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HomeMy WebLinkAboutR-81-0165RESOLUTION NO. A RESOLUTION: CONIDITIOYALLY Al'THOKIZING "SUPPORTIVE THE CITE, MANAGER TO FXF.CUTE A LEASE AGREF.,i:.:T BETWEEN THE CITY or ,TIA.tI AND DOC{`� ENTS THE "HA`1I ROWING CLUB, rt1C. FOR A PORTION: VVL� ,It ' `� OF THE MIAMI HAEINE STADIUM, I1: SURSTAN- FOLLOW" TIALLY THE SAME FORM AS T111: ATTACHED AGRFI:::L'NJT. BE IT RESOLVELD BY THE COMMISSION' OF THE CITY OF'• *:IAN:I, FLORIDA: Section 1. The City Manager is hereby authorized to execute a Lease Agreement between the City of. Niami and the Rowing Club, Inc., for a portion of the Miami 1•:arine Stadium in substantially the same form as the attached agreement, such Lease A-reemunt providing for a 20 year term, cancellation of an existing prior agree- ment dated July 19, 1977, and conditions as set forth therein. Section 2. The above authorization is hereby condi- tional and contingent upon the termination, cancellation and surrender of the prior Lease Agreement between the City of Miami and the tliami Rowing Club, Inc., dated July 19, 1977, and the City Manager shall not execute the attached agreement until the delivery of such documents necessary for the cancellation of such existing lease by the Xiami Rowing Club, Inc. is accomplished. PASSED AND ADOPTED this 17 day of MARCH , 19S1. MAU I CE A. FERRE N A 1' 0 R AT— ST: ALP1i G. ON:GIE, CITI' CLI' "SUPPORTIVE APPROVED AS TO PORM AND CORRECTNESS: Dec 1M t_NTS FOLLOW„ _� •. ,_. `' �. L "DOCU.MENT INDEX ROBERT P. CLARK, ACTING CITY ATTORNEY ITEM N0. y 10 CITY COMMISSION MEETING OF �AAR 1 7 i I RESOLUTION NO.................�., REMARKS.... ..................... CI" -r MlAMI. r1.O171o'N TO: Richard L. Fosmoen City Manager ,. ',,: _ - February 6, 1981 E John E. Gilchrist �' / \ 17<<'ar1JC'c9 Assistant to the City Manager (1) Copy of Draft Resolution (2) Copy of Draft Lease Agreement �-� (3) Legal Opinion — N A new lease agreement with the Miami Rowing Club, Inc., has been prepared Q' relocating the lease premises to the �y v site previously occupied by the Big Five Rowing Club in the Marine Stadium c� Complex. In that this site is better u suited for rowing club activities; it is recommended that the proposed lease G' be approved by the City Commission. w Relocation of the Lease Premises of the Miami Rowing Club In 1977, the City of Miami authorized long-term agreements to both the Big Five Rowing Club and the Miami Rowing Club providing designated portions of the Miami Marine Stadium property for the respective rowing club operations. On September 12, 1978, the Big Five Rowing Club terminated their agree- ment and vacated the premises. In that this area was better suited for rowing operations, the Miami Rowing Club requested the use of this area vacated by the Big Five Club. Permission was granted to the Miami Rowing Club for the temporary use of this property on a month -to -month basis, which may be cancelled at any time upon a 30 day notice to vacate. This permission to use the subject property was dictated by a desire on the part of the City not to enter into any long-term commitments for a lease of City land in the Virqinia Key area because of the impending plans for Virginia Key Development. An evaluation of the Marine Stadium complex does indicate that this site should be retained for rowing club activities therefore, it is now timely to formalize the occupancy of this area with the Miami Rowing Club. Additionally, in order to provide security to the Rowing Club property and to guarantee access by the City and the operator of the Marine Stadium to the mole and theater barge storage slip area, the draft lease agree- ment extinguishes the road access easement presently Rowing Club lease area. Access will remain available road and outside the secured Rowing Club leased area. crossing the proposed along the w ��� «Suppo V `--t DO CU JXAENTS � r i C a . E�.�T CITY OF MI/ II. F-LORIDA INTER -OFFICE MEMORANOUM To. A".ert It. Howard, Director Parks Department rRoM: u rge F. Knox Jr. C y Attorney ntoi DATI reI-ruary 15, lQ80 FitI �41,A-30- St''I"" for the Miami Lease Aj;rrenent j Rowing C.1uh I Nh i I IMNC ES 9 Nt 1 0-1WIFS This memorandum is written in resnor.se to vour request for a -ej;al opinion to substantially the following cluesti.ons: (1) Would a change of premises in an existing* lease require a new lease? (2) ghat i.