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HomeMy WebLinkAboutR-81-0397.. t .. .. kit.. ... �_.. s- s, ., •�, and facility commonly known as the "Miamarina"; and WHEREAS, the City has advertised for public proposals for the lease and the operation of the Miamarina facilities; and WHEREAS, New World Marinas, Inc., along with several other proposers, made public proposals in accordance with bid docu- ments; and WHEREAS, the City Commission directed the City Manager to negotiate a short-term management contract with New World Marinas, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to ex- ecute the attached agreement with New World Marinas, Inc., for the operation and management of Miamarina for a period of four years, substantially in accordance with the terms and conditions set forth therein. PASSED AND ADOPTED this 15TH day of MAY , 1981. MAURICE A. FERRE _ MAURICE A. FERRE, MAYOR / C�e_L LPH G. ONGIE v L.. C" TY CLERK � r i PREPARED AND APPROVED BY; APPROVED A$ TO FORM 4ND CORRECTNESS: JO N J, OPEI, N, JR ;� , GEO GE F. KNOX, JR, , ASSISTANT CIT ATTORNEYS . CITY ATTORNEY I �' -' �`'_=C:� ,'DOCUN",'F`T INDEX OF A P 9,► '( J. ; r Howard Gary April 29, 1981 City `•'.ana.rer Mahageitent Agreement for 141amarina with New World Marinas; Inc Carlos Iarci 3, .1 tin" Director fEs. Finance Department It is recommended that the City Commission arrrove the attached ManaLement A•reement between the City and :ew Won- _1 :-:arinas , Inc. , for the manar-ement of ,�Siamarina. Further, it is reco^^en.ied that the Lit.• ;i er be a.uti:orized to exec!ite ~his a ee e;:t and irrie- went the ch,n-e of ma a:-ement as soon as possible. The attached copy of the Resolution and proposed manacement agreement between New World 'Arinas, Inc., and the City of :•!iami reflects chanf-es incorporated after a dlscussicn and review b, the City Commission of the proposed agreement on February 12, 1980, and subsequent analysis an,, reco;rmendatior, by Real Estate Research Corp., ,d.A.I. appraiser. P+11 chan:-ea have been ne-oti:itel. between, City staff and New World .-'arina's re^resentatives. ?! comprehenoive summary of the terms and condi- tions is attached .'or your review. The proposed manaE;ement a�,reenent has been reviewed and approved by the Waterfront Board. F. Robert .uinlivan, '.•S.A.I., and Real Estate Research Corporation, have analyzed the proposed mana7ement agreement and concluded that this agreement provides for a fair rate -.�:' return to the City. Attsche.-i are copies of the corresp�nde.:ce between the City and Real Estate Research Corporation attesting to their approval o^ ^� n. for •��� l ,ir+ i S 1 .,'n- �e;.. .. , $j" •.'F_'mont. A1oo e;±C ,.,nrj cope f ap - praisal .. � , , es o the retort by F. Robert ^ulnli-,,an, :' A.I. Appraiser. { i 7 1 Pj Y tS it rj a i `AND AT OF ANNUAL GROSS "DOCKAGE RECEIPTS" BETWEEN $450.000.00 AND 550,000.00 DOLLARS. AND 22`; OF ALL ANNUAL GROSS "DOCKAGE RECEIPTS" OVER $550,000.00 DOLLARS. llC� tf;'}C�;�ti'�' r �] L,j D".t FULLOW 77 1G y1f yy{ 1 C t * ac t Ili � �: 4 � t 6; L t "� � f t !� I 1 f `•'ill 4 d" P Il I TAYE�. 1p CG"aCESSION PROPERTIES AR€ TAXED, CITY OR NEW WORLD MAY bEMID AT CONCES—co1011AIRES EXPENSE. IF FACILITY IS TAXED, NEW WORLD AND CITY SHALL DEFEND. IF FACILITY IS FINALLY JUDGED TO BE TAXABLE FOR REASONS OTHER. THAN THE VANAGE''ENT AGREEI':ENT, THEN TAXES ARE SPREAD TO TEIIANTS. IF FACILITY IS FI"TALLY JUDGED TO BE TAXABLE BLC:AUSE OF THE fit EPIT AGREENENT THEN TAXES ARE SPREAD TO THE TE"IAINTS TO THE WRIT RATES DO NOT EXCEED THE AVERAGE IN OTHER MARINAS OF SIMILAR QUAL i T Y IN DADS COUNTY. IF TAXES CAUSE PATES TO EXCEED AVERAGE THEN NEW WORLD PAYS EXCESS OR AGREE"E'IT IS TER-MINATED AND CITY REIMBURSED NEW ►'0RLD LEGAL EXPEIISES A'40 COURT COST INCURRED BY THIS ACTION. T i �� aliJy � t i �rir 4 ry11y li ; 14 l !: I f !1 F fi t d rft t � t � 5 I � _ lisu y L.JOr t L L V ii I - r' 1 'r r l r„ ! C A r t j 1 $l i )I I .• 6 r.f:AGE AND THE ANNUAL GROSS NON -..DOCKAGE RECEIPTfi OR SHE MINIMUM ANNUAL GUARANTEE, WHICHEVER IS GREATER., ADDITI0141ALLY THE CITY SHALL RECEIVE 25` OF ALL "CONCESSION RECEIPTS" RECEIVED 8Y NEW WORLD FROM CONCESSIONAIRES WHICH ARE NOT OWNED, OPERAM OR FINANCED BY NEW WORLD. AND THE CITY SHALL RECEIVE 10°01 OF ALL "NON -DOCKAGE RECEIPTS" RECEIVED I3Y NE:1 WORLD FROM NON —DOCKAGE REVENUES IN OTHER ENTERPRISES OPERATED OR FINANCED BY NEW WORLD, ON THE PRE"ISES. ALSO THE CITY SHALL RECEIVE TWO AND A HALF CENTS ($0.025) PER GALLON ON FUEL SOLD ON THE PRE',ISES. DOCKAGE RIDES TO 5E ASSESSED BY flEW WORLD AGAINST 11•1ARINA TE'IANTS AND USERS: ARE SU3'ECT TO APPROVAL BY THE CITY MANAGER AND SHALL BE CONSISTENT WITH OTHER ' �;RINAS OF CO'IPARA3LE QUALITY SITi;ATED ON PUBLIC LANDS WITHIN 50 MILE rADIUS OF NEW WORLD SHALL BE PER'ITTFU iLl REQUIRE TE:;i:'ITS TO PAY FOR U, ILITY SERb'ICES. DEFAULT: NEE',-.' WORLD SHALL HAVE 3C DAYS FROM WRITTEN NOTICE TO CURE OR PROCEED Df LIGENTLY TO CURE A''Y SUCH DEFAULT. s E r� F• r•. `v ..c., a ti 4 i t . y, r r M R r L 0 � Y� i ►: 4 t : 1 t . F Y, y� ! ! ! I y t { . i + 1 fi iI ` 1 ` j, I � F C(?NJ tSSION PROPERTIES ARE TAXED, CITY OR NN WORLD MAY 6EF1 AT CONCESS10NAIRES EXPENSE. fF FACILITY IS TAXED, NEW WORLD AND CITY SHALL DEFEND. IF FACILITY IS FINALLY JUDGED TO BE TAXAEILE FOP, REASONS OTHER ftV THAN THE t'AtlAGEi'EtlT AGREEVENT, TNE'v TAXES ARE SPREAD TO TEtdANTS, rs, IF FACILITY IS FINALLY JUDGED TO BE TAXABLE BtiAUSE OF THE g hiA'lij E"Eh�T AGREE.;E"!T THEN TAXES ARE SPREAD TO THE TE!;ANTS TO THE EXTLNT RATES DO NOT EXCEED THE AVERAGE IN OTHER NAPINAS OF SIMILAR QUALITY IN DADE COUN . IF TAXES CAUSE PATES TO EXCEED AVERAGE THEN NEW WORLD PAYS EXCESS OR AGREE'tE`.T IS TERtr1I SATED AND CITY REIt'BURSED fJE:v WORLD LEGAL EXPENSES AND COURT COST INCURRED BY THIS ACTION. >~ =i I- i 1l jfse,, tp�i k I I I5i tf� ! .+tt+ m H2 1' r ! x? 7 '� a s s f t S s rlk 'c.� t± s t'. t o ;-} F ( ✓ A �, S i! - 4f s 1 s r i 33rA ?? v 1' ra v f s r ii I i t 1{;''t' q :rt t f` 1 f � r! s .✓ G rt "k{ � a A d� a "F¢ it4 r 1 — f-i ! T } 1 3 f I br r 1- 1 i i i >_ 1 °It is f to 2 r4.ih2U, 4 I. ? + f i I. r r' 1 I r? If Y f3 ' f• r V 7 } f r"M1 inn �1 r ks 7 s d 4 it �Ilf t 1 4d;`� i i 4 tl f sut- 1 1 x F F I t f - f ?" I it k� ♦ e t` •• :'. i� y� i F it Ir} j�ltW, r0 LC)W>> i S r, Y' _ 1 1 S 1 tl f t i 1 i � { � 4 i t i r f. t f if .Es f .F11� 1 rat r�� Jr�trf,y �t tf. ix l� It -�It � t �k i Y $f ki �'gr{y fic f rks r �fi i � �slir: _ r� s I a t ° s ,i �. �} tc � i r. , 1 k r✓t d! i� .fib x+:. t iy: r f 4. i i ) t ; I�> t I r i t f 2 c t�,� t •' F r s { } i is x !' { c,k a s k9 I s r tr t �r7 [ 15 r+ � j+• � fit 4r r { � '1 ( ,.4i I t� 1 .,},� w,; s ;ti #i �,1 e kid r„ ��J i. ANAL )H t _ F } f I - f ! j REAL C ESTATE RESEARCH �t Ei ORPORATION lull Bfichrll X, rr� �'�il n)I Iltrntia 3i1!' tn5 37 4b71 1, �tanit•ti t lill�lt I. ,t , Ji tSy./ j a1 ' L 1 1 •i 11 • 3 i Jlr � t } 1 • 11 I IJtral]1. 