HomeMy WebLinkAboutR-82-0094It
RESOLUTION NO. 8 2 - 9 4
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO THE ATTACHED LEASE AGREEMENT WITH THE MIAMI
OUTBOARD CLUB PROVIDING FOR THE LEASING OF CERTAIN
DESCRIBED CITY OWNED SUBMERGED BAY BOTTOM LAND AND
SHORE LAND FOR A PERIOD OF THREE YEARS; FURTHER
AUTHORIZING THE CITY MANAGER TO INSTITUTE LEGAL AC-
TION TO REMOVE THE CLUB FROM SAID LANDS IN THE
EVENT THAT THE CLUB DOES NOT EXECUTE SAID LEASE
AGREEMENT WITHIN 30 DAYs.
WHEREAS, the Miami Outboard Club has for many years been located on
public lands on Watson Island; and
WIiEREAS, the lease between the Miami Outboard Club and the City of
Miami for certain submerged bay bottom land and shoreland, owned by the City,
expired as of March 12, 19'79; and
tdIiEREAS, the Miami Outboard Club has continued to occupy the premises
as a tenant at sufferance until this time; and
WHEREAS, both parties are apparently desirous of entering into a new
lease agreement; and
FLORIDA:
WHEREAS, the City Manager recommends the execution of this lease;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
Section 1. The City Manager is hereby authorized to execute the
attached Lease Agreement between the City of Miami and the Miami Outboard Club
for certain described City owned submerged bay bottom land and shore land for a
period of three years.
Section 2. In the event that the Club fails to execute the herein
authorized Lease Agreement within 30 days from the date hereof, the Cit
CITY COMMISSION i
MEETING OF
F E B 1 1 1982
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V
is authorized to institute legal action to remove the Club from the leased
premises as set forth in Section 1 hereof.
PASSED AND ADOPTED this 11 day of February 1982.
MAURICE A. FERRE
MAYOR
RALPH G. ONGIE CITY CLERK
PREPARED AND APPROVED B
ROBERT F. CLERK, DEPUTY CITY ATTORNEY
IWZ
► 82-94
III
c0:T M�F l(�119
1
LEASE AGREEMENT
Between
THE CITY OF MIAMI
and
THE M I AM I OUTBOARD CLUB
82-94
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MIAMI OUTBOARD CLUB LEASE
INDEX
I. DESCRIPTION OF PREMISES
II. TERM
III. USE OF PREMISES
IV. DEFINITIONS
. Tt rf'tm\fT1Tm mn / A 1m_
V. CONSIDERATION, CONDITIONS, PENALTIES AND
VI. LICENSES, PERMITS, TAXES AND FEES
VII. PAYMENT OF UTILITIES
VIII. CONDITIONS PRECEDENT
IX. ADJUST14ENT OF THE LOCATION OF PREMISES
X. SOIL DISPOSAL EASEMENT -
XI. I4INOR REPAIRS OF BOATS
}{II, ALTERATIONS OR IMPROVE14ENTS BY CLUB
XIII. ALTERATIONS OR REPAIRS BY CITY
XIV. DEVELOPMENT PLANS
XV, INSPECTION OF PREMISES
XVI. MAINTENANCE OF PREMISES
?,'VII. POLLUTION CONTROL
XVIII. C014PLIANCE WITH CITY, COUNTY, STATE AND FEDERAL LAW
XIX. HOLD HARMLESS PROVISION
Xx . INSURANCE
XXI. RISK OF LOSS
XXII. PREMISES DAMAGE OR DESTRUCTION
XXIII. ADVERTISING
XXIV. NON-DISCRIMINATION
XXV. ASSIGNMENT, SUBLETTING, OR TRANSFER OF STOCK
XXVI. DEFAULT
XXVII. CANCELLATION BY CLUB
XXVIII. CANCELLATION BY CITY
XXIX. NOTICES
XXX. ATTORNEYS' FEES
XXXI. SURRENDER OF PREMISES
XXXII. CANCELLATION OF PRIOR LEASE AGREEMENT
XXXIII. AFFIRMATIVE ACTION PLAN
XXXIV. OBTAINING APPROVAL OF LEASE
y,XXV. CAPTIONS
XXXVI, TER14S BINDING ON SUCCESSORS
XXXVII. PUBLIC ACCESS TO THE WATERFR(INT
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82-94
LEASE AGREEMENT
THIS LEASE, made and entefed into this day of
, 1982, between THE CITY OF MIAMI, a municipal corporation of
the State of Florida, Lessor (hereinafter referred to as "City"), and the
MIAMI OUTBOARD CLUB, INC.► a non-profit corporation of the State of Florida
(hereinafter referred to as "Club");
WTTMrggF.TH e
WHEREAS, the Charter of the City of Miami authorizes and empowers
the City of Miami to do all things whatsoever necessary or expedient for
promoting or maintaining the general welfare of the City of Miami or its
inhabitants; and
WHEREAS, such empowering provisions of the Charter authorizes
the City of Miami to establish small boat facilities; and
WHEREAS, the City of Miami does not now maintain adequate small
boat facilities in the City of Miami adjacent to Biscayne Bay; and
WHEREAS, the Miami Outboard Club has since the year 1947 main-
tained such facilities on a portion of Watson Island and such facilities
have been used by not only the members of the Club i>::+. the public as well;
and
WHEREAS, the Miami Outboard Club since its occupancy of a por-
tion of Vatson Island has:
i 1. Taught small boating, water skiiing, fishing,
navigation regulations, water safety, and other allied sub-
