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HomeMy WebLinkAboutR-82-0277r WHH/f 1 3/25/82 RESOLUTION NO. 82-277 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE AND ACCEPT THE ASSIGNMENT OF BOAT RENTAL RIGHTS FP.OH MARINE STADIUM ENTERPRISES, INC. TO BISCAYNE BOAT RENTALS, INC., SUBSTANTIALLY IN THE FORM OF THE ATTACHED ASSIGNP'IT°.NT. WHEREAS, Ldarine Stadium Enterprises, Inc. has requested to assign its boat rental rights; and WHEREAS, the City Commission, by Motion 82-222, has authorized the assianment of said rights under the terms of the concession agreement between the City of fliani and r"-arine Stadium Enterprises, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF LMIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to approve and accept the assignment of boat rental rights from Ptarine Stadium Enterprises, Inc. to Biscayne Boat Rentals, Inc., sub- stantially in the form of the attached assignment. PASSED AND ADOPTED this 25 day of MARCH 1982. MAURICE A. FERRE M A Y O R ATTEST: (:; Cf §" (P, 00 LP . Or:GIE, CITY CLEW PREPARED AND.APYROVED BY: {1� ROBERT F. CLARK, DEP[:TY CITY ATTORNEY t` APP � S -FORM AND ��CORRECTNESS : GEO 'GIX F. KNOX, JR. __F,1-TY ATTORNEY CITY COMMISSION MEETING OE MAR ? 5 1982 �ourraN No. 8 2 _ 2 7 f..1N..lIMFM��A V `"N !T'f Cr` IAMI. r=L(DRIDA INTER-C=Fir? 1%1G`.1CRAN0UM -� Howard V. Gary March 25, 1982 City Manager _ Assignment of boat rental rights from Marine Stadium Enterprises, Inc. to Biscayne Boat Rentals, Inc. „., Cesar Odio Assistant City Manager Er ES. IT IS RECOMMENDED THAT THE CITY MIAFAGER BE AUTHORIZED TO EXECUTE AN APPROVAL OF THE ASSIGNME14T OF MARINE STADIUM ENTERPRISES, INC.'S BOAT RENTAL RIGHTS TO BISCAY14E BOAT RENTALS, INC. UNDER THE TERMS OF THE CONCESSION AGREEMENT BETWEEN THE CITY AND MARINE STADIUM ENTERPRISES, INC. The rental of small boats has been historically a compatible ancill- ary operational activity to marine facilities along Biscayne Bay. In June, 1979, the incorporation of boat rentals as an additional approved use was permitted on the premises of Marine Stadium Enter- prises, Inc. pursuant to Section 2, Use of Premises, Paragraph (d), of the concession agreement which provides: "Such other purposes not specifically included herein as may be necessary or desirable upon written approval of the City Manager or his designated representative, whic'n approval shall not be unreasonably withheld." The City Commission, at its meeting of March 11, 1982, passed V..oticn 82-222: A Motion of the City Commission authorizing the City Manager to enter into an agreement which would allow Marine Stadium Enter- prises, Inc. to assign its boat rental rights to Biscayne Moat Rentals, Inc., which company will rent boats under the terms of the concession agreement between the City and Marine Stadium Enterprises, Inc., further stipulating that the City will continue to receive the same 10.3% which it currently receives and which is derived from this operation, further stipulating that this approval is subject to the City Manager resolving the points raised by Mr. John Thomas, Attorney representing "Marina Biscayne", previous to this item coming back before the City Commission for formalization. The assignment document has been reviewed and approved by the City Attorney's Office, clarifying the provision that the City shall receive 10.3% of all gross rental revenues from the boat rental operations. CO/WHH/f1 82-277 d Y r 'j— AGREEMENT t± THIS AGREEMENT, made and entered into by and between Marine Stadium Enterprises, Inc. ("MARINE") and Biscayne Boat Rentals, Inc. ("BISCAYNE"). WHEREAS, MARINE entered into a Concession Agreement with City of Mliami to operate certain concessions on property owned by the City of Miami, which property is more particularly described in the Concession Agreement dated May 19, 1978; and WHEREAS, MARINE desires to assign to Biscayne and Biscayne desires to accept certain rights, duties and obligations under the Concession Agreement, as amended. ment: NOW, THEREFORE, the parties have entered into this Agree- 1. MARINE does hereby assign certain of its rights and duties under the Concession Agreement and the amendments and addendums thereto to BISCAYNE for the consideration set forth herein. 2. There is hereby assigned to BISCAYNE the right to utilize, for the purposes set forth herein, the property, being a portion of the property covered by the Concession Agreement, which property is more particularly described on Exhibit "l" attached hereto. MARINE reserves the right to relocate operation of business. 3. The term of this assignment shall be contemporaneous with the Concession Agreement and amendments. That is, at the present time it shall run until May 31, 1993. 