1i:ttlal���r $ , L I S 4 i r �, S �� � k # t• if 3 t Y, � j .E F t, F I I I a I IN 1)a ttiit't1t ; l t L ` ti;) SW . ; t t`t,(! I;Ifit 3130 bear fir. Hitrri;t)n: 1n 1•t 1)l� Lt) �t,llr latter of April 21, we c ongrat.ulatt' >< Al tilt �t,ur :�uc'COSS ill 1 iic rt_�as i.11g the proposed ren L fc)r tilt' M i :lt!,:I) i 11a I. V 1 7 1 J80 1 E,RC ruc:()mme:n(_Ie(I all i Ili rt':I:;t' to 20':t, iJu , , cl1,t•k,11;t, 1 tlt'(no ivou l.d 1-)t., more i u I i nt, With tilt. tax i st i ilk" mai-ke t. Lhan t !1e 15 pn_,v iOLIS J 1' j)rUpusl!d . At yout' we 11aVP I'E'Viewed thu Proposed ill tilt! Il':l:i(' Il., r't'!".t'!lt h('Lta't`(?ll N('.VV linl-Id .'11arj.na, lilt:. U.tlli i.ht• (�i t�' t)t �I!Tlt:l! 'I'llt' t"la111;t' Wt)111d increase thc` j)t:rrCVIl ,apt' (,1 0(t'ic;l�;t' t It` Lt_) the Ci t`• from 10.5'•, to Iti'. (,! I h(' 't't:�'li)t:i '):l:a•) {li,t'ka40 .1ilt• ): ' Up L ) ;•150 000 f 2•t�tn 17'1. Lu :'tl , t, I ! ',r ::1't�Nti dui'':; n'fe I-o 1 1) L f rt)In S•130 000.01 t o $550 , 00() • '1'!lt_' It t t, o 1 '..''i.": . wuu' iapt) t() 1'k_t(.. i j)Ls t3\-er $550 , 000. 01 . Our sLll(1'; t1a:i basted oil d0culnellted evidence found 111 t)t Ilt'r titatiLbs and F1.ILta t•11.1es. %Ve- are cuill l)lutely i'ami1iar with thtl ►nurkt�t as I)!)tit`I'\'t tl :tliti 1't`t)tJt'it_'d iIl Olir �illtlt' 1980 I't'1)(tt't r1+ 1)t'I lt'\'t' lilu Ci t \' %%ill rt'su l L o C hest 1)r t,1)t,;;c'd C h:kllt;tr.: r:Itc cif rt'tl,rn burin; the iniLiaL lt-,,so , tern) Alld tll' rt't1tr1►:li I.)(. t• 1 t)(i --t slur •• i :1 I j ;Is t. he he rctI u i 1 t. ti s . r 1 I I ow .1 months\' root. tiisc•()unt t_(j C-ty resident.-;. It* yk)11 t1t't'ti :ltitji t it)r1:I1 information, pluase iid\•i.;''. Silice re I , REAL L's'!.�'1'X RE'S ;�t?'ir'll t'l ►1t1'Ult:1'1' F. 11i l�i't 11 41.1 1 Sut1 1 v 1• t t_' I?rt's Eve IN +.1k+18kkrs 441111KICA'S INsTITUlE Of REA1 FSIAII AVk'kAlAkRb + .. •)ft- 1 it, Lit I i f. y 1 i i i] 1 i r; J e, { 1 •t i i i• 1 1 I Vry { �' i t3 t 9 J S nt' V i tI .t't11 Y ,t,. c;<•+, i;e..t'�r ltl LC rpOratloii ,..,�3te .i1. ti*ot'te t'lat :'.site 1002 1110 13r .!ke' l 1 r:nue r 3131 ''uc:aF t1� reemen' is � �d ar Yt _Miami 1bt' .fin i seine:!t ;F• the UeaI j. ^triu i:, ' o s L^ aat•iie our telephone i conversation o:' "t ! 11,1y, rlt7ri1 0s i� tt•�: °vnInJ the ullprai.s«l conclusion of your fi r:r i e:;•�r� i i:Ei ' ::e E�rS��' c:Qn '.",ar,aget;c_at Akree'aent with New Worid pe ed "i:�::ir :`:i •� :," �ul� i7, '980, from your - firm (copy at*'a'il:c�` In the Ie .te:' S ks:, '':Sir was the 2eter: inta.nt in whether or not he agreeren' that the ",:::n ciockap�e re^elved by the City. j.2 tide :�:•J J:J dU:�kr.�t-�{� per• en.-il •'. ,'_:' _.",'cs : b, �c,e City were raised so that the pe: c: r' ;ra:» dock - .•t• er,t c::sr,...� u ttc �c :ret:t wo:. 20: then, .,j `_ale r,ity were near the ,e levees �:�r age .-.,.,,±:;r,; ' r aprreements reviewed, and the be WCU-' d New or:: %'at•ina, .tic's, Attorney has agreed to increase tlX percentage 01' •..], tO L50,'';�0.0J rN t:eip's from 10 5% to 180 on dockave incur:e 1:�1 moss ioc :,p •• ::e from 17 o to 20b on gross and aoc' :::c: S.,e percentage ; (copy of agreement atta,•`101 curt�ideruti,.•n ", tw e:. r 5' , _ n0. - t o 50,000.00 F? e • i ` .. e i 1� � n C Mr. William H. Harrison Lease Management City of Miami 65 S.W. 1st Street Miami, Florida 33130 Dear Mr. Harrison: This letter is to confirm our discussion Friday, July 11, 1980, concerning our conclusion on .the Management Agreement for The the Miamarina. I brought out at that meeting that wtj felt that main determinent in whether or not the agreement was fair was the percent of gross dockage received by the City. Ii1 our opinion, if the gross dockage percent charged by the City were raised so that the nercent of gross doc}cage received by the Citr were near the 2Un level, then this agreement would be comparable with the other agreements reviewed, and the Miaciarina Management Agreement would be fair. I hope this letter will clarify our conclusion. ia2t Ft i� r f� r t e ir� �y s t �rf�.. Si �ci .�• �'xv � � � vt ti t4 � • � t � rE � t ��� �p tlt l .�mt �'� sjA tab � �� � �t � i ,r L+i�a o '� •? i � � � 3 Y z 5 Fl, ,'S j4 k � 3.e Fo-t � �i rr r �z t,, Iti i � � }�ti t f� za; � � f a{• i o 2y.Fj 4 2� �N) 2 t. h r t t ay Y 7T 17! t fi i_ it ti � f 1 -121 d s r f E 7 z v4 v� q t r y5W a l�x�t}'�� Nt S+l { t y;P# 4q{x $.•. h�� sr # �r��L ,��i's'� P'�#Ytj '� �R - ����(t l•��I�jf_ Clllt FOLLG,VV f�i 1 S Ce ti.r�ca it r�I�V It.J IJ��.yL l:, r+ i a EP s Val .Dil t - r1YY"""'It er!i'f'• rI ��S. E u� iY 4,f I.stfr. i Y ,stl l el 1a N Y ,. lr ttL:.r?C,. r AND I HF-,G : X, LA 1 .i. t♦ t� t t , rp ` rF n,r '*•� ,..;'iL ,� •f t F; wi•K',�YA >Y t. ti. .t 1. J'�*.♦ !. t b n4 I f AIR { p MW­ I 1 S WENT t 11 { { r t ii �Y�IK �34 3�i�[ ti p'st�5 WIN r r k. itl�ai 31a, . i i rlP V t � , I' y :� . iY f�� l�l'� 1 i'� ANO t� S 3( l �.� T� AUDIT I�! !3 tw('! 41 !�t CH TO IlUD j.: l t.t.ti-�'DAll { 'FiF iz r„'` � Is }�r �5 Mif f � ✓ F Y '�t t> r.c,� � .£� tit, it•1 �1} r' t 5 t d c1�r 'ti s "y r � ? I ,v a {E � t { � y� R NON {y i? ?+ PJAITN.:VA !O N By 0.17 { aVA, {- a i 3 F �b 3 h } � }5t t�', i f j �' 2 } IF \� .� � 'Y { . [ E �}+ i Y { { i !• 7 SI � t iG - . . *�g lPIN t t t I r ,r ri t tr^ t +Gxt t n i is ♦T� a � � � � r k1 t� t � t. F v 3 { t- _ a � 1£ {a. � i 7• � �F F � L t F r ' .ti i a � 1 fi � f t � e S f f 3 } S Y 1 £ s s 1 _{ � t 'F t I � ➢ � 17 t �� x� fit � t � �� S I � ,2 {}I J . d ip ARRI25�i t Jr 7 l° x�' i e t-; OG ttt t tl t dtat� r tt x b rt a+ I tf bT SIrF .F t .a s r _ { 7 t 4 - Y S � s 5 F I t. f liF(t1 t MActXtUT Agkgf! -Wi THIS PANAGRME!'T AGREEMENT entered into this ----day of 1981, by and between the CITY OF MIA."il, a municipal corporation of the State of Florida, hereinafter referred to as CITY, and NEW WORLD M.a:,,NAS, INC., a corporation organized and existing under the laws of the State of Floridat hereinafter referred to as NEW WORLD, 1+ITNESSETH: VHMEAS, the CITY OF MIAXI constructed MIA.MARINA in 1570 far the public purpose of providing a small boat port and marina facility and a recreation area for the public; and WHEREAS, the CITY has operated MIAYJ%RINA for the public purpose of pro- viding a facility for marine transportation and public recreation; and h'HEfiEAS, the