-nnact would the Waterfront Charter Amendment have on a 114'ew Lease? (3) � hat impact would the current ne7atiations Faith the Yacht and Sailing Club have on this oronosal? Tne euestions will be anSWered in the orcier stateO. Vie Facts, as 1 understanc' them, are that in 1°77 the. City o47 1—arhi au-horized '_onagreements with � oth -!le !';.�; rive Rowing Club and the --termYiami Pc,, :.n?,, Club nrovic'ing desiprzted Portions of the lliami 'Yar ne nronerty For each rosy ect ive clubs' oneration. rn Sentem!-er 12. 1070, the flip rive powi n�* Club terminated their ag;reer..en"- and vac ;tee the leased -remise':. The Yiami Ko:,: ing Club requested use of the area vacated tiv the $ iF Five Ro;ain;; Club. (-) is a now '_ease arreer^ent needed? ' The 'answer to vour cues t i on is ves . The cham,'e in •thc 'Leased Pr�'miSeS S'OU'_d �L^�(�Llht t0 SL,_S`__-UI40!l C�j.jnj:C' '-1� :l 1(':ltie', tlle very basis For a lease is the nar _icular -,roncrl - c!cm_s�'�: . (2) '-,hat is the impact of the New Charter AmcrW!"en! ? Charter Amendment No. 1 relates to the leas inti; o< Citv-o%.,nc<1 nronerty for corinercial use. Since the Miami Rowing' Club is a "not -For nroti organization and. the lease to ke entered is "SUPPORTIVE DOCUMENTS FOLLOW" SUMMARY MIAMI ROWING CLUB, INC. LEASE Object: Chan-e in location from area 3 to area U on Marine Stadium property. Term: Remains the same. Twenty (20) years. Use: Remains the same. Rowing training and related activi„ies. NTo food, drink Cr alcoholic - beverages to be sold on premises without written consent of Lessor. Consideration: Changed. From $1.00 per year to $100.00 per year. Insurance: Remains the same. $1,000,000 Liability $ 50,000 Property Damage Area to be occupied: Changed from .473 net acres to 1.16 net acres, exclusive of easements and right of way. a NTs FOLLOW" LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this day of , 1980 by and between THE CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter called the "LESSOR"), and "MIAMI ROWING CLUB, INC." (hereinafter called the "LESSEE"). WHEREAS, the Charter of the City of Miami auth+prizes and -empowers the City of Miami to do all things whatsoever necessary ''or expedient for promoting or maintaining the general welfare of the City of Miami or its inhabitants, and WHEREAS, such empowering provision of the Charter authorizes the City of Miami to establish "boating facilities", and WHEREAS, the MIAMI ROWING CLUB, INC. is interested in locating a facility on a portion of the Miami Marine Stadium for conducting rowing training and related activities, storing their hulls and holding rowing competition, such facilities will be used by not only the members of the Club but the public as well, and WHEREAS, the MIAMI ROWING CLUB, INC. since its organi- zation has: 1. Trained over 120 persons in the sport of rowing. 2. Has through the sport of rowing emphasized water safety while instilling in young people determina- tion, discipline, constructive competitiveness in an environment that fosters stamina and strength. 3. Competed throughout the Eastern United States and Mexico as the representative rowing team from "Miami". It is optimistic that the Miami Marine Stadium will enhance efforts to expand invitations to more Latin American crews. 4. Pioneered competitive rowing in the Miami area, and WHEREAS, the City of Miami considers the above named ser- vices to be services of a public nature, quasi -municipal in character, and WHEREAS, the MIAMI ROWING CLUB, INC. has established itself internationally as an asset to rowing and in so doing publicizes the City Of Miami, and ,SUPPORTIVE DOCUMENTS FOLLOW" ' WHEREAS, the City of tfiami desires to aid insofar as is possible the rowing interest and industry of the City of Miami, and WHEREAS, the MIAMI RaIING CLUB, INC. will finance and build the facilities it will use on a portion of the Miami Marine Stadium property, and WHEREAS, the greater interest