HomeMy WebLinkAboutR-81-0286AL
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RESOLUTION NO.
A RESOLUTTON AUTHORIZING THE CITY MANAGER,
SUBJECT TO AC(?i'IRING RIEOUTSITE 1117RMITS AND
STATE APPROVAL, TO ENTER TNTO A LEASE AGREEMENT
WITH BAYSHORF PROI'L•'RTTF.S, INC., IN SUBSTANTIALLY
THE FORM ATTACHED HIERFT0, FOR THE REDEVELOPMENT
AND LEASE OF CITY WATERFRONT PROPi:RTY ('01111MONLY
KNOWN AS THE COCONUT GROVI: MARINA (BELLY
PROPERTY), IN ACCORDANCE WITH THE. 'GERMS AND
CONDITIONS SET FORTH IN SATD AGRF.IEMIENT.
WHEREAS, the City of Miami has advertised for and `
received development proposals by bld invitation for the
lease of the Coconut Grove Marina (Kelly Property); and
WHEREAS, the City desires redevelopment and utilization
of this parcel in general accord with the ])inner Key Master
Plan; and
WHEREAS, the redevelopment proposal. presented by Bayshore
Properties, Inc. is in the best interest of the public; and
WHEREAS, the redevelopment proposal is related to water-
front activities of a commercial or recreational nature; and
WHEREAS, the (:ity Commission, by Resolution 76-749,
authorized the City ?tanager to commence negotiations with
Bayshore Properties, Inc. for the lease and redevelopment of
the property commonly known as the Coconut Grove Marina (Kelly
Property) ; and
WHEREAS, the City Commission, by Resolution No. 80-585,
on July 24, 1980, expressed its interest to enter into an
agreement with Bayshore Properties, Inc. for the redevelop-
ment and lease of this parcel, subject to adequate financing
being secured and two appraisals being received indicating
the City is receiving a fair rate of return;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1'. The City Manager is hereby authorized, subject
tc) acquiring requisite permits and state approval, to enter
nto a Lease Agreement with Bayshore Properties, Inc., in
ITEM �� U . 3 CITY COMMISSION
�, I ! ���r"-� VE R��CI!'ifNG OF
11t ;I r I I . C PR 9 i
As the Coconut Grove Marina (Kelly Property), in accord-
ance with the terms and conditions set forth in said
agreement.
PASSED AND ADOPTED THIS 9TH DAY OF APRIL, 1981.
ATTEST:
RALPA G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
't '/ I <&�z ;-4,tf
-`_�---- G
oBERT F. CLERK
ASSTSTANT CITY ATTORNEY
ED AS TO FORM AND CORRECTNESS:
F. KNOX,
ATTORNEY
'I ,lF 4,�11M1. . I_3R10A
'v
19 iN EP-OFFICE MtM'CORANOUM
Richard L, r csmoen 1Iarch 13, 1981 E
City Manager
-�Ba3*shore Properties p Inc.
Proposed Lease Zor
Coconut Grove Marina
4EFERE14CES
=R- Carlos Garcia
Acting, Directo
Department of Finan
It is recommended that the Cit,V Comm-
ission approve the attached lease
agreement between the City of Miami and
Bayshcre Properties, Inc., for the
development of the Coconut Grove
Marina prorerty located at 2550 South
P_ay3hore Drive.
The proncsed lease agreement includes the following:
• Term of twenty-six. years.
• Development of the site to include shops, restaurants, and a mar'.ia at a cost
of not less than ?2,000,000.
• A public waterfront boardwalk..
• A tram service to be provided between parking sites and the property.
• Parking site improvements :of rot less than `400,000.
• Construction security bond of �750,000.
• Mirinum arrual consideration of ''E6,144 for the first year of operation;
t100,000 for the second year of operation; '-120,000 for the third ;ear of
operation.; '�130,G7\) 'cr the fourth year of operation; and %150,000 per year
for the remair.ir.r, term of the lease.
OR
F� per annum on ?ross receirts up to one million dollars and 10'j per annum on
Sross receipts in excess )f one millicn dollars
,.!!ICf'F� •' IS tIREATFP.. PLUS
• 15� of all dockage rental and •-G.025 per gallon of fuel sold.
• Marina rates to be comparable with the Dinner Key market.
• Performance bond for the term of the agreement.
• Payshcre Prcperties, !no. to provide full insurance.
• Payshore Properties, Inc. to pr(:vide full interior and exterior maintenance.
• Bayshore Properties, Inc. to pay all taxes.
This agreement has been reviewed and approved in concept and principle by the
City of miarri '-1aerfront Hoard.
"SUP POT7IVE
i
I
"SUPPORTIVE
DC C Us N)
FOLLOW
"SUPPOPTIVE
DOCUf, ENT,'�
ii FOLLOW"
WHEREAS, the redevelopment proposal as presented by the
Company, is in the best interest of the public; and
WHEREAS, the redevelopment proposal is related to
waterfront activities of a com.lercial or recreational nature;
and
WHEREAS, the City Commission in Motion 'No. 76-660
requested the City Manager to negotiate with nayshore Properties,
Inc. for development of Coconut Grove tsarina properties
located at 2550 South Bayshore Drive and submit a recommendation
to the City Commission for its consideration.
11011, THEREFORE, in consideration of the premises and
"UPPO'Ti�'f=
D O W
FOLLOW"
1
iIdt!tic clothing sales;
►
Marine fttrniture sales In inCdetitai
tnanufactUrinc�;
Boat tours;
86
Pishing area;
9.
Sporting goods store;
10.
Anti(ILIC store;
11,
Art �;all,Dries and book store Ten to
tlae general public;
Bakery;
13,
Bicycle sales and repair;
14.
Penn%. arcade;
15.
China and crockery;
1�.
Confectionery or ice cream store;
17.
Cl�thin��;
19.
Photographic sales;
19.
C;i ft sho;�;
20.
hobby shop;
21.
,7ecrelry and watch sales, repair and service;
22.
feather goods - sales and incidental
assembly and repair;
23.
Lounges;
24,
hews stand or sundry;
25.