CITY recognizes that MIAu4RINA is now and shall continue to be operated for the public purpose of providing a recreational facility and port and marina transportation facility for the public, all of which are proper services for the allocation of public funds; and WHEREAS, the CITY is desirous of continuing to have MIAN.ARINA operated for these public purposes, and is desirous of enhancing the public use of these facilities, and is desirous of developing and existing facilities into a full service marina and port facility for the benefit of public marine transportation and the public in general, and is desirous of beautifying MIAYARINA'S existing facilities; and WHEREAS, the CITY Commission, after requesting the public for proposals to accomplish these goals nne reviewing the proposals submitted, adopted ?lotion M-7R-535 on July 23, 1978, autho-izing and directing the CITY Manager to t:egotiate a management contract Frith NEW WORLD MARINAS, ItiC., for the operation of MIAYARINA; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties herein covenant and agree as follows; ri TIVE V 0 CITY hereby agrees that NEW WOPtt) shall Manage said teal pf'dPetty +and improvements thereons hereinafter referred to as the Frc,nises4 described its tyhibit A and Exhibit t attached hereto and made a part hereof. 2. TERM The term of this agreement shall be for a four year period tOmmehtifig on the day of , 19"1 and ending on the day of NE4 WORLD shall have a preferential right and option to renew this agreement upon the same terms and conditions at the end of the initial tern for a four year period. The CITY shall rate NE`v WORLD on its management operation at least two (2) times per year at intervals no greater than six (6) months. Continuation of this management agreement shall be based on satisfactory ratings. The rating shall be based u;)on the non—structural condition of the docks and piles, and the maintenance and cleanliness of the grounds and facilities, the quality of service provided to the tenants, users, and boating public at large; and the financial abili'.y of NE14 WORLD to meet its financial obligations; as Well as full co-.rlinnce with all of the terms and conditions of ttiis agreement. It shall be the responsibility of the CITY of Miami for inspection and structural repairs o" cioc►:s and piles as necessary. WORLD shall be entitled to a copy of such rating and shall have an opportunity to request a re —rating within thirty (30) days of receipt of an unsatisf:+,:tory rating, which re —rating shall be made if requested. NEW WORLD shall ae entitled to its preferential right and option to renew if its ratings have been generally satisfactory during the term of this agreement. NEW WORLD s'a.1 give the CITY notice of its intent to exercise their option to renew th:: management agreement at least one hundred twenty (120) days prior to the cr::rati,3n of the management agreement. 3. USE F1.1- UnPLD as management agent for the CITY, shall operate and �+nage the fac". '.y during the term of this agreement. NE'4 1J�1P.! D shall manage the premises fv,- tfe purpose of operatic•.: a small boat port, marina, and recreation it;; offering dockage and other .,irina related services for the 4se p gr„ l,'Fr �.:.a p,� aeral public, These services may include; J' f . LG. VV or,) mvoriug of boats. 2 r a i J 711 t�fir^t ' � i 7t Et t j �r Up efatioti of the tpcteatiohal 'walkways to which the public Must be allowed full and free access, except wfiere boats are dockedo and operation of designated fishing areas, marine exhibits, and marine oriented attractions. Sale of bait, tackle and ice. Photographic services incidental to the boating public#s needs. General minor repairs and servicing of hoats while docked or moored in the water only. No boats or craft shall be removed from the water at the facility for repairs or maintenance. (This service shall be non-exclusive). Sale of new and used boats and motors. The display of which shall be limited to not more than five per cent of the slips, but may be increased with the approval of the City Manager. These slips occupied I y New World Marina shall be assessed a' the prevailing rate of similar situated boats and made a part of gross dockage receipts as defined in paragraph 4 of the agreement. Sale of nautical gifts, marine accessories, hardware and sundries. Closed circuit 7V master antenna system for the docks and moorings and a security service. Marina users shall be charged for actual use of hese services. Installation charges shall be borne pro-rata by users who benefit. Boat rentals other than sport fishing chartering. Facilities for marine shuttle and taxi service to serve Watson Island, downtown Miami and Dade County. Information Center and telephone, mail and messages services. Sale of fuel. - m. Shower and restroom facilities for the use of persons docking and mooring boats. n. Launch service for moored boats subject to City Manager's approval. All other related services and the concessionaires for the services in (f), (g), (i), and (1) shall be subject to the approval of the City Manager, Which shall not be unreasonably Withheld, and shall be deemed granted unless rejected within thirty (30) days of submission. Ilse and NLV WORLD agree that NE'.; in)RLD sha: i have the e;.:lusive right to provide the above rvices on the maaated oreaises, VE dist ►.. `� 3 FO L LC` u:T„ tht'dughout the periods of this Agreenent, NEW V ;;Lb does hereby covenant and agree to pay to the CITY from gross receipts a minimum annual guatant,t of $40,500.00 dollars, or the precentages specified below in Sections A, B, and C, whichever maybe greater. A. ;;.�." of the annual "gross dockage receipts", hereinafter defined as all income collected by NEW WORLD from dockage and moorings at the m,3naged premises, up to $450,000.00. a sp' of the "gross dockage receipts" betwee,,: $450,000,01 and $550,000.00. 22% of all annual "gross dockage receipts" over $550,000.01 received by NE'd WORLD from its management of the docks and moorings on the said premises. In addition, NEW WORLD shall pay to the CITY, the following: A. T1 o and a half cents ($0.025) per gallon of fuel sold by NEW WORLD or its concessionaires from the premises. B. 10` of all annual "gross non -dockage receipts" received by NEW WORLD from its own operations at the managed premises, which he d,.fined as income otl.ser than income from. dockage or moorings, income from the sale of fuel, or income from con- c2c,�?