HomeMy WebLinkAboutR-80-0561RESOLUTION NO. 8 0- 5 6 1
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT ON BEHALF OF THE
CITY OF MIAMI WITH AMERICAN DESIGN A
DEVELOPMENT CORP. - SOUTHEAST (D/B/A BRICKELL
PLACE) FOR THE LEASE OF CERTAIN BAY BOTTOM
LANDS FOR A PERIOD OF SIX (6) YEARS, WITH
TWO 10-YEAR OPTIONS, UNDER THE TERMS AND
CONDITIONS AS CONTAINED IN THE. ATTACHED
AGREEMENT.
WHEREAS, Section 3 (f) of the Charter of the City of
Miami gives the City power to acquire and dispose of property, "real or personal
or any estate or interest therein"; and
WHEREAS, the City in years past has acquired legal title to
certain bottom land of Biscayne Bay; and
WHEREAS, the City Commission finds that the public interest
will best be served by private development of the said bottom land through
leasing the same to private developers for the construction of a private marina
thereon serving the tenants and dwellers of adjoining buildings; and
WHEREAS, the City's lease of the desired land to the developers
would not require the issuance of bonds nor the exercise of its power of eminent
domain nor any additional acquisition of land by purchase or otherwise; and
WHEREAS, the City Commission finds that the said bottom land
is not currently needed for municipal use and will not be needed in the foreseeable
future; and
WHEREAS, the highest and best use of said land is found to be
its utilization as a private marina hereunder; and
WHEREAS, through the execution of the attached lease agreement
the City will retain title should there be any future munici al n� d fora d land;
and "DU�Di;it�I�rT li`��t},
ITEM N0.1 "
WHEREAS, the rental proceeds from the lease agreement will
be used for the public purpose of providing services to City inhabitants thereby
contributing to the general welfare of said inhabitants by indirectly affording some
tax relief due to the City's receipt of the rental income from said lease;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter
into a lease agreement on behalf of the City of Miami with American Design &
Development Corp.— Southeast (d/b/a Brickell Place) for the lease of certai.n_... ____
"SUPPORTIVE CITY COMMISSION
DOCUMENTS MEETING OF
it 10-67� Ty
r-
bay bottom lands for a period of six (6) years with two 10-year options, under the
terms and Conditions as Contained in the attached agreement.
PASSED AND ADOPTED this 24 day of July 01980.
ATT T: _ O
—C
ITY L K
PREPARED AND APPROVED BY:
STANT Y ATTORNEY
APP,R nD AS TD. O M AND CORRECTNESS:
GEORG KNOX, R.
CITY ATTORNEY
MAURICE A. FERRE
MAYOR
0SWPORTIVE
DOCUMENTS
Page 2 FOLLOW
80-561
Joseph R. Grassie
City Manager
I �
James E. Gunderson, Director
Finance Department
July 11, 1980 -L t
Proposed Lease with American Design
b Development Corporation for
Brickell Place Marina, Phase II
The City staff has negotiated a lease
agreement with American Design and
Development Corporation (d/b/a
_. Brickell Place) for the use of 11,094
square feet of baybottom property
located adjacent to Brickell Place
Condominiums, Phase II. It is recom-
mended that the proposed lease be ••
approved by the City Commission.
The form and content of this lease is similar to the lease between American Design
and Development Corporation and the City of Miami for Brickell Place Marina, Phase I.
A legal opinion has been received with reference to Charter Amendments 1 and 2 which
impose restrictions on the leasing of baybottom lands. Additionally, an opinion was
given on Charter Amendment 3 which requires public bidding for the leasing of bay -
bottom lands to adjacent upland owners. The legal opinion issued reflected that
Charter Amendments 1, 2, and 3 did not apply in this case. (Copy of legal opinion
attached.)
The basic elements of this lease are aiven below, with a comparison to the existing
lease for Phase I of the marina.
PHASE I (existing)
TERM 10 years
July 27, 1976 - J my 26, 1936
OPTION Lessee has option to renew
for two 10-year periods
ANNUAL
CONSIDERATION
$4,172.12 for 87,574 sq. ft.
$0.10/sq.ft. dock area, 30258 sq. ft.
50.02/sq.ft. open water, 57,316 sq.
ft.
USE Construction, operation, and
maintenance of docking facilities
and maneuverinq area for berthing
of vessels.
Page 1 of
PHASE II (proposed)
6 years
1980 - 1986
Lessee has option to renew
for two 10-year periods
$1 ,527.93 for l),024 sq. ft.
$0.70/sq. ft. dock area, 1686 sq. ft.
$0.037/sq. ft. open water, 9,393
sq. ft.
Construction, operation, and
maintenance of docking facilities
and maneuvering area for berthing
of vessels.
"SUPPORTIVE
2 DOCUMENTS 8 0- 5 6 1
1a a n .1,! ---
Attached for reference are the proposed lease, a letter from Kathryn Katz
(attorney for American Design and Development Corp), and Resolution No. ZB 165-74
of the Zoning Board.
The proposed lease is on the agenda of the Waterfront Board meeting of July 23, 1980.
JEG:WHH:bf
"SUPPORTIVE
DOCUMENTS
FOLLOW"
80-561
V
1
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AL
IL OER CONSTRUCT
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0 25 50 r5 �00
GRa•PMfC SE�tE
E XIS"t"' BUILDINGS
POOL y
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E VSTING TOw
EXISTING GONC. BULKHEAD
� �/ f ► iy '/jam • fC , % �•� , '� -/ �, s: ,�
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IN `Gf SONG- OOG+<S
xIST
PHASE I Pt.