jects to its members,to the youth of the area, and to the
public;
2. Established and maintained,not only for itself,
in cooperation with the United States Coast Guard and the
City of Miami a Radio Patrol Team (being the first small
boat radio patrol team in the nation) which has been of
service in times of emergency as well as boating regattas,
all of which has been of benefit to the general welfare of
the City of Miami and its inhabitants;
3. Established and conducted regattas which have
brought and will continue to bring international publicity
to Miami;
9. Combatted, through its activities in an affir-
mative manner, juvenile delinquency in the City of t.iami;
5. Aided in providing facilities for small boat-
ing in the City of Miami;
6. Pioneered small boating in the Miami area and
this pioneering has aided in establishing small boating as
a major economic asset to the Miami area.
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and
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S
WHEREAS, the City of Miami considers the above -named services to be
services of a public nature, quasi -municipal in character; and
WHEREAS, the Miami Outboard Club has established itself internationally
as an asset to small boating and in so doing publicizes the City of Miami; and
WHEREAS, the City of Miami desires to aid insofar as is possible the
small boat industry of the City Of Miami; and
WHEREAS, the Miami Outboard Club has financed and built the facilities
it is now using on a portion of Watson Island, and that the said club occupied
a portion of Watson Island prior to the time the City received a deed from the
Internal Improvement Board of the State of Florida to Watson Island: and
WHEREAS, the greater interest of the members of said Club and the
public, generally, will be better served by expandinr*, the facilities of the hi"Lmi
Outboard Club to include substantial improvements for the purposes herein
expressed and will aid in focusing the attention of the public c,,enerally and t.l:
visiting tourists on the recreational facilities available, in the P'iami area; and
WHEREAS, the City of Miami recognizes that the Miami Outboard Club, in
order to finance additional improvements necessary to its operation an,i to mrike
launching facilities available to its members and to the public, roust have a
lease; and
WHEREAS, the City of Miami in its overall development p1.,-rn for Wat:;nn
Island does not for such purposes presently need the premises herein demisefl; and
WHEREAS, the Commission of the City of Miami, by the •-,.1ol,t.ioc; of
Resolution No._ datedCbv��t: y �� , 1982 ,
authorized the City Manager to execute a new lease agreement with the '?i%ni
Outboard Club, Inc., for a period of three years for certain described City-owric-1
property on Watson Island;
NOW, THEREFORE, in consideration of the premises and mutual covenant.:
hereinafter contained to be observed and performed, the parties hereto coven-int
and agree as follows:
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I. DESCRIPTION OF PREMISES
The City hereby leases unto the Club for the purpose and under
the conditions hereinafter set forth, the following real property and bay
bottom lands located on Biscayne Bay, City of Miami, Dade County, Florida,
legally described as follows:
According to Exhibit A. attached hereto
and made a part hereof, further depicted by
a sketch shown as "xhibit B.
11. TERM
The term of this Lease Agreement shall be THREE (3) years,
beginning on the
day of ,1932► and terminating
on the
day of ,1985. - y-
e�er�ded--en-ed�it-ionsl-seventeen--(i 7-}-yeaz'-'period-nForr "t}�� �,PI'a'vn�-�"Pi'fl"
III. USE OF PREMISES
exclusive rights, at the previously described
(a) Club shall have
premises, to conduct all of the usual functions incidental to yacht club
operations, subject to the qualifications contained in the provisions of this
Lease. The operations as authorized upon the premises shall be designed
primarily to serve the members of the Club, the boating public, and visiting
tourists, and for no other purpose. Food and beverage operations shall be
permitted as a service to Club members and guests.
(b) The Club shall make no unlawful, improper, or offensive use
of the leased premises.
(c) The Club shall not engage in the sale of food and alcoholic
•
beverages, or the sale of other merchandise to the public without first ob-
taining the written consent of the City Manager of the City.
