HomeMy WebLinkAboutM-80-0372ac4f C1141-
1001 MacARTHUR CAUSEWAY
MIAMI, FLORIDA 33132
TELEPHONE (305) 377-9877
May 160 1980
Mr. Joseph R. Grasse
Manager, City of Miami
City Nall '
3500 Pan American Drive
Miami, Fla. 33133
Dear Mr, Grasser
The Miami Yacht Club basically concurs with the Lease presented by the
City of Miami to the Miami waterfront Board in March of 1980, except
for the Consideration articles and the Term provisions.
We offer the following proposals:
Consideration
1. The Miami Yacht Club will pay a 10% surcharge on the dues
of all non-resident members. This complies with the Com-
mission's expressed desire to establish a differential for
city residents.
2. In addition, the Miami Yacht Club will pay the greater of
of the following:
A) $10,000 annually, or
B) 3% of the gross.
This provides the City with a guaranteed minimum for budgeting
purposes and provides a built-in escalation arrangement. In
effect, it joins the Club and the City in a partnership to
expand and improve boating facilities in Miami.
MEMBER
FSA
USYRU
SORC
Term
1. The Club desires a 20-year Lease without the restrictions imposed
In the wording oaf the present 3117 clause.
sincerely,
MIAMI YACHT CLUB
e?ti. Q•wa.s.1
Don H. Manson
Co=nodore
80-372
I
PROPOSED LEASE FORMULA
10% Dues
surcharge
Non -Resident Adult
PLUS
f It, ti4 r'
May 13 0 1980
Commodore Donald Manson
Miami Yacht Club
1001 MacArthur Causeway
Miami, Florida 33132
Dear Commodore Manson:
This letter is to confirm the telephone conversation whereby the
Lease Manager requested the Miami Yacht Club's counter -proposal
for a lease on Watson Island.
It will be necessary for your counter -proposal to be submitted on
Wednesday, May 14, 1980, so that it may be placed on the City
Commission Agenda of May 22, 1980 at 1:30 p.m.
Your immediate attention to this matter would be appreciated.
Sincerely yours,
/47
James E. Gunderson
Director of Finance
JEG:WHH:hb
cc: William H. Harrison, Lease Manager
DIRECTOR OffI%JktiCE PO Bo. 33V06 Coconut Gro,,e Station / Mum,. Florida 33133
MlleStR NI�KI►l; ti�l•.Cl OiiKlIl> lca�01 tN! t\iTtDSTITFS l\DCI�IDI .y
t 1. ���; �i i? 1�I� �:.It�• 10bEll. rK.,CAk°•'
May 130 logo
Mr. Richard G. Taylor
Attorney at Law
Suite 803
19 West Flagler Street
Miami, Florida 33130
Dear Mr. Taylor:
This letter .,s to confirm the telephone conversation whereby the
Lease Manager requested the Miami Outboard Club's counter -proposal
for a lease on Watson Island.
It will be necessary for your counter -proposal to be submitted on
Wednesday, May 14, 1980, so that it may be placed on the City
Commission Agenda of May 22, 1980 at 1:30 p.m.
Your immediate attention to this matter would be appreciated.
Sincerely yours,
James E. Gunderson��
Director of Finance
JEG:WHH:hb
cc: William H. Harrison, Lease Manager
DIRECTOR OF Fl%A%CE P.O. Bo. 330'08 Coconut Gro%e Station , Miami, Florida 33133
MfMB(R Ml ♦.UF.; 0j1i%tiCf Orr.CIRi Oct -, pi tnt t ♦illo S'okTIS o,%o Cjk\�ok
$0- 372
E
MOC
MIAMI
OUTBOARD
CLUB;- fAC."
* 1099 MAcARTHUR CAUSEWAY * MIAMI. FLORIDA
May 16, 1980
Mr. Joseph R. Grasse
Manager, City of Miami
City Hall
3500 Pan American Drive
Miami, Florida 33133
Dear Mr. Grasse:
il
The Miami Outboard Club basically concurs with the lease presented by the
City of Miami to the Miami Waterfront Board in March of 1980, except for
the consideration articles and the Term provisions.
We offer the following proposals:
CONSIDERATION
1. The Miami Outboard Club will pay a 10% surcharge on the
dues of all non-resident members. This complies with
the commission's expressed desire to establish a differ-
ential for city residents.
2. In addition, The Miami Outboard Club will pay the greater
of the following:
A) $10,000.00 annually, or
B) 3 % of the gross.
This provides the City with a guaranteed minimum for bud-
geting purposes and provides a built-in escalation arrange-
ment. In effect, it joins the Club and the City in a part-
nership to expand and improve boating facilities in Miami.
TERM
1. The Club desires a 20-year Lease without the restrictions
imposed in the wording of the present 3/17 clause.