�r�ires which are not ovne,., operated or financed by NE'►: WORLD. �.c"', _�: WORLD not contract with A concessionaire for the sale of'boats and motors itself, any amount received by NEW WORLD from such sales shall be included in "gross non -dockage receipts" only to the extent of any net profit received by NEid WORLD from such sales. C. Not less than 25Z of all annual "gross concessionaire receipts", hereinafter defined as income collected by NEW WORLD from con- cession agreements with concessionaires not owned, operated or financed by NEW WOR!,D for concessions on the premises run by con- cessionaires independent of NEW WORLD and shall not in any wav be construed to mean that income included in the terms "gross dockage receipts" ..-r "gross non -dockage receipts" Tipglly :he followi-sg items shall be deducted from "gross dockage receipts", FOLLUW" 4 AIN or by a utility which bhall include charges for gas, water, electricity, telephone, sewage and waste, or a utility authority, which are the re. sponsibility of NE-; WORLD to collect or pay and are payable in the bane amounts to a taxing authority or a utility, as herein above defined, or a utility authority by NL14 WORLD and any amount received from collection thereof. The consideration shall be paid as follows: NE4 WORLD shall deliver on or before the 15th day of each month, beginning with the second nonth of this Agre,ment, continuing during the effective period thereof, and each and every month thereafter, at the office o: the Department of Finance of the CITY, or at such other place as may be designated thereafter by the CITY, one —twelfth (1/12) of the rrAnimum guarantee a:cnp with any amount due frck,-. the sale of gasoline and amount of consideration attributable to the "gross concessionaire receipts" and "gross non —dockage receipts" derived by \IE,: WC.RLD from the management of the premises during the month immediately preceding,. Along with said payment, N'Fv WORLD shall provide a state — meet, in certificate form signed by a duly authorized officer of NEW WORLD, setting forth the amounts of the "gross dockage receipts", "gross nen—dockage receipts", "gross concessionaire receipts". the quar►ttty of .fuel sales, and any additional detail as the hirector of Finance of the CITY may prescribe. Within thirty (30) days of this agreement NINI shall pay to the CITY such additional sums, if any, as may be necessary to provide the CITY with the balance of the consideration provided for under this Agreement. 5, PERMITS AIM I.TCENS£S NE'W %URLD ahaI _ obtain all permits and licenses necessary for the development and proposed operation and managecr_nt of MIAXA-RINA and CITY shall join in and use its best efforts to assist 'iereiia. b, CV`43 DAL SERVICES NEW WORLD shall furnish all maintenance supplier, for hnusekee-ping, end shall provide all cust,�dia! and janitorial services required to maintain the managed premises in a clean, sanitary and presentable condition durin TI` ,E Doc (i 1✓VI 1 V 5 FU L. L,' , . s t, C) Tenants and users shall be subject to approval by the CITY U.uiager or his designated representatives, said approval not to be unreasonably withheld, but shall be increased and to the same extent as any assess— ment of any new or additional sales, use, property, tourism or other tax which in any way affects the obligations of NEW WORLD or marine patrons. The dockage rates shall not exceed those charged at other marinas of comparable quality situated on public lands within a 50 mile radius of Yiamarina, however, the City Commission shall have the right to authorize the CITY Manager to assess dockage fees in excess of those charged at said comparable facilities. Additionally, NE WORLD shall be permitted to require marina tenants to pay for utility facilities and services, to meet the cost of the utility bills, provided such additional charges are approved by the C:;Y Manager, which approval shall not be unreasonably withheld. City taxpayer discounts shall be applied at the established rate. 10, PAYMENT OF 17ILITIES NFL WORLD shall be responsible for the payment of utilities controlled and utilized by It on the managed prew4 ses, yith the exception 6 , B F 1 r of Utilities used by the CITY bt patties tonttacting trith the CITY. The C Ti► will not provide telephone setviee for the managed ptetises& 11, MAINTENANCE During the term hereof, NEW WORLD shall, to the satisfaction of the CITY Manager of the CITY of Miami, operate the premises in good condition. The standard to be used shall be consistent with the operation of'a first class Marina and this Agreement. NEW WORLD shall provide normal and routine main- tenance of the facility, designed to keep the managed premises in a good state of renair, free from hazardous conditions and deterioration. NEW WORLD agrees to spend $15,000.00 in each twelve month period of this Agreement to provide routine maintenance to the managed premises. 12. Hl'RRICA E AND E*'ERGE` ("Y The CITY shall, during any emergency such as hurricane, flood, fire or any type of disaster, cooperate with NEW WORLD for the security of the managed premises. The CITY shall use its best efforts during an emergency to safeguard the said premises. 13. WATER TAXI A.ND TRA.M STATIONS In the event the CITY decides to provide or grant a franchise to provide a Tra= or People -mover System for the MIA.LkRINA area, the parties agree to establish a s.ation and roadway for access for said system on the premises, so long as the same does not unreasonably interfere with the operation of NEW WORLD under this Agreement. Any cost in adjusting, utilizing and insuring the site used to accommodate said system shall be borne by the CITY or its franchisee, as the case may be. In the event the CITY decides to provide or grant a franchise for water -borne transportation to and from the MIAMARINA area to other locations in the CITY, NEW WORLD agrees to provide free embarking and disembarking facilities for said water -born! transportation. Any cost adjusting, utilizing and insuring the site used to accommodate said system shall be borne by the CITY or its franchisee, as the case may be. Location of said facilities as described above are to be mutually agreed upon by the parties. No other free use of the managed premises shall be permitted unless approved by the CITY Manager in writing, as it relates to ` it,•rt.axi and Tram service, i t s {� r7. -7 I� �1'` I • � , i,, f 11 7 1 -:�(97 0 All fixtutes, fufni�hingsi futnitutet and equipments if atlYt ih dt upon the managed premises will be inventoried before occupancy by NEW WORI.bi and said Inventory will be attached hereto and made a part hereof within