HomeMy WebLinkAboutR-80-0585RESOLUTION NO 8 0- 5 8 5
A RESOLUTION OF INTENT TO ENTER INTO THE
PROPOSED ATTACHED LEASE AGREEMENT WITH
BAYSHORE PROPERTIES, INC., FOR THE
REDEVELOPMENT AND LEASE OF CITY WATERFRONT
PROPERTY COMMONLY KNOWN AS THE COCONUT
GROVE MARINA (KELLY PROPERTY) FOR PARK
AND RECREATIONAL PURPOSES, SUBJECT TO
ADEQUATE FINANCING BEING SECURED AND TWO
APPRAISALS BEING RECEIVED INDICATING THE
CITY IS RECEIVING A FAIR RATE OF RETURN,
IN ACCORDANCE WITH THE TERMS AND CONDITIONS
SET FORTH THEREIN.
WHEREAS, the City Commission authorized the City Manager to advertise
for public bid proposals for the development of the property commonly known as the
Coconut Grove Marina for park and recreational purposes; and
WHEREAS, the Commission finds that Miami is a year round vacation resort
and that its parks and recreational facilities must supply adequate recreational
opportunities not only for its citizens but for tourists and visitors as well; and
WHEREAS, the Commission finds that the Dinner Key Master Plan calls for
the commercial use of the property commonly known as the Coconut Grove Marina; and
WHEREAS, the Commission finds that the proposal of Bayshore Properties, Inc.,
can provide the best use of the subject property for park and recreational purposes
in accordance with the recommendations of the Dinner Key Master Plan and the needs of
the public; and
WHEREAS, the Commission finds that the proposal by Bayshore Properties, Inc.,
to spend at least two million dollars to redevelop the property provides an attractive
method for financing a public project, and
WHEREAS, the City Commission by Resolution No. 76-749 authorized the City
Manaqer to commence negotiations with Bayshore Properties, Inc., for the lease and
redevelopment of the property commonly known as the Coconut Grove Marinas for Park
and Recreational purposes; and
WHEREAS, the Commission finds that the negotiations have produced a proposed
lease for the subject property which fulfills the park and recreational purposes so
desired, including but not limited to the securing of the use of the waterfront in and
to the public; and
WHEREAS, the City Administration has solicited proposals for the appraisal of
the Coconut Grove Marina property.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA: "DOMWENT INDEX CITY
ITEM No. 23 COMMISSION
14S U PPn �'� MEET'tNG OF
.Ji ► ! IVE JUL2) 4 19e.0
DOCUMENTS ...g.o 5
,� ••...........
FOLLOW
or
Section 1. The City Commission hereby indicates an intent to authorize
the City Manager to enter into the proposed attached Lease Agreement with Bayshore
Properties, Inc., for the redevelopment and lease of City Waterfront property
commonly known as the Coconut Grove Marina (Kelly Property) for Park and Recreational
purposes, subject to adequate financing being secured and two appraisals being
received indicating the City is receiving a fair rate of return, in accordance
with the terms and conditions set forth therein.
PASSED AND ADOPTED this 24
�=T: c- e
R L H NGIE, CITY CLERK
PREPARED AND APPROVED BY:
S NY
D AS TO FQRM AND CORRECTNESS:
CITY ATTORNEY
day of July 1980.
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
"SUPPORTIVE
D0-Ct ['J1ENTS
Page 2 of 2 FOLLOW"
80-585
31. ASSIGNMENT AND SUBLETTING OF PRI IISES
32. BINDING ON SUCCESSORS
33. INVENTORY
34. OWNERSIIIP OF IMPROVEMENTS
35. EXPIRATION
36. ENTIRE; ACREf:MENT
37. CAPTIONS
"SUPPORTIVE
DOCUMENTS
i` FOLLOW"
This LEASE AGREEItENT made the
LEASE' AGREFNEI1T
day of , A.D.
1980, between the City of Miami, a Municipal Corporation of the State of Florida,
hereinafter called the City, and Bayshore Properties, Inc., a Florida Corporation,
with offices in 2460 South Bayshore Drive, Miami, Florida 33133, hereinafter re-
ferred to as the Company.
wIy:t,s5{:"fll
UIEREAS, the city of Miami has advertised for and received development
proposals by bid invitation for the lease of what is known as the Kelly property;
and
WHEREAS, the City of Miami desires redevelopment and utilization in general
accord with the Dinner Key Ma -,ter Plan; and
IAIERFAS, the redevelopment proposal as presented by the Company, is in the
best interest of the public; and
1411ERF.AS, the redevelopment proposal is related to waterfront activities
of a commercial or recreational nature; and
14111"REAS, the City Commission in Motion No. 16-660 requested the City ?tanager
to negotiate with Bayshore Properties, Inc. for development of Coconut Grove
Marina properties located at 2550 South Bayshore Drive and submit a recommendation
to the City Commission for its consideration.
NOW, THEREFORF, in consideration of the premises and the mutual covenants
and conditions herein contained, it is agreed by the parties hereto as follows:
"SUPPORTIVE
DOCL ENTS
FOLLOW"
1
1.EASE AGREI:IEN'P
TABLE; OF CONTRtNTS
PREAMBLE
1. DESCRIPTION OF PRDIISES
2. TERM
3, USE OF PROPERTY
4. NON—DISCRIMINATION
5. PUBLIC ACCESS TO Tm-'. tdATI:RFRONT
6. REDEVELOPMENT PLANS
7. PE101ITS
8. CONSTRUCTION SURETY BOND
9. LICENSES
10. TAXES
11. PARKIN(,
12. EASEMENT FOR WATI'.R TAXI OR TRAM S'rATION
13. CONS IDFPWrION
14'.' PERFORMANCE BOND — CASH DEPOSIT
15. ACCOUNTING
16. BOOKS, RECORDS, ACCOUNTS AND STATEMENTS
17. EXAMINATION BY THE CITY
18. DEFAULT
19. CITY'S RIGHT TO CANCEL
20. NOTICES
21. ATTORNEY FEES
22. INSURANCE
23. INDEMN IF ICATIOt'S
24. DAMAGE OR LOSS TO COMPANY PROPERTY
25. DESTRUCTION OF PROPERTY
26. BUILDING MAIN'rF.tNANCI:
27. U1'ILITII:S
28. PURE FOOD ANND SANITARY LAWS
29. CONFORMITY TO THE LAW
30. PLED(;I: OF LEASEHOLD INr)•;R1:S'r
"SUPPORTIVE
DOCUMENTS
I
FOLLOW"
LL J1. Al;fik:l:A1L'n'I'
a•l wevil
i
THE CITY O mIAMI
BAYSHORE PROPERTIES, C.