ST, S74 54
DANIEL K. CORBETT
LYNN M. DANNHEISSER
IRWIN J. FAYNE
W. REEDER GLASS
JEFFREY ALLAN HIRSCH
KATHRYN K. KATZ
STEPHEN B. MOSS
JAMES M. NORMAN
MICHAEL A. ORT12
RAMON E. RASCO
THOMAS G. SCHULTZ
ANDREW H. WEINSTEIN
LAW OFFICES
GLASS, SCHULTZ, WEINSTEIN 6 MOSS, PA. �F iU;,'j�rGi.OJ�
April 24, 1980
Mr. James E. Gunderson
Director of Finance
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Cr-
SUITE 43 ,i ��• JC� `
i
5915 PONCE DE LEON BOULEVARD
CORAL GAOLES, FLORIDA. 33144
DADE 43051 667-4633 --
TELEX 52-2233
SUITE BOI
2929 EAST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIOA 33308
BROWARD 1305) 491 6553
PLEASE REPLY TO
Coral Gables
Re: American Design & Development
Corporation - Brickell Place Phase
II Marina
Dear Mr. Gunderson:
Per the instructions of William Harrison, I am enclos-
ing for your reference a copy of Resolution No. ZB 165-74 of
the Zoning Board approving the conditional use for the construc-
tion of a 99-slip marina adjacent to Lots 53 through 62, Block
"B," Flagler Mary Brickell Subdivision located at 1901 Brickell
Avenue. For your information, Phase I of the marina consisted
of the land adjacent to Lots 53 through 57, and the Phase II
marina is adjacent to the balance of the lots. The Phase I
marina consists of 67 boat slips, and the Phase II marina
will constitute approximately 32 (but in no event more than
the permitted 99) boat slips.
If you need any additional information with respect
to the matter, please don't hesitate to call me.
KK:jh
Enclosure
ccw/enclosure:
Very truly yours,
Kathryd Katz/ =-�-
For/ the Firm
Mr. William Harrison
"SUPPORTIVE
DOCUMENTS
FOLLOW"
city or F, �mi, rl_ORIbA
INTER•OFFICF'. MEMORANDUM
A-1090
To.
James F. Gunderson nA.F March 26, 1980 IL MIA40-U
Director of Finance ste"irc.T
Lease of Bay Bottom Land [;
FROM ' "Iff fir Nrf r, f
jeCit
F. Kn , Ir.
ttorn"�'^'"""
This memorandum is written in response to your request fora legal
opinion on essentially the following questions:
1. IS RAY BO'fT01 LAND, OWNED BY THE, CITY AND LOCATED
IN FRONT OF UPLAND PROPFRTY 014NI71) BY I)1'IIFRS 'fo BI, CON-
SIDF.REU "WATERFRONT PROPERTY" AND CONSEQ11ENTLY SIIRJECT
TO THE RESTRICTIONS IMPOSED BY CHARTER AMENDMENTS #1
AND 112.
2. IS THE AFORFTIENTIONED BAYBOTTOti LAND ADDITIONALLY
SIIB,LI?CT TO THE REQ(1lREMENTS OF PUBLIC ADVER'l'ISFMI:NT
AND OPEN -COMPETITIVE BIDDING, AS PROVIDED IN CHARTER
AMENDMENT #3.
Your questions will he answered in the order stated.
Question ill.
Charter Amendment #1 and 2 impose rest rir.t.ions- rni the lensing and devel-
opmont of City-ownod "waterfront property" respectively. Black's Law Dictionary
describes "waterfront" as:
"Land or lands with buildings fron[Ing on
a body of water."
In It; dictirmary meaning the "hed" of a body of water is its bottom.
See, 34 Fla.Jur. 6147.
Based on these drfInitlrnr;, It k apparent that Charter Amendments
111 and #2 would not apply to "hay bottom land".
"SUPPORTIVE
DOCUMENTS
FOLLOW"
James E. Gunderson
Question 02.
rare two March 26, 1980
Charter Amendment #3 mandates that before the sale, conveyance or dis-
position of any real property by the City of Miami, that said disposition
be submitted to public advertisement and open -competitive bld. Therefore on
its face, Charter Amendment #3 would appear to regtilre the lease of City -owned
"bay bottom land" to be submitted to public advertisement and open -competitive
bid.
However, the unique legal relationship between the riparian rights of up-
land owners and the restrictions thereby imposed upon the owner of the hay bot-
tom land bordering on said uplands would appear to make the application of this
Charter Amendment impractical.
At common law an upland proprietor, owning to the ordinary high water
mark of navigable waters hnd certain rights in the adjacent waters additional
to the rights therein common to the public. These riparian rights have been
codified, Fla. Stat 3 161.201 (1970), and include hilt nic not limited to rights
of ingress, egress, hontinp, bathing and fishing. Among the particular riparian
rights that the Courts have recognized are the right to a responsible use of
the water for domestic purposes, the rtpht of the flow of the water without
serious interruption by upper or lower riparian owners or ethers, the right to
have the water kept free from pnl lilt inn, Ferry Pass ln�,vpctors' & Shippers
Association v. White's River lntipectors' A Shippers Usocintion. 48 So. 643
(Fla. 1909) and the right to have an unobstructed view of adjoining waters.
Eustis Firsten, 113 So.2d 260 (2nd DCA 1959).
In light of these riparian rights, the use of the bay bottom land
adjacent to the uplands would he so limited that as a practical matter,
said hay bottom lands would be of little value to anyone other than the
owner of the uplands adjacent thereto.
Therefore, it would appear that Charter Amo ndment #3 is not applicable
to the lease of City -owned bay bottom land to the upland owner adjacent
thereto.
r'
par and Aov d by:
(ppr
J . M IC11Ar.t. MAY0001)
ASSISTANT CITY ATTORNEY
"SUPPORTIVE
GFK/JM/wpc DOCUMENTS
FOLLOW"
to Ccorge Knox
City Attorney
ttn: J. Michael Ilayqood
►n""'' J. E. Gunderson
Director of Finance
l.'
,lat►mt,lr-Y, ln, tgt,tl
rict inn on Leasinq [lay �,�� Rest
Bottom Lands
The Lease Man,r,trl^ent. Section is presently rrviewing a m-oi,n-,al to lea;r additional
land to the Brickell Place Phase It Developer, American Dvsion and Development
Corp.