Sincerely,
MIAA O 1303LRD CLUB
BY •
Joseph Grassie
City Manager
James E. Gunderson
Director
Department of Finance
May 19, 1980
Miami Outboard Club and Miami Yacht
Club Lease Agreements
Bill Harrison met with Richard Taylor (Miami Outboard Club) and Don Manson
(Miami Yacht Club) on Friday May 16, 1980, to discuss the areas of conflict
in the pending lease agreements with both clubs.
Attached is a summary of the conflicting areas between the City's proposal
and the proposal made by the Clubs. Also attached are the pertinant sections
of the City's proposal as it a,as approved by the Waterfront Board in March, 1980.
JEG:WHH:kdk
SUNHARY OF CONFLICTING ARTICLES BETWEEN THE CITY OF MIAMI AND THE MIAMI YACHT CLUB/MIAMI OUTBOARD CLUB
CITY OF MIAMI MIAMI OUTBOARD_CLUB/MIAMI YACHT CLUB
ARTICLE V CONSIDERATION, CONDITIONS, PENALTIES
AND ADJUSTMENTS TO SAME
a) Considerations - The greater of:
OUTBOARD 1) Minimum of S13,120.00 annually
YACHT 1) Minimum of S21,939.09 annually
OR
2) Per capita property tax multiplied
by the number of non-resident users.
b) Penalties
c) Conditions
d) Adjustments to the Consideration
ARTICLE II TERM
Three (3) years from the date of the
agreement with a seventeen (17) year
extension upon approval of development
plans for construction and improvements.
Ten percent (10%) surcharge on non-resident users
PLUS
the greater of
1) $10,000.00 minimum annual ouarentee
OR
2) Three percent (3%) of the gross annual income.
DELETE PENALTY CLAUSE
NO CHANGE
DELETE ADJUSTMENT CLAUSE
Twenty (20) years from the date of the agreement
r
5-23-80
1
No,%A f ficlm' iie+ 5-22-80 Meeting
ACTION
A The City Commission expressed approval of the City of
_`Miami participating in the Neighborhood Business Revitali-
zation Program and requested that letters be prepared
City of ."reflecting such.
C A motion was passed to name the Administration Building in
honor of Don Hickman.
D,E The action on the leases for the Miami Yacht Club and the
Outboard Club was deferred. The Administration is to come
back with a proposal of a maximum use plan of boating in
the Watson Island area.
6 Commissioner Lacasa requested that the money appropriated
for the Sixth Year Community Development Block Grant Funds
be channeled into minority banks within the City limits.
14 The resolution authorizing the execution of the Turnkey
Contract was approved contingent upon copies of contract
being sent to Dade Federal, Miami Center Associates, and
the University of Miami. This contract should not be
signed until the three ahnvP listed nrnani7a.tinnc have+
given a written approval.
18 The following people were appointed to the Miami Waterfront
Board:
1. Paul Andre
2. Oscar Lopez
3. Carlos Fernandez Cano
4. Duane Anderson
OTHER ACTION
The Commission requested that a resolution be presented to the family of
Lt. Edward F. McDermott in deepest sympathy of his death.
The Mayor made several suggestions for redeveloping areas that were affected
by the recent civil disorder:
1. An agreement be made between the City and County to use tax increment
financing in order to raise funds for redeveloping the area in the
City from the river north to 17th Street, and from 7th Avenue east
to the bay.
2. The banking community put together a $200-S30O million loan port-
folio to use for low interest guaranty loans similar to VA and FHA
for reconstruction of the area.
I
5-23-80
1
No,%A f ficlm' iie+ 5-22-80 Meeting
ACTION
A The City Commission expressed approval of the City of
_`Miami participating in the Neighborhood Business Revitali-
zation Program and requested that letters be prepared
City of ."reflecting such.
C A motion was passed to name the Administration Building in
honor of Don Hickman.
D,E The action on the leases for the Miami Yacht Club and the
Outboard Club was deferred. The Administration is to come
back with a proposal of a maximum use plan of boating in
the Watson Island area.
6 Commissioner Lacasa requested that the money appropriated
for the Sixth Year Community Development Block Grant Funds
be channeled into minority banks within the City limits.
14 The resolution authorizing the execution of the Turnkey
Contract was approved contingent upon copies of contract
being sent to Dade Federal, Miami Center Associates, and
the University of Miami. This contract should not be
signed until the three ahnvP listed nrnani7a.tinnc have+
given a written approval.
18 The following people were appointed to the Miami Waterfront
Board:
1. Paul Andre
2. Oscar Lopez
3. Carlos Fernandez Cano
4. Duane Anderson
OTHER ACTION
The Commission requested that a resolution be presented to the family of
Lt. Edward F. McDermott in deepest sympathy of his death.