(d) This Lease and all rights of the Club hereunder shall, at
the option of the City, cease and terminate upon discontinuance of the
stated use and operation of the premises of the Club, after having first
been given written notice by the City of the violation and/or default and
after having first been given the opportunity to cure said violation within
thirty (30) days.
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IV. DEFINITIONS
For the purpose of calculating the consideration due the City,
and other terms and conditions of this Agreement, the following definitions
shall be used:
(a) RESIDENT (CITY OF MIAMI)
A resident status shall be evidenced by ownership of a home
and paying ad valorem property taxes to the City; ooming and
operating a business in the City (said owner -operator holding
a City of Miami occupational license); or, being a registered
voter of the City.
(b) PARTICIPANT
Participant shall be any person that is an active participant
in the Club's public service programs, and whose name is re-
corded on the report of public services as required.
(c) USER OF THE CLUB FACILITY
Any member or their guest having docking, moori.nq or otherwise
having the privilege to keep a boat on the premises, shall be
considered a user of the Club facility. (Title notwithstanding).
(d) PER CAPITA PROPERTY TAX
The per capita property tax is defined as the City's property
tax revenues for a given year divided by the City's population
as estimated by the City's Planning Department, for the subject
year.
(e) MULTIPLE USER
If there is more than one family member or guest docking,
mooring, or otherwise having the privilege of keeping a boat
on the premises, each person shall be considered individually
as a user of the facility, and thus counted as one more user.
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V. CONSIDERATION CONDITIONS. PENALTIES. AND ADJi1STr,1FNT5 TO SOPVE
a) CONSIDERATION
The annual rental payable monthly to the City shall be the greater of
the following:
(1) A base yearly rental airount of 413,120.00. This amount is
based upon
$.08
per
square foot of shore -land
area and $.02
per square
foot
f'or
submerged baybuttom area
as agreed upon; or
(2) The per capita property tax, as herein above defined, multip'il-d
by the number of members who are users of the Club facility
that are not residents of the City of Miarii. Junior an(l
Senior members who are participants beinfr exclu(le(i from this
computation; or
(3) Ten percent of gross income including, but not limited to, club mem-
bership dues, wet & dry boat storage and restaurant & bar operations.
b) PENALTIES
In addition to the aforementioned rent :enouilts, shoulki a vn,rancy oCC111,
at any time after the effective date of this agreement, rIn ran; ST.fi-e
where a boat is kept, and said vacancy is not filled by a hoat owned
by a City of Miami resident; the Club will. pay to the City a surclriri,
amount of 20% of the per capita property tax, for e!ich an] every
in the club who is a user of the Club facility. The Club ::hall b,>
relieved of payment of the surcharge for the periods of tine dlirinp�
r. t 6+ea-
����� u the ears of this agreement when the ntunber of City of "iimi
resident users of the Club facility exceed the following:
14% the first year, ending October 1, 1982
160/0' the second year, ending October 1, 1983
187o the third year, ending October 1, 1984
The Club shall be exempt from any surcharge duri.nf� the periods specit'iel
above, if each and every vacancy that occurs is filled by a City of
Miami resident's boat or the number of City of Mi:oni resident users
corresponding to the hereinabove percentat-,es (roi;ntied oft' t,) the hi:,h-?s1,
figure), is reached.
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c) CONDITIONS
1. The City agrees that any of the aforementioned surcharge amounts
received by the City shall be placed in a separate account within
the Marina Enterprise Fund dedicated to development and improvement
of the City's Marinas.
2. For the purpose of calculating the consideration due the City, family
membership shall be computed as one unless there is multiple use as
hereinabove defined. In this case each person shall be considered
individually as a user of the facility, and thus counted as more than
one user.
3. The Club agrees that one twelfth (1/12) of the annual base yearly rental
shall be paid for the current month on or before the twentieth day of
each month.
4. The Club shall, at the end of each six month period, provide a state-
ment in certification form signed by a duly authorized officer of the
Club attesting to the prior period membership composition; resident,
non resident, user, non user; the number of guests using the facility;
the number of new occupancies by non resident Club members for tt:}.
prior six month period; the occupancy rate; the rates charged; and any
additional detail as the Director of Finance for the City may prescribe-
S
. The Club shall report bi-annually the public service programs in progress,
during the preceding month, the number of participants, their names and
any other additional details as may be required.
6. The reports and operations, thus reported, shall be subject to audit by
the City on a yearly basis to determine the additional consideration, if
any, payable to the City, in accordance with the terms.of this Agreement.