%larb•_r Shop, beaut; parlor, and shoe
ooli:3hina stand:
3 1.,
„n j� rel a te�� or
.11 l ied
�_ s(s tt�
the
above
i f •ir;pro%'
t1W ianalier
--
which
cipp:oval
rlay
not be
unreasortabiy
----,.
"SUPP0" T�!�F
3 p0C 1,1r-P!
FOLL0VC
( f;
1
bISCP,IP'CMPl +7F F'itE`1L I,I;5: The City hereby leases unto
i
the Company for the purpose anti under the conditions hereinafter
set forth, the following real property and lay bottom 1.111ris
(hereinafter referred to as the "Property located on Biscayne
Bay, City of Miarli, Dade County, Florida, legally described as
fellows:
( ACCORDING TO IsXfi IL3 ET A ATTACHED imprTO AND
MADE A PART HEREOF)
.?. TfiMM, The term of this Lease 1lgreerrent shall commence
off the day of , 1081, and shall end on the
�lst dray of May, 2007.
3. IISE OF PROPL'RTY: The Company will develop, manage,
and pro(n<-)te the property to prospective tenants in such a manner
that will offer the Essential Services (as hereinafter defined)
required and encourage public enjoyment, use, and participation
SO as to make- the project financially feasiblF� to both the
Cornpany <1nd the City, as well as to reach the objectives of
the Dinner Ivey I1astcr Plan.
The Company covenants and agrees to provide each and every
Essential Service as required in its use of the Property, as
hereinafter listed/ if allowed by law; and subject to the issuance
a c. !rtificatc, of use and occupancy with City zoning approval.
The Essential Services ::ill be provided during the entire term of
this lease (subject to interruption for reasonable periods if due —
to a loss of a tenant or concessionaire providing Essential Ser-
vices) unless and until tho Company files a request in writing for
permission to discontinue a use or service and the reasons there-
for and said permission is granted by the City Manager. The City
Manager .shall only penriit discontinuance of an Essential Service
or use is he or she finds that it is no longer essential and that
the (I ;continuance cif said Essential Service(s) or use is in
tho gre,.tter interest of the public.
Fssential .13orvices required ill the use of the Property; —
A restaurant;
r, A refreshment stand;
A marina, including .3n adequate nuinher of spaces for
transient vessels; "SUPPORTIVE
_ UL,/Cti�
FOL
-
t
MAY be prdVided
Yopert
OL LOW" jr
,.� •�-, service;
ti
:,.
iianne clothing sales;
G.
'11arine furniture sales and
incidental tnanufaCturing;
7.
Boat tours;
8.
I'isiling area;
9.
Sporting goods store;
10,
Antique store;
11.
Art 311cries and book store open to the general public;
12.
Bakery;
13.
3ieycle sales and repzir;
14.
Penny arcade;
15.
China and croc};ery;
1h.
Confectionery or ice cream store;
17.
Clothing;
13.
Photographic sales;
19.
Gift shoe;
20.
Hobby shop;
21.
Jowelry and watch sales,
repair and service;
22.
Leather noo:]o — sales and
incidental assembly and repair;
23.
Lounges;
24.
News stand or sundry;
25.
shah, beauty parlor,
and shoe polishing stand;
26.
`.ravel anti ticket agency;
27.
ai1ma1: r;
28,
farts and crafts;
Off ice ror manayement and
rental of the Property;
30,
tlarinn fuel numps;
31•
I'm, relate d car allied uses
to the above if, ar roved
by
t} o City ilanager whichapproval
ray not be unreasonably,
"SUPPCRTf��F
DOC'' M I TS
FOLLOW" - y � � � �
not penmlt:toll, +-hi:, W111 not suhst,lnti,lll;• 11t4r t-110 rL2171aining
overall pr.ojl!<_t., and a boarciwall, wt-uli? :,till bor"101- the bayrront.
The devr)lop1(lt_11t .11 t0,111:; ()l Lho Company I•lll:;t oomplct-,iont the overall
tyesiyn and p1,1I1I iml 4)1 1 114 ' ("W(Al11L t;I.OV0 I)11111(2r i)�• area. Any
waiver by Lh(! ('j 1 f' III 1 lip• i-xo •tit it)1) I)1 my part of the proposed
171an.'3 sll,:411 IVA. In! (7O;):;111111d It) l)t! ,1 w.1jV0j- 01. .111y other hart
of Stich hl,m, 1'„n111,111y t li.it no structure of any kind
r1oW t Kx Still(j 011 t_114! 1J1-4'1111:;f'!; :41.11 1 hO ,11tOrOd or any new
0 t11t,'l.tttO t�tOCtUcl u(mn the htopettl
unless the (sl'6hs thete=
t t t;ltatl havn been .apptoved by the
City Manactor and the
't -'deer of the Bui.ldinc-r Inspection
De partrieut. of the Cite
�a))prov�il shall not be unrersonably
withheld or delayed.
-)mposite Exhibit "B" attached
Hereto describes the plans
-apecif:ic,ztions turnished in the
Company's proposal. It is
� 0teed that the inprovomrnts to the
Property, as described in
llar.agrnph 1, and to be made by the Company,
I
will r.equirc the
expenditure of tiot less than ';'too Million
($2, 000, 000.00) Dollars
( the "Triprovoment F:.Pendi Lure") . This,
sui;i does not include tilt:
expendi'-nirc for improvements to the
panting site as described in
Paragr--iph 11, s-iid sun, which is not
to be less than Four Hundred
Thousand ($400,000.00) Dollars (the
"Parking Site Expenditure"),
which Parking Site Expenditure is to
be in addition to trite In-
provenorit E:-:,penediture. The Company
will St.hnit copies of paid
invoices corresponding to the Improvement
Expenditure and the
Parking Site Exr,-2nditiire in accordance
with Paragraph 15.
The City agrees, t:ithin ninety
(90) days after the ex-
ecution of this lease, to provide adequate water and sanitary
sewage lines to the property line in accordance with normal
City services. The Company shall lave the responsibility of
ensuring and providing for adequaf- � electrical power, gas, and
telephone service to the property. The Company shall provide
the required ornamental landscaping and lighting, all in
accordance ..;ith the redevelopment plan.