"SUPPORTIVE
DOCU f I ENTS
FOLLOW"
E
City propert> >ocated at 2546 - 2558
So. Bayshore Drive, The Kelley Property
a/k/a The Underwood Marine Property
a/k/a Coconut Grove Marine Properties, Inc.
a/k/a Coconut Grove Marina, Inc.
Background
As far as can be determined from existing records, the City's
involvement with this property commenced with a lease agreement between
the City and Coconut Grove Marina, Inc., dated April 27, 1970, for the
construction and operation of docking facilities on .87 acres of City
owned baybotton land adjacent to this property that what was then known as
the Kelly Property. The term of this agreement was for ten years from
4/27/70 to 4126/80, authorized by Resolution No. 41358 passed and adopted
2/26/70.
The docks were built after the trustees of the Internal Improvement
_. Trust Fund granted permit OPD-1841 on October 5, 1970, the Army Corps of
Engineers issued permit N70-416 on November 4, 1970, and the City's
Public Works Department issued Permit N30 on November 24, 1970.
A verbal legal opinion by Jack R. Rice, Assistant City Attorney no-ted in
this file, dated November 20, 1970, that it was not necessary to secure
formal waiver of deed restrictions since the trustees of the Internal
Improvement Fund had already issued a construction permit.
The lease agreement dated 4/27/70 covering the dockage facility entered
in a default situation due to non payment of consideration due the City,
for the period ending 12/23/73, the balance outstanding was $4,443.59.
This amount was later credited (deducted) in the satisfaction of court
ordered payments, part of the acquisition proceeding.
In 1972, this property was appraised at the request of Coconut Grove Marine
Properties, Inc., by T. W. Slack 5 Son. The fair market value, in the
opinion of the appraiser was $950,000.00. The City paid this amount at
the tim... of acquisition.
In June 1973, as part of the Dinner Key Master Plan, this property was
targeted for acquisition. The City under Civil Case #73-15433 was the
court action to acquire the property through condemnation. The final
judgment and order was issued January 30, 1974, later modified on
February 4, 1974. The City paid $950,000.00 for this property, plus
other costs. The court allowed Underwood Marine, tenant of the facility,
to occupy the premises without any leasehold interest for a period of one
year terminating January 30, 1975. The payment to the City as ordered was
established at $2,835.00 per month for 16 boat slips and a portion of the
buildings.
The City took possession of the facility on July 31, 1974, and persuant to
the court order the City reimbursed Coconut Grove Marina for capital
improvements in the leased area, and additionally paid relocation expenses
in the amount of $61,850.15. as authorized by Resolution 74-1388 passed
and adopted December 17, 1974.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
e
Other minor changes have been made throughout the agreement to correct spelling
and punctuation.
Since all of the above major changes have been discussed and agreed on, verbally,
we feel that you should find the attached document to your approval.
The agreement will be discussed at the Waterfront Board meeting on July 9, 1980,
and at the City Conmission Meeting on July 24, 1980. At the City Commission
Meeting, we will be recommending a resolution of intent to execute the agreement
as currently written, pending the results of two independent appraisals as
required by Charter Amendment #1, and verification of a financing committmbnt
being obtained by the Company for the project.
Sincerely,
�1
/J mes E. Gunderson
/ Finance Director
JEG:WHH:bf
cc: Richard L. Fosmoen, Assistant City Manager
Lease Manager
Page 2 of 2 «SUPPOPTIVE
DGGU, N T S
FOLLOW"
r80_ r'95
�v
p MC0 JOS[PFI R. GRASSIE
O City Manager
July 9, 1980
David Block, Attorney
Office in Grove
Suite 800-B
2699 South Bayshore Drive
Miami, Florida 33133
Dear Mr. Block:
Enclosed is the draft of the proposed lease agreement between the City of
Miami and Bayshore Properties, Inc., for the Kelly property.
This draft is substantially the same as the draft prepared in March 1980,
however, you should be aware of the following changes:
Paragraph 6 - Redevelopment Plans
The minimum expenditure for the building was changed from $1.4 million to
$2.0 million based on your conversation with the City Manager and Dick Fosmoen,
and based on architect projections. Additionally, the amount of $400,000.00
was specified for improvements to the parking site.
Paragraph 11 - Parking
As mentioned in paragraph 6, the amount for parking site development is specified
to be "not less than $400,000.00". Also added was a sentence specifying that
adequate insurance for the tram service must be provided by the Company.
Paragraph 13 - Consideration
The changes in wording represent editorial changes suggested by the City Attorney's
Office designated to clarify and further define intent without changing the
substance of this paragraph.
Paragraph 22 - Insurance
An addition clause (labled "d" in the attached draft)has been added to cover
insurance requirements for the tram service. No specific amount has been stated
because of the time lag between execution of the agreement and inception of the
tram service.
"SUPPORTIVE
Page 1 of 2 DOCUMENTS
FOLLOW"
iI♦lk%( I IMI ART%1I\T'TIra.ur, Management 0—f,On, 6S $ A 1st Sueet. )rd 1l.,ovA/,anti V—'(fa ti110 110S %'16'11
M—
BAYSHORE PROPERTIES, INC - CONSIDERATION SUMMARY
DEVELOPMENT
PHASE I
BEGINS: On execution of agreement
ADS: Date of certificate of
occupancy issued
PAYMENT SCHEDULE
Due Monthly
8% gross receipts to $83,333.33 rao.
lOK gross receipts above $83,333.33 mo.
PLUS
,0.025 per gallon fuel sold
PLUS
15`= aross receipts dockage and
dry storage
*
51.0 million annually
START UP
PHASE II
BEGINS: Date certificate of
occupancy issued
ENDS: 12 months after certificate
of occupancy issued -
OR
Month premises are 90
occupied (Based on Floor
space)
PAYMENT SCHEDULE
BEGINS:
ENDS
W
w
E--z�
��O
a�-1
r-1 0
Due Monthly --� 0 L ..
The Greater of: W 0
1112 of S%,144. (minimum
guarantee) multiplied by
percentage occupancy
OR
8`: gross receipts to 583,333.33
MO.
107< gross receipts above
$83,333.3? mo.
PLUS
$0.025 per gallon fuel sold
PLUS
15 aross receipts dockage and
dry storage
C�
COMPLETION i�•
PHASE III C
. GO
12 months after certifica*
of occupancy issued
OR
Month prerises are 90:..
occupied (Based on floor
space)
May 31, 2007 (end of
agreement)
PAVE ENT SCHEDULE
Due ttonthly
The 'treater of:
1112 of S96,14
(minimum guarantee)
OR
C- nr^ss receipts to
S93,333.33 ro.