of the members of said club and the public generally will be better served by the relo- cation and construction of the facilities of the MIAmI ROWING CLUB, INC. for the purposes herein expressed, and will aid in focussing the attention of the public generally and the visit- ing rowing clubs on the recreational facilities available in the Miami area, and WHEREAS, the City of Miami recognizes that the Miami Rowing Club, Inc., in order to finance and construct im- provements necessary to its operation and to its members and to the public, must have a lease, and WHEREAS, the City of Miami in its over-all development plan for the Miami Marine Stadium does not for such purposes presently need the premises herein demised. W I T N E S S E T H: 1. PREMISES TO BE LEASED For and in consideration of the mutual covenants here- inafter set forth, the LESSOR does hereby lease to the LESSEE the property described on the attached legal description and as depicted as Parcel Number 4 on the attached Exhibits A & B. 2. TERM OF LEASE AGREEMENT The term of this lease shall be twenty years beginning on the 1st day of December, 1980 and ending on the lst day of December, 2000. 3. USE OF PROPERTY The LESSEE agrees that the property herein leased shall be used for rowing traininq and relarr-A ar-riviries. ,toragn of "SUPI ORTIVE z DOW MENTS FOLLOW" hulls and equipment, rowing practice and competition by club members and for no other purpose. The LESSEE agrees that no structure may be erected upon the demised premises unless the plans, including the selected construction bid and pro- jected cost structure: 1. Be first submitted to the Director of the Building Department, and 2. Be approved by the City Manager of the City of Miami, Dade County, Florida. Upon completion of construction, the paid invoices, re- ceipts and other such documents shall be submitted to the City Manager and shall be incorporated herein and attached hereto. All permits must be received from the appropriate govern- mental agencies prior to the undertaking of any construction, repairs, alterations or improvements. All improvements made or installed by the Hi.ami Rowing Club, Inc. shall become the property of the City of Miami upon the expiration of this agreement. The LESSEE shall not engage in the sale of food, drink, alcoholic beverages, or the sale of any other merchandise to the public without first obtaining the written consent of the LESSOR. 4. CONSIDERATION The LESSEE does hereby covenant and agree to pay the LESSOR, as rental for the use and occupancy of the leased premises throughout the period of this Lease Agreement, the sum of One Hundred Dollars ($100.00) per year in advance, beginning on the 1st day of December, 1980 and on the first of each and every year thereafter for the period of time the LESSEE occupies the demised premises. The LESSEE does hereby covenant and agree to cancel an existing Lease Agreement between the Miami Rowing Club, Inc. and the City of Miami dated the 19th of July 1977, and prompt- ly and peacefully surrender the premises described as Parcel Three (3) under said Agreement, attached hereto as Exhibit C. 5. INSURANCE The MIAMI ROWING CLUB, INC. shall indemnify and save "SUPPORTIVE 3 DOCU 1,fII ENTS FOLLOW I I • the CITY harmless from any and all claims, liability, losses, and causes of action which may arise out of the MIAMI ROWING CLUB, INC. operation of this Agreement and shall pay all claims and losses of any nature whatsoever in connection there- with and shall defend all suits, in the name of the CITY when applicable, and shall pay all costs and judgments which may issue thereon. The HIANI ROWING CLUB, INC. shall maintain during the term of this Agreement the following insurance: A. Public Liability Insurance in the amounts of not less than One Million Dollars, $1,000,000.00 per occurrence for death or bodily injury and not less than Fifty Thousand Dollars, $50,000.00 per occurrence for property damage. B. Autonohile Liability Insurance covering all owned, non -owned and hired vehicles in 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. C. The CITY shall be named as an additional insured under the