The :;oarr?walk, as proposed in the Company's proposal docu-
ment (Composite Exhibit 111311 ), shall be constructed in. accordance
with the de 5 ign standards set forth in the Dinner t;ey Recreation
Center Exhibition hall "faster Plan and shall he constructed by
the Compan, The public shall have free and unobstructed use
of the hoarcdwall; as a passageway. Said ho.arc11a1al}, shall be com-
pleted prior to the issuance of a certificate of occupancy for
thhe proposed project.
7, Tlie Companyagrees to have final plans
Propar.ecd which will comply with all pertinent provisions of
the South t'lor.icda Buildinq Code and the ordinancos, rules
"SUPPORTIVE
5i�,il_IV ! S
FC i I OW
!%1 tt (:t►tt0 Ot-rictetl ut)nn the Vt^Opottl unless the pl•6hs there
ll havo br_en approved by the City ;tannont and thr_
tliticctor ofthe 13uildina Inspection 'Department: of the City,
which apprnvrml. shall not be unreasonably withhold or delayed.
c*or►p()site Fxhihit "B" attached hereto describes the pl'mns
—= t
acid specifications furnished in the Company's proposal. It is
.101-ced that the inpr.ovements to the Property, as described in
Paragraph 1, and to be made by the Company, will require the
e. uendi t-ure of not less than Two Million ($2 , 000, 000. 00) Dollars
( the "Tmprovoment E:.ponditure") . This sum does not include the
expenditure for improvements to the parking site as described in
Paragr.zph 11, 3,1 id sun, which is not to be le:; s than Four Hundred
Thousand ($400,000.00) Dollars (the "Parking Site Expenditure"),
which Parking Site 1::cpenditure is to be in addition to the In-
provenent �,:;;�enclttur.e. The Comr_any will suhmi.t copies of Maid
invoices corresponding to the Improvement E.xpendliture and the
Parking Site 1:::pondit►lr-i in accordance with Paragraph 15.
The City agrees, within ninety (90) days after the ex-
ecution of this lease, to provide adeyuatt� water and sanitary
sewage lines to the property line in accordance with normal
City services. The Company shall lave the responsibility of
ensuring and providing for ade-qua+- � electrical power, gas, and
telephone service to the property. The Company shall provide
the required ornamental landscaping and lighting, all in
accordance with the redevelopment plan.
The lhoarr?walk, as proposed in the Company's proposal docu-
ment (Composite Exhibit "1311) , shall he constructed in. accordance
with the tie , idn standards set forth in the Dinner Ivey Recreation
Center ExhilAtlon hall `faster Plan and shall he constructed by
the Company. The cat►hl.ic shall have free and unobstructed use
of the boanAwalk as .a passagewa, Said boardwalk shall be con-
pleted pr. for to thO issuance of a certificate of occupancy for
the proposed project.
7. Ille Company agrees to have final plans
propar.ed which will comply with all pertinent provisions of
tia12 ;;out:h Flori(ja Btiilcling Code and the ordinances, rifles
"SUPPORTIVE
5 V I V S
:. F 1! I ! OW."
s
In
its sole cost and expense all t-,rmits, approvals, and related
documents from any and all Federal, State, and local governments
and agencies requiring them for the construction, or construction
of .any new docking or upland Company facilities. The Company
shall apply for and obtain all permits or approvals necessary
to commence construction, dredging, and/or filling on the Prop-
erty.
8. CONSTRUCTION SECURITY BOND:
The Company shall, prior
to the ccmmenccment of construction or the awarding of any
contract for construction on tale Property by the Company or
any agent of the company, furnish the City with a Statutory
Pa,,ment and Performance Bond (the "Construction Bond"), in
the amount of Seven I:.nired Fifty 'Thousand ($750,000.00)
Dollars, naming the C" ty as the owner and the Company as
the principal. The conditions of the Construction Bond shall
be to insure that the Company will: (1) promptly make payment
to all claimants, as defined in Section 255.05 (1) Florida
Statutes, suppling the principal with labor, materials, or
supplies, used directly or indirectly by the principal in the
prosecution of the :pork provided for in the Agreement; (2) pay
the owner all losses, damages, expenses, costs, and attorney's
fees, Lncludinq .appellate proceedings, that the owner sustains
because of a default by the principal under the Agreement,
and; (3) performs the guarantee of all laorks and materials
furnished under the AtIr.eement for the time specified in the
Agreement. The Construction Bond may be terminated, with
the written approval of the City Manager of the City, at such
t4-me a!i the proposed construction project is completed and��} �
"S U i� I :_J R T I V E
V Fkil(_..` V VV
folly operational and open to the public, and satisfactory
atiidence is provided by the Company to the City [tanager, that
all requirements of the Construction Bond have been satis=
factorily concluded. The form of the Construction Bond
shall be as approved by the City Pinance Department, Risk
Management Division, in accordance with the requirements of
Chapter 255, Florida Statutes, and ?Miami City Code �j18.57.
g.
LICENSES:
The Company agrees
to
obtain and
pay
for all
required
licenses necessary for
the
proposed
operation
and conduct of its business, and agrees to comply with all
laws governing the responsibility of an employer with respect
to persons employed by the Company. It will be the responsi-
bility of the Company to obtain the necessary liquor licenses
to permit the sale of alcoholic beverages as permitted by this
Agreement. The Company may sell all alcoholic beverages
incidental to the restaurant but only beer and wine sales
will be permitted from the refreshment stands and convenience
food store. All alcoholic beverages sold in accordance with
the provisions of this Agreement shall he sold in accordance
with applicable State Beverage Regulations.
10. TAXES: During the term hereof, the Company covenants
and agrees to pay all taxes of whatsoever nature lawfully
levied or assessed against the Property and improvements,
property, sales, rents or operations thereon, including, but
not limited to, ad valorem taxes. Payment thereof shall
commence with and shall include taxes assessed for the
current year, subject to proration as of the year of commence-
ment of the term, if any there shall be. The Company further
covenants and agrees to pay all of the said ta.nes, if any,
lawfully assessed, on such dates as they become due and
payable. The failure of: the Company to pay the taxes as
aforesaid shall constitute grounds for the irunediate cancel-
lation of this Lease Agreeinont by the City, subject to the
terms and conditions of Paragraph 18.