4. MARINE does hereby assign the right to operate a business and concession for the leasing and renting, on an hourly, daily or other basis, of water craft to the general public. Water craft shall include power boats, water bikes, jet skiis and the like. 5. With respect to the above activity, MARINE grants an exclusive right to BISCAYNE to carry on such business. 82 - 277 M 6. The Assignor (MARINE) agrees that it shall continue all of its obligations under its Agreement of May 19, 1978 with the City and that this assignment in no way shall relieve its agreement with the City of Miami. 7. The Assignee (BISCAYNE) hereby assumes all the obligations on the part of the assignor (MARINE) to be performed under the Agreement dated May 19, 1978, between the City and MARINE. 8. In connection with the foregoing activities, BISCAYNE shall store their own boats, trailers and the like on their leased area. BISCAYNE shall construct improvements solely for the purpose of facilitating the aforesaid activities. Any such improvements which are permanent and affixed to the realty shall become the property of City of Miami at the end of the term of this Agreement. No improvements shall be made without the prior written consent of the City of Miami. 9. The consideration which BISCAYNE shall pay to MARINE for the aforesaid assignment shall be the sum of Five Hundred and No/100 Dollars ($500.00) per month or five percent (5%) of gross receipts whichever is greater, per month payable on the first day of the month in which this agreement goes into effect. Additionally, BISCAYNE shall pay MARINE ten and three tenths percent (10.3%) of monthly gross receipts which shall be paid by MARINE to the City. 10. BISCAYNE shall in all other respects comply with all provisions of the Concession Agreement as it relates to the activities carried on by BISCAYNE and in the concession area. 11. This Agreement shall not take effect until it has been approved by the City of Miami and it will, thereafter, go into effect on the first day of the month following such approval. 12. BISCAYNE herewith delivered to MARINE the sum of One Thousand and No/100 Dollars ($1,000.00) being the first 2 82-277 r� month's rent plus a one (1) month security deposit to insure faithful performance of the obligations hereunder to pay the rent and the percentage of the gross sales. At the end of the term of this Agreement the security shall be applied to the last month's fixed rent or otherwise returned to BISCAYNE. 13. There is hereby adopted by and between MARINE and BISCAYNE all of the provisions and requirements of the Con- cession Agreement, as amended, with respect to the City of Miami. 14. BISCAYNE agrees to.provide a liability policy in comprehensive form in the amount of not less than Three Hundred Thousand Dollars ($300,000.00) combined single limits for bodily injury and property damage. Additionally, the insured must provide products and complete operations coverage and must make MARINE and the City of Miami an additional named insured under the policy. 15. BISCAYNE agrees to save and hold MARINE and the City of Miami harmless for any claims for damages arising out of the use of the subject property by BISCAYNE. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this Approved by: .day of , 1982. BISCAYNE BOAT RENTALS, INC. By Its President MARINE ADIUM NTERPRISES C\ By \ Its Vice President CITY OF MIAMI, this day of , 1982. CITY OF MIAMI, a municipal Corporation of the State of Florida By: HOWARD V. GARY City Manager 3 APPROVED AS TO FORM AND CORRECTNESS: ORGE0 F. MOY, JR. ty Attorney 11 82-277 or - MA "1 52-277 C'ry cF MIAMI. FLOi?toi, _ IN"r_P-CFF1C.= 1%1EM0RAN0U,- 1 -p Howard V. Gary -415' March 25, 1982 F!L= City Manager . - Assignment of boat rental rights from ;`Trine Stadium Enterprises, Inc. to Biscayne Boat Rentals, Inc. „v Cesar Odio Assistant City Manager � IT IS RECOMMENDED THAT THE CITY 141AVAGEF. BE AUTHORIZED TO EXECUTE AN APPROVAL OF THE ASSIGNMENT OF MARINE STADIUM ENTERPRISES, INC.' S BOAT RENTAL RIGHTS TO BISCAYNE BOAT RENTALS, INC. UNDER THE TER1,1S OF THE CONCESSION AGREEMENT BETWEEN THE CITY AND MARINE STADIUM ENTERPRISES, INC. The rental of small boats has been historically a compatible ancill- ary operational activity to marine facilities along Biscayne Bay. In June, 1979, the incorporation of boat rentals as an additional approved use was permitted on the premises of Marine Stadium Enter- prises, Inc. pursuant to Section 2, Use of Premises, Paragraph (d), of the concession agreement which provides: "Such other purposes not specifically included herein as may be necessary or desirable upon written approval of the City Manager or his designated representative, which approval shall not be unreasonably withheld." The City Commission, at its meeting of March 