7. The Club agrees that upon execution of this Agreement, and every six
month period thereafter, it will provide the City with a complete
listing of all club members, all club users, their residency status,
any changes in the prior six month period, and any additional details
as the Director of Finance for the City may prescribe.
8. The Club agrees that for public purpose it will rr:sl;e the Clui �. it iti
available twelve times a ,year fnr pilbl.ic use a:: c: i;; t;e
City Commission upon ay.:1i l rit,l e -fetes.
1� 82 - 94
d) ADJUSTMENT TO THE CONSIDERATION
The arly rental will be adjusted every five (5) years and shall b
the gre er of the following:
One bun ed twenty per cent (120%) of the base rent year
amounts cal lated on the square footage provided fo the period
of this Lease, s to the first adjustment; and on hundred twenty
per cent (120%) of he then existing rent on y periods there-
after; or:
The yearly rental shall be aid in a d lar amount equivalent to
the present purchasing power eac dollar. This equivalent
K'TtL (� �L amount will be determined by di ng the rental amounts applicable
I
by the consumer price index umber fo the last date for which
computation has been mad in lt)82 by the ureau of Labor Statistics
of the United States partment of Labor for he month preceding
the month in whic the Lease becomes effective a d then multiplying
that amount b the index number for the month prece 'ng the month
in which t adjustment is to take place.
The per capita property taxes will be adjusted every five ) year.
to rrespond with the taxes and population in the year in whi i
e adjustment is to take place.
VI. LICENSES, PERMITS, TAXES AND FEES
a) The Club shall obtain and pay for all licenses, permits, and fees
necessary for the Club to conduct business on the leased premises. The
Club shall pay all taxes of whatever nature as are lawfully levied or
assessed against the demised premises and improvements, sales, rents, or
operations thereon including, but not limited to, ad valorem taxes, and
the payment thereof shall include taxes assessed for'the current year, if
any are so assessed. The Club further agrees to pay all of the said
taxes lawfully assessed, on such dates as they become due and payable.
The failure of the Club to pay the taxes as aforesaid, shall constitute
grounds for the immediate cancellation of this Lease by the city. The
Club is to pay all charges and expenses of every nature that may be im-
posed upon said leased premises and its appurtenances during the term
of this Lease or which may arise during the term of this Lease.
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VII. PAYMENTS OF UTILITIES
The Club shall pay all charges for utilities to the leased preml ses
including, but not limited to, charges for water, *as, sewage, electricity, aryl
telephone, during the term of this Lease.
VIII. CONDITIONS PRECEDENT
The Lease shall not become effective unless and until approved by the
City Commission of the City of Miami.
a) No structure of any kind now existing on the premises shall be
altered or a new structure erected upon the herein described
premises unless the plans for said construction have been fist
submitted to the City Manager and the Director of the Buildill,'! arrci
Zoning Inspections Department of the City of Pliar" for a1)pi'0
v:1l.
b) As a condition to this Lease the Club shall ot)tni rr at its Sole cost
and expense all permits, approvals, and rel�rted documents from ,u1Y
and all Federal, :Mate and local fTovernments and agencies re,iui ri nk?
them for construction of any new docking or club facility except
the City's overall. Watson Tsl.and 14-irina developr•;ent plans.
eing the freeholder rind !-raving •,ht;
vested ri:
agrees that the City bit
the real estate which is the subJect of this Agreement; shall be th-2
applicant and the Club its authorized agent in filing for all slich
permits. All such permits shall be and remain -it rc1.1 t irrrec, t,lrc
property of the City, its successors or assit',W;.
The Club slr-r! 1. 1'i
the applications for all permits or approval:; necessary to commence
construction and/or dredging on the leased premises.
The approval of any expanded docking facilities shall lre first
obtained by the Club fr•onr the following: (1) The United St ite:; Ar V
Corps of Engineers, (2) The United States Coast Guard, (3) The Tr''a-.t-`"'•
of the State of Florida Tnternal Improvement Fund, (4) The City of i":i�ri
Department of Public Works and the City of tdiami Building and
Inspections Department, and (5) all other permits required by law.
The Club shall inform the City Manager of all such app1ic1-1tior1s rn!
shall attach copies thereof. Permits and licenses,
shall be issued in the nacre of the City.
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IX.
kA
ADJUSTMENT OF THE LOCATION OF PREMISES
Should the City or any governmental agency by virtue of their juris-
diction over publicly owned lands require, for the purpose of development, public
need, or any other public purpose, the realignment or relocation of the demised
premises or parts thereof; then the Club shall be bound to comply with any
required changes or adjustment as may be directed by the City Manager.