11, PARKING; The Company shall meet the lawful off-street
"SUPPORTIVE
D 0 C U'1'.t.1 E f�l T '�
FOLLOW
C.
J
Pack hi requirements for the usr of the Property seVetallyp
or in donjanction with any other property it leases for use
from the Cit. . The City shall - rovide one -)r Bore sites for
said off-street parking. The Company will develop and con-
struct the parking on such sites at its expense and according
to the Standard specifications of the City. All parking so deg=
velopod shall be used in common with the publLcbut shall count
for required off-street parking of Company. (See Exhibit "C"
attached Hereto). The Company shall provide a tram service
during normal hours, of operation from the par}:ing sites to
the subject Property, which service shall run a minimum of
twelve (12) timc'_s daily from the ;parking sites to the Property.
The tram service shall be provided at the sole cost and expense
of the Company, its agents or assigns. The Company shall indem-
irify the City in the operation of said tram service as provided
in paragraph 23 and shall provide the City with adequate insur-
ance covera(3e, which is usual and customary to cover an exposure
of this tree for the tram service, subject to the approval of the
Denart.ment of Finance, Risk t]anagement Division.
12. FOR VIA'17ER TAXI OR TPAIII STA'.ION In the event
the Cit•v decic:es to provide or grant a franchise to provide
a tram or pcopio mover system for the Dinner Key area, the
Company agrees to perrlit the City to establish a station and
roadway for access for said system on the Property so long
as the sane Jcos riot unreasonably interfere with the operations
of the Company or its tenants under this lease. Any costs in
adjusting the site 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 subject to approval by
the Company odhich the Company shall not unreasonably withhold
or deli.'.
13,
• M1J/111i1(II A111111a1 (itlZrariti?t'r"1 ^erltal;
As consideration
for the leaser of the said property, the Company shall pay to the
City the groaLor. of; (1) the tiiniinum Annual Cuarantood Rent cis
)1e rein.att_�r 1 ! ii1ed; or (2) Percentago Rental as hereinafter r-
de f ined.
':'he Minimum Annual Cuaraiiteod Rent shall ire uayable
"SU PPORTIVEDUGU IVI Ni"S
DOCUMENTS FOLLOW"
+►_
ag follows (a) beginning on the earlier of the Following two
dates, vi-.: (i) twenty=four (24) months sifter the execution of
this agreement, or (ii) the date on which ninety (90%) per
Cent of the rentable floor space in the Project is occupied
by tenants paying rent, Eighty Six Thousand One Hundred Forty
Four ($86,144.00) Dollars, per annUM; (b) beginning thirty six _
(36) months after the execution of this agreement, One Hundred
Thousand ($100,000.00) Dollars; (c) beginning forty eight (48)
months after the execution of this agreement, one ftundrcci —
Twenty 'Thousand ($120,000.00) Dollars per annum; (d) beginning
sixty (60) months after the execution of this .agreement, One
Hundred Thirty Thousand ($130,000.00) Dollars her annum; and
(e) beginning seventy two (72) months after the execution of
this agreement and through the duration of this agreement,
One Hundred Fifty Thousand ($150, 000. 00) Dollars her annum.
The Company shall pay on a monthly basis one -twelfth (1/12th)
of the Minimum Annual Guaranteed Rental on the first day of
each month in advance.
II. Percentage Rental: As an alternative amount of
consideration in lieu of the Minimum Annual Guaranteed Rental,
the Company shall pay the Percentage Rent 1 based on the
following formulae throughout the entire +:rm of this agreement:
accrued, from all business conducted on the Property by Company,
including but not limited to, the rental of space, the sale of
food and beverage, goods and services, or from any source what-
soever, but excluding receipts Cron .ocka(3e and gas sales.
Gross sales and/or gross receipts shall only includo rove-
nues anJ/or percentages of revenues c;oll,2cted or accrued by the
Company, and shall be computed on the basis of gross receipts by
the Cord:any only. (It shall not be computed on the basis of gross
receipts of tenants, lessees, or subl(2ssc:es of the Company (fuel
sales excepted). However, any sales taxes imposed b,✓ law which
are separately stated to and and paid by the purchaser or user,
and are :lirectly payable to a taxing authority by the Company,
shall ue ex.cluded from dross receints. Gross sales and/or gross
receipts shall also include any revenues, accrued or
collected, attributable to any direct or indirect participation
by the Cc;mpany c)r any of its officers or principals in the busi-
nuns or ornterp.-ise of another entity, person or tenant of the
property besid -2s the Co►;ipany per se, to the extent that such par-
ticipation entitles Company, its officers or principals to receive
remuneration; an,_1 further provided that such otter ::usiness or
enterprise is done on or "in connection with" the Property pro-
vided, hoo.ever, that the term "in connection with" shall not
include revenues which result merely from the physical adjacency
of location or merely from joint promotional effort and advertising.
'lho Company shall include in every remittance to the City,
of the monthly consideration -is required, the applicable amount
of: State of FIr)rida sales and use tax.
hC Company cov(.nant:3 an_1 agrees th,it goods an:l sorvicus
offered and sold on the subject property by the Company, its
tenants, 1,2ssee or :;ublusseu, :,hall be regularly au,(i tod, during
noroal business hours and in a manlier in accc�r;lanco with Para—
graph lb, the Cite, ana that the full amount o - o-- �`ceii�ts
RTIVE
o
10
EQLLUNP)
i
attlribatable to the subject property shall not in -any way be
diVerted to any other business or enterprise.
III,. Special Percentage Rental ()n Fuel Sales and Dockacje!
In additions as separate and additional consideration due the City,
not included in the hereinabove Percentage Rental, or the Ninimum
Annual Guaranteed Rentah, the Company shall also pay to the City
on the first clay of each month, throughout the term of this agree-
ment the following:
TWo and a half cents ($0.025) per gallon of
fuel sold by the Company or its subtenant from the
Property in the prior month, and fifteen (15v) per
cent of gross receipts which are collected by the
Company from dockage rental and dry storage of
boats at the Property in the prior month.