10`: gross receipts above
583,333.33 no.
PLUS
SO.025 per gallon fuel sold
PLUS
15" gross receipts
dockage and dry storage
�z
III. CONSIDERATION
A minimum annual
guarantee or a
percentage of gross
receipts, whichever
is greater for the
marina, the upland
property and
structure, thereon,
or a combination
thereof.
A minimum annual guarantee
of $61,500.00* or 8% of
gross receipts to
51,000,000,00, 10% in excess
of $1,000,000.00 only when
75% occupied or after one
year whichever comes first.
*Later changed to $86,144.00
year and the percentage
rental modified to be applied
only to the net receipts
after certain expenses
were deducted.
A minimum annual
guarantee of
586,144.00 or 8% of
gross receipts to
$1,000.000.00.
10% of gross receipts
in excess of
$1,000,000.00 payable
monthly. Commencing
when the certificate of
occupancy is issued or
one year after, or when
90% occupied based on a
formula that allows for
a development construction
period.
Additionally, the company shall provide a tram service, during normal hours of
operation, from designated parking areas to the leased premises, at its sole cost
and expense.
The Company shall expend not less than $400,000.00 in the redevelopment of the
designated parking site.
The redevelopment of the docking facilities and improvements to the leased premises
shall require an expenditure by the Company of not less than two million dollars.
The Company shall provide copies of paid invoices identifying the expenditures for
improvements to the property. A report of the expenditures shall be submitted
quarterly to the City.
Pursuant to the newly adopted Waterfront Charter Amendments a solicitation for
Appraisal of the property has been made. The appraisers are being asked, based on
the estimated value, to determine if the City is receiving a fair rate of return
under the terms and conditions of the proposed lease agreement.
The Miami Waterfront Advisory Board reviewed the proposed draft of the lease at its
July 9, 1980, meeting. The Board recommends that the City Commission accept in
concept and principle the proposed lease between the City and Bayshore Properties, Inc.
«SUPPORTIV
DO E
�U�4ENTS
FOLLOW),
Joseph R. Grassie
City Manager
'James E. Gunderson, Director
l' Finance Department
July 11, 1980 r1C
Proposed Lease to Bayshore
Properties, Inc., for Coconut
Grove Marina (Kelly Property)
The City staff has negotiated a lease
with Bayshore Properties, Inc., for the
redevelopment and lease of the property
-' known as the Coconut Grove Marina (Kelly
Property) for park and recreational -
purposes pursuant to Resolution 76-746.
It is recommended that the proposed lease
be approved by the City Commission.
Negotiations have been in progress between City staff and the Attorney representing
Bayshore Properties, Inc. The current draft of the proposed lease document reflects
what was discussed as part of motion 76-660 which requested -the City Manager to
nenotiate with Bayshore Properties, Inc., for the development of Coconut Grove
Marina properties located at 2550 South Bayshore Drive and submit recommendations to
the City Commission for its consideration. Later, the City Commission by
Resolution 76-746 further authorized the City Manager to commence negotiations with
Bayshore Properties, Inc. for the lease and redevelopment of the property.
Attached for reference, in addition to the proposed lease, is a synoptic historical
background of the property and information relating to its bid selection process as
presented to the City Commission in 1976, when the bids were discussed.
The basic elements of this lease and development proposal can be summarized as
follows:
CITY'S PROPOSAL BAYSHOP,E PROPERTIES PRESENT DRAFT DOCUMENT
GUIDELINES PROPOSAL
I. TERM
8 year lease 30 year plus two 27 years. Concurrent
or 5 year extensions . with the lease on the
Optional term . adjacent property.
II. USE
Confined to water- Restaurant & refreshment Substantially the same
front related stand Marina Boat rentals as proposed, but re -
activities of a and specialty shopping quiring the company to
commercial or center in existing building. directly control & operate
r reational nature. the Marina, as in the
r� � r I '. ; ! !,+l� ajoininq property.
U , J , V I NTS Page 1 of 2 $0-585
FOLLOW
■
1. Dr5C11,I11TIt►;i OF PRI"MISK"S
The City hereby leases unto the Company for the purpose and tinder the
conditions hereinafter set forth, the following real property and bay bottom
lands, located on Biscayne Bay, City of Miami, Dade County, Florida, legally
described as follows:
According; to Exhibit A attached hereto
and made a part hereof.
2. TI:R?1
The Terni of this Lease Agreement steal I comixnce on the day
of A.D. 1930, and shall end on the 31st day of May, A.D. 2007.
3. US1: OF 11ROP1-i.TrY
The Company will develop, manage, and promote the property to prospective
tenants in such a riveter that will offer th essential services required and
encourage public enjoyment, u•;e, and partici ation so as to make the project
financially feasible to hoth the Company and the City, as well as to reach the
objectives of the Dinner Rey "taster Plan.
The Company covenants and agrees to provide each and every service as..
required in its use of the property, as hereinafter listed, if allowed by law;
and subject to the issuance of a certificate of use and occupancy with City
zoning approval. The required services wig be provided during; the entire term
of this lease unless and until the Company files a kequest in writing for per-
mission to discontinue a use or service/nds
d the reaso s therefor and said per-
mission is granted by the City Manager.he City Mtana er shall only permit dis-
continuance of a service or use if he f that it is n longer essential and
that the discontinuance of said servicgls or use is in the kreater interest of
the public.
R
Specific services required in the use of the property:
1. A restaurant
2. A refreshment stand
3. A marina, including; an adequate number of spaces for transient vessels
4. Boat rentals
In addition the following; list of uses may be provided for by the Company
or the tenant of the leased premises:
1. Bait and tackle shop
2. Convenience food store "SUPPORTIVE
DOCUMENTS
2 FOLLOW"
r '%.
3. Marine supply store, including, diving; gear
4. Outboard motor sale and incidental service
5. Marine clothing sales
6. Marine furniture sales and incidental manufacturing
7. Boat tours
8. Fishing area
9. Sporting goods Store
10. Antique store
11. Art galleries and hook store open to the general public
12. Bakery
13. Bicycle sales and repair
14. Penny arcade
15. China and crockery
16. Confectionery or ice cream store
17. Clothing;
18. Photographic sales
19. Gift shop
20. }lobby shop
21. Jewelry and watch sales, repair and service
22. Leather goods — sales and incidental assembly and repair
23. Lounges
24. flews stand or sundry
25. Barber shop, beauty parlor, and shoe polishing; stand
26. Travel and ticket agency
. 27. Sailmaker
28. Arts and crafts
29. Office for management and rental of the property
30. Marine fuel pumps
31. Any related or allied uses to the above if approved by the Citv tianager
which approval may not he unreasonably withheld. All Mirina operations,
including; rental of all boat slips shall he controlled and operated by the
Company unless the consent of the City Manager is g',ivL-n in writing, to do
otherwise on such conditions as are mutually agreeable to the City Manager
and the Company.