policies of insurance required under this Agreement. D. The CITY shall he given at least thirty (30) days advance written notice of cancellation of said policies or any material modifications thereof. E. Certificates of insurance shall be filed with the Finance Department, Risk Management Division of the City of Miami. F. The insurance coverage required.shall include those classifications as listed in standard liability insurance manuals, which most nearly reflect the operations of the Miami Rowing Club, Inc. G. All insurance policies shall be issued by companies author i zed to (Jr) bun i ness under the laws of the State of Florida and must be rated at least "A" as to mana(it-ment. and Class "X" as to strength, all in accordance to A. M. BEST'S KEY "SUS ORTIVE 4 DOCUMENTS " FOLLOW RATING GUIDE, latest edition. H. The CITY reserves the right to amend the insurance requirements as circumstances dictate in order to protect the interest of the CITY in this Agreement. I. The MIAMI ROWING CLUB, INC. shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate the MIAMI ROWING CLUB, INC. has obtained Insurance n in the type, amount, and classifications as required for strict compliance with this covenant. 6. INDEMN'IFICATION OF THE LESSOR BY THE LESSEE The LESSEE covenants and agrees that it shall indemnify, hold harmless, and defend the LESSOR from and against any and all claims, suits, actions, damages or causes of action arising during the term of the Lease Agreement for any Personal Injury, Loss of Life, or Damage to Property sustained in or about the leased premises, by reason of or as a result of the LESSEE'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 11 the defense of any such claim and the investigation thereof. 7. LICENSES The LESSEE shall obtain and pay for all licenses and permits for the operation of the leased premises, if applicable. 8. DAMAGES OR LOSS TO LESSEE'S PROPERTY The LESSEE releases the LESSOR from any and all liability, cost or expense for damage, or loss to the LESSEE'S property for any cause whatsoever. Fencing around the premises and security are the sole responsibility of the LESSEE. 9. UTILITIES The LESSEE shall pay for all utilities consumed on the premises as well as connection and installation charges there- of and waste collection fees, if any. "SUPPORTIVE FOLLOW" 10. MAINTENANCE OF LEASED PREMISES The LESSEE covenants and agrees that it shall, at its own cost and expense, maintain the leased premises in good and operable condition during the continuation of the term of this Lease, and will keep the leased premises in a con- dition of proper cleanliness, orderliness and state'of •r, attractive appearance at all times. If the leased premises are not kept clean and attractive in appearance or proper state of repair, at the option of the LESSOR, or his desig- nated agent, the LESSEE shall be so advised, and, failing correction by the LESSEE within seven (7) days time, the LESSOR or his designated representative may cause the leased premises to be cleaned and/or repaired at the LESSEE'S cost and expense, and the LESSEE shall reimburse the LESSOR within thirty (30) days from the notice to the LESSEE, for said costs and charges. 11. ASSIGNMENT AN:D SUBLETTING OF PREMISES The LESSEE shall not at any time during the term of this Lease Agreement sublet any part of the premises, or assign this Lease Agreement or any portion or part thereof, except and by virtue of written authorization granted by the City Commission to the LESSOR. 12. EXAMINATION OF PREMISES The LESSEE agrees to permit the LESSOR'S City Manager or any designated personnel, to enter upon the leased premises at any time for any purpose the LESSOR deems necessary to, incidental to or connected with the performance of the LESSOR'S duties and obligations hereunder or in the exercise of its rights or functions. 13. ADVERTISING The LESSEE shall not permit any signs or advertsing matter to be placed on any portion of the leased premises except with the written approval of the rit, Manager of the LESSOR. 