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RESOLUTION NO,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO THE ATTACHED LEASE AGREEMENT WITH THE COCONUT
GROVE SAILING CLUB PROVIDING FOR THE LEASING OF
CERTAIN DESCRIBED CITY OWNED SUBMERGED BAY BOTTOM
LAND AND SHORE LAND FOR A PERIOD OF THREE YEARS THE
CLUB MAY HAVE THIS LEASE EXTENDED AN ADDITIONAL 15
YEAR PERIOD UPON THE APPROVAL OF DEVELOPMENTAL PLANS
FOR CONSTRUCTION AND FINANCING CAPITAL IMPROVEMENTS
TO THE COCONUT GROVE SAILING CLUB FACILITY.
WHEREAS, the Coconut Grove Sailing Club has for
public lands in the Dinner Key area; and
WHEREAS, the lease between the Coconut Grove
City of Miami
many years been.
Sailing Club and the
for certain submerged bay bottom; land', and shorelan
the City, expired as of October 1, 1969; and
the: premises
agreemen
MIAMI
the
Sail
owned by
WHEREAS, the Coconut Grove Sailing Club has continued to.occupyses
on' a tenancy at w'1 on a month to. month basis until this
time; and
WHEREAS, both.parties are. desirous of:entering. into a new.lease
and,
WHEREAS, the: City,Manager recommends the execution of this lease;
NOW, THEREFORE, BE IT RESOLVED BY THE CONNISSION OF THE CITY OF
FLORIDA
Section 1. That the City Manager is hereby; authorized; to execute'
attached Lease Agreement between the City of Miami and the Coconut Grove
ng Club for certain described City ow•
ned submerged bay bottom land and
THREE
a period of years. The Club may have their lease extended
15 year period upon the "approval ,of developmental plans for
and financing capital improvements the Coconut Grove Sailing
for
shore land fo •
an additional
construction
Club Facility.
PASSED AND ADOPTED this
ATTEST:
RA
PREP
APPROVED A • SRM • CTNESS:
EORGE F.
JR., CIPT ATTO' EY
13th day ;o
September
1979.
/s'MAURICE'A. FERRE
MAYOR
"DOCUMENT INDEX
ITEM NO. _� ,t
H G. ONGIE CITY a' RK
ED AND APPROVED BY:
47,2/
ROBERT F. CLARK, ASSISTANT CITY ATTORNEY
TO:
Joseph; :•R. Gras s ie
City Manager
e _ iJ mes E. Gunderson:
Director of Finance:
S:1 Y O;= '-11A?.11, +..01210A
INT.ti:72-Cr 71C.'E `.1i.MO ANDU:4
ry.;r:.: September 6, 1979
:;uuJECT: Proposed Lease ;:Agreement .with -the
Coconut Grove Sailing. Club
RtrEfltNCt8:
f:N:cL05U?cs: •
Attached isthe proposed Lease Agreement as presented to the Coconut Grove
Sailing Club. This lease agreement has been reviewed by the City of Miami
Waterfront Board and they recommend several revisions to the agreement.
Financial Impact
The projected yearly income will.; be $24,416.00,'._based upon 218 members who
are non-resident users at $112.00 per year Under the terms and agreements
this sum can be reduced by the lub to:$19,907.00 in subsequent years.
Term and Conditions
The term of this agreement shall, for,a.five year; period. The Club may
have this lease extended an;additional'-15-year period upon the approval of de-
velopmental plans,for construction and financing of these improvements to
the Coconut. Grove: Sailing Club facility.
The premises are to be used by the Club for the operation and maintenance
of storage and mooring facilities, and a maneuvering area for small sailboats.
Consideration and. Adjustments. .
•
The consideration due the City shall be whichever is the greater of the
following:
A base :yearly amount of $ .19,907.00,as being equivalent to:$.0
per square foot of shorelend area and $.02 for:' submerged-iay
bottom area; or
An amount equal to $112.00;(per :capita property tax rate) multiplied
by the number of non -city resident members.of:the -Club who are
users of the facilities.
The :'per.. capita property tax rate" is derived from the City's property tax`
revenues ($39,171,187.00) divided by the City's population (350,000).
Also included as additional`.censideration is a penalty to the Club forthe use
by non -city of Miami residents of the Club's dockage or storage facilities; if
the Club fails to meet the city -resident user requirement.
Joseph R. Grassie
The rent will be adjusted every five years, and shall be the greater of the
following:
One -hundred -twenty percent:(120%) .as `to'the first adjustment,
and one -hundred -twenty percent (120%) of existing rent on any
periods thereafter.
The rental to be paid. in a dollar 'amount ;equivalent to the
present purchasing .power of each dollar.
The per capita property tax rate will also be adjusted. every five years;.
reflect changes in both taxes and population..
Taxes
The.. lessee will pay any and -all ad.valorem taxes levied and imposed .on the'
premises, and further agrees to pay all other taxes which:may`be levied on
the premises..
Ownership of. Improvements
Upon cancellation, termination, or expiration of the :lease, any improvements<<'
done in or at the leased area will become the property of.?the 'City.
,`
Adjustments` of the Premises
Adjustments or relocation of the leased premises is provided in the event o
development requirements or any otherpublic purpose.
JEG:WHH:hb
III ■IIuuu•
LEASE . AGREEMENT_,
Between_`
THE CITY 'OF`MIAMI.
N:b'E X...
II.
III..
IV.'�
,DESCRIPTION.OF PREMISES ....idi
TERM. .:............ ...... IA, ... *....
USE OF PREMISES .. ..,....... `. • .•
DEFINITIONS :. ...
V. CONSIDERATION 4.:_CONbITIONS, - PENALTY, -AND
ADJUSTMENTS TO`.SAhL ........
VI. LICENSES, PERMITS,. TAXES, AND FEES.... ....
VII.. .PAYMENT:AND UTILITIES•
VIII. CONDITIONS PRECEDENT
IX. ADJUSTMENT OF THE LOCATION. OF PREMISES
DREDGING
XII.
XVI I ...`
XVIII.
XX.
MINOR REPAIRS OF BOATS
ALTERATIONS OR IMPROVEMENTS BY CLUB.
ALTERATIONS OR REPAIRS BY CITY'
DEVELOPMENT PLAN •
'INSPECTIONS OF PREMISES,
.MAINTENANCE OF PREMISES,
POLLUTION CONTROL
•
COMPLIANCE WITH CITY,.°: COUNTY,;STATE, AND
FEDERAL LAW ..: ...066000.
HOLD HARMLESS PROVISION..
INSURANCE
PAGE
XXI :'RISK',',LOSS 12
•XXII: PREMISES.DAMAGE-OR DESTRUCTION .• ..'. 12
XXIII. ADVERTISING_ 12
XXZV. NON DISCRIMINATION: 12:
XXV. ASSIGNMENT,.: SUBLETTING, OR: TRANSFER:OF,.STOCK.. 13,
YYVI".'.. DEFAULT 13
XXVIIr. CANCELLATION.BY,.CLUE'
XXVIII'. CANCELLATION BY CITY.. , ..... ...... 13
XXI}:. NOTICES : 4
XXX..
XXXI .
ATTORNEYS'. FEES
,SURRENDER OF.PREMISES
XXXII. CANCELLATION OF PRIOR LEASE AGREEMENT_.
XXXIII._.