"SUPPORTIVE
DOCUI ENTS
FOLLOW"
4. NOY-DISCRIMINATION
The Company agrees that there will be no discrimination under any circum-
stances against any person on account of race, color, sex, religious creed,
ancestry, or national origin desiring to use the demised premises and the im-
provements thereon. It is expressly tmderstood that upon proof of discrimin-
at ion the City shall have the right to terminate this Lease Agreement. Any such
acts will be considered a default under the terms and conditions of paragraph 18.
5, PUBLIC ACCESS To THE, WATI;RI'RONT
The public shall be allowed access to the waterfront areas of the leased
premises and all facilities located on the leased premises shall be available
to the public, subject to the right of the Company to establish and enforce
rules and regulations to provide for the orderly operation, security, and public
safety of said facilities. A copy of all rules and regulations and any changes
occurring; therein shall be subject to the approval of the City ?tanager.
6. RVIDEVVLOPI IFNT PLAN",
The Company agrees to redevelop the property in substantial accordance with
plans and specifications furnished in its public proposal as may be allowed by
law.. The redevelopment of the docking; facilities is anticipated by the Company.
If by law dredging; and/or land fill is not permitted, this will not substan-
tially alter the remaining overall project, and a boardwalk would still border
the bayfront. The developmental plans of the Company must complement the overall
design and planning of the Coconut Grove Dinner Key area. Any waiver by the
City of the execution of any part of the proposed plans shall not be construed
to be a waiver of any other part of such plan. The Company agrees that no
structure of any kind now existing; on the premises shall be altered or any ;,ew
structure erected upon the demised premises unless the plans therefor shall have
been approved by the City 'tanager and the Director of the Building Inspection
Department of the City, which approval shall not be unre.v;onably withheld.
Composite Fxliibit "II" attached hereto describes the plans and specifications
furnished in the Companv's proposal.. It is agreed that the improvements to the
property, a,; described in paragraph 1, and to be made by the Company, will
rerl,iire the expenditure of not legs than Two MiIlion [lot tars ($2,000,000.00).
'Chic sum does; not include the expenditure for improvements to the parking site
as described in paragraph 11, said sum, which is not to be less than Four
Hundred Thousand Dollars ($400,000.00), is to be in addition to the Two Million
Dollars ($2,000,000.00) improvements of this paragraph. The Company will submit
copies of paid invoices corresponding; to improvements in accordance with para-
graphs 15 and 19. DOCUMENTS
4 "SUPPORTIVE FOLLOW"
The City agrees, within 90 days after the execution of this lease, to provide
adequate water and sanitary sewage lines to the property line in accordance
with normal City services. The Company shall have the responsibility of ensuring
and providing; for adequate 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 boardwalk, as proposed in the Company's proposal document (Composite
Exhibit "B"), shall he constructed in accordance with the design standards set
forth in the Dinner Key Recreation Center Exhibition hall Plaster plan and shall
be constructed by the Company. The public shall have free and unobstructed use
of the boardwalk as a passageway. Said boardwalk shall he completed prior to
the issuance of a certificate of occupancy for the proposed project.
7. nItPtITS
The Company agrees to have final plans prepared which will comply with all
pertinent provisions of the South Florida Building; Code and the ordinances, rules
and regulations of Dade County and the City of Itiami. The Company agrees that
no structure of any kind now existing on the premises shall he altered or a new
structure erected upon the herein described premises unless the plans for said,
construction have been approved by the City 'tanager and the Director of
Building and Zoning Inspections Department of the City, which approval shall not
be unreasonably withheld.
As a condition to this Lease the Company shall obtain at its sole cost
and expense all permits, approvals, and related documents from any and all
Federal, State, and local governwents and agencies requiring; them for the con—
struction, 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 leased premises.
B. CONSTRUCTION S1:(X1tI'1'Y Rl ND
The Company shall, prior to the commencement of construction or the award—
ing of any contract for construction on the premises by the Comp•tny or any agent
of the company, furnish the City with it Construction fond in the amount of
$750,000.00 naning; the City as the owner and the Company as the principal. The
conditions of this bond shall he to ensure that the Company will: (1) promptly
make payment to all claimants, its defined In Section 255.05 (1) Florida Statutes,
supplying; the principal with labor, materials, or supplies, used directly or
indirectly by the principal in the prosecution of the work provided for in the
r
Agreement; (2) pay the owner all losses, damages, expenses, costs, and attorney s
DOCUMENTS
SUPPORTIVE FOLLOW"
U
I
fees, including appellate proceedings, that the owner sustains because of a
default by the principal under the Agreement, and; (3) performs the guarantee
of all works and materials furnished under the Agreement for the time specified
in the Agreement. This bond may be terminated, with the written approval of
the City Manager of the City, at such time as the proposed construction project
is completed and fully operational and open to the public; and satisfactory
evidence is provided by the Company to the City Manager that all requirements
of the bond have been satisfacto ily concluded. The form of the bond shall
be as approved by the City finance Department, Risk Managvinent Division, and
shall be in conformity with the req irenents of Chapter 255, Florida Statutes.
9. 1.Ir,1SE5
The Company agrees to obtain and hay for all required licenses necessary
for the proposed operation and conduct of his bus Mess, and agrees to comply
i//
with all laws governin;; the responsibility of an/employer with respect to
persons empluyed by the Conpany. It will he the responsibility of the Company
to obtain the necessary liquor licenses to p- it the sale of alcoholic
beverages as permitted by this Agreement. Th� Company may sell all alcoholic
beverages incidental to the restaurant but dilly beer and wine sales will he
permitted from the refreshment stands and c%nvenience food store. All alcoholic
beverages sold in accordance with the prov/isiuns of this Agreement shalI,he
sold in accordance with applicable State Peverage Regulations.
10. TAXES
During the terra hereof, the Compan covenants and agrees to ay all taxes
of whatsoever nature lawfully levied or assessed against the demise premises
and improver►ents, property, sales, ruts or operations thereon, including,
but not limited to, ad valorem taxes{ Pavr►ent thereof shall commence with
and shall include taxes assessed fo / the current year, if any there shall he.
The Company furthor covenants ,►nd I;rees to pay all of the. said taxes, if any,
lawfully assessed, on such dates �s they hecome due and payable. The failure
of ti►e Company to pay the taxes ;is aforesaid shall constitute grounds for the
immediate cancvllation of this Leta>;e Agreement by the City.