Company is aware that there are certain dockage agreements
presently in existence between the Lessor and boat owners for
the use of dockage and ;boring facilities at the existing
marina. City will take necessary steps to terminate all of
these dockage agreements by 1081. However,
if it is necessary to commence legal proceedings to obtain
F:.
possession or if individual agreements cannot be terminated
by that time, Company agrees to wait until City obtains
possession of that individual berth in said dockage facilities;
Company shall not be responsible for dockage rental on that
individual clocking or berthing space until such individual
berthing space is actually given it. The percentage of gross
receipts of dockage rental shall be paid only on those berths
actually in control by the Company, after termination of
owner/City lockage agreement (including all legal proceedings),
14. PERFO!?MANCE' BONDS: The Company shall post a performance
bond in the anount of Ten Thousand ($10,000.00) Dollars with the
C.it,within thirty (30 ) consecutive calendar days after the ex-
eeuti(-)n of this Aljreemi2nt to :stand as security for the performance
of the Company's obligations hereunder. Said performance bond
s)aall be posted in cash or is;sucd by a surety company authorizoci
"SUPPO'NTIVE
DOCUMENTS
FOLLOW"
1
to d6 business in the State of r lorida .and shall be refundable
at the termination of this Agreement if all terns and conditions
of this A(Iroement have l)F-,en satisfied, If the perfornance bond
is on an annual c,ovr_rage basis, (certified (�vif enc ( renewal
for each succeeti ttiq year r;hal 1 be submi t- tec3 to the Department
Of Einanc:e, Risk N anarjemcnt Division, thirt , (30) days prior
to the Lormination d ato of the (existing perfori,.iance bond.
15, ACC0U14'1 ]:,IG : The Company shall report all "Cross
Receipts" or Gross Sales on or before the 25th Jay of each
month beginninq at the completion of the first month after
they execution of this Lease. Each and every month thereafter,
reports shall be made at the office of the Department of
Finance of the city, or at such other place or places as may
bo clesi(jnate:i hereafter by the City. The Company shall provide
a statement in certificate form signed by a �Iuly authorized
officer of the Company, setting forth in such detail as it
might i)e necessary or considered necessary .:?y the Director
of Finance of the City to determine the Gross Sales per month
for the Pr.o,)erty. An additional detailed report of Gross
Sales for the .rear in conjunction with the payment of the
Annual Percentagt.� rent shall he submitted at the end of the
lease year for the purpose of computing the Annual Percentage
Rental.
The Company shall submit quarterly reports comciencing within
thirty (30) days after the first quarter of the Lease Agreement,
and continuing during the effective period thereof, and each and
every quarter thereafter, identifying expenditures on the part of
the Cc ripany for making improvements to the Property, equipment
*:urchas(:s .:anti ii,lprovenonts and expenditures related to improving
the facility's .imun.ities and services of the Property. Such
e;)ort::, Sh;211 continue during the tern of this lease, in order
to provido propor licco unting In accordance with Paragraphs 15 and
19 of t_hi:; 16, IVVKS, ?tctiRD3, ACCOUNTS AIND
The Company
t rum', icc;uratoo, and complote books, rcc:ords, and
��ccouiits >i- all :;ales, rental:3, and business k)eing transacted
upon tlir. ;>rc pej tl , 1'Urther,
t.ho Company shall, upon demand make
it S I r..... , ,1
DO f ,i E FITS F"'
00"k
leases, agreements, reports
and financial Stat(2metits ill any way pertaining to the Proputty
to authori::ed representatives of the Division of Internal
Audit, )r such other authorized reprr,scnL•.itive as Lhe City
Hanager of the City shall designate at the Property during
normal business hours. The Internal Auditing Dcpartmetit of
the Cit,,, shall he Curnished any and all records of the Core
parry necessary to make a full and complete audit of the boo;cs
and operations of the facilities described in this Lease Agree=
gent.
In addition the Company will provide the City with copies
of all sales ta:c records from any and all business conducted
on the Property.
17. F,XiMII:NATIO N OE' THE PREMISES CsY THE CITY: The Company
agrees to permit th(_� City, by its City tlanager's designated
personnel, to enter upon the Property at any tine for any purpose
the City 'tanager of the City deems necessary or incidental to or
connected with the performance of City's duties and obligations
hereunder or in the exercise Df its rights or functions.
1r,. )t;i',AUI_. If the Comipany abandons or vacates the
Propi..rLy prior to the expiration of the term here(?,-, or
If the Cram jany fails to make the rental payments as set
forth herein and saki payment is not ,made within thirty (30)
days aft!:r written notice is given to the Company, or
If the Cot.ipany fails to perforri in accordance with any of
the other terms and conditions herein contained, and such de-
fault is not cure) within thirty (30) days after written notice
is gi.von to the Company or if the nature of the default is such
that the Company cannot reasonably cure same within said period
.inci the Company fails to take (iil igent measures to commence
anti inirstie tile_' dire thereof, there th,! City may re-onter the
Property .in -I torninate this 1-2ase in any manner then permitted
or prov ide l by At such time, all improvements erected on
the {'roi)orty ,hall revert to the City.
To a,lclition to the right to re-onter anti t-erminato the l.e.ise,
the city, in case of .i breach in tlt,e payment of rent or in case
of tho broach of any ether of: the Company's obligations hereunder,
wr _
1.3
it'lidl )MV0 all other reioediesj including but not linited to the
1` tW11t to opetate the facility anci collect rents dircct>,+ iron
r` tOhtlnts or ether rei;iedies afforded by the laws of the State of
P lorida, including but not limited to, tit, right to ;;ue for and
collect rent, and to bring distress proceedings. Said rem dies
may be pursued concurrently or consecutively and the resort to
one shall not be considered an election.
l9. '1()'1"ICr'S: All notices and rental payments shall be sent
= to the parties at the following addresses:
10 TIME, C1'2Y: The City "Tanager.
':ham City of Miami, Florida
P. n. Box 33070n
Miami, Florida 33133
TO THE CV1PANY: Bayshore Properties, Inc.