11, 1982, passed Votion 32-222: A Motion of the Citv Commission authorizing the City Manager to enter into an agreement which would allow Marine Stadium Enter- prises, Inc. to assign its boat rental rights to Biscayne Moat Rentals, Inc., which company will rent boats under the terms of the concession agreement between the City and Marine Stadium Enterprises, Inc., further stipulating that the City will continue to receive the same 10.3% which it currently receives and which is derived from this operation, further stipulating that this approval is subject to the City Manager resolving the points raised by Mr. John Thomas, Attorney representing "Marina Biscayne", previous to this item coming back before the City Commission for formalization. The assignment document has been reviewed and approved by the Cite Attorney's Office, clarifying the provision that the City shall receive 10.3% of all gross rental revenues from the boat rental operations. CO/WHH/f1 82-?77 WHH/f 1 3/25/82 rnnnz+rac tarn THIS AGREEMENT, made and entered into by and between Marine Stadium Enterprises, Inc. ("MARINE") and Biscayne Boat Rentals, Inc. ("BISCAYNE"). WHEREAS, MARINE entered into a Concession Agreement with City of Miami to operate certain concessions on property owned by the City of Miami, which property is more particularly described in the Concession Agreement dated May 19, 1978; and WHEREAS, MARINE desires to assign to Biscayne and Biscayne desires to accept certain rights, duties and obligations under the Concession Agreement, as amended. ment: NOW, THEREFORE, the parties have entered into this Agree- 1. MARINE does hereby assign certain of its rights and duties under the Concession Agreement and the amendments and addendums thereto to BISCAYNE for the consideration set forth herein. 2. There is hereby assigned to BISCAYNE the right to utilize, for the purposes set forth herein, the property, being a portion of the property covered by the Concession Agreement, which property is more particularly described on Exhibit "l" attached hereto. MARINE reserves the right to relocate operation of business. 3. The term of this assignment shall be contemporaneous with the Concession Agreement and amendments. That is, at the present time it shall run until May 31, 1993. 4. MARINE does hereby assign the right to operate a business and concession for the leasing and renting, on an hourly, daily or other basis, of water craft to the general public. Water craft shall include power boats, water bikes, jet skiis and the like. 5. With respect to the above activity, MARINE grants an exclusive right to BISCAYNE to carry on such business. t. $2-277 16. The Assignor (MARINE) agrees that it shall continue all of its obligations under its Agreement of May 19, 1978 with the City and that this assignment in no way shall relieve its agreement with the City of Miami. ✓ 7. The Assignee (BISCAYNE) hereby assumes all the obligations on the part of the assignor (MARINE) to be performed under the Agreement dated May 19, 1978, between the City and MARINE. 1/+8. In connection with the foregoing activities, BISCAYNE shall store their own boats, trailers and the like on their leased area. BISCAYNE shall construct improvements solely for the purpose of facilitating the aforesaid activities. Any such improvements which are permanent and affixed to the realty shall become the property of City of Miami at the end of the term of this Agreement. No improvements shall be made without the prior written consent of the City of Miami. 9. The consideration which BISCAYNE shall pay to MARINE for the aforesaid assignment shall be the sum of Five Hundred and No/100 Dollars ($500.00) per month or five percent (5%) of gross receipts whichever is greater, per month payable on the first day of the month in which this agreement goes into effect. Additionally, BISCAYNE shall pay MARINE ten and three tenths percent (10.3%) of monthly gross receipts which shall be paid by MARINE to the City. 10. BISCAYNE shall in all other respects comply with all provisions of the Concession Agreement as it relates to the activities carried on by BISCAYNE and in the concession area. 11. This Agreement shall not take effect until it has been approved by the City of Miami and it will, thereafter, go into effect on the first day of the month following such approval. 