The Mayor made several suggestions for redeveloping areas that were affected
by the recent civil disorder:
1. An agreement be made between the City and County to use tax increment
financing in order to raise funds for redeveloping the area in the
City from the river north to 17th Street, and from 7th Avenue east
to the bay.
2. The banking community put together a $200-S30O million loan port-
folio to use for low interest guaranty loans similar to VA and FHA
for reconstruction of the area.
I
3. The City Manager was requested to prepare a resolution or
memorandum requesting Merrett Stierheim to present a proposal
to the Tourist Development Council that monies be utilized for
a massive campaign in the next few months to overcome bad publicity.
The City Commission authorized up to $40,000 for distribution of food
to victims affected by the disturbance.
An emergency ordinance was passed requiring that buildings within the
City be properly boarded from burglars.
The Commission brought up the fact that telephone service for the Pension
Office had been discontinued. They directed that this service be connected
by Friday, May 23rd.
PLANNING & ZONING ITEMS
1. The request of Clipper Condominium to appeal the Zoning Board's recommenda-
tion for approval of the Wimbledon Racket Club is to be scheduled for
the June 6th Commission meeting.
2.
Commissioner Plummer was concerned that single women were reluctant to
speak before the City Commission because of the requirement that they
verbally give their address. He suggested that we look into a system
similar to Dade County's which provides cards to speakers to fill out
prior to their presentations before the Commission.
3.
The Commission passed a motion that all matters relating to drive-in
tellers (to banks) be brought before the City Commission. Planning
indicated that this would require a change in the Zoning Ordinance.
4.
Commissioner Plummer indicated that he was in possession of a letter
from a group wishing to perforin in the Unlimited Regatta. He also
indicated that a group had offered 100 free bus benches as advertising
for this Regatta, which was not taken advantage of.
5.
The Commission was concerned of the bureaucratic requirements for
application for Development of Regional Impact. It was suggested that
our State Lobbyist try to get the Legislature to clarify and/or change
State law pertaining to advertising requirements for DRI. It seems that
once a DRI is applied for, there is a time lag for approval from the
South Florida Regional Planning Council. After receiving word from the
South Florida Regional Planning Council, there is a 60-day advertising
requirement.
- 2 -
19
MIAMI YACHT CLUB
I
is DESCRIPTION OF PREMISES
The City hereby leases unto the Club for the purpose an,: under
the conditions hereinafter set forth, the following real property and bay
bottom lands located on Biscayne Bay, City of Miami, bade County, Florida,
legally described as follows:
According to Schedule A. attached hereto
and made a part hereof.
II. TERM
The term of this Lease Agreement shall be THREE (3) years,
beginning on the day of ,1980. and terminatina
on the day of ,1983 This lease will be
extended an additional seventeen (17) year period upon the approval (as pro-
vided for in the provisions set out in paragraph X'V below) of developmental
plans for construction and financing capital improvement to the Miami yacht
facility.
III. USE OF PREMISES
(a) Club shall have exclusive rights, at the previously described
premises, to conduct all of the usual functions incidental to yacht club
operations, subject to the crualifcations contained in the provisions of this
Lease. The operations as authorized u•on the premises shall be designed
primarily to serve the Members of the C'.ub, the boating pu�-�lir_, and visiting
tourists, and for no other. purpose. For-,.-' and beverage operations shall be
permitted as a service to Club members and auests.
(b) The Club shall m�kke no unlawful, improper, or offensive use
of the leased premises.
(c) The Club shall not enaaae in the sale of food and alcoholic
beverages, or the sale of other merchandise to the public without first ob-
taining the written consent of the City Manager of the City.
(d) This Lease and all rights of the Club hereunder shall, at
the option of the City, cease and to r•,.inate upon discontinuance of the
stated use and operation of the premises of the Club, after having first
been given written notice by the V_ty of the violation and/or default and
after having first been oiven the oppoz%unity to cure said violation within
thirty (30) days.
-3-
V. CONSIDERATION CONDITIONS, PENAL: ES, AND ADJUSTt4ENTS TO SAME
a) CONSIDERATION
The annual rental payable monthly to the City shall be the greater of
the following:
(1) A base year'y rental amount of y13,120.0^ This amount is
based upon $.OP per square foot of shoreland area and $.02
per square foot for submerged baybottom area as agreed
upon; or
(2) The per capita property tax, as .ierein Pbove defined,
multiplied by the nuirb •r of mercers. who ar • users of the Club
facility that are not residents of the C--t - of Vi,%1ni.
Junior a Senior me -hers who are participants being
excluded from this computation.
b) PENA:TIES
In addition to the aforementioned rent amounts should a vacancy occur
at any time, after the effective Bate of this agreenent, on any space
where a boat is kept, and said vacancy is not filled by a boat owned
by a City of Ni ami res'_cent- the club wi'.1 pay to the City a
surcharge amount of 20% of the per capita property tax, for each
and every person in the club who are users of the C:,.3b facility.