;ionty Trainer, President
2562 South Bayshore Drive
Miami, Florida 33133
The City or the Company may change slich mailing addresses at
any time upon diving the other party written notice. All notices
under this Lease Agreement must be in cariting and shall be deemed
to be served when delivered to the address of the addressee.
20. ATT(' R +F'iS ' FEES: In the event that it is deemed necessary
for either party to file .a lavisuit in the appropriate court of
law in order to enforce any f the terms or provisions of this
Lease A,.Ircement, then the prevailing party shall be entitled to
reasonable attorneys' fees.
21. 1'J1"-)U1:A:7CE: The Company shall maintain during the term of
this Agreement the following insurance:
a) Public Liability, including Products Liability, Insur-
anee in the 1MOUntS of not less than $1,000,000 per occurrence for
death or bodily injury and not less than $50,000 per occurrence for
property dar►aje.
b) A atandard Fire, Lightning, and . indstorm Insuranct-� policy
on the pre►ni:;es and all furniture, fixtures, equipment, and i;nprovo-
meats, inc:ludinq the porits of fire, extended coverage, and othoi-
per ls,
for the cash
value thereof.
<)
Automobile
Liability
Insurance covering all owned, non-
(imiced, wd hired vehicles in amounts of not less than $100,000 ;per
c;e�.dunt and "300, 000 per occurrence of bodily injury .and $10, 000 1
i r� t", r^ •,l
14 D
F L L "v"V
W
0
t�ropcYty dariac�ea
it d) Liability Insurance covering the operation of the tram
service between the designated harking sites and the Property which
is considered adequate at the time of the inception of the operation
of the service and meets the approval of the Department of Finance,
Risk Management Division.
e) The City shall be named as an additional insured under
the policies of insurance as required by this Agreement.
f) The City shall be given at least thirty (30) days advance
written notice of cancellation of said policies or any naterial modi-
fications thereof.
g) Certificates of insurance shall be filed with the Finance
Department, Risk tanagement Division, of the City of Miami.
h) The insurance coverage required shall include those classi-
fications as listed in standard liability insurance manuals which most
nearly reflect the operations of the Company.
i) All insurance policies shall be issued by companies author-
ized to do business under the laws of the State of Florida and must
be rated at least "A" as to management and Class "V as to financial
strength, all in accordance with A. M. Best's Key Rating Guide,
latest edition.
j) The City reserves the right to amend the insurance require
ments according to usual and customary standards in the Insurance
Industry as circumstances dictate in order to protect the interest
of the City in this hease Agreement.
k) The Company shall furnish certificates of insurance to
the City prior to the commencement of operations, which certificates
shall clearly indicate the Company 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
Departmont of Finance, Risk Management Division.
1) 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 policy, the
insurance company will not deny liability by the use of a
Oefense based on governmental immunity", "SUPPONTI'V C
Dr , I; ; ►_ N I S
15 FOLLOW"
Abi
2r tNDUhNtFtCATION The Company covenants -and aoJttees
that it shall indemnify and save Harmless the City from and
against any and all claims, suits, actiono, Manages or causes
of action arising during the term of this Lease Agreement for
any personal injury, by reason of or as a result of the Company's
occupancy thereof, and from and against any orders, judgments or
decrees, which may be entered thereon, and from and against all
costs, attorneys' fees, expenses, and liabilities incurred in and
about the defense of such claim and the investigation thereof,
Provided, however, that before the Company shall become liable
for said cost, the Company shall he given notice in writing that
the same are about to be incurred and shall have the option itself
to make the necessary investigation and employ counsel of the
Company's own selection for the necessary defense of any claims.
The City may, at its option, retain its own counsel at its sole
cost and oxpense in addition to the provisions hereinabove set forth.
24. nAftAGE ')R LOSS TO CUIPA-Y' S PROPERTY: The Company assumes
all risk of dariage or loss to the Property for any cause whatsoever,
which shall include, but not be restricted to, any damage or loss
that may occur to merchandise, goods, equipment, or other property
covered under the Lease Agreement, if lost, darnayed or d stroyed
by fire, theft, rain, water or leaking of any pipes or w-ste water
in or about said Property or from hurricane or any act of God, or
any act of negligence of any user of the facilities, or occupants
of the Property or any person whomsoever.
25. DESTRUCTION OF PROPERTY: The Companv agrees to keep all
improvements on the Property insured to the full insurable value
thereof and shall provide to the City a standard fire insurance
policy insuring against loss or destruction for all of the perils
of fire, extended coverage and malicious vandalism. Subject to
the rirlhts- of. the Company':; t:irst m0rt+3•_t0 lender, in the event
of loss or destruction due to any causo whatsoever, all insurance
monies shall be payable to the City, to be held by it until the
Company furnishes a bond to the city opt: construction or repair,
as the ease may be, of like tenor and o fect and under the same
conditions -As the bond hereinbefore required in thy. ase at the
�'f--�`?TIVE
t_) i i- U i
16 Dl.,ju.,it_N is
ihitial redovelopneht. Upon the furnishinrl of- such bond, the
City shall promptly pay to the Company all insurance proceeds.
3
it is provided, however, that :should the cost of repairs not
eXceed the rum of $25,000 than the City shall pay over to the
Company, without the necr_ssity of any bond, the amount of in-
surance policies thereafter collected by the City. ""he Company
shall furnish to the City duplicate originals of all insurance
policies required under this Lease Agreement. The insurance
policy required hereunder shall be approved by the City as to
form, amount, and insurer or insurers, and shall provide that
all proceeds shall be payable to the City as provided in the
Lease Agreement. All construction and repairs shall be effected
as promptly as circumstances permi_t.
Plans for reconstruction or repairs shall he submitted to and
approved by the City, and permits therefor and inspection fees shall
be procured and paid for by the Company. If within one hundred
eight;, (180) days after any such destruction or damage, the Company
fails to furnish said plans and bond to the City, then all insurance
monies collected by the City shall be and become the property of the
City and this Lease Agreement shall be cancelled and terminated auto-
matically. Nlotwithstan ling the other provisions in this Paragraph
25, tenant shall have t;ie right to elect not to restore the damaged
leasehold to its predamaged condition, in which event this lease
shall terminate and the Company shall receive only those proceeds
of insurance paid as to those items which under Paragraph 34, would
belong to Company at the termination of the lease other than by de-
fault.