X. SOIL DISPOSAL EASEMENT
It is further understood and agreed by and between the City and the Club
that this Lease is subject to the provisions of a certain Soil Disposal Easement
between the City of Miami and the United States of America, dated the 18th day of
February, 1948, for the dumping of fill on the property described hereinahove and
in front of the property described herreinabove, and that the Club agrees not to
interfere with any operations by the United States of America pursuant to the
said Easement.
XI. MINOR REPAIRS OF BOATS
Only minor repairs and servicing of boats shall be permitted on the premises.
The Club facilities shall mot be used for the purpose of major maintenance or over-
hauling of boats or craft.
XII. ALTERATIONS OR IMPROVEMENTS BY CLUB
The Club shall make no leasehold improvement, addition, partition, alteration
or adjustment to the leased premises,(maintenance and repairs excluded), without fir"':
having obtained the written consent of the City Manager of the City. All reauestF
shall be in writing and shall include plans and specifications pertaining thereto.
All alterations, improvements, additions, or partitions made or installed by the Clue
on the demised premises authorized under the Lease Agreement dated June 6, 1957, an'l
all alterations, improvements, additions, or partitions, both real or personal made
or installed by the Club on the demised premises under the provisions of this Lease
shall become the property of the City upon the expiration of this Lease.
XIII. ALTERATIONS OR REPAIRS BY THE CITY
The City shall have the right to make such alterations, repairs, or additions
to the leased premises as the City may deem necessary without any liability to the
Club therefor, upon reasonable notice to the Club. (Incorporated by reference is
XXVIII B for compensation). The Club shall cooperate with the City in making such
alterations, repairs or additions to the leased premises in order that the City may
complete its work. The City will cooperate with the Club in ma}:ing such alterations
or repairs so as to not unreasonably disturb the Club in the operations of the
leased premises.
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82-94 4
XIV. DEVELOPMENTAL PLANS
The development of new docking facilities is anticipated by the Club
and the City. The developmentalplftn fur any nev cltri. f.:.cility 1m1:,t complement
the overall design and planning for the Watson Island area. The dry storage area.n
of the Club facility shall be adequately screened or landscaped. No structure
of any kind now
existing
on the premises
shall be altered or new
&W4 .P. KaL m a . "1
structure
G�r�
erected upon the
demised
premises unless
the pl.ans^ther'efor S11-1
have been
first submitted to the City Manager and the City Comrni.ssion for approval..
XV. INSPECTION OF PREMISES
The Club agrees to permit the City Manat*er or his authorized repr•es etitnt i !;-
to enter the premises at any time for any purpose which the City �iarur, f>r �)f the
City
deems necessary or incidental. to,
or connected with,
the pQrr'or•;nnn(,e
Of'
City
duties or obligations hereunder,
or in the exercioe
of the
y's
or functions.
XVI. MAINTENANCE OF THE PREi'ISES
(a) The Club shall, at its sole cost and exhe►lse, maintain the
premises and
all improvements thereon in goo-1 order can
attractive,
clean, and sanitary condition. Upon
the r'lui 's
failure to
the premises and improvements thereon in the condition heretofore scat,
the satisfaction of the City Manager of the City, with prior not.i:e tc> "I"
the City through the City Manager rriy make at its sole option, the
expenditures to maintain the premises and improvements thereon in a r7ood, clear,
sanitary, and attractive state, and shall assess the cost therefor, or the co::'.
of any necessary repairs, against the Club and the Club shall, within ten
days after receipt of notice of the cost thereof, remit said nrrourit to the
or otherwise, shall be in default of this Lease.
(b) It shall he the sole responsibility of the Club to maintain the
structures, equipment, furnishing-,s and fixtures, and the land appurtenances
thereon and thereto, and the Club shrill abide by all laws and make such improve-
ments as required by law at its sole cost and expense in operatinf,, the facility
for the purposes as provided by this, lease.
XV1I. POLLUTION CONTROL
The Club shall comply with and abide by all Federal., State, County, arul
City laws and regulations either presently in existence or subsequently issued,
with regard to anti -pollution methods and sewn;*c: waste disposal.
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82-94
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XVIII. COMPLIANCE WITH CITY, COUNTY, STATE AND FEDERAI. LAW
The Club shall comply with all rules, regulations and laws of the
City of Miami, Dade County, the State of Florida, or the United States Govern-
ment, applicable to the leased premises and any improvements located thereon.
Any material failure to comply with any such rule, regulation, or law shall be
deemed to be a default on the part of the Club.