fourteen (14) days of the execution of this Agreement. NEW WORLD agrees that the fixtures, furnishings, furniture and equipment are in the condition as stated in the inventory; that NEW WORLD has personally inspected and assisted in the taking of said inventory; that NEW WORLD will maintain the fixtures, furnish::.ti.;, :.."::'.lure, and equipment, if any, during the term of this Agreement at its sole cost and expense; and that said property shall be dec—med in its sole custody and care. That in the event any of the aforementioned items are lost, stolen or damaged, they shall be replaced or repaired at the cost and expense of NEW WORLD, ordinary wear and tear excepted, during the terns of this Agreement. Upon the expiration of this Agreement, NEW WORLD shall quietly and peaceably redeliver said inventory to the CITY. 15, lam'-��"�vru' �� SERVICES This Management Agreement establishes NEW WORLD as the manager and operator of the managed premises, and subject to this Agreement, any person dealin^ w4.,0h WORL') shall have the right to rely fully on its power and authority to bind the premises with regard to the use and occupancy thereof, excertinp. however, NEW WORLD shall not have the authority to encumber real or except as provided in this Agreement. The parties hereto intend that NEW WORiJ shall be an independent contractor, and the employees and agents of N174 WORLD shall attain no rights or benefits under the Civil Service or Pension Ordinances of the CITY, nor any rights generally afforded classified or unclassified employees of the CITY, nor shall NEW WORLD or its employees be entitled to Florida Workmen's Compensation benefits as employees of the CITY. N eW WORLD sl►all have the sole control of the manner and means of performing this Agreement subject to Nt:' WORLD complying with the terms of this Agreement. Nt:►+ Wr)PI,D shall have full power and authority to take all actions to bring abr .t an efficient operation of the mtrina and to maintain it as a first class v+rina, except for actio►,s specifically prohibited in this Agtreem-.- and those prohibited by general law. NEW WORLD shall have the exclusive authority to hire and discharge all of its emplovees necessary for the operation of E. marina facility and to fix their compensation aad privileges, letter of credit conditioned upon the terms of this Agreertt in an amount of Clot less than Furty Thousand Five Hundred Dollars ($40,500.00) guaranteeing the performance of this Agreement. This bond or the irrevocable letter of credit shall remain in effect for the duration of this Agreement.. 17. OWNERSHIP OF IMPROVPMEA"rS All improvements, fixtures and equipment constructed or installed at the facility or purchased with CITY funds which may include revenue bonds shall be owned by the CITY. NEW WORLD shall have title to all personal property purchased with ?;bI1 WORLD'S funds. Upon the expiration or termination of this Agreement, title to the property, all permanent improvements, fixtures and equipment purchased with CITY funds shall be peacefully surrendered and delivered to the CITY. Title to and the right to move personal property shall remain vested with NEW WORLD, except such property and fixtures as may be attached to or on the marina facility which shall become the property of the CITY. 18. DAMAGE OR LOSS TO NEW WORLD'S PROPERTY NEW WORLD assumes all risk of damage or loss to its property for any cause whatsoever, which shall include. but not be restricted to, any damage or loss that may occur to its merchandise, goods, or equipment, covered under this Agreement, if lost, damaged or destroyed by fire, theft, rain, water or leaking of any pipes or waste water in or about said managed premises, or from hurricane or any act of God, or any act of negligence of any user of the facilities, or occupants of the managed premises, or any person whomsoever. 19. DESTRUCTION In the event the managed premises shall be destroyed or so damaged or injured by fire, hurricane, decay or any other casualty. during the life of this Agreement, whereby the managed premises shall be rendered untenable, then the CITY shall render said premises tenable by repairs within ninety (90) days. During any period of reconstruction any consideration made by NE74 WORLD to the CITY shall be reduced proportiohately to the time required to render the repairs. In the event the said premises are substantially destroyed or so damaged or Injured by fire, hurricane, decay, or any other casualty that the said premises cannot be rendered tenable or the CITY elects not to repair or replace within the ninety (90) day period of time so set forth, or such additional period of time as agreed to by NEW WORLD, then this Agreement shall be terminated at the �i 1V c1t.r 41\J 5 FOLLO_teyrr� 9 PI —'40 V shared by the CITY and NEW tib RLD as their interest may app 20. tNDE`NIFICATION OF THE CITY BY NEW WORLD NEW WORLD covenants and agrees that it shall indemnify and save harmless the CITY from and against any and all claims, suits, Actions, damages or causes of action arising during the term of this Agreement for any personal injury, loss of life, or damage to property sustained in or on the managed premises, by reason of or as a result of the NEI% WORLD'S management thereof, and from and against any orders,•judgments or decrees which may be entered thereon, and from and against all costs, attorney's fees expenses and liabili— ties incurred in and about the defense of any such claim and the investigation thereof, provid-d, however, that before NS, WORLD shall become liable for said cost, NE74 WORLD shall be given notice, in writing by the City Manager, that the sa=e are about to be incurred and shall have the option itself to make the necessary investigation and employ counsel of NEW WORLD'S own selection for the ne^Ps=a.r_a defense of any claims. The CITY may, at its option, retain its own counsel at its sole cost and expense, in addition to the provisions as hereinac,ovc set forth. 21. ADVERTISING N::W WORLD agrees to undertake an aggressive advertising program to inform the public of the availability and services of the marina, and CITY agrees to •s a its best efforts, through its Publicity Department and other department. -to assist NEW WORLD in promoting the public use and enhancement of the marinL. Further, NEW WORLD shall undertake, with the City Parks and Recreation Det::tmeent, to erect appropriate signs designed to assist and direct the public tc the marina and its services. NL►% WORLL agrees to work with area merchants and businesses to develop an integrated rc•,;r►ur, of auxiliary services, such as, hotel accLxnmoda t ions, car rentals, Hev ,jrant and laundry services for marine users. 