'SSUPDC)�TIVE 6 -6- D0� _'IJ I<<I E��I�S FOLLOW" 17. SURRENDER OF PREMISES Upon termination of this Lease Agreement by lapse of time or otherwise, the LESSEE will promptly and peacefully surrender and deliver possession to the LESSOR of the premises to which this Lease Agreement is applicable, in accordance with the covenants herein contained. 18. NON -DI SCR It7I14ATION The LESSEE agrees that there will be no discrimination as .:to race, color, creed, sex or national origin, in regard to the LESSEE'S occbpation and use of the demised premises. 19. CAPTIONS The Captions contained in this Lease Agreement are in- serted only as a matter of convenience and for reference and in no way define, limit or prescribe the scope of this Lease Agreement or the intent of any of the provisions thereof. 20. SEVERABILITY In the event any paragraph, clause or sentence of this Lease Agreement or any future amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject Agreement and the balance of the Agreement(s) shall not be affected by the deletion thereof. IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this Lease Agreement the day and year first above written. ATTEST: CITY CLERK ATTEST: SECRETARY PREPARED AND APPROVED BY: JOHN J. COPELAN, JR. , ASSISTANT CITY ATTORNEY 8 THE CITY OF MIAMI, FLORIDA a-flunicipal Corporation of •the State of Florida BY MIAMI ROWING CLUB, INC. BY PRESIDENT ROVED AS TO FORM AND CORRECTNESS: /GEORGE F. KNOX, JR. CITY ATTORNEY r� r)RTIVE D0C UINIE 11TS --- FOLLOW)) 14. RULES AND REGULATIONS The LESSEE agrees that it will abide by any and all rules and regulations pertaining to the use of the leased premises which are now in effect, or which may at any time during the -term of the Lease Agreement be promulgated. 15. TERMINATION The LESSEE agrees that it will perform and abide by all ".the terms and covenants of this Lease Agreement. Ire=the 'event of any breach of any such term or covenant the LESSOR may terminate this Lease Agreement upon thirty (30) days notice to the LESSEE. This lease may be terminated by the LESSEE at any time. The LESSOR may terminate this lease for any reason upon giving six (6) months notice, in writing, of the LESSOR'S intention to cancel this lease, provided, however, the LESSOR shall pay to the LESSEE the actual cost of the improvements (as evidenced by the documents included in this lease pur- suant to Section 3) which will take into consideration the unamortized life of the improvements based on a twenty (20) year straight line depreciation schedule. Payment of the depreciated actual cost of the improvements, if any, shall be made as of the date of such cancellation of the lease and must be paid within thirty (3) days of the ensuing budget year. 16. NOTICE Notice from LESSOR to LESSEE shall be deemed duly served if mailed by registered or certified mail to MIA-P-1I ROWING CLUB, INC., P. O. Box 3061, A.M.F., Miami, Florida 33159; and notices from LESSEE TO LESSOR shall be deemed duly served if mailed by registered or certified mail addressed to the City Manager, City of Miami, P.O. Box 330708, Miami, Florida 33133; or to such other respective persons or addresses as the LESSOR or LESSEE may hereafter designate to each other by notice in the foregoing manner from time to time. It so IF ITS pad „ Fad-� ON PROPOSED MIAMI ROWING CLUB FACILITIES Exhibit "B" February 11, 1981 ACCC55 ACAV 13 5. - o sow ti5�- 10" 0 e 0 r "SUPPORTIVE 10 DOCUMENTS z FOLLOW I I I I ' Parcel k 3 Current t•liarni Rowing Club location ! Parcel h' 11 ° propo>e3 IMiami Rowing Club location }t • o �� � 1 11"y�11..1 .i ;v: ✓ / / l/ s'.J f'<c'.%;- %rJJ � �.•JT .., - R- -_ = ` �rJ _ _ _-� _."„'_-.. .�� r--.� _ r 1. - � �.. __ "_ it :�.Ti .T. .rr Y 7"�° ,. T. / p —�l r!4i— _— i I `• f ` J �� �I' �� ° :t' CCEANi.��r',•t ;_,1,, t• / ,. �� S '" \ _ ,) t�' . ,""- .� _ r,--.v L-^G'" fo , Ode frosty fo ,� '.�.t'.r.✓': .a, i 21r'C a ^ =_=-�.'.- O. "ti !, s^ _ _ .. , `� : 1 C; --_? _.- J •, { FOW-I D4 i IV r'r ) Y. , ` r_ y •..� \ �j. i;tG_�`,.4. :•-;..'_' a C^ain Li,^.! ftr:: 6'It jj .,,.� ! � L_ 6-17 �~ �_„_.,,._.__�.-... - _--`. � - � '_- _.~.' �...�-.... lam_", '."�.,. �_ ,..�,�,_ •--y-�' � ..—y.- .��-^-"'." r '�.