XIX. HOLD HARMLESS PROVISION
The Club shall maintain and supervise the leased premises, including
docking facilities, in a safe condition, and shall indemnify and save harmless
the City and its Officers, Agents, and Employees, from and against any and all
claims, suits, actions, damages or causes of action arising during the term of.
this Lease for any personal injury, loss of life, or damage to property sus-
tained in or on the leased premises by reason of or as a result of or arisinq
out of the Club's occupancy, use, activities, operation and construction thereon;
from and against any orders, judgments, or decrees which may be entered thereon;
and from and against all costs, attorney's fees, expenses and liabilities
incurred in the defense of any such claim and the investigation thereof.
XX. INSUPMICE
The Club shall maintain during the term of this Agreement the
following insurance:
a. Public Liability including Products Liability, Insurance in tho
amounts of not less than $1,000,000.00 I-,er occurrence for death or
bodily injury and not less than $50,000.00 per occurrence for
property damage.
b. A Standard Fire Insurance Policy on its premises and all furniture,
fixtures, equipment, and improvements, including the perils of
fire, extended coverage, and other perils, for the actual cash
value thereof.
c. The City shall be named as an additional insured under the poli-
cies of insurance as required by this Agreement.
d. Automobile Liability Insurance coverinq all owned, non -owned, and
hired vehicles in amounts of not less than $100,000.00 per accident
and $300,000.00 per occurrence of bodily injury and $10,000.00
property damage.
e. The City shall be given at least thirty (30) days advance written
notice of cancellation of said policies or any material modifica-
tions thereof.
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82-94
4N.
f. Certificates of insurance shall be filed with the Finance Depart-
ment, Risk Management Division of the City of Miami.
g. The insurance coverage required shall include those classifications
as listed in standard liability insurance manuals, which most
nearly reflect the operations of the Club.
h. All insurance policies shall be issued by companies authorized to
do business under the laws of the State of Florida and must be
rated at least "A" as to management and Class "X" as to financial
strength, all in accordance to A.M. BEST'S KEY RATING GUIDE, latest
edition.
i. The City reserves the right to amend the insurance requirements as
circumstances dictate in order to protect the interest of the City
in this Lease Agreement.
j. The Club shall furnish certificates of insurance to the City prior
to the commencement of 6perations, which certificates shall clearly
indicate the Club has obtained insurance in the type, amount, and
classifications as required for strict compliance with this
covenant and shall be subject to the approval of the Department of
Finance, Risk Management Division of the City of Miami.
k. The policy shall be endorsed as follows:
"It is agreed that in the event of any claim or suit
against the insured for damages covered by this polic:y,
insurance company will not deny liability by the use of
a defense based upon governmental immunity."
XXI. RISK OF LOSS
The Club agrees to assume all risk of loss, injury or darnag� of ar...
or nature whatsoever to property now or hereafter placed on or within the leas.�'
premises by the Club or others, and all risk or loss, injury or dar,aae of any ki!id
or nature whatsoever to the contents of all buildings, docks, or improvements made
by the Club to the structure or structures, or to any goods, chattels, merchan;li.v!,
or to any other property that may now or hereafter be placed upon said lease!
premises, whether belonging to the Club or others, whether said loss or injury or
damage results from fire, hurricane, rising water, or from any other cause, and to
hold harmless the City from all claims and suits growing out of any such loss,
injury, or damage.
XXII. PREMISES DAMAGE OR DESTRUCTIO'4
(a) In the event the premises shall be destroyed or so damaged or
injured by fire or other casualty during the term of this Lease whereby the same
shall be rendered untenantable, then the Club shall render said premises tenant-
able by repairs within ninety (90) days therefrom or such additional period of
time as agreed to by the City Manager of the City, in writing.
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(b) In the event the premises -are substantially destroyed or so
damaged or injured by fire or other casualty that the premises cannot be
rendered tenantable or that the Club elects not to repair within the ninety (90)
day or other period as agreed above by the City Manager, then the proceeds of
the insurance policy or policies covering such loss or damage shall be paid to
the City of Miami and the Club as their respective interests may then appear
and this Lease shall be deemed terminated.
XXIII. ADVERTISING
The Club shall not permit any signs or advertising matter to be
placed either in the interior or upon the exterior of any building or portion
of the leased premises without first having obtained the written approval of the
City Manager of the City; however, the Club may place usual or customary
merchandising signs upon the leased premises without approval provided that, in
the
event the
City Manager of the
City notifies the Club
in writing
to remove
any
or all of
these merchandising
signs, the Club shall
remove same
within the
time specified by the City Manager of the City.
XXIV.
NON-DISCRIMINATION
The Club agrees that there will be no discrimination against an•;
person on account of race, color, sex, religious creed, ancestry or national
origin, in the use of the demisded premises and the improvements thereon. It
is expressly understood that upon proof of discrimination the city shall have
the right to terminate this Lease Agreement.