12. BISCAYNE herewith delivered to MARINE the sum of One Thousand and No/100 Dollars ($1,000.00) being the first 2 r- 8 2- 2 7 '7 1 /6. The Assignor ( MARINE ) agrees that it shall continue all of its obligations under its Agreement of May 19, 1978 with the City and that this assignment in no way shall relieve its agreement with the City of Miami. ✓ 7. The Assignee (BISCAYNE) hereby assumes all the obligations on the part of the assignor (MARINE) to be performed under the Agreement dated May 19, 1973, between the City and MARINE. J8. In connection with the foregoing activities, BISCAYNE shall store their own boats, trailers and the like on their leased area. BISCAYNE shall construct improvements solely for the purpose of facilitating the aforesaid activities. Any such improvements which are permanent and affixed to the realty shall become the property of City of Miami at the end of the term of this Agreement. No improvements shall be made without the prior written consent of the City of Miami. 9. The consideration which BISCAYNE shall pay to MARINE i for the aforesaid assignment shall be the sum of Five Hundred and No/100 Dollars ($500.00) per month or five percent (5%) { of gross receipts whichever is greater, per month payable on the first day of the month in which this agreement goes into effect. Additionally, BISCAYNE shall pay MARINE ten and three tenths percent (10.3%) of monthly gross receipts which shall be paid by MARINE to the City. 10. BISCAYNE shall in all other respects comply with all provisions of the Concession Agreement as it relates to the activities carried on by BISCAYNE and in the concession area. 11. This Agreement shall not take effect until it has been approved by the City of Miami and it will, thereafter, go into effect on the first day of the month following such approval. 12. BISCAYNE herewith delivered to MARINE the sum of one Thousand and No/100 Dollars ($1,000.00) being the first 2 1 82-277 1 S 4 . The Assignor (MARINE) agrees that it shall continue all of its obligations under its Agreement of May 19, 1978 with the City and that this assignment in no way shall relieve its agreement with the City of Miami. ✓/7. The Assignee (BISCAYNE) hereby assumes all the obligations on the part of the assignor (MARINE) to be performed under the Agreement dated May 19, 1978, between the City and MARINE. ✓8. In connection with the foregoing activities, BISCAYNE shall store their own boats, trailers and the like on their leased area. BISCAYNE shall construct improvements solely for the purpose of facilitating the aforesaid activities. Any such improvements which are permanent and affixed to the realty shall become the property of City of Miami at the end of the term of this Agreement. No improvements shall be made without the prior written consent of the City of Miami. 9. The consideration which BISCAYNE shall pay to MARINE for the aforesaid assignment shall be the sum of Five Hundred and No/100 Dollars ($500.00) per month or five percent (5%) of gross receipts whichever is greater, per month payable on the first day of the month in which this agreement goes into effect. Additionally, BISCAYNE shall pay MARINE ten and three tenths percent (10.3%) of monthly gross receipts which shall be paid by MARINE to the City. 10. BISCAYNE shall in all other respects comply with all provisions of the Concession Agreement as it relates to the activities carried on by BISCAYNE and in the concession area. 11. This Agreement shall not take effect until it has been approved by the City of Miami and it will, thereafter, go into effect on the first day of the month following such approval. 12. BISCAYNE herewith delivered to MARINE the sum of One Thousand and No/100 Dollars ($1,000.00) being the first iq 1 82 - 277 i month's rent plus a one (1) month security deposit to insure faithful performance of the obligations hereunder to pay the rent and the percentage of the gross sales. At the end of the term of this Agreement the security shall be applied to the last month's fixed rent or otherwise returned to BISCAYNE. 13. There is hereby adopted by and between MARINE and BISCAYNE all of the provisions and requirements of the Con- cession Agreement, as amended, with respect to the City of Miami. 14. BISCAYNE agrees to provide a liability policy in comprehensive form in the amount of not less than Three Hundred Thousand Dollars ($300,000.00) combined single limits for bodily injury and property damage. Additionally, the insured must provide products and complete operations coverage and must make MARINE and the City of Miami an additional named insured under the policy. 15. BISCAYNE agrees to save and hold MARINE and the City of Miami harmless for any claims for damages arising out of the use of the subject property by BISCAYNE. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, Approved by: CITY OF MIAMI, this this day of , 1982. BISCAYNE BOAT RENTALS, INC. By Its President MARINE ADIUM NTERPRISES BY C�, ,--- . CITY OF MIAMI, a municipal Corporation of the State of Florida By: HOWARD V. GARY City Manager day of Its Vice President 1982. APPROVED AS TO FORM AND CORRECTNESS: �ORGE F. K 40X JR. C ty Attorney_ 00 82-277 82-277