-�_... `„-�. � '^�--_�.,-.._`� . cn m (t LEASE AGREEMENT / THIS LEASE AGREEMENT made and entered into this day of 1977, by and between THE CITY OF MIAI.II, a municipal corporation of the State of Florida (hereinafter called the "LESSOR"), and MIAMI ROWING CLUB, INC. (hereinafter called the "LESSEE"). WHEREAS, the Charter of the City of Miami authorizes and empowers the City of Miami to do all things whatsoever necessary or expedient for promoting or maintaining the general welfare of the City of Miami or its inhabitants, and WHEREAS, such empowering provision of the Charter authorizes the City of Miami to establish boating facilities, and WHEREAS, the Miami Rowing Club is interested in locating a facility on a portion of the Miami Marine Stadium property for storing of their hulls and holding rowing competition, such facilities will be used by not only the members of the Club but the public as well, and WHEREAS, the Miami Rowing Club since its organization has: 1. Trained over 120 boys and young men in the sport of rowing. The program is free to all under 21 years of age and it has included a cross section of the community. 2. Has through the sport of rowing emphasized water safety while instilling in young men determination, discipline, constructive competitiveness in an environment that fosters stamina and strength. 3. Competed throughout the Eastern United States and Mexico as the representative rowing team from "Miami". Will compete in Canada and is optimistic that the Miami Marine Stadium will enhance efforts to expand invitations to more Latine American crews. 4. Pioneered competitive rowing in the Miami area, and WHEREAS, the City of Miami considers the above named services to be services of a public nature, quasi municipal in character, and WHEREAS, the Miami Rowing Club has established itself inter- nationally as an asset to rowing and in so doing publicizes the City of Miami, and WHEREAS, the City of Miami desires to aid insofar as is possible the rowing interest and industry of the City of Miami, and ii,)U PPQRTIVE DC)(-'/" U NI S FOLLOW WHEREAS, the Miami Rowing Club will finance and build the facilities it will use on a portion of the Miami Marine Stadium property, and WHEREAS, the greater interest of the members of said club and the public generally will be better served by the relocation and construction of the facilities of the Miami Rowing Club for the purposes herein expressed, and will aid focusing the attention of the public generally and the visiting rowing clubs on the recreational facilities available in the Miami area, and WHEREAS, the City of Miami recognizes that the Pgiami Rowing Club, in order to finance and construct improvements necessary to its operation and to its members and to the public, must have a lease, and WHEREAS, the City of Miami in its over-all development plan for the Miami Marine Stadium does not for such purposes presently need the premises herein demised W I T Pd E S S E T H: 1. PRELiTSES TO BE LEASED For and in consideration of the mutual covenants hereinafter set forth, the LESSOR does hereby lease to the LESSEE the property described on the attached legal description and as depicted as Parcel Number 3 on the attached Exhibits A & B. 2. TERM OF LEASE AGREEMENT The term of this lease shall be twenty years beginning on the day of 1977 and ending on the � w day of , 1997. 3. USE OF PROPERTY The LESSEE agrees that the property herein leased shall be - 2 - "SUPPORTIVE oacU ,1,- �_NTs FQLLOW11 used for the storage of rowing hulls, and for activities limited to rowing practice by club members and for no other purpose. The LESSEE agrees that no structure or structures may be erected upon the demised premises unless the plans, including the selected construction bid and projected cost structure: 1. Be first submitted to the Director of the Building Department, and 2. Be approved by the City Manager of the City of Miami, Dade County, Florida. Upon completion of construction, the paid invoices, receipts and other such documents shall be submitted to the City Manager and shall be incorporated herein and attached hereto. The LESSEE shall not engage in the sale of food, drink, alcoholic beverages, or the sale of any other merchandise to the public with- out first obtaining the written consent of the LESSOR. 