRIMAN, Board 6f Directors
1
SECRETARY
-75 <:
01
PR")I*OSFD LEASE U,' . E A NO 5
LEGAL DE: SCR IPTIOr,j
COT!rlence at the S.E. corner ,)F S!,ocion 1.7, Township 54 South,
Range 42 East; thence run north 89"
)6' 49.5" west along the
southerly line of Slid SOCL_i011 17 for a (UsL;mcc of 1-709.52
feet, more or LQ A 1)ni:",- t'j' inuu.-,(_-crion with a line
being 6-0.00 fecL 'ItId parallel with, the center
linc, of Cx_i:-(.,::iy; viieTIC(I 3-Un i1ort-h 45' 22' 07" west
along said line 'L:,cJ_ng th.-__ City TA.,-.i'Ls of Mi,-imj and
its southeasterly
projection 0i,_,reOf_, bci-ng WIAO feel nort',',,,IsLerlv of, and
parallcl with, thc c._,nf�-er Of "ZiCII�Ciibacker Causeway for a
distance of ).089.40 feet- to z_hc Point- of Bcgirning of the herein-
after described L-ract; II-ence c,,mI_i-ii.e north 45' 22' 07" west aicri-
said line -for a distance of 150 foot Lo a Poi, -It; thence run south
44' 37' 53" west for a distance of 200.00 feet to a point; thence
run south 45' 22' 07" -cast alov-?a line being 4160 feet northeaster'y
of, and parallel with, said center IJ--nc of Rickenbackcr Causeway fcr
a distance of 200 feet: to a point; r-1-.ence run noi:t-.h 44' 37' 53" eas'_-
for a distanco of 200 feet Cn Lhe Poirit of Consistin;, r,f
30,000 sq. ft. All irk accorrian,.:,: %,-ith Map No. 'isc. 414.10r, atc;--che.-I
hereto and by reference mado a part hor,::of.
EXHIBIT A
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