22. DTFALTLT If 1,LW hOi;LD shall neglect or fail to perform or observe any of the terms, i�::vlsi.ns, conditions and covenants herein contained, for a perioL!t thirty (3U) days after the receipt by N04 WORLD or Written notice ccc'�N �t' t li_71 ,,— 10 tote City Manager of such neglect or failure, NLW WORLD shall be considered td be It, default. At the CITY'S option, and without further notice or demand to NEW WORLD, may enter into possession for the managed premises and all Improvements and property thereon. In the event of default, NEW WORLD shall forfeit its performance bond as provided for in paragraph number 16. 23. Rtn.ES AND REGULATIONS NEV WORLD agrees to provide rules and regulation .ubject to the approval of the City Manager for the conduct of vessel owners and others using the managed property. Such rules shall be furnished to each and every user, tenant, or concessionaire and shall be prominently displayed in the Dock Master's office. Approval of such rules and regulations shall be obtained from the City Manager or his designee, which approval shall not be unreasonably withheld. 24. TAXES The parties agree that the management and operation of the Managed Premises and those operations convenient or necessary therefore are public purpose %IIJ therefore, no ad valorem taxes should be assessed by the Dade County Tax Appraiser. If, however, taxes are assessed by said property appraiser, the parties agree: A. Assessment upon or against concession properties. In the event that the property tax appraiser assesses tares upon or against such portion or por:iots of Vile lands subject to this management Agreement as are in control ui ;�u«,.;oaaionaires, or upon which concessionaires are situated, in the performance of any concession agreement hereunder, the parties agree that at the reques' if and at the expense of any such concessionaires, the parties may defend against Such assessment on behalf of such concessionaires. The extent of such de:'ense by the parties shall be as reasonably requested by such concessionaires,! rovided further, however, that at all times the parties - have first determined that the said concessionaires requesting such defense or requesting the joiner of such defense will fully and completely pay the costs and expenbes cf such defense as may be incurred by the parties or either of them, including :curt costs and reasonable attorney's fees incurred by the parties or either of them in such defense and provided further that the said concess nAires requeating such a contest of assessment fully and completely indemnify and save the parties jointly and separately harmless from any and all charges or indebtedness resulting from the conduct of such ... FOLLOW).. agteethents entered into between NEW WORLD and its concessionaires "shall through appropriate language incorporate the terns and conditions of this covenant. $• Assessments against the marina property. In the event taxes ate assessed against the Premises upon which docks, piers. moorings, and any other ptjper•ties devoted to marina use and upon which the marina is located, as well as all improvements thereto, both real or personal, as well as pro- perties upon which the marina administrative facilities are located, the parties hereby agree as follows: r',t;i parties agree to cooperate fully With each other to contest and defend against said assessment. Said contest and defense shall, at the option of N F, WORLD or the CITY, be conducted at the administrative level, i.e., before the tax appraiser, the tax appraisenent adjustment board, or any successor organization, and before the Courts to such extent and to such level as NEW WORLD or the CITY shall determine. 2. The costs and expenses including reasonable attorney's fees which are incurred by the parties, as well as such taxes which have been assessed or paid during the course of the litigation contesting said taxes, shall be included as an increase in the dockage rates, as more fully referred to in paragraph 9 of this Agreement. 3. If final adjudicatory action, i.e., the final order of the highest tribunal before which the property assessment issue has been submitted for administrative or judicial results in a determination that such assessment is lawful and that the taxes are due and such determination is based upon reasons other than the existence of this Yanagement Agreement, then, it is agreed that all real property taxes, county, school board, and municipal, shall be included as an increase in the dockage rates as set forth in paragraph 9. 4. In the event the final adjudicatory action declares the assess - went lawful and the taxes to be due and payable solely due to the existence of this Management Agreement, then it is agreed that the amount of said taxes shall be included as an increase in the makeup of the dockage rates. as set forth in paragraph 9 provided, however, that the effect of such inclusion does no, -&use dockaf.-: rates to exceed the average rates charged for dockage •nd mourings of all other marinas of similar quality on public lands situated within mile radius of ltiamarina in Dade County. In the event the effect of ouch taxes tc. increase the rates beyond such limitation, then, the CITY " I PP R T I11E 12 Lrt �~' w i t �t h J_ i S NN WORLD by reimbursing NEW WORLD' S legal expenses and court costs incurred ib this section, or NEW WORLD, at its option, tray absorb the tax liability over the average dock rate. 5. The economic effect of such property taxes shall be computed annual];- and made a part of the dockage rate with such adjustment as tray be requited to conform to the terms of this Agreement. 25. LAWSUITS — RENT STRIKES If and in the event a lawsuit is brought by any party against the NEh' WORLD and/or the CITY, which in substance arises out of the signing of this Agrec--ent, then the parties agree to mutually defend said lawsuit. If said lawsuit results in a temporary delay of NEW WORLD'S management, this Agreement s!iall be extended by the a_-nount of time caused by the delay. If and in the event that there is a tenant strike or a sinilar strike or refusal to pay rent or lawsuit of any type or nature in which rental payments are placed in any escrow account or in any court fund, NEW WORLD shall be relieved of its obligation to pay the percentage requirement and minimum annual guaranty in Section 4 hereof until such sums are released to and/or obtained by NEV WORLD. This provision shall not permit a reduction in the amount of con-;ideration required to be paid, but only a temporary delay of the required payment. 