Persuant to verhal rr,rlue,I. to you Friday, and the Le,lse t mager's ;uh,cquent
meeting with Ils. C,it•hv Katz, Attorney for Brir.l el 1 l'lac� with ref(nrrn(e to a
proposed lease agreement. A legal opinion is hereby requested coverinn the
following:
1. 1s i.ayhnttnm land, owned by the ( it and ]or ;atcd in front of Illrland
Property ovilind by ethers to be rmisidrr(,cl "':,ilr I f►r nl. Prnoorty" and
con;e1l1mently r;mlbje(t to 011, re Jrictinls imt,n•.rd bti• the Charter
llmendwont H (Resolution 79-563) and 112 (i'. —,olut.inn 7g-5611)?
2. Is tho ,)I`vvrmvntJ(mrd havI,ot,tnr 1,111d addition,111v '.Id,lnrA. to iII$,
reg0r(-mvnLs of pidd I( i dvort isf,mont and (1I'I'rl-I'll:-1 „t itive bidding, as,
p►•ovi(Icd in Charter Amendment 113 (11•esolut.ion M-76(1)?
JLG:UItll:bf
DATEBY-
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«SUPPORTIVE
DOCUMENTS
FOLLOW"
/} -10�6
�iU'�61
1 .1. i.�'►� 7-ii
20
1
22
2S
RESOLUTION NO. L Q., "I'S
A RI?SOi,UTION OF THE ZONING BOARD GNLiTI :G A
"CONDITIONAL USE" AS LISTED IN NO.
6371, ARTICLE IV, SECTION 23, (2) (!j) , TO
PLIU•IIT C ONSTRUCTI O:i OF A 99 LEI L' i•:A MINA Ii•1
13ISCAYk:E DAY, . WIT:E PIERS EXTE:itDtLG :1
OF 496 ' INTO DAY FROM TI II(i ui:I::.T1D LIi:C, It:
+ . \ . T P • `^ . . N,
• CO,:JU::CTION �JI1.I 1',RICi.i:.LL PL,TICE Uf•: J1LJPi•ic%: � O_:
LOTS 53 TILMOUGEI G2; BLO is "B", FLAGLER
BRIC:cELL (5-44) LOCIWED AT 1901 BnICI;LLL .�v�:;vr:; ✓
ZONED, R-5A (HIGLI DS";SITY MULTIPLE) DISTRICT,
SUBJ::CT TO TILE FOLLO,•II N CU.MA.ITI ONS : (1) ruz �Ts
OF THE PROPOSED VI1C'LLITY VITLt, L::' I'0:�.
EXCLUSIVE F.1:J' il•1r:.,2 O. COiiD():•:►..vlUi► O;:i•u:::j F111)
RESIDENTS As xer-U;D FOR rNcxti.::r USES I,. T
!_E
R-5A ZONIt:G DISTRICT; (2) PPM',Ii:G i:i•i TIM.' t`:f►vJi: i
OF 53 SPACES IN ADDITION TO PAIUUNG SL'ACES
RF.'%UIRED AS PAR"j. Or THE DF.v .L 1 ,' .0 C,•i'; Ci T OF 'iiY:.t: S L .iCW 1:.CT
SHALL BE PROVIDED; (3) L71:iD.3CP.PED USABLi:
SPACE IN THE AMOLwT 0: 2350 SQGt),11E FEET I:: CON-
JUNCTION WITH TILE i`LARINA FACILITY, IN, E.:CESS 0: THi
ilI2 I:•1'J:•I OPEN SP:iCE REQUIRE,,%1E'NTS 0-' 'iiTF, ,t0i- : T S,' L
BE PROVIDED; (4) TWO 25-GALLON 'rit.611 RtECE:1-fACLZ3
OR TILE EQUIVALEiiT, FOR T:IE FIRST I'IVi, WSSELS P"1:0
FOR EVERY ADDITIONAL FIVE VESSELS, J2-;D PiT L':.11ST O:ir
PU,�:P-OUT FACILITY APPROVED BY THE D PA1r1,TZ: ,:'C CL•'
PUBLIC WORKS S1-l"ALL BE PROVID:'.D. ALL SAID
SMALL BE PROPERLY SCREENED; (5) ALL DEVEL02twNT
SHALL BE IN ACCORD ti,IrTli T LE GELNIF.M'1.1 LAYOUT PL.T.LZ,
i
PARTIAL SITE PLii1i., AND & G1'tiL,ERS , STATENS.Nim N.-CT IN
' CO: 'LTCT WITH Tiff; AB20VE CO.,11.)ITIONS ALL Ur 110r:1CH
ARE PART OF TME APPLICATION PILL.
• MHERE't"S, the Zoning Board findq that it is er;,0 o,;:a.cd
10ri-cler ti:e-' Comprehensive Zoning OzJi.nance No. 6873., Article XC:CIi
g.-.an% a Conditional Use as hercinait.er provi.d,:!ca; and
I�
TREiF%:;AS, the Board finds that t;ie gzr.;ici rg the
�Canditianal Us,� will not zidversely aziect the
pub1 _ :i.ntu_as'-
�7
and safety; and
WEIZRL'•AS, the conc;irions sp-:-cificd
hero-iii aLu no-cez,.,:r_,•
1ar:d ;:It. L1 protect the public inL-::res4, wel arc
and _.af7c:: y;
Ti:L:Ra,r0rtE1;i
t
A .?% '%,C)., :,-
.v.Jo
�t..•r 7::3
` 7
RTIVE
J •�
i
I
..
F0LLOW
6A
3 •
4
S
6
7
8
10
11
15
1G
.17
13
�9
23.
22
� J
?_ 5
26
27
23
2 J
�J
N L
3:
34
J J.
Section l.. The Zoning Board of the City 0.A.' I4la:ai,
Florida hereby gra,-lL-s a "Conditional Use" as liat-ed in
Ordinance No. 6871,1 Article :V, Section 23, (2) (b), to perniL
con3Lruction of- 99-slip arinz in Biscayne Bay, with piers
Extending a maxi-mur. f 496' into bay frota the bul%he-nd line, in
conjunction wit: •Brickell Place developme;iL on LcL-s 53 through
62, Block "B", FL.AGLER INIARY BPRICIMLL (5-44) :locat-od aL- 1901
i3rickell Avenue; zoned R-5A (HIGH DL'3I:"Y ZWLTIPL.) District,
subject to the following conditions:
the proposed ra ,na Eacilltj Will
be for the exclusive enjoyment of condoni.niu;a owners and
residents as intended for ancillary users in the R-SA
Zoning District;)
(2) Parking in the amount of 53 spaces in nddition
to parking. spaces �lready required as part of the develop•-
meal of 'this., Rroje.ct shall be provided;
(3). La :dscaped usable open spare in the aizou;Z:. of
2850 square feet in conjunction wicn the marina facility,
i,n excess of the minimum open space requirements of the
project shall be provided;
(4) Tvio 25•-gallon trash recep ,aclos or the
equivalent,, for. the first five vossc-!15 and for every
Ldditional five vessels, and at 1c Gt one pump -out. raci.lii
approved,by thL DeparLmert of Public Works shall ba provi.,
F.11 said..facilitles'shall be P;:o��e�;l;► sercc:ncd.
(5) ..All dcvelo;):,ieni : slizall ba in ac,:ozd
q--.!n•2ral la!1011 t, .Ul�i1, pal ►� ia1 :;J.i:t.' p' i:cl, c13;CZ C:1�j :i1C t�r.a'
1 1
statements not in riic.. ... -7.
%Aiich are part of the application £i14.
"SUPPORTIVE
DoVU"JENTS
2. Foi I ow„
r'.
2•
s
w
2.0
PASSED AND ADAPTED this ^2:�11�ly of
1974.
Cttr�:44I+t; 0.,, Ti!Z lo::I�:O
C :'Y OF .tilIAitl, Z'LO:t'LD11
WITNESSES:
r
STATE OF FLORIDA:
SS
COJtiTY OF DAIDE
Personally aop3ared before me I:athanial Doan, to mo tvall
kn0'rin and kno:an , �o me to be th Chairman of Lhe Zoning) Board
who executed the foregoing instrument :for the purposes -
therein expressed. 1, ..
Sworn to and subscribed b^fo.re me this day of
i� ,• ,..h 1974.
� _. �L ..i.. ria C.O :�...��,,iQ)t �.(.'i.�_i 1•l •i�.'� 1•.••ii•.
ir:).SD,D ;:i, U
•. I
,,Illl 111 ll1/1, •,,,,
• u a.., ca���r, I:C,Ipti
Cll::+� Cl�':•t1iT C:'vKl
"SUPPORTIVE
DOCUMENTS
--- -FOLLOW'
�7 cov
LI ASL AGRI:I.MI:NT
bet Ne•u,n
THL CITY OF 1,I1AM1
and
AMERI CAN DESIGN AND DEVELOPMENT CORP.-SOUTHEAST (D/B/A
BRICKELL PLACE)
"SUPPORTIVE
DOCUMENTS
FOLLOW"
INDEX
PAGE
I.
DESCRIPTION OF PREMISES .................................
1
II.
TERM ......................................................
2
III.
USE OF LEASED PREMISES ......................................
2
IV.
REPAIRS .....................................................
2
V.
INSURANCE ..................................................
2
VI.
RESTRICTIONS ...............................................
2
VII.
CONSIDERATION ..............................................
3
VIII.
CANCELLATION ...............................................
3
IX.
COMPLIANCE WITH CITY, COUNTY, STATE AND FEDERAL LAW .........
3
X.
ASSIGNN.ENT.................................................
4
XI.
SIGNS ....................................................
4
XII.
TAXES ....................................................
4
XIII.
LICENSES ....................................................
4
XIV
INDEMNIFICATION OF THE LESSOR, BY THE LESSEE .................
4
XV.
UTILITIES ..................................................
5
XVI.
EXAMINATION OF THE PREMISES BY THE LESSOR ...................
5
XVII_.
NOTICES ....................................................
5
XVIII.
BINDING ON SUCCESSOPS.......................................
5
XIX.
NON DISCRIMINATION .......................................... •
5
XX.
OPTION TO RENEW ..........................................
5
XXI.
OWNERSHIP OF IMPROVEMENTS ...................................
6
XXII.
CAPTIONS ....................................................
6
SIGNATORY PACE .............................................
7
EXHIBITA ................................................
8
"SUPt ORTIVE
DOCUMENTS
FOLLOW"
0 4
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into as of this
day of , 1980 ,by and between THE CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter called "Lessor", and
AMERICAN DESIGN AND DEVELOPMENT CORP.—SOUTHEAST (D/B/A BRICKELL PLACE), a
corporation under the Laws of Florida, with principal offices in the City of
Miami, hereinafter called "Lessee".
W I T N E S S E T H
I. DESCRIPTION OF PREMISES
The Lessor hereby leases unto the Lessee for the purposes and
and under the conditions hereinafter set forth, the following described
Bay Bottom Land located in Biscayne Bay, City of Miami, Dade County, Florida,
to wit:
A marine parcel of Bay Bottom lying Southeasterly of
and adjacent to Lots 58 through 62, Block "B"
Nary and William Brickell Subdivision, as recorded
in Plat Book 8, at Page 96 of the Public Records of
Dade Count, Florida, being more particularly described
as follows:
Commence at the point of intersection of the
Northeasterly boundary of Lot 53 of the aforesaid plat
of Block "B" Mary and William Brickell Subdivision with
the established bulkhead line as recorded in Plat Book
74 atPage 3 of the Public Records of Dade County,
Florida; thence South 56 degrees, 54 minutes, 11 seconds
'West alonq said bulkhead line for 717.30 feet to the
point of beginning of the herein described marina
parcel.
Thence South 37 degrees, 09 minutes, 46 seconds East
for 160.53 feet; thence South 52 degrees, 50 minutes,
14 seconds West for 68.00 feet; thence North 37 degrees,
09 minutes, 46 seconds West for 165.42 feet; thence
North 56 degrees, 54 minutes, 11 seconds East for 68.17
feet to the point of beqinninq, containing 11,034
square feet, of which 1686 square feet are to be
occupied by structures and 9398 square feet are open
water.
-1-
"SUPPORTIVE
DOCUMENTS
FOLLOW"
80-561
r
The term "leased premises", as hereinafter used, shall, unless
the context otherwise requires, be deemed to include the lands hereinabove
described, together with the improvements erected and to be erected thereon,
including all appurtenances thereto,whether or not physically attached.
II. TERM
The term of this Lease Agreement shall be SIX (6) years, beginning
on the day of 1920 , and terminating on the day of
, 1936 .
III. USE OF LEASED PREMISES
The leased premises are to be used by Lessee for the construction,
operation and maintenance of Docking Facilities and a maneuvering area for berthing
vessels.
IV. REPAIRS
The Lessee shall maintain and supervise the leased premises and the
waters above same, and shall keep the Docks and flooring Piles in a safe condition,
and shall and does hereby assume full and complete responsibility for injury or
damage suffered by, or caused to any person or property within or upon the leased
premises and resulting from the construction, use or operation of the leased premises,
or failure to maintain such premises in a safe condition, or any negligent act or
omission to act on the part of the Lessee or any officer, agent or employee thereof,
except such injury or damage as may result from an act of God. The Lessee hereby
agrees to hold harmless the Lessor and its officers, agent. or employees of and
from any liability or claim whatever arising out of or in connection with the
construction and use of the leased premises and/or any part thereof.
V. I NSURAN;CE
The Lessee shall obtain a policy of general liability insurance
in the amounts of not less than Three Hundred Thousand Dollars ($300,000.00) per
occurrence for bodily injury, and Fifty Thousand Dollars (S50,000.00) per occurrence
for property damage, for the use, benefit and protection of the Lessor, and/or its
officers, agents and employees, the insurance company to be approved by the Lessor,
and a copy of each policy of insurance to be filed with the Lessor. The Lessor
shall be named in each such policy of insurance as an additional or secondary insured.
VI. RESTRICTIONS
A. There shall be no gas or diesel pumps on the Docks.
B. There shall be no commercial use of the Marina.
"SUPPORTIVE
-2- DOCUMENTS
FOLLOW"
0 9
C. There shall be no accessory use store at the Marina site.
D. There shall be no living aboard vessels.
E. There shall be no House -Boats permitted to dock at this
facility at any time.
F. It is agreed that Resolution Number 75-75 Passed and
Adopted January 23, 1975, attached hereto, shall become a
part of this Lease Agreement.
VII. CONSIDERATION `
The annual Rental payable by the Lessee shall be the sum of one thousand
five hundred twenty-seven dollars and ninety-three cents ($1,527.93). In addition to
rental, the Lessee shall pay to the Lessor the total amount of any state sales
tax applicable to such rental. Rent shall be due and payable before the effective
date of the commencement of this Lease, and thereafter on each anniversary date
thereof throughout the term of this Lease.
VIII. CANCELLATION
In the event of a default on the part of the Lessee in the
performance of any obligation created by this Aqreement or said Resolution Number
75-75, the Lessor shall have the right to serve upon the Lessee a Notice calling
attention to the particular default or defaults complained of, and demanding the
termination thereof, and in event of the continued existence of said default or
defaults for a period of thirty (30) days, (except in cafe of non-payment of
rent, as to which ten (10) days shall be applicable) from the time of the giving of
such notice by Lessor, the Lessor shall have the right to serve a further notice
of Lessor's election to exercise the option hereby granted to Lessor to terminate
this Lease Agreement and, if said default or defaults shall then continue after a
period of fifteen (15) days from the giving of said notice of election, Lessor
shall have the riqht, without further notice, to re-enter and take possession of the
leased premises and all improvements thereon, with or without judicial process, and
to terminate this Lease Agreement.
IX. C011PLIANCE 41TH CITY, COUNTY, STATE AND FEDERAL LA!-!
Tile Lessee shall comply with all rules, regulations and laws of
the City of Miami, Dade County, the State of Florida, or the United States
Government, now in force or hereafter to be adopted. Any material failure to comply
with any such rule, renulation or law shall be deei^ed to be a default on the part
of the Lessee.
"SUPPORTIVE
_ DOCUMENTS
_3 FOLLOW"
W
X. ASS IGN.MENIT
r
Lessee shall have the right (one time and one time only) to
assign this Lease, in whole or in part, to the 3rickell Place Marina, Inc., or to
another non-profit Florida marina facility. Except as so provided, the Lessee
shall not assign sublease or underlet the demised premises or any part thereof
without prior written consent of the Lessor, which consent shall not be unreasonably
withheld.
In addition, Lessee and/or Lessee's assignee, if any, shall have the
right to allocate individual marina slips located upon the demised premises, to
condominium owners of arickell Place.
XI. SIGNS
The Lessee shall not permit any signs or other advertising to be
used or displayed on the leased premises or on the improvements located thereon,
without obtaining the written consent of the Lessor.
XII. TAXES
The Lessee agrees to pay any and all ad valorem taxes levied and
imposed on the real property legally described in this Agreement, and upon any
improvements constructed thereon by the Lessee and further agrees to pay all taxes
on personal property which may be levied and imposed on said demised premises
during the term of this Lease.
XIII. LICENSES
The Lessee shall obtain and pay for all the necessary licenses
required for the operation of the facilities provided for in this Lease Agreement.
XIV. INDEMNIFICATION OF THE LESSOR BY THE LESSEE
The Lessee covenants and agrees to indemnify and hold harmless the
Lessor, its officers, agents and employees, from and against any and all claims,
suits, actions, damages or causes of action arising during the term of this Lease
Agreement, for any personal injury, loss of life, or damage to property sustained
in or about the leased premise, by reason of, as a result of, or arising out of the
Lessee's occupancy thereof, and from and against any orders, judgments, or decrees
which may be entered therein, 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; provided, however, that before the Lessee shall become liable
for any such cost, the Lessee shall be given Notice in writing that the same are
about to be or may be incurred, and the Lessee shall have the option itself to make
"SUPPORTIVE
-4- DOCU 1 B ENTS
FOLLOW"
6 0
the necessary investigation and employ counsel of the Lessee's own selection, for
the necessary defense of any claims. The Lessor, at its option, shall retain its
own counsel at its sole cost and expense (in addition to the provisions as herein -
above set forth).
XV. UTILITIES
The Lessee shall be solely responsible to pay for all utilities
used by Lessee.
XVI. EXAMINATION OF THE PREMISES BY THE LESSOR
The Lessee agrees to permit the Lessor, by its designated personnel,
to enter upon the leased premises at any time for any reasonable purpose.
XVII. NOTICES
Notices from the Lessee to the Lessor shall be deemed duly served
if mailed by P,egistered or Certified t1ail addressed to the City Manager, City of
Miami, 3500 Pan American Drive, Dinner Key, Miami, Florida 33133, or to such
other respective persons or addresses as the parties may hereafter designate to
each other, by notice, in the foregoing manner from time to time.
XVIII. BINDING ON SUCCESSORS
The terms and provisions of this Lease Agreement shall, subject to
the provisions of Paragraph X, be binding and inure to the benefit of the successors
and assigns, respectively, of Lessor and Lessee.
XIX. Non -Discrimination
The Lessee agrees that there will be no discrimination against any
persons on account of race, color, sex, religious creed, ancestry or national origin,
in the use of the demised premises and the improvements thereon.
XX. OPTION TO RENEW
Lessee shall have the option to renew this Lease for two (2)
successive ten (10) year terms. In the event of the exercise of such option to
renew, the rent for such renewal term shall be the greater of the following;
1. One hundred twenty percent (120",) of the rent provided
for the period of this Lease, as to the first renewal
period; and one hundred twenty percent (120r;) of the rent,
as to the second renewal period, provided to be paid for
the first renewal period; or
2. The rental during the renewal term for the first and/or
second renewal period, shall be paid in dollars equivalent to
"SUPPORTIVE the
present purchasing power of one thousand five hundred
DOCUMENTSt:•Jenty-seven dollars and ninety-three cents. (S'1,527.9^,).
FOLLOW" -5-
I"
r
The rental for each renewal period shall, at the
discretion of the Lessor, then be determined by dividing the
hasp rental of one thousand five hundred twenty-seven dollars
and ninety-three cents ($1,521.93) by the index number
of wholesale commodity prices for the last date for
which computation has been made in 1980, by the Bureau
of Labor Statistics of the United States Department of
Labor for the month preceding the month in which the
Lease becomes effective and then multiplying that amount
by the index number for the month preceding the first
month of the first year of the first and second renewal
periods, respectively.
The Lessee shall exercise this option to renew by giving
appropriate notice of such intention to the Lessor not less than six (6) months
prior to the termination of this Lease Agreement as to the first SIX (6) year
period and not less than six (6) months prior to the termination of the first
ten (10) year period as to the second ten (10) year period. All the terms and.
conditions of this Lease shall continue in full force and effect during any
renewal period hereof.
XXI. 014NERSIIIP OF IMPROVEMENTS
It is understood and agreed that upon the expiration of this
Lease, or any renewal thereof, as the case may be, the leased premises, including
all improvements erected thereon, such as docks, pilings, buildings, electrical
wiring and connections, and the like (but not limited to such item) but excluding
personal property of the Lessee which is not permanently affixed to the leased
premises, shall be and remain the sole property of the Lessor.
XXII. CAPTIONS
The ca;>tions contained in this Lease Agreement are inserted
only as a natter of convenience and for reference, and in no way define, limit
or prescribe the scope of this Lease .Agreement or, the intent of any provision
thereof.
"SUPPORTIVE
DOC U MI ENTS
-6- FOLLOW"
t
IN WITNESS WHEREOF, the parties hereto have through their proper
corporate officials executed this Lease Agreement the day and year hereinafter
appearing.
DATED THIS DAY OF ,19
ATTEST:
CITY CLERK
(SEAL)
DATED THIS DAY OF
ATTEST:
SECRETARY
SEAL
-7-
CITY OF MIA!11, FLORIDA
A i-'unicipal Corporation of the
State of Florida.
By:
City PAanager
AS TO LESSOR
APPROVED AS TO FORit AND CORRECTNESS:
19
AHERICAN DESIGN AND DEVELOP;'ENT
CORP.-SOUTEiEAST (D/B/A BRICKELL
PLACE for Brickeli Place Marina
By:
VICE PRESIDENT - GE'NERAL MANAGER
AS TO LESSEE
"SUPPORTIVE
DOCUMENTS
FOLLOW"
I
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600
LEASE AGREEMENT
Between
THE CITE' Oi' MI AMI
and
AMERICAN DESIGN AND DEVELOPMENT CORP.-SOUTHEAST (D/B/A
BRICKELL PLACE
"SUPPORTIVE
DOCUMENTS
FOLLOW"
80-561
r . INDEX r
PAGE
I.
DESCRIPTION OF PREMISES .................................
1
II.
TERM .....................................................
2
III.
USE OF LEASED PREMISES ......................................
2
IV.
REPAIRS .....................................................
2
V.
INSURANCE ..................................................
2
VI.
RESTRICTIONS ...............................................
2
VII.
CONSIDERATION ..............................................
3
VIII.
CANCELLATION ...............................................
3
IX.
COMPLIANCE WITH CITY. COUNTY, STATE AND FEDERAL LAW .........
3
X.
ASSIGNMENT .................................................
4
XI.
SIGNS ....................................................
4
XII.
TAXES..................................................1.
4
XIII.
LICENSES ....................................................
4
XIV
INDEMNIFICATION OF THE LESSOR BY THE LESSEE .................
4
XV.
UTILITIES ..................................................
5
XVI.
EXAMINATION OF THE PREMISES BY THE LESSOR ...................
5
XVII.•
NOTICES ....................................................
5
XVIII.
BINDING ON SUCCESSORS .......................................
5
XIX.
NON DISCRIMINATION ..........................................
5
XX.
OPTION TO RENEW ..........................................
5
XXI.
OWNERSHIP OF IMPROVEMENTS
6
..................................
XXII.
CAPTIONS ....................................................
6
SIGNATORY PAGE .............................................
7
EXHIBITA
8
.................................................
"SUPPORTIVE
DOCUMENTS
FOLLOW"
0
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into as of this
day of _ 1980 ,by and between THE CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter called "Lessor", and
AMERICAN DESIGN AND DEVELOPMENT CORP.-SOUTHEAST (D/B/A BRICKELL PLACE), a
corporation under the Laws of Florida, with principal offices in the City of
Miami, hereinafter called "Lessee".
W I T N E S S E T H :
I. DESCRIPTION OF PREMISES
The Lessor hereby leases unto the Lessee for the purposes and
and under the conditions hereinafter set forth, the following described
Bay Bottom Land located in Biscayne Bay, City of Miami, Dade County, Florida,
to wit:
A marine parcel of Bay Bottom lying Southeasterly of
and adjacent to Lots 58 through 62, Block "B"
Mary and William Brickell Subdivision, as recorded
in Plat Book B, at Page 96 of the Public Records of
Dade Count, Florida, being more particularly described
as follows:
Commence at the point of intersection of the
Northeasterly boundary of Lot 53 of the aforesaid plat
of Block "B" Mary and William Brickell Subdivision with
the established bulkhead line as recorded in Plat Book
74 atPage 3 of the Public Records of Dade County,
Florida; thence South 56 degrees, 54 minutes, 11 seconds
West along said bulkhead line for 717.30 feet to the
point of beginning of the herein described marina
parcel.
Thence South 37 degrees, 09 minutes, 46 seconds East
for 160.58 feet; thence South 52 degrees, 50 minutes,
14 seconds West for 68.00 feet; thence North 37 degrees,
09 minutes, 46 seconds West for 165.42 feet; thence
North 56 degrees, 54 minutes, 11 seconds East for 68.17
feet to the point of beginning, containing 11,084
square feet, of which 1686 square feet are to be
occupied by structures and 9398 square feet are open
water.
-I-
"SUPPORTIVE
DOCUMENTS
FOLLOW"
10
The term "leased premises", as hereinafter used, shallg unless
the context otherwise requires, be deemed to include the lands hereinabove
described, together with the improvements erected and to be erected thereon,
including all appurtenances thereto, whether or not physically attached.
II. TERM
The term of this Lease Agreement shall be SIX (6) years, beginning
on the day of 1980 , and terminating on the day of
1986 .
III. USE OF LEASED PREMISES
The leased premises are to be used by Lessee for the construction,
operation and maintenance of Docking Facilities and a maneuvering area for berthing
vessels.
IV. REPAIRS
The Lessee shall maintain and supervise the leased premises and the
waters above same, and shall keep the Docks and Mooring Piles in a safe condition,
and shall and does hereby assume full and complete responsibility for injury,or
damage suffered by, or caused to any person or property within or upon the leased
premises and resulting from the construction, use or operation of the leased premises,
or failure to maintain such premises in a safe condition, or any negligent act or
omission to act on the part of the Lessee or any officer, agent or employee thereof,
except such injury or damage as may result from an act of God. The Lessee hereby
agrees to hold harmless the Lessor and its officers, agent.or employees of and
from any liability or claim whatever arising out of or in connection with the
construction and use of the leased premises and/or any part thereof.
V. INSURANCE
The Lessee shall obtain a policy of general liability insurance
in the amounts of not less than Three Hundred Thousand Dollars ($300,000.00) per
occurrence for bodily injury, and Fifty Thousand Dollars ($50,000.00) per occurrence
for property damage, for the use, benefit and protection of the Lessor, and/or its
officers, agents and employees, the insurance company to be approved by the Lessor,
and a copy of each policy of insurance to be filed with the Lessor. The Lessor
shall be named in each such policy of insurance as an additional or secondary insured.
VI. RESTRICTIONS
A. There shall be no gas or diesel pumps on the Docks.
B. There shall be no commercial use of the Marina.
"SUPPORTIVE
DOCU 'Y" ENTS
FOLLOW"
i
C. There shall be no accessory use store at the Marina site.
D. There shall be no living aboard vessels
E. There shall be no House -Boats permitted to dock at this
facility at any time.
F. It is agreed that Resolution Number 75-75 Passed and
Adopted January 23, 1975, attached hereto, shall become a
part of this Lease Agreement.
VII. CONSIDERATION
The annual Rental payable by the Lessee shall be the sum of one thousand
five hundred twenty-seven dollars and ninety-three cents ($1,527.93). In addition to
rental, the Lessee shall pay to the Lessor the total amount of any state sales
tax applicable to such rental. Rent shall be due and payable before the effective
date of the commencement of this Lease, and thereafter on each anniversary date
thereof throughout the term of this Lease.
VIII. CANCELLATION
In the event of a default on the part of the Lessee in the
performance of any obligation created by this Agreement or said Resolution Number
75-75, the Lessor shall have the right to serve upon the Lessee a Notice calling
attention to the particular default or defaults complained of, and demandi6g the
termination thereof, and in event of the continued existence of said default or
defaults for a period of thirty (30) days, (except in case -of non-payment of
rent, as to which ten (10) days shall be applicable) from the time of the giving of
such notice by Lessor, the Lessor shall have the right to serve a further notice
of Lessor's election to exercise the option hereby granted to Lessor to terminate
this Lease Agreement and, if said default or defaults shall then continue after a
period of fifteen (15) days from the giving of said notice of election, Lessor
shall have the right, without further notice, to re-enter and take possession of the
le4scd premises and all improvements thereon, with or without Judicial process, and
to terminate this Lease Agreement.
IX. COMPLIANCE WITH CITY, COUNTY, STATE AND FEDERAL LAW
The Lessee shall comply with all rules, regulations and laws of
the City of Miami, Dade County, the State of Florida, or the United States
Government, now in force or hereafter to be adopted. Any material failure to comply
with any such rule, regulation or law shall be deemed to be a default on the part
of the Lessee.
-3-
"SUPPORTIVE
DOCUMENTS
FOLLOW"
0 561
X. ASSIGNMENT
Lessee shall have the right (one time and one time only) to
assign this Lease, in whole or in part, to the Brickell Place Marina, Inc., or to
another non-profit Florida marina facility. Except as so provided, the Lessee
shall not assign sublease or underlet the demised premises or any part thereof
without prior written consent of the Lessor, which consent shall not be unreasonably
withheld.
In addition, Lessee and/or Lessee's assignee, if any, shall have the
right to allocate individual marina slips located upon the demised premises, to
condominium owners of Brickell Place.
XI. SIGNS
The Lessee shall not permit any signs or other advertising to be
used or displayed on the leased premises or on the improvements located thereon,
without obtaining the written consent of the Lessor.
XII. TAXES
The Lessee agrees to pay any and all ad valorem taxes levied -and
imposed on the real property legally described in this Agreement, and upon any
improvements constructed thereon by the Lessee and further agrees to pay all taxef
on personal property which may be levied and imposed on said demised premises
during the term of this Lease.
XIII. LICENSES
The Lessee shall obtain and pay for all the necessary licenses
required for the operation of the facilities provided for in this Lease Agreement.
XIV. INDEMNIFICATION OF THE LESSOR BY THE LESSEE
The Lessee covenants and agrees to indemnify and hold harmless the
Lessor, its officers, agents and employees, from and against any and all claims,
suits, actions, darrages or causes of action arising during the term of this Lease
Agreement, for any personal injury, loss of life, or damage to property sustained
in or about the leased premise, by reason of, as a result of, or arising out of the
Lessee's occupancy thereof, and from and against any orders, judgments, or decrees
which may be entered therein, and from and against all costs, attorneys' fees,
expenses ant 'abilities incurred in and about the defense of any such claim and the
investigation thereof; provided, however, that before the Lessee shall become liable
for any such cost, the Lessee shall be given Notice in writing that the same are
about to be or may be incurred, and the Lessee shall have the option itself to make
issUPPORTIVE
DOCW-JAIENTS
-4- FOLLOW"
the necessary investigation and employ counsel of the Lessee's own selection, for
the necessary defense of any claims. The Lessor, at its option, shall retain its
own counsel at its sole cost and expense (in addition to the provisions as herein -
above set forth).
XV. UTILITIES
The Lessee shall be solely responsible to pay for all utilities
used by Lessee.
XVI. EXAMINATION OF THE PREMISES BY THE LESSOR
The Lessee agrees to permit the Lessor, by its designated personnel,
to enter upon the leased premises at any time for any reasonable purpose.
XVII. NOTICES
Notices from the Lessee to the Lessor shall be deemed duly served
if mailed by Registered or Certified Mail addressed to the City Manager, City of
Miami, 3500 Pan American Drive, Dinner Key, Miami, Florida 33133, or to such
other respective persons or addresses as the parties may hereafter designate to
each other, by notice, in the foregoing manner from time to time.
XVIII. BINDING ON SUCCESSORS
The terms and provisions of this Lease Agreement shall, subject to
the provisions of Paragraph X, be binding and inure to the benefit of the successors
and assigns, respectively, of Lessor and Lessee.
XIX. Non -Discrimination
The Lessee agrees that there will be no discrimination against any
persons on account of race, color, sex, religious creed, ancestry or national origin,
in the use of the demised premises and the improvements thereon.
XX. OPTION TO RENEW
Lessee shall have the option to renew this Lease for two (2)
successive ten (10) year terms. In the event of the exercise of such option to
renew, the rent for such renewal term shall be the greater of the following:
1. One hundred twenty percent (120%) of the rent provided
for the period of this Lease, as to the first renewal
period; and one hundred twenty percent (120%) of the rent,
as to the second renewal period, provided to be paid for
the first renewal period; or
2. The rental during the renewal term for the first and/or
second renewal period, shall be paid in dollars equivalent to
"SUPPORTIVE the present purchasing power of one thousand five hundred
DOCUMENTStt:jent•;-seven dollars and ninety-three cents. (S1,527.93).
FOLLOW" -5-
f-
The rental for each renewal period shall, at the
discretion of the Lessor, then be determined by dividing the
hasp rental of one thousand five hundred twenty-seven dollars
and ninety-three cents ($1,527.93) by the index number
of wholesale commodity prices for the last date for
which computation has been made in 1960, by the Bureau
of Labor Statistics of the United States Department of
Labor for the month preceding the month in which the
Lease becomes effective and then multiplying that amount
by the index number for the month preceding the first
month of the first year of the first and second renewal
periods, respectively.
The Lessee shall exercise this option to renew by giving
appropriate notice of such intention to the Lessor not less than six (6) months
prior to the termination of this Lease Agreement as to the first SIX (6) year
period and not less than six (6) months prior to the termination of the first
ten (10) year period as to the second ten (10) year period. All the terms and
conditions of this Lease shall continue in full force and effect during any,
renewal period hereof.
XXI. OWNERSHIP OF IMPROVEMENTS
It is understood and agreed that upon the expiration of this
Lease, or any renewal thereof, as the case may be, the leased premises, including
all improvements erected thereon, such as docks, pilings, buildings, electrical
wiring and connections, and the like (but not limited to such item) but excluding
personal property of the Lessee which is not permanently affixed to the leased
premises, shall be and remain the sole property of the Lessor.
XXII. 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 provision
thereof.
-6-
"SUPPORTIVE
DOWAMENTS
FOLLOW"
IN WITNESS WHEREOF9 the parties hereto have through their proper
corporate officials executed this Lease Agreement the day and year hereinafter
appearing.
DATED THIS DAY OF ,19
CITY OF MIAMI, FLORIDA
A Municipal Corporation of the
State of Florida.
By:
ATTEST:
CITY CLERK
(SEAL)
City Manager
AS TO LESSOR
APPROVED AS TO FORM AND CORRECTNESS:
DATED.THIS DAY OF 19
AMERICAN DESIGN AND DEVELOPMENT
CORP. -SOUTHEAST (D/B/A BRICKELL
PLACE for Brickell Place Marina
By:
VICE PRESIDENT - GENERAL MANAGER
AS TO LESSEE
ATTEST:
SECRETARY
SEAL
-7-
"SUPPORTIVE
DOCUMENTS
FOLLOW"
rn
co
-4
32.