The club shall be re.'.ieved of payment of the s•-zcharee for the periods
of tire durina the fist Five years of this agreement wi-en the number of
City o` wiami residers users of the Club facility exceed the following:
14% the First year, ending October 1, 1980
16% the second year, ending October 1, 1991
18% the th.`.-d year, ending October 1, 1982
20% the fourth year, ending October 1, 1983
284 the fift% year endira October ' , 7.985 :,nd every year.
thereafter.
T`:e Club shall '-,e exempt fro.: any surcharge eur`.ng the periods specified
above, 4f ear`: and every vacancy that occurs ._s filled by a City of
Miami resieent's boat or the rurL, r of C:_ty of Miami resident users
correspc-:ding to the hereinabove percentages (rounded off to the highest
figure). is reached.
�a�
s
C) CONDITIONS
1. The City agrees that any of the aforementioned surcharge amounts
received by the City shall be placed in a separate account within
the Marina Fnterorise Fund dedicated to development and improvement
of the City's Marinas.
2. For the purpose of calculating the consideration due the City, family
mem'liership shall be cocr-uted as one unless there is multiple use as
hereinabove eefined. In this ca^e each person shall be considered
indivieual'_y as a user of the facility, and thus counted as more than
one user.
3. The Club agrees that one twelfth (1/12) of the annual base yearly rental
shall be paid for the cur.,:ent month on or before the twentieth day of
each month.
The Club shall, at the end of each six mont`i period, provide a state-
ment in certification form signed by a duly authorized officer of the
Club attesting to the prior period membership compo-4.tion; resident,
non resident, user, non user; the rr_nber of guests using the facility;
the number of new occupancies by non resident Club members for the
prior six month perio6; the occupancy rate; ;he rates charged; and any
additional detail as the Director of Finance for the City may prescribe.
5. The Club shall report bi-annually the public 3erv-.ce programs in progress
during the preceding month, the numY— r of participants, their names and
any ot'^er additional detail-: as may be required.
S. The reDor=s and operations, thus reported, shall be subAect to aueit by
the City on a yearly basis to determine the additional consideration, if
any, payable to the City, in accordance wit'- the terms of this Agreement.
7. The Club agrees that upon execution of this Agreement, and every six
month period thereafter, it will provide the City with a complete
listin^ of all club members, all club users, their residency status,
any changes in the prior six month pp-'od, and and additional details
as the Director of Financ_- *for the City ma-:- prescribe.
-6w
d) AWUSTMENT TO THE CONSIDFRATION
The yearly rental will be adjusted every five (S) years and shall be
the greater of the following:
One Nindred twenty per cent (120%) of the base rent yearly
amounts calculated on the square footage provided for the period
of this Lease, as to the first adjustment; and one hundred twenty
per cent (120%) of the then existing rent on any periods there-
after; or:
The yearly rental stall be paid in a dollar amount equivalent to
the present purchasing power of each de'.'ar. This eouivalen:
amount will be determined by divid_no the.rental amounts applicable
by the c^nsumer price index number for the last date for which
cemputatien has bean made in 1980 by the Bureau of :.abor Statistics
of the United States Department of Labor for the month preceding
:e month in wh'.c`: `..+ Lease become:-'fec`.ve ane then rultiplyina
that amount by the index nv..^her for the month precedina the month
in which the adjustment is to take place.
The per capita property taxes will be adjusted ev--•ry five (5) years
:o corresponc. w`.th the taxes and population in the year in vnic.,
t �ie adi., .mcnt ii to take pl ace .
VI. LICENSES, m_A17-c A,D vFES
a; The - ub shalt'_ obtain ina pay `or all licenses, permits, and fees
necagsary fer tie to coneic_ business or. the 'eased prey.=.ses. The
sha . oav a'_1 taxes of whatever nature as are lawfully levied or
assessed aga ^.s`_ the demised premi.,:.:es and ir,p_ovements, sales, rents, or
operations theraon ir.c'.-jdina, but not '.invited to, ad valorem taxes, and
the Payment thereof shall incluOe taxes assessed for the current year, if
any are so assessed. ^_'die Club further agrees to pay all of the said
taxes lawful? assessed, on such dates as they become due and payable.
The failure of the Club to pay the tares as aforesaid, shall constitute
grounds for ' -e =.mmeeiate c:�ncellation or this Lease by the City. The
Clut is to pay all charges and ex-enses of every nature that may be im-
po,ed a -,on said leased pramises and its appu-tenances during =ne term
of this Lease or which may arose durini t' - term of this Lease.
-7-