26. FAFYING The CITY agrees to provide as a minimum 44 spaces of exclusive parking for NEW WC,!,: D' S utilization, as set out in Exhibit C attached hereto and made a part hereof. NEW WORLD shall not charge a parking fee. 27, CONSTRUCTION NEW WORLD shall make no addition, alteration, or adjustment to the managed premises, or shall not apply for construction permits of any kind without first having obtained the written consent of the City Manager of the CITY, which shall not be unreasonably withheld. All requests shall be in writing and shall include plans and specifications pertaining thereto. All permits must be received from the appropriate governmental agencies prior to undertaking any repairs, alterations, a&" tions or improvements. All permai:u:.t, elterati.,,.s, improvements or repairs made or installed by NEW WORLD shall become the property of the CITY upon the expiration of this Management Agreement. "SUPPORTIVE 13 DOCUMENTS addresses! All notices and payments shall be sent to the partlag at the f611ba1't19 The CITY M&NAGER f Miami. Florida 33133 NEW WORLD New World Marinas, Inc. All notices under this Agreement must be in writing and shall be deemec to bervLd when delivered to the address of the addressee and a receipt tueieiur obtained. 29. CONFLICT OF INTEREST stockholders, directors, employees of NEW WORLD, or members of their families, shrill have any interest in any business which supplies NEW WORLD with goods or serlices in connection with dockage without advice to and consent of the City ManaE•sr. but said individuals may have an interest in marine exhibits located at the managed premises. It is understood and agreed that NEW WOP1.D'S attorney, THOMAS R. POST, Esquire, is also a stockholder of NEW WORLD and t!.,t he, his firm, may. in addition to receiving any profits or dividends d.,r'44-ed. oe compensated at his regular rate as an operating expense, deducted from dockage revenues, in connection with any of N EG WORLD'S needs or riEh—, and obligations arising out of or in connection with the provisions of •A.ts Agreement. NE'►+ WORLD agrees not to transfer. assign, or sell any Corper•.: Eck to any principal or stockholder of any other corporation re- 3 � i 14 �, r t�UL'q-ti NEW WORLD shall maintain in full force and effect during the teft of this Agreement the following insurance: A. Public Liability Insurance in the amounts of not less than $1,000,000.00 per occurrence for death or bodily injury or not less than $100,000.00 per occurrence for property damage. Automobile Liability Insurance covering all owned, non -owned, and hired licensed vehicles in the amounts of not less than $100,000.00 per accident and $300,000.00 per occurrence for bodily injury and $10,000.00 property damage. The CITY shall be named as an additional insured under the policies of insurance required under this Agreement. The CITY shall be given at least thirty (30) days advance written notice of cancellation of said policies or any material modifications thereof. Certificates of insurance shall be filed with the Finance Department, Risk Management Division of the CITY or Miami. The insurance coverage required shall include those classi- fications as listed in standard liability insurance manuals, which most nearly reflect the operations of NEB.' WORLD. 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 "10" as to financial strength, all in accordance with A.M. BEST'S KEY RATING GUIDE, latest edition. The CITY and NEW WORLD reserve the right to amend the insurance requirements as circumstances dictate in order to protect the interest of the CITY in this Agreement. NEW WORLD shall,furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate NEW WORLD has obtained insurance in the type, amount, and classifications as required for strict compliance with this covenant. 15 FOQLLOW�y B -.1:TL NEW WORLD shall manage and operate the CITY'S Watsdh Island Matfitia docking facilities set forth in Exhibit "B", as part of this Management Agreement, on an interim basis pending the development of Watson Island. No further capital investment should be made at this facility in accomplishing said management of premises. If the facility is found to be uninsurable by NEW WORLD, then NEW WORLD may request that the CITY Commission close this facility. Dockage revenues from this facility are to be considered as "Gross dockage revenues" included in and made a part of paragraph 4 of this Agreement entitled "Consideration Schedule". 32. TI! E OF ESSENCE Time for the occurrence of performance of each and every event herein shall be of the essence unless otherwise indicated. 33. ATTORNEYS' FEES AND COSTS In the event that it is deemed necessary for either party to file a lawsuit in th.! appropriate court of law in order to enforce any of the terms or provisions cf this Agreement, then the prevailing party shall be entitled to reasonable attorneys' fees and costs, including those incurred in appeals. 34. i:IZE.' 73 AUDIT RECORDS NE.: WORLD shall maintain books and records in sufficient detail to u,u-:t ai.:.:t;,:aL:e accounting practices. Said books and records shall be accebsibte to the CITY at reasonable times, on three (3) days notice to NEW WORLD. NEW WRLD grants to the CITY the right and authority to audit all records, dccuments, and books pertaining to the management operation at the Miamarina. 35. REVISIIA:, DUE TO BOND ORDINANCF. Th,.- ,-arties agree that this Agreement shall be revised to the extent necessary, in :he opinion of underwriters for the CITY, of its revenue bonds, to reflect provisions In the Bond Ordinance as may be necessary or desirable to make the revenue : nds marketable. In no event shall the provisions respecting the alLOunt of t' a,snagement fee payable to NEW WORLD be changed. 36. 1TY r1XISF. "'hiF "aR-e.,Nment Agreement may not be assigned by NEV WORLD without priLD' er"rov-,: of the City Manager, Any assignment, transfer or conveyance of rf.t.,_k ' parties who are not stockholders as of the da-to of this Agreement 11Q I i i,- 7 r. r^, i- S s e- 16 Ah AAAignment subject to the restriction contained herein shall not include bn assignment to the personal representative of a deceased stockholder or to said stockholder's estate or heir. Provided, however, that a subsequent transfer, assignment or conveyance from the stockholder's estate or heir to a third party who is not a stockholder as of the date of this Agreement shall require such approval. Also excluded from the operation of the restrictions of this clause shall be assignments, transfers or conveyances between and amongst persons who are stockholders as of the date of this Agreement or members of t�efr '=,.f family. 