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LAW OFFICES
TnomAs• I{RAvr & RAAB. P. A.
2825 OAK AVENUE. SUITE 12
COCONUT GROVE
MIAMI. FLORIDA 33133
TELEPHONE 0051 448.0873
Joxx It. THOMAS
Tan000nla M. XUArr
DAIV= W. RAAH
2 May 1980
IfUnDR11T L. MAHICOW.
OF COUNSEL
Joseph Grassie, City Manager
City of Miami
Miami City Hall
Re: Our File No. 80-399 TK
Dear Mr. Grassie:
Please provide for a personal appearance at the next
meeting of the Miami City Commission of John H. Thomas,
speaking for Marina Biscayne, Inc., about the lease
amendment and extension for Marine Stadium Enterprises,
Inc. at the Miami Marine Stadium.
Thank you.
Very truly yours,
John H. Thomas, ;
For the Firm.
Hand delivered 5/2/80.
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T01 Joseph R. Grassie DAT: April 18, 1980 "LE
City Manager
Addendum to Lease with E. A. Hancock,
Marine Stadium Enterprises, Inc. t
Cesar H. Odio
:RO'": Assistant City Manager ` nEFEriE•+C£9
Proposed Resolution and Addendum
to Lease
At the Commission meeting of February 28, 1930, passed a Motion (80-135)
authorizing and directing the City Manager to revise the present terms
of the Lease with Mr. Eugene A. Hancock, Marine Stadium Enterprises, Inc.,
to include:
a) rack storage;
b) sale of marine fuel;
c) permission to provide minor boat repairs to vessels stored on
the premises,
subject to the amendments being legally accepted by the City Attorney.
The City Attorney has rendered an opinion that amendments to the Lease
can be made without any conflict with the recently passed Charter Amend-
ments regarding City -owned waterfront property. The Administration has
negotiated viith Mr. Hancock the follo:iing increases for the provisions
authorized:
a) Two and one half (21J cents per gallon on all marine fuel sales;
b) Ten point three percent (10.3") of all gross receipts received
from the storage of boats on racks;
c) Five percent (5'.) of all gross receipts received from minor boat
repairs.
The attached Resolution and Addendum to the Lease have been prepared by
the Law Department of the City and are approved by the City Attorney.
In addition to the above amendments to the Agreement, the term of this
Agreement has been extended for ten years, or until 1993.
JM111wpc
4/17/80
RESOLUTION NO.
A RESOLIPrION AUTHOR[%LNG THE CITY MANAGER TO Exi-CUTF AN
ADDENDUM TO A CONCESSION ACREE.iIE:NC BE:'T,,JI:I',N THE' CITY AND
MARINE STADIUM ENTEIRPRISI:S, INC., DATED MAY 19, 1979, Itd
ACCORDANCE wivi TIII'. TE IIS AND CONDUriONs SET FORTH IN
THE ATTACHED AGRENMENT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY O1: MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute an
Addendum to a Concession Agreement between the City and Marine Stadium
Enterprises, Inc. in accordance with the terms and conditions set forth
in the attached agreement.
PASSED AND ADOPTED this day of 1980.
MAYOR
ATTEST:
CITY CLERK
P P,ARED AND 'K VED BY:
�, r
/ I I 7k.-) k
J. MICHAEL HAYC+jOOD
ASSISTANT CITx TTORNEY
WED AS TO FORM AN CORRECTNESS:
ITY A'Froi EY
ADDENDUM
THIS ADDENDUM TO THE LEASE AGREEMENT between the City of Miami, a
municipal corporation of the State of Florida, hereinafter called the "CITY",
and Marine Stadium Enterprises, Inc., a Florida corporation, hereinafter
called the "COMPANY", adds certain provisions to that Concession Agreement
made and entered into between the parties on May 19, 1973.
WITNFSS1:T11
WHEREAS, the City Commission adopted Resolution No. 78-350 authorizing
and directing the City Manager to execute a Concession Agreement with the
"COMPANY"; and
WHEREAS, said Concession Agreement provided a term of five (5) years
commencing on the 1st day of June, 1978 and terminating on the 31st day of
May, 1983; and
WHEREAS, said Concession Agreement limited the concessions that the
"COMPANY" could engage in; and
WHEREAS, on , 1979 the City Commission adopted
Resolution No. authorizing the City Manager to execute the Concession
Agreement;
NOW, THEREFORE, the parties do hereby covenant and agree as follows:
1. USE OF PREMISES.
The "COMPANY" shall have the following additional exclusive rights
in the Marine Stadium areas described in paragraph one (1) of the Concession
Agreement between the "CITY" and the "COMPANY" dated May 19, 1978:
(a) rack storage;
(b) sell marine fuel;
(c) provide minor boat repairs to vessels stored at your premises.
2. TERM.
The term of the Concession Agreement between the "CITY" and the
"COMPANY" dated May 19, 1978 shall be extended for an additional term of ten
(10) years, terminating on the 31st day of May, 1993. There shall be no
extension of this term.
11
3. CONSIDERATION.
As payment for the right to exercise the additional concession
privileges described in paragraph one (1) of this Agreement on the described
premises throughout the term of this Concession Agreement, the "COMPANY'
hereby agrees to pay the "CITY" a percentage of the gross receipts derived
from its operations, or a minimum annual guarantee, whichever amount is
greater, as follows:
(a) Two and one-half (2!2) cents per gallon on all marine fuel
sales;
(b) Ten point three percent (10.3%) of all gross receipts
received from the storage of boats on racks;
(c) Five percent (5%) of all gross receipts received from
minor boat repairs.
MINUMUM ANNUAL GUARANTEE
Twelve Thousand Dollars ($12,000.00) per year for each year of the term
of this Agreement.
THIS ADDENDUM shall be deemed to add certain terms and conditions to
the Concession Agreement and shall not be deemed to be repealed, amended,
or modified in any manner whatsoever except as hereinabove specifically pro-
vided.
IN WITNESS IMEREOF, the parties hereto have individually and through
their proper corporate officials executed this ADDENDUM this day of
. 1980.
ATTEST:
ATTEST:
CITY CLERK
SECRETARY
(SEAL)
APPROVED AS TO FORM AND CO ..
GEORGE F. KNOX, JR.
CITY ATTORNEY
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
By
CITY MANAGER
MARINE STADIUM ENTERPRISES, INC.
By
PRI;SIDENT