4. CONSIDE?'.ATION The LESSEE does hereby covenant and agree to pay to the LESSOR, as rental for the use and occupancy of the leased premises throughout the period of this Lease Agreement, the sum of One Dollar ($1.00) per year in advance, beginning on the Q day of , 1977, and on the first of each and every year there- after for the period of time the LESSEE occupies the demised premises. 5. INSURANCE The LESSEE shall obtain at his sole cost and expense insurance for Public Liability in the amount of not less than One Million Dollars Bodily Injury per occurrence, and Fifty Thousand Dollars Property Damage per occurrence. Said insurance policy shall name the LESSOR as an Additional Insured and shall provide a thirty (30) day period of notice to LESSOR in event of cancellation. Insurance required shall be issued by a company authorized to do business in the State of Florida with the following; qualifications as to management and financial strength: The company must have a rating no less than "A" as to management, and no less than "Class R" as to strength, in accordance with the latest edition of A. M. Best's Key Rating Guide. "SUPPORTIVE SOW IMI ENTS FOLLOW" - 3 - 0# 0 The policy of insurance as required herein, shall, before this Lease Agreement becomes effective, be approved by the City Property Manager in writing. The City Property Manager shall have the specific right to reject any insurance that has been provided by the LESSEE to the LESSOR. 6. INDEIfNIFICATION OF THE LESSOR BY THE LESSEE. The LESSEE covenants and agrees that it shall indemnify, hold harmless, and defend the LESSOR from and against any and all claims, suits, actions, damages or causes of action arising during; the term of the Lease Agreement for any Personal Injury, Loss of Life, or Damage to Property sustained in or about the leased premises, by reason of or as a result of the LESSEE'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 any such claim and the investigation thereof. 7. LICENSES The LESSEE shall obtain and pay for all licenses and permits for the operation of the leased premises, if applicable. 8. DAMAGES OR LOSS TO LESSEE'S PROPERTY The LESSEE releases the LESSOR from any and all liability, cost or expense for damage, or loss to the LESSEE'S property for any cause whatsoever. Fencing around the premises and security are the sole responsibility of the LESSEE. 9. UTILITIES The Company shall pay for all utilities consumed on the premises as well as connection and installation charges thereof and waste collection fees, if any. 10. MAINTENANCE OF LEASED PREMISES The LESSEE covenants and agrees that it shall, at its own cost and expense, maintain the leased premises in good and operable condition during the continuation of the term of this Lease, and will keep the leased premises in a condition of proper cleanliness, orderliness and state of attractive appearance at all times. If the leased premises are not kept clean and attractive in appearance or "Stir PORTIVE DOCUMENTS - 4 - FOLLOW" I proper state of repair, at the option of the LESSOR, or his designated agent, the LESSEE shall be so advised, and, failing correction by the LESSEE within seven (7) days time, the LESSOR or his designated representative may cause the leased premises to be cleaned and/or repaired at the LESSEE'S cost and expense, and the LESSEE shall reimburse the LESSOR within thirty (30) days from the notice to the LESSEE, for said costs and charges. 11. ASSIGNMENT AND SUBLETTING OR PREt•1ISES The LESSEE shall not at any time during the term of this Lease Agreement sublet any part of the premises, or assign this Lease Agreement or any portion or part thereof, except and by virtue of written authorization granted by the City Manager of the LESSOR. 12. E}:AMINATION OF PRE1_1ISES The LESSEE agrees to permit the LESSOR'S City Manager or any designated personnel, to enter upon the leased premises at any time for any purpose the LESSOR deems necessary to, incidental to or connected with the performance of the LESSOR'S duties and obliga- tions hereunder or in the exercise of its rights or functions. 