25. RUILDINC MAINITENAINCE: The Company accepts the building
and grounds in their present condition and without any warranty by
the City as to their condition. The Company, at its sole cost and
expense, shall maintain the grounds and the interior and exterior
of the: buildings. The Company agrees to provide adequate janitorial
services. The Company further agrees to maintain the buildings
and property in a condition of proper cleanliness, orderliness, and
state of attractive appearance at all times. If the buildings and
Property are not %.c:pt reasonably clean and attractive in appearance,
"SUPPOPTIVP
reimburse the City within thirty (30) clays for said cost and charges.
26. UTILI'.IES: The Company shall pay for all utilities consumed
an the Property as well as connection charges thereof and waste
Collection fees, if any. The Company further agrees to place all
utilities required by its use of the leased Property underground.
27. PURE FOOD AND SANITARY LAWS: The Company shall abide by all
pure food and sanitary laws and the employees involved in the hand
ling or sale of any food or beverage shall all possess health certi-
ficates. All food and beverage sold shall be of the highest grade
and duality standards as established by law.
28. CONFORtIITY TO THE LAW: The Company covenants to comply
with all laws, ordinances, regulations, and orders of Federal,
State, County and Ilunicipal authorities pertaining to the
Property and operation thereon.
29. DOCKAGE RATES: Inasmuch as there are boat owners
docking at the existing marina, the Company does hereby covenant
i.nd agree to allow these boat owners to retain their dock space
until given a sixty (60) day notice to vacate by the Company.
The Company shall give the incumbent boat owner the right of
first refusal in signing an agreement for marine dockage use,
said agreement to be at rates and terms to be decided by the
Company. The Company agrees to maintain the dock rates at a
level not to exceed those charged by comparable marinas in
the Dinner Key Area providing like services. The Company shall
inform the incumbent boat owners, in writing, no less than
fifteen (15) nays after this Agreement is executed, of the Com-
pany rules and regulations including dock rates payable to the
Company. For the purpose of this agreement, an incumbent boat
owner shall be defined as an individual, group, or corporation
owning a boat, which is clocked at the marina known as the Dinner
Key Annex. Additionally, to be considered an incumbent boat
owner, the boat owners must be registered with the City of tliami
D 0 C, U
FOLLC'.vv
Dock Piaster on the (into the acjt'(--Ierieht r, sicjnadl thd the dity
agrees to furnish the Company with a full and cotbletc list of
incumbent boat owners.
30, OF I.,EASEr OLD zrrTrrzE:smt The 0017.1r),-Iny May pledge
this Icase.hold Lnterest as security for a bona file loan or
industrial (lovelopme_nt bands ( tourist industry) provided the
quality of the assignee or fledge is approved by the City
tSanaocr which approval may not he unreasonably aithheld. This
section shall under no circumstances be c.onstrlie l to recillire
the City tee participate in the financing or the proposed
redevelopncnt ll' ntnve mtent:5. Tho City shall full' roorerate
with the Company in rusf)ect to tho reasonable r.equircments
of. Company's lender.
31. AND SUnLETTIrI(i OF PREMISES OR TRANSTIFIZ OF STOCK:
The Coml)Uny shall riot at any timuduring the term of this Lease
Agreement assign thi:3 Lease Agre'emQ.nt or any portion or hart thereof,
except and by virtue of t•.ritten authorization granted by the City
Manaoer f)f the City. S::id authorization shall not be unreasonably
withhol,l or ;Ielayod. This clause shall riot apply to sub -leasing
spsr_e to tenants of the Company.
w The Company is a corporation authorized to do business in the
State of Plorida, and agrees that it will riot transfer any stock
!.._i.! O in thu corr,oration or change managers subsequent to entering into
c-:
this Agreement or during the term of this Agreement until such
�.f�. �-D O transfer or change is approved by the City Manager of the City,
LL
'/1 n �:ihich approvalshall riot: be unreasonably withhold.
32. +3I:'.IDP.'! i e1rr The terms an.1 !)rovlslons of the
Lease Agreement shall, subject to the provisions of Paragraphs 17
and 23, be binding .in.? inure to the hehnefit of t}hq successors
and of the City arld the C:olnpany.
33. [7!VEt-ITO11,Y: All fixtlirus, furnishings, furniture, and
et-p.4ipment, if. any, I.n oc upon the Proporty and their condition
-rill b., invontoric ci hofor.e occupancy by the Com?zany. The Com-
pany will ;r•_hintain fi:ctures, furnishings, Curniture and equip-
ment; if :arly, irI goodand operable con(lition during the term of
the o Agrooment at its sole oust and expense, in:i that said
! � 6
Property shall bo doemed in its sole custody and Cato& th the
tVeht any of the aforementioned items are lost, stolen, or
damaged, they shall be replaced or repaired at the cost and
expense of the Company, ordinary wear and tear excepted, during
the term of this Agreement. The Company may acquire any ad-
ditional Eixturest furnishings, furniture, or equipment that
the Company deems necessary for the operation of the Property
at the Company's own expense, consistent with the purposes
for which the Property is leased.
34. MNERISHIP c)F JIJPJZOVT-I'MENTS: All improvements, furnish-
ings and equipment constructed or installed on the Property
by the Company shall be personal property and Company shall
have legal title thereto (luring the term of this Lease. Upon
the expiration or termination of this Lease, title to all
permanent improvements constructed on the premises shall vest
in the City. Title to all supplies, furnishings, inventories,
removable fixtures and removable equipment and other personal
property shall remain vested with the Comnany and the Company
shall have the right to remove, such items from the premises
unless the Company is in default hereunder.
35. E,: P I R T I CN At the expiration of the term of this
Lease Agreement or at its prior termination, all permanent im-
provements placed on the property by the Company sl-.11 be and
become the property of the City and the Company shall quietly
and peaceably deliver the same to the City.
36. ENTJJ'E AGREEMENT: A waiver of the breach of any of
the covenants of this Lease Agreement shall not be construed to
be a waiver of any other covenant or any succeeding'breach.