37, REPRESENTA':ION BY CITY CITY warrants and represents that it has full power and authority to enter into this Management Agreement under the Constitution and Laws of the State of Florida and Ordinances and Resolutions of Dade County and City of Miami, and that all conditions and things required by the Constitution and Laws of the State of Florida, Dade County and the City of Miami to happen, exist and be performed precedent to the signing of this Management Agreement have happened, exist and have been performed as so required. 38. CAPTIONS i'ne captions contained in this Agreement are inserted only as a matter of coivenience and for reference and in no way define, limit or prescribe the scope cf this Agreement of the intent of any provision thereof. 39. FNTTRF ATIFF%r'�'T The provisions of this Agreement constitute the entire contract between the parties and no prior agreements or representations shall be binding upon any of ttie parties unless incorporated in this Agreement. No modification, release, di,c:.arge, or waiver of any of the provisions hereof shall be of force and effect uG1:F3 in writing and signed by both parties. IN WITNES.' WHEREOF, the parties herein have executed this Agreement the day and year first above written. ATTEST: CIT1 CIZK APPROLIA. -%., TO FORM AA'D CORREC". 'ESS:-1I 1, fI u . 17 CITY OF MIAMI, FLORIDA. a municipal corporation By CITY M+.AKAGER NEW WORLD MARINAS, INC., a F1 corporat By Yht�sl��:r.i ICE (SEA:.) %V- L0r�1�� 1 . E- 11 96 AT MINIMUM CtiMMetice at the intersection of the southerly right-of-vay line of "N. C. 6 STREET" with the wenterly right-of-way lino of "DISCAYN8 BOULEVARD". Said intersection being also the northeast corner of Block 61 N of A. L. KNOWI,TON'S MAP OF MIAMI", as recorded in Plat Book "B" at Page 41 of the Purl is Records of Dace County, Florida; thence along the easterly extension of the southerly right- of-way line of said N.E. 6 Street N 88o 06' 18" is 962.6 feet to its intersection with the northerly extension of Lhe westerly face of the basewall of a mezzanine walkway. Said intersection being 373.5 feet westerly from the intersection of Lhe last described course with the "DADE COUIMY BULRILEAD LINE" as recorded in Plat Dook 74 at Page 18 of the Public Records of Dade County, Florida; thence along said northerly extension S 10 143' 02" E 100.0 feet.to the point of intersection with the southerly right-of-way lino of "PORT BOULEVARD", as recorded in-O.R. 6811 Page 240 - F.aSClnent from City of Mta.ni to Dade County, said point of intersection tieing also the point of beginning of the hereinafter described leased area. Thence along said northerly extension and along the face of snid basewall which is parallel with and 16.7 feet westerly of tl',e fnce of the exiting westerly bulkhead of Miamarina 'Basin S to 43' 02" is 631.0 feet to the beginning of a curvy concave to tho northeast having n radius of 156.63 feet; thence al.ong said cui-vo southerly and southeasterly 180.4 feet through a central Angle of 65n 59' 40,, to the end of said curve; thence continue along the face of said tasewall S 670 42' 42" E 338.7 feet; thence S 117" 43' 32" r.. 34.7 Cact to its intersection with a line parallel t,iLh and 11.0 Ccet Southeasterly of t1le face of the existing roLirhe.isterly voncl-ete+ Uit xhibiL A-1 OL.It- UrV r4y in 1 F {. I bulkhdad of M amarina basin; thdhdt along said parallel N 24d 59' 38" C 116.4 feet to an angle point in the bottom or tho pteps of the Miamarina Restaurant; thence continue along tho bottom of said oteps which are quasi -parallel with and 15 feet Northeant-- erly from the face of the southeasterly concrete bulkhead of 14lamarina D.asin 11 2° 511' 48" E 73.3 feet, thence continue along said bottom of ste s p , quasi -parallel with and 15 feet southeasterly along said bottom of steps, and along its easterly extension qunsi- parallel with and 15 feet southerly S 870 05' 02" E 61.0 feet to its intersection with the face of the basewall of the dumpster and maintenance building of said "MIAMA111?1A RESTAURANT". Thence along the face of said basewall which is quasi -parallel with and 111 feet from the face of the existing southeasterly concrete bulkhead of Miamarina Dasin N 25" 23' 48" E 69.3 feet to the most northerly cornea of said building; thence along the northeasterly face of said building S 64° 36' 12" E 36.0 feet to its intersection with a line 50.0 feet parallel with and southeasterly of the face of the existing southeasterly bulkhead of Miamarina Basin; thence along said parallel line 11 250 23, 48" E 439.2 feet to its intersection with the southeasterly face of the most northeasterly planting; bed of Said Miamarina; thence along said southeasterly face S 870 06' 12" E 33.4 feet to its intersection witli the northeast- erly face of the most northeastf_:­ly wall of said Miamarina. Said wall being also 5 feet southwesterly of and p ni•allel with the most northeasterly face of concrete bulkhead of Miamarina, thence along said face of wall S 420 06' 12" E 91.0 feet to. an angle point of said wall; thence continue along said Wall 5 feet northwenterly of and parallel with the most southeasterly face of concrete bulkhead of Miamarina facing Discayne Day, 8 25° 23' 110" W 713.0 feet to its Intersection with the most ooutherly face of concrete bulkhead of 111amarina facia Biscayne Da 1 rPL;R_t r}Xg also 65 feet C Y Y; said/Q�i.� ,��s E� northwesterly of and parallel with the said "Dade County Dull head Line"; thence along said southerly bulkhead S 87' 06' 12" E 32.5.feet 2 — FOLLcJ`N" `iibit A-2 ;y intersection with a line 35 feet northeasterly of nod parallel With said most northeasterly bulkhead; thence along paid parallel line N 112' 061 12" W 170.2 feet to its intersection with a line 100 feet northeasterly of and parallel with the center line of the moot northeasterly pier, (Pier A or 1); thence along naid parallel line td 6110 3111 22" W 500.6 feet more or less to ito intersection with the easterly extension of the right-of-way line of said, "POnT BOULEVARD"; thence along said extension and along said right-of-way line which is quasi -parallel with and 3.0 feet Southerly of the race of the existing northerly bulkhead of Miamarina basin S 800 06, 10" W 390.7 feet to the point of beiinning. 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