13. ADVERTISING The LESSEE shall not permit any signs or advertising matter to be placed on any portion of the leased premises except with the written approval of the City Manager of the LESSOR. 14. RULES AND REGULATIONS The LESSEE agrees that it will abide by any and all rules and regulations pertaining to the use of the leased premises which are now in effect, or which may at any time during the term of this Lease Agreement be promulgated. 15. TER1.1INATION The LESSEE agrees that it will perform and abide by all the terms and covenants of this Lease Agreement. In the event of any breach of any such term or covenant the LESSOR may terminate this Lease Agreement upon 30 days notice to the LESSEE. Any and all improvements placed upon the demised premises shall become the property of the City of Miami at the termination of this lease. iiSU PPORTIVE DCCU 'VVII EFTS FOLLOW" - 5 - 11 This lease may be terminated by the LESSEE at any time. The LESSOR may terminate this lease for any reason upon giving six (6) months notice, in writing, of the 1,ESSOR'S intention to cancel this lease, provided, however, the LESSOR shall pay to the LESSEE the actual cost of the improvements (as evidenced by the documents included in this lease pursuant to Section 3) which will take into consideration the unamortized life of the improve- ments based on a twenty (20) year straight line depreciation schedule. Payment of the depreciated actual cost of the improve- ments, if any, shall be made as of such cancellation of the lease and must be paid within thirty (30) days of the ensuing budget year. 16. NOTICE Notice from LESSOR to LESSEE shall be deemed duly served if mailed by registered or certified mail to LESSEE to Miami Rowing Club, Inc., P. 0. Box 3061, A.M.F., Miami, Florida 33159; and notices from LESSEE to LESSOR shall be deemed duly served if mailed by registered or certified mail addressed to the City Manager, City of Miami, P. 0. Box 330708, Miami, Florida 33133; or to such other respective persons or addresses as the LESSOR or LESSEE may hereafter designate to each other by notice in the foregoing manner from time to time. 17. SURRENDER OF PREMISES Upon termination of this Lease Agreement by lapse of time or othen,:ise, the LESSEE will promptly and peacefully surrender and deliver possession to the LESSOR of the premises to which this Lease Agreement is applicable, in accordance with the covenants herein contained. 18. NON-DISCRIMINATION The LESSEE agrees that there shall be no discrimination as to race, color, creed, sex or national origin, in regard to the LESSEE'S occupation and use of the demised premises. 19. CAPTIONS The Captions contained in this Lease Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or prescribe the scope of this Lease Agreement or the intent of any of the provisions thereof. "SUPPORTIVE DOCU N1 EN S _ 6 - FOLLOW IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this Lease Agreement the day and year first above written. THE CITY OF MIAMI, FLORIDA a Municipal corporation of the S ATTES C,ty Clerk MIAMI ROWING CLUB, INC. By '/ Lag �'ic esident ATTEST: Secretary PREPARED AND APPROVED BY: JUDITH HOLLANDER Assistant City Attorney APPIZOVFeb AS TO FORM AND CORRECTNESS: City A t rney 7 - "SUf'E'�"I T I V E DO G"*% U 1"J"'.'.E-11TS FOLLOW71 A 0. Or V -0i010A iNTER-OFFICZ: -M ENI (.) R A N 1) U M Angela Bellamy March 10, 1981 FILE Assistant to the City Manager Agenda Item —ROM unmi � s i Armando oner An Y-' Lacasa I hereby request that the Nliami Rowing Club Lease be placed on the City Commission Agenda of March 17, 1981. FIFTH YEAR NAME OF PROGRAM AND NSA-'-XREA Little Havana Transportation Program (Child Care & Elderly) Model City a, AMOUNT ALLOCATED C�5 0 (- on-V 10,000 C-- Tenant Education (T.E.A.M.) DLICUAIENT INDEX $ 14,000 Little Havana Day Care Center $ 27,100 .1/ NSA ITEM N� - 11L'itllhborhoo(j strate,.,ic a r L'a 5 -1, 1 MOT rn =mood INS T ER-OFFICZZ MEMORANDUM Angela Bellamy Assistant to the City Manager / J. ''' Commi§Sioner Armando .. Lacasa March 10, 1981 Agenda Item FILE I hereby request that the Miami Rowing Club Lease be placed on the City Commission Agenda of March 17, 1981.