11. fARR I'.'c; \
The Company shall meet the lawful off-street parking requirements for the
use of the leased property severally, or in conjunction with any other property
it leases fur use fror.► the City. The City shall provide one or more sites
for :;aid off-street parking. The Company will develop and construct the
parking; on such sites at its expense and according; to the standard specifications
"SUPPORTIVE
DOCUMENTS
#1 ^l 1 ^&•4119
of the City. The expenses of providing; said parkin}; will require .ui expected
expenditure of no less than Four Ilundred Thousand Dollars ($400.000.00) by the
Company and the Company shall submit copies of said invoices pertaining; to im-
provements in accordance with paragraph 15. All parking; so developed shall he
used in common with the public but 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 parking sites to the
subject property. The tram service shall be provided at the sole cost and
expense of the Company, its agents or assigns. The Company shall indemnify
the City in the operation of said tram service as provided in paragraph 23
and shall provide the City with adequate insurance coverage, which is usual
and customary to cover an exposure of this type for the tram service, subject
to the approval of the Department of Finance. Risk Management Division.
12. EAsl:'1P.:rr FOR WATER TAXI Olt TRAM s'rATION
In the event the City decides to provide or grant a franchise to provide a
tram or people mover system for the Dinner Key area. the Company agrees to
permit the City to establish it station and roadway for access for said system
on"the leased property so long as the same does not unreasonably interfere
with the operation of the Company 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 which the Company shall not Unreasonably withhold.
13. CONSIDERATIO'g
I. As consideration for the said leased premises throughout the period of
this lease Agreement. the Company does hereby covenant and agree to
pay the City a minimum annual guarantee of $86,144.00 dollars, a
monthly proration thereof; or a percentage of gross receipts, which-
ever is greater. This portion of the consideration shall he paid in
monthly installments, on the first day of each month as follows:
a.
"SUPPORTIVE b.
DOC;UNIENTS
FOLLOW"
Commencing the first .lay the facility is ninety percent
(1107:;) occitpied (hatted on floor space) or ono year of for the
project receives its certificate of occupancy. whichever
first occurs. the company shall pay to the City .each month,
and every month thereafter, one twelfth (1/12) the total
minimum annual guarantee or;
During the "start up period". herein defined as that period
commencing; after the certificate of occupancy is issued
I
0
lJ
and terminating tw►I ve months thereafter or terminating the
month the facility is ninety percent (90;) occupied, which—
ever occurs first, the Company shall pay to the City each
month a prorated percentage of monthly installments of the
minimum annual guarantee equal to the percentage of occu—
pancy, or;
c. During the "development or construction period" herein de—
fined as tl period commencing upon execution of this agree—
ment and to ntnating on the day the certificate of occupancy
is issued, the company shall only pay to the City the per—
centages of gross receipts Herein after formulated and
specific(]. �
As an alternative formula for /ertllian
eration in lieu of the monthly
proration of the minimum annuaantee, if the computation of the
1
percentage of gross receipt. f, as hereinafter formulated or
specified, is found to be gr a the monthly proration of the
minimum annual guarantee on a v given mouth the Company shall pay
the percentage of the gross receipts each month as follows:
a. 8' of gross receipts w ere those gross receipts are less
than One Million Dollar. per vicar. •
h. 10; of said g oss receipt where those gross receipts are
greater tha One Million 1) llars.
II. In addition, as a seiarate portion an additional consideration due
the City, not inclu ed in the hereinabo e percentages of gross re—
ceipts formula, or,/the minimum guarantee, the Company shall also
pay to the City on the first day of each,nxihth, throughout the term
of this agreement the following:
Two and a half cant~ ($0.025) per gallon of fuel sold by the
Company or its Subtenant from the premises in the prior month,
and l�i;'� of gross receipt~ which are collected by the Company from
dockage rental and dry storage of boats at the leased premises in
thr prior month.
The trrm "gross sales" as used herein shall he considered synonymous and
interchangeable with the term "gross receipts" and shall be construed to include
all income, whether collected or accrued, from all business conducted on the
premises by Comipanv, including but not
limited to, the rental of space, the
"SUPPORTIVE
DOCUMENTS
FOLLOW"
sale of food and beverage, Foods and services, or from any s oorce whatsoever.
but excluding; receipts from dockage and gas sales.
Gross sales and/or gross receipts shall only include revenues and/or
percentages of revenues collected or accrued by the Company, and 511a1l be com—
puted on the basis of gross receipts by the Company only. (It shall not be
computed on the basis of gross receipts of tenants, lessees, or sublessees of
the Company (fuel sales excepted). 11owever, any sales taxes imposed by law
which are separately stated to and and paid by the purchaser or user, and are
directly payable to a taxing; authority by the Company, shall be excluded from
gross receipts. Cross sales and/or gross receipts shall also include any
revenues, whether accrued or collected, attributable to anv direct or indirect
participation by the Company or any of its officers or principals in the business
or enterprise of another entity, person or tenant of the property besides the
Company per se, to the extent that such participation entitles Company, its
officers or principals to receive remuneration; and further provided that such
other business or enterprise is done on or "in connection with" the leased
premises provided, however, 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.
The Company shall include. in every remittance to the City, of the monthly
consideration as required, the applicable amount of State of Florida sales
and use tax.
The lessee covenants and agrees that goods and services offered and sold
on the subject property by the Company, its tenants, lessee or sublessee,
shall he regularly audited, during; normal business hours and in a manner in
accordance with paragraph 16, by the City, and that the full amount of gross
receipts attributable to the subject property shall not in any way be diverted
to any other business or enterprise.
14. PEJUM`tAHCI: BONDS
The Company shall post a performance bond in the amount of $10,000.00
with the City within thirty (30) consecutive calendar days after the execution of
this Agreement. Said performance bond shall he issued by a surety company
authorized to do business in the State of Florida and shall be refundable at
the termination of this Agreement if Al terms and conditions of this agreement
have been satisfied. If the performance bond is on an annual coverage basis,
certified evidence of renewal for each succeeding year Shall he submitted to
the Department of Finance, Risk Management Division, thirty (30) days prior
"SUPPORTIVE
DOCUMENTS
to the termination date of the existing; perfornnance bond.
15. ACCOUNTING
The Company shall report all "gross receipts" or sales as previously defined
in paragraph 13 hereof, on or before the 25th day of each month beginning; at the
completion of the first month after the execution of this lease. Each and every
month thereafter, reports shall he made at the office of the Department of
Finance of the City. or at such other place or places as may be designated
hereafter by the City. The Company shall provide a statement in certificate
form signed by a duly authorized officer of the Company. setting; forth in such
detail as it might he necessary or considered necessary by the Director of
Finance of the City to determine the gross sales per month per establishment
in the property, as well as the total gross sales derived from the property.