XXV. ASSIGNMENT, SUBLETTING, OR TRANSFER OF STOCK
The Club shall not assign this Lease, nor sublet, nor assign, or
sublet any portion of the demised premises, nor grant any concession whatsoever
during the term of this Lease without first having obtained the authorization
of the Commission of the City of Miami. The Club agrees that it will not
transfer any stock in the corporation subsequent to entering into this Agreement
until such transfer is approved by the City.
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XXVI. DEFAULT
In the event the Club fails to comply with each and every term
and condition of this Lease, or fails to perform any of the terms and con-
ditions contained herein, or fails to comply with the written directions of
the City Manager of the City within thirty (30) days after written notice to
the Club (of the specific failure claimed by the City to exist), then the
City, at the City's sole option, and without further notice or demand to the
Club, may cancel and terminate this Lease, and said Lease shall be null and
void and of no further force and effect, and the Club shall forthwith vacate
the premises.
XXVIII. CANCELLATION BY CLUB
It is agreed that this Lease may be cancelled by the Club at any
time upon thirty (30) days written notice to the City i•;anager of the City.
The Club shall have the right to cancel this Lease at any time but such
cancellation shall not impose any duty or obligation on the City to make any
compensation or reimbursement to the Club for any part of the cost of con-
struction or maintenance of any improvements made thereon by the Club.
XXVIII. CANCELLATION BY THE CITY
(a) The City reserves the right to cancel, terminate, and declare
this Lease to be null and void in the event the Federal or State government
requires the City to reacquire the demised premises; or, said premises are
needed by the City for any municipal purpose. Notice of cancellation shall
be given at least six (6) months in advance, in writing, and mailed to
the Commodore, Miaini Outboard Club, 1099 1~1acArthur Cailsewfiv, 1.1inmi, F'1eri,irl.
(b) In the event the City cancels this Lease as provided in sub-
paragraph (a) above, and for no other reason, the City will reimburse the Club
for the remaining unpaid capital investment of any permanent leasehold
improvements constructed on the premises. No reimbursement will be made if
the termination of this Agreement is caused by the Club's failure to comply
with any of the other terms and conditions contained herein.
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82-94
XXXIII. AFFIRMATIVE ACTION PLAN
An affirmative action plan requires t.lu,t, r, Le taken W pr• ,vi l(-r
equal opportunity, as in hiring or admissions, for ir.r c h r ., t' pr•e•; i"nr a;; -1 i s-
advantaged groups, such as women and mi nor•iti ps, nn i t rLen i nvol ven : l i'a i'u'
goals and timetables.
The Club, in furtherance of Imov:idintr equrtl ol1or•tunity rar• pr•evinusty
disadvantaged groups
such as minorities, shall institute
%n
affirmative
action
plan. The minority
membership of the Club sh31.1 consist
or
no leva than
of the total membership after the first year of this, arre ement.. The 01 W)
shall then increase its minority member ;hip 55 nor i,ear + Wrtr.0f r lu,`, i l nqoh
time as the total club membership reriects the minority
tive of the City of Miami',-, population.
The Club shall provide a minimrirr or .,ix
for minorities at the club fair i 1 i t i os , which shall i no 1 !e + hr n- 1 ' )
hispanics and three (3) for blacks. Four or the • ix jam"i
shall be scheduled during the summer r .0 hr, or ,June_ 3 t,
year and shall include two t'or• hisI>a,nirr;, nrd two rar• w inkA.
XXXIV. OBTAINING APPROVAL 'rF TEAS'',
Prior to this Lease becoming effective, the Club :•.l-v i ht i : .
the Trustees of the Internal Improvement Fund or th(-• "t -i t „,,• i .
approval of this Lease or such
othor l oral document, "jq�n)vi 1.:;: t fle cl q,
Attorney which would indicate
that. the
Internal
%P W, M Ks., . , to.
of Florida does not find this.
Lease to
be in viol.+t,
in, a, tl•, . lee , rc. .. i
of that certain deed No. MY
between
Internal.
Tmprovu eat Fun! of the Am -
of Florida and the City of Mi avii
dated
February
24, l &Q , revar,le '. in noel
3130, page 257, of the Public
Records
of Dade i',c,trnt,
, Finr•i i% ur: to r 1 '•.
File No. Y 29610.
XXXV. CAPTION!;
The Captions contained in this Least' are inserted only a ngtIer
convenience and for reference, and in no way det'ine, lihit,, or hr, vor•il,o t h.•
scope of this Lease or the Went or an;; pr•ovi s: i or: Ehrr. on
XXXVT . TERM._, RTNDI NG ON FUCCl t;c. OK)
This Lease shall be bindin,c an the. Pity ern i the club, tir,i :
and assigns, and they shall abide by e%ch of the tern.. •rr; l 00ndlWens h-r•n• .