The provisions of this Lease Agreement contain the entire
understanding of the parties hereto concerning the subject matter
hereof. kjo modifications, release, discharge or waiver of any
of the provisions, hereof shall be of any force and effect unless
signed in writing by the City Manager of the City.
37. CAPTIONS: The captions contained in this Lease Agree-
i,,ient are inserted only as a matter of convenience and for ref -
crence and in no way define,
limit or prescribe the scope of
I
IRMVE
�J I
20 D
F
�l
GEORGE F. KNOX, JR. -
CITY ATTORNEY - -'
.4 f ,
n
0
to,
Crib,2(1 hroporty known, and designated as:
Lots 20, 2.1, 22 and 23 (less the Southwesterly 25
foet of said Lot 23 ) Block 43, of. SAMUEL RHODES
PLAT OF NEW BLSCAYNF, acrording to Hie )plat there -
off, as recorded in Plat Book B of Pago 16, of the
Public Records of Dade County, Florida.
Also included in this lease are the following described Bay
Ilottom lands in Biscayne Bay, Dade County, Florida, to -wit:
Commence at the northerly corner of Lot 20, Block
43, of the Amended Plat of NEW BISCAY:IE as record-
ed in Plat hook B, at Page 16, of the Public Records
of Dad_ County, Florida; thence run south 40° 23'
32" cast .Meng the northeasterly line of: said Lot
20 .lnvl its southoasterly }.r.olon,iat ion ther,2of for
a distance O� 601.46 feet, more or less, to a
point ofintersection with the Da(3e C(-)unty Bulkhead
Ling (U.S. Harbor Line) as recor(b�d in Plat Book: 74,
at Pao.:� 35, of the Public Records of Dade Cotinty,
Florid,a, said point: being the Point of Beg inning of
the llerei.nafter tles� ribe�. parcel of submerg_-d land;
) thence continued s(rith 401 23' 32" east along the
sotit'�e,isterly prolongation of the northeasterly line
of sai(. Lot 20 for 3 distance of 270.00 feet to a
point; thence run south 40° 33' 29" west ft�r a dis-
tan:�� t�f. 1r�7.00 feet, snore or les:;, to a ,point of
int_r -ection with th(2 south,�ast,arly prolon,ation of
the :;��ut:h,;est��rly line of: t'ie nor.t} e, sto ly 1/2 of
Lr)t 23, i;loc': 43, of: said. Arient.e,i Pl,it of New
Bi. ,'lynx'; thence run north 4, 23' 32" :Jest along
tht� soutile.tst_r.ly prolongation of the southwesterly
1 ir.n of t.ho r orthoa ;terly 1/2 of said Lot 23 for a
iist.-incrn )f :83.73 more or less, to a point
of intersection with said Dada Count:; iulkhead Line;
t-.h(�nce run north 21° 41' 51" oast. along ,aid Dade
Count:: ;3u]khc�nd line (U.S. rtnrhor Line) `or a dis-
t.anor, of 1�3.1. 40 feet, more or less, to U.S. Harbor
Line Point: ':o. 74; thence ruri north 4(1° 33' 29" east
'ilonq said D-ide County Bulkhead Line for a distance
of 3.97 feet, more or less, to the Point of Begin-
ninq; :;aid p<irc,21 contains 0.8738 acres, snore or
(N lm—al:Lort map of the area to bo leased by tho ,c rY" to tile
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S[TBJT CT SITE PT.•AN
EXHIBIT A-1
"sUpoop- IVE
I \ 11
t lay .3
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WATWolfberg, Alvarez &Taracido
Archliecture /Engineering / Planning / Injorioir Design
9400 South D&cMl" Blvd. Suds 100
Fts.
40
I
0
RD-
0
I
BAYSHORE BOAT SHED 90 60 30
PARK & PARKING
I-
L .011bit 1j'
4V
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cam• '- �.--�. =' -_: �0h� .,--•.
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\•Y �y �`��1�_ � :�, the p,���y�',.—' ,�„ .rt11 Di. ���� �
It 4
W A 1 Wolfberg, Alvarez &Taracido
Architecture i Engineering / PlanniN / Interior Design
9400 South D40*1 d Blvd. Sums 100
Miami, Fta.
Ts)
BAYSHORE BOAT SHED 90 GO 30
PARK 8 PARKING ,1lli•I T 1' I
t
l
"SUPPORTIVE
W A T Wolfberg, Alvarez BTaracido BAYSHORE BOAT SHED
Archlleclur• /Engineering / Dlanrunq / Interim Design PARK & PARKING
9400 SaAh Dadaland tihrd. Surf• 100
MIarN, Fla. �X�l l l t r -
too
v
270 180 90
Richard Fosmoen
City Manager
Carlos Garcia, Acting Director
Finance Department
March 31, 1981
Appraisals of Coconut Grove Marina
(Proposed Lease to Bayshore Properties)
By
Resolution No. 80-584, on July 24, 1980, the City Commission award
edCcontracts
to F. Robert Ouinlivan, h1AI, and Norman Kurferst, I, o pp
raiseconut
Grove Marina in conjunction with the proposed lease agreement.
The appraisal firm of Norman Kurferst hadestimated
ti matedfair market
value
iding t $2,100with,000 a
and stated that the proposed lease potential
fair rate of return.
t value
The appraisal firm of F. Robert QuinlivaA faporir ned rentalthat hwould1bet10"ed maoreS2061375
of the subject property is $2,063,750 per annum. It was the opinion of this appraiser that the contemplated minimum
rental in the proposed lease did not provide a fair rental to the City.
A third appraisal was then requested, via nResolution No. 80-758,oe, Inc. This n October
30, 1980,
from the appraisal firm of Slack, Slack, athat
fair market value at $2,000,000 and states that
00,000 ger1annurnis �bvh1rusSlack hadtreservations
erate a 10° fair rGte of return, or
about the minimum annual guaranteed rent.
Changes were made to the contract by adding aaMarch an escalating
letter of clause
elto he consideration.
Mr. Slack has reviewed these changes, and l
that these revisions form the base for a satisfactory agreement.
CG:WHH:bf