An additional detailed report of gross sales for the year in conjunctlon with
the payment of the yearly rental fee shall be submitted at the end of the
lease year.
The Company shall submit quarterly reports commencing; 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 Company for making improvements to the property,
equiprient purchases and improvements and expenditures related to improving; the
facility's amenities and services of the property. Such reports shall continue
during; the term of this lease, in order to provide proper accounting; in accord—
ance with paragraph 15 and 19 of this lease.
16. hUUKS, RMO RDS, ACMUNTS At1D STA'rFmr*;'r%
The Company shall keep true, accurate, and complete books. records, and
accounts of all sales, rentals, and business being; transacted upon the premises.
Further, the Company shalt, upon demand, make available all hooks and records,
leases, ag;reoinents, reports and financial statements In any way pertaining; to
the demised property to authorized representatives of the Division of Internal
Audit, or such other authorized representative as the City `tanager of the City
shall designate at the demised property during, normal business hours. The
Internal Auditing; Departmeut of the City shall he furnished any and all records
of the Company necessary to make it full and complete audit of the hooks and
operations of the facilities described in this Lease Agreement.
In addition the Company will provide the City with copies of all sctle't
tax records from anv and all business conducted on the premises.
"SUPPORTIVE
DOCU INn ENTS
'" FOLLOW"
r.
17. F\Ar1Ir;.yril1rI of 'rm-: PRI'?1ISF.S liy 'rm: 1:I'fy
The Company agrees to permit the City, by its City `tanager's designated
personnel, to enter upon the property at any time for any purpose the City
Manager of the City deems necessary or incidental to or connected with the
performance of City's duties and obligations hereunder or in the exercise of
Its rights or functions.
18. DE FAU ur
If the Company abandons or vacates the demised property prior to the ex-
piration of the term hereof, or
If the Company fails to make the rental payments as set forth herein and
said payment is not made within thirty (30) days after written notice is given
to the Company, or
If the Company fails to perform in accordance with any of the other term;
and conditions herein contained, and such default Is not cured within thirty
(30) days after written notice is }riven to the Company, then the City may
re-enter the property and terminate this lease in any manner then permitted
or provided by law. At such time, all improvements erected on the premises
sliAll revert to the City.
In addition to the right to re-enter and terminate the lease, the City,
in case of a breach in the payment of rent or in case of the breach of any
other of the Company's obligations hereunder, shall have all other remedies,
including but not limited to the right to operate the facility and collect
rents directly from tenants or other remedies afforded by the laws of the State
of Florida, including but not limited to, the right to sue for and collect
rent, and to bring distress proceedings. Said remedies may be pursued con-
currently or consecutively and the resort to one shall not be considered an
election.
19. CI"ry's RIcirr To► CANCE.1.
In the event the City requires the premises for different purposes prior
to the expiration of the term of this lease, but only after the first ten
years of the lease tern, the City may elect to terminate this lease provided
that said termination shall not he effective until 360 calendar days after
written notice is delivered to the lessee as provided in this lease. Said
termination shall he subject to and conditioned upon the following; terms and
conditions. Said notice shall specify the date on which this lease shall he
so cancelled. The City shall pav to the lessee as and for full consideration
"SUPPORTIVE
DOCUMENTS
FOLLOW" r
0 0
13
for at*) surA► {Agri!►>M�t�l+,'!1'l'�,+hNi ��.i'lfhcf �lditiitlkdNt514'i rtl'i4►c '�c�l `L�F`ion'A%
following; :pt>KtAR and all furniture, fixtures, equipment, and improvements,
a) litls:l9ttMtij'�4i�ita'�+�ii ; tAxftr�4til�Sf:oV2.t�jel, M�fd'�OtrtfNt"�3,
includit►g; if any, or other financial obligations
wit I c h Cqh a Q(11 tlt pjb 14* q g14i>i qq(J yt (I ri§?J4 : th kl iA )i rFfA ; giro rpHwti�Nr}' wd Of
f inaneink; W1'I'ir ?lid►u thl'�riP�}itc '°It ►4"'!'lfh4>~6ltiJiF, ft�r 4�' :t�2'iLdz{ii�Pment
or other p�gtitilutl��bQ;40t1'>jiie �ILciite�ft'tS R�FfH2`j�'�tj'ttrrytl?t}rJ'►St1R1;bf}'bfjfz'4Ryitecl
in this le4h*in?,W1d
kl)1 �I'Atr`I'lniNitici'trrliJfrc�+'c'c`R�i'���`tItivY�{}�r�i7,nt2�ftlt`�►et4'%?irht%vipany
and to p 1aq*tokiA Q4►t ►'late i�ha(t' d ra'4gci�►�?�: 14 41 aR(�^ 4h "lti4�e ►�� i' +i l
into the ndc,%ehiAeP Mtt%V; ts&l l 6fb(t1klifhcVfift- 1 otr'W&t%p%: ation
Company re$IPugt4i�v%�-E4124 qi dvn&Jk1 tM4►1` p$yaWwydr,rt'1 Wt%iiw.�n ew%lfinme,ny
from any chikk 9(tni**i*W1 011414114tr ."t of this lease by reason of its cancel lation.
20.Wjl'IGF) a City shall be named as an additional insured under the policies
All the p1rti0% at the fol—
lowing)addgts&Ciky shall be given at least thirty (30) days advance written
CITY:notice '
notice of cance�hi4tCt�+Ftyo4f s.Jt,2-. +r)ft�g6W;6r any material modifications
11. 0. Box 33070E
thereof. 'Miami, Florida 33133
%9MI'Alty.ktificates with the Finance Department,
Monty Trainer, President
Risk t•1anagemcnt2hfivi4RHki; $fy'thgt'iR�ii341 'Miami.
Miami, Florida 33133
h) The insurance coverage required shall include those classifications
The City or the Company may change such mailLng; addresses at any time
as listed in standard liability insurance manuals which most nearly
upon giving; the other party written notice. All notices -under this Lease
reflect the operations of the Company.
Agreement mitst he in writing; and shall he deemed to be served when delivered
i) All insurance policies shall be issued by companies authorized to
to the address of the addressee.
do business under the laws of the State of Florida and must he rated
21. ATTORNEYS' FEES
at least "A" as to management and Class "a" as to financial strength,
In the event that it is deemed necessary for L"ither party to i e a
all in accordance with A. Ft. BF,ST's KrY RATING GUIDE, latest edition.
lawsuit in the appropriate court of law in order to enforce any of the terms
j) The City reserves the right to amend the insurance requiremp tits ac—
or provisions of this Lea!;c Agreement, then the prevailing party ,Italy he
cording; to usual and customary standards in the Insurance Industry as
entitled to rvasonable attorneys' fees.
circumstances dictate In order to protect the interest of the City
22. INSURANCL
in this Lease Agreement.