XXXVII. PUBLIC ACCE12 `PO THP WATERFWIT
The public shW 1 be al"" •,u..ess t
leased premises, said access WWI suhj ;ti r"nLr1uLjnnA fur nublin .,c,r'.:+,, .
82-94 i
XXIX. NOTICES
(a) All notices shall be sent to the parties at the following
addresses:
CLUB: Commodore, Miami Outboard Club
1099 MacArthur Causeway
Miami, Florida 33132
CITY: The City Manager, City of Miami
3500 Pan American Drive, Dinner Key
Miami, Florida 33133
(b) The Club and the City may change the above mailing addresses
at any time upon giving the other party written notification.
(c) All notices under this Lease must be in writing and shall be
deemed to be served when delivered to the address of the addressee. All notices
served by mail shall be registered or certified mail, return receipt requested.
XXX. ATTORNEYS' FEES
In the event it becomes necessary for the City to file a lawsuit
in the appropriate court of law to enforce any of the terms and conditions of
this Lease, or to require the Club to perform any of the covenants or terms
and conditions as provided herein, then the Club agrees that it shall ray to
the City reasonable attorneys' fees.
XXXI. SURRENDER OF THE PREMISES
The Club agrees that it will quietly and peaceably mjit and
deliver the leased premises to the City at the end of the lease term in the
same or better condition as received, ordinary wear, decay and damage by the
elements only excepted.
XXXII. CANCELLATION OF PRIOR LEASE AGREEMENT
Upon the execution by all parties to this Lease and when approved
by the City Commission of the City of Miami, the Lease Agreement dated June 6,
1957, together with amendments thereto, if any, shall be vacated, cancelled,
set aside, and shall be of no further force and effect.
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IN WITNESS WHEREOF, the part ies hereto have r,;ur ;c�,i 1AW i r• r
names to be subscribed and their corporate seals t<� t)e a.ffixeci hereto, this
the day and year first above written. `Phis w,lreement shall not ,ro into ffect
until the parties hereto comply with the terms and condition' set forth by t.hc
Internal Improvement Hoard of the State of Florida; said terms si11+1 con(r:s
are recorded in the minutes of the Internal Improvement Fend of Ue "t!!tc < }'
Florida and are recorded in their minutes of the meeting;
held in Tallahassee, Florida, and that said P-o;rr+i has 1'oluid thc+t '.iris
not in violation of any restrictions or limitation of "'cc-l" e+f '.1",e '::' �' i ''•
may be placed upon the demised land.
ATTEST:
THE CTTY OF I•1V.IiT, FLOIiTD. a
municipal corporation
By
CITY 14,ATIAGER
CITY CLERK
MTAMI OUTBOARD CUM, MC., a.
non-profit corporation of the
State of Florida
PRFa;TPEVT
ATTE:' T :
SECRETARY
PREPARED AND APPROVED BY: A!'I'Il:OVI•:': A:' TO FCj',•'M ikNO
r "
I,% 1,1.10r, ,TIt. ('VIY
82-94
14I'AMI OUTBOARD CLUB
FX111 BTT A
Commence at a point shown as P.T. Sta. 47 *16.98
on the OFFICIAL 74AP OF LOCATION AND SURVEY OF A PORTION
OF SECTION 8706, DESIGNATED AS A PART OF STATE ROAD
A-1-A IN DADE COUNTY, FLORIDA, as recorded in clap Book
56 at Page 71 of the Public Records of Dade County,
Florida, said point being the point of tangency of the
center line of the most southerly curve of General
Douglas MacArthur Causeway running northwestwardly from
the southeasterly corner of Watson Island and having a
radium of 1910.08 feet and a central angle of 34'47115";
thence run northeastwardly along the radial line of the
abovementioned curve for a distance of 65.00 feet to the
point of beginning of the parcel of land hereinafter
described; thence run northwestwardly along the northerly
right-of-way line of said General Douglas MacArthur
Causeway, said line being the arch of a curve having a
radius of 1845.08 feet and a central angle of 23*08'10",
for a distance of 745.05 feet to a point; thence
deflecting to the right 91'25'55" from a line tangent to
the last mentioned curve at this point, run northeast-
wardly for a distance of 549.84 feet, more or less, to
a point; thence deflecting to the right 118.00100" run
south eastwardly for a distance of 616.62 feet, more
or less, to the point of beginning, containing 4.77 acres,
more or less.
�, 82' 94
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"o,"e-". ev,
MIAMI OUTBOARD CLUA-MC-
4.77± Acres
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-82*- 94