The Company shall maintain during; the term kit this Agreement the following;
k) The Company shall furnish certificates of insurance to the City prior
insurance:
to the commencement of operations, which certificates shall clearly
a) Public Liahility, including; Product~ Liability, Insurance n the
indicate the Company has obtained nsurance in the fyreac� Furst at, and
anonnts of not less than $1,000,00 per occurrence o
classifications as required for trLet compliance with Chis covenant
bodily inj"ry and not less than V;0.000 per occurrence for property
and shall he subject to the approval of the Department of Finance,
damage. "SUPP
Risk Management Division. ORTIVE
DOCUMENTS
FOLLOW"
F }
# 1) The policy shall he 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 defense based
on governmental immunity."
23. INDLOCI IFICMION
The Company covenants and agrees that it shall indemnify and save harmless
the City from and against any and all claims, suits, actions, damages or causes
of action arising during the term of this 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 tho defense of such claim and the investigation thereof;
provided, however, that hefore the Company shall become liable for said cost,
the Company shall he given notice in writing that the same are about to he
incurred and shall have the option itself to make the necessary investigation
A
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 expense in addition to the provisions hereinahove set forth.
24. UA'IA(:I: (11t L(15s T(1 C(1M['A`:Y's PROI'h:f:"IY
The Company assumes all risk of damage of 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, damaged or destroyed by fire, theft, rain,
water or leaking of any pipes or waste water in or about said demised premises,
or from hurricane or any act of God, or any act of negligence of any user of
the facilities, or occupants of the demised premises, or any person whomsoever.
25. w:s,ri,,x riot., or I'RoPrY,'rY
The Company agrees to keep al improvements on the property insure(I 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 mA icious vandalism. In the event of loss or
destruction due to any cause whatsoever, all insurance monies shall he payable
to the City, to he held by it until the Company furnishes a bond to the City
for construction or repair, as the cage may be, of like tenor and effect and
under the same conditions as the bond hereinhefure required in the case at
"SUPPORTIVE
DOCUMENTS
l.� FOLLOW"
r
the initial redevelopment. Upon the furnishing of such bond, the City shall
promptly pay to the Company all insurance proceeds. It is provided, however,
that should the cost of repairs not exceed the sum of $25,000 then the City
shall pay over to the Company, without the necessity of any bond, the amount of
Insurance policies thereafter collected by the City. The Company shall furnish
to the City duplicate originals of all insurance policies required under this
Lease Agreement. The insurance policy required hereunder shall he approved
by the City as to form, amount, and insurer or insurers, and shall provide
that all proceeds shall he payable to the City as provided in the Lease Agreement.
All construction and repairs shall be effected as promptly as circumstances
permit.
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
I for by the Company. if within 130 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 he and become the property of the City and
this Lease Agreement shall be cancelled and terminated automatically. Not—
wtthstanding the other provisions in this paragraph 25, tenant shall have the
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 default.
26. BUILDING `LIINTEN'ANCG
The Company accepts the building and grounds in their present condition and
without any warranty by tite 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 huildings and premises in a condition
of proper cleanliness, orclerlinegs, and state of attractive appearance at all
times. If the buildings and premises are not kept reasonably clean and attrac—
tive in appearance, the Company shall be so advised. Corrective action shall
he taken by the Company within seven (7) days time. In the event ~itch action
is not taken, the City shall have the right to make repairs or cause the
premises to be cleaned and the Company shall then he required to reimburse
thc! City within thirty (30) clays for said cost and charges.
"SUPPORTIVE
DOCUMENTS
t s FOLLOW"
27. UTILITIES
The Company shall pay for all utllities consumed on the premises 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.
28. PURE F►)►)h Atli) SAN I' Aff LAWS
The Company shall abide by all pure food and sanitary laws and the em-
ployees involved In the handling or sale of any food or beverage shall all
possess health certificates. All food and beverage sold shall he of the
highest grade and quality standards as established by l:+w.
29 Cu:JFutttlil'Y 'ro TILE 1.1w
The Company covenants to comply with all laws, ordinances, regulations,
and orders of Federal, State, County and Municipal authorities pertaining; to
the property and operation thereon.
30. PLEf)CE OF LEASEHOLD I^r171:10:ST
The Company may pledge this leasehold interest as security for a bona fide
loan or industrial development bonds (tourist industry) provided the quality
oL.the assignee or pledge is approved by the City Manager which approval may
not he unreasonably withheld. This section shall under no circumstances be
construed to require the City to participate in the financing or the progiosed
redevelopment improvements.
31. ASSI►.'INEN'T AND SUBLET'ruIC,, OF PREMISt'S OR TRANSFER oF SToCh
The Company shall not at any time during; the tom of this Lease Agreement
assign this Lease Agreement or any portion or part thereof, except and by
virtue of written authorization granted by the City Manager of the City. Said
authorization shall not he unreasonably withheld. This clause shall not apply
to sub -leasing space to tenants of the Company.
The Company is a corporation authorized to do business in the State of
Florida, and agrees Lh:►t It will not transfer any stuck in the corporation or
change ►a3nag;ers subsequent to entering, into this Agreement or during; the term
of this Agreement i►nt it such transfer or change is approved by the City Manager
of the City, which approval shall not be unreasonably withheld.
32. 3INDINt'. ► N SUCCEISS(1RS
The terns and provisions of the Lease Agreement shall, subject to the
provisions of paragraphs 11 and 23, be binding; and inure to the belief it of
the successors and :e;signs respectively of the City and the Company.
"SUPPORTIVE
DOCUMENTS
16 FOLLOW"
s
33.yiyi'.NToity
All fixtures, furnishings, furniture, and ecli►ipment, if any, in or upon
the demised premises and their condition will he inventoried before occupancy
by the Company. The Company will maintain fixtures, furnishings, furniture
and equipment, if any, in good and operahle condition daring the term of this
Agreement at its sole cost and expense, and that said property shall be deemed
in its sole custody and care. In the event any of the aforementioned
items are lost, stolen, or damaged, they shall he 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 additional fixtures,
furnishings, furniture, or equipment that the Company deems r,�cessary for the
operation of the demised premises, at the Company's own expense, consistent
with the purposes for which the property is leased.
34. OUNERSHIP OF I,ti'lt►iVE IF.Ni'5
All improvements, furnishings and equipment constructed or installed on
the premises by the Company shall be personal property and Company shall have
legal title thereto during the term of this Lease. Upon the expiration or
tdrmination 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 Company and the Company shall have the
right to remove such items from the premises unless the -Company is in default
hereunder.
35. I;XI'Ilt- TIUN
At the expiration of the term of this Lease Agreement or at its prior
termination, all permanent improvements placed on the property by the Company
shall be and become the property of the City and the Company shall quietly
and peaceably deliver the same to the City.
36. ENTIRE ACREEMENr
A waiver of the breach of any of the covenants of this Lease Agreement
shall not he construed to he a waiver of any other covenant or any succeeding
breach.
'fhe provisions of this Lease Agreement contain the entire understanding
of the parties; hereto concerning the subject matter hereof. No modifications,
release, discharge or waiver of any of the provisions hereof shall he of any
force and effect unless, signed in writing by the City `tanager of the Citv.
"SUPPORTIVE
DOCUMENTS
FOLLnW"
37. CAPT WNS
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 provisions thereof.
IN WITNESS WEKF.OF, the parties herein have executed this Agreement the
day and year first above written.
ATTEST:
CITY CLERK
SLCRE[ARY
APPROVED AS TO FORM AND CORREC]"NEISS:
GEORGE F. KNOX, JR. , CITY ATTOWNI:
CITY OF MIAFII, FLORIDA,
a municipal corporation
By
CITY MANAGER
RAYSIME PROPERTIES, INC.,
a Florida corporation
Rv
PRESLm trr
(SI•:AL)
"SUPPORTIVE
D0CU'Mii EN T S
FOLLOW"
r
r
Df:sCRinmi OF PRE.Mtsy% — i-X mire A
The "CITY" does hereby lease to the "COMPANY" for the purposes and under
the conditions hereinafter set forth, the following; described property known,
and designated as:
Lots 20, 21, 22 and 23 (legs the southwesterly 25 feet
Of said Lot 23) Block 43, of SAMUEL RHODES PLA'r OF NI?W
BISCAYNE, according; to the plat thereof, as recorded in
Plat Hook B of Page 16, of the Public Records of Dade
County, Florida.
Also included in this lease are the following; described flay Bottom
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 KISCAYNE as recorded in Plat Book B,
at Page 16, of the Public Records of Dade County, Florida; --
thence run south 40° 23' 32" east along the northeasterly
line of said Lot 20 and its Southeasterly prolongation
_. thereof for a distance of 691.46 feet, more or less, to a
point of intersection with the Dade County Bulkhead Line
(U.S. Harbor Line) as recorded in Plat Book 74, at Page 35,
of the Public Records of Dade County, Florida, said point
being; the Point of Be ;inning; of the hereinafter described •
parcel of submerged land; thence continued south 40° 23' 32"
east along; the southeasterly prolongation of the northeast—
erly line of said Lot 20 for a distance of 270.00 feet to
a point; thence run south 49° 33' 29" west for a distance
of 167.00 feet, more or less, to a point of intersection
with the southeasterly prolongation of the southwesterly
line of the northeasterly 1/2 of Lot 23, Block 43, of said
Amended Plat of New Biscayne; thence run north 40° 23' 32"
west along the southeasterly prolongation of the southwesterly
line of the northeasterly 1/2 of said Lot 23 for a distance
of 183.78 feet, more or less, to a point of intersection with
said Dade County Bulkhead Line; thence run north 21° 41' 51"
east along; said Dade County Bulkhead line- (U.S. Harbor Line)
for a distance of 184.49 feet, more or less, to U.S. Harbor
Line Point No. 74; thence run north 40' 33' 29" east along
said g)ade County fulkhead Line for a distance of 3.97 feet,
more or loss, to the Point of Beginning; said parcel contains
0.6738 acres, more or less.
A location map of the area to be leased by tho "CITY" to the "COMPA`:Y"
is attached hereto and made a Part hereof as Exhibit "A-111.
"SUPPORTIVE
DCCU^v11ENTS
F0 L LOW"
The court order left part of the property in limbo. Resolution 74-663
authorized the City Manager to negotiate a Lease, with Underwood Marine
for the balance of,the docking facilities not included in the court
ordered occupancy. This lease agreement, as later executed, expanded
the premises occupied by Underwood to include all the docking facilities.
The consideration due the City for this additional use was established at
$2,000.00 per month. The term was to expire January 30, 1975.
The Underwood Marine tenancy terminated as this company reportedly went
bankrupt and vacated the premises on or about March 15, 1975.
Om August 11, 1975, a two month lease was executed with "Ship's Store" a
former tenant of Underwood Marine, this lease contemplated a tenancy at
will on a month to month basis after the original term, July 1, 1975 to
August 30, 1975. Payment to the City was established at $2,633.20 per
month ($4.80/sq. ft.) subject to cancellation in 30 days. This tenancy
terminated on June 1st 1977, as this tenant moved and became a sublessee
of Grove Key Marina.
On February 10, 1976, the City Commission in their Notion No. 76-187
authorized the City Manager to advertise for proposals for the develop-
ment of this property. The resulting response in the form of proposals
and bids was received April 23, 1976. A total of eight bids were
received.
On July 1, 1976, the City Commission in motion No. 76-660 requested the
City Manager to negotiate with Bayshore properties, Inc., for development
of Coconut Grove Marina properties located at 2550 South Bayshore Drive
and submit recomendations to the City Commission for its consideration.
Resolution 76-749 passed and adopted July 22, 1976, authorized the City
Manager to commence negotiations with Bayshore Properties, Inc., for the
lease and redevelopment of this property.
On November 21, 1977, the City Manager assigned the responsibility for
the operation of this property to various departments in reference to the
use and utilization of the entire facility, at this point totally under
City control. ,
On April 26, 1978, a status report by George F. Knox relates the City
position as to its defense in the suit brought against the City by
Coconut Grove Marine Properties., and recommends the property to be kept
in limbo pending court action in case No 541667 District Court of appeals.
"SUPPORTIVE
DOCUMENTS
FOLL0W?
If 80-F;f35
On June 21, 1979, the Supreme Court of Florida denied Coconut Grove
Marine Properties petition. In their order handed down on this date
no motion for rehearing is indicated. In the opinion of the City
Attorney dated June 28, 1979, no further litigation is expected.
Currently
Negotiations have been in progress between City Staff and the attorney
representing Bayshore Properties, Inc. The 1976, lease document as
proposed by Bayshore Properties did not reflect in its entirety what
was discussed by the City Commission during its July 1976 meetings.
Presently the proposed agreement is being revised to reflect what the"
City Commission requested as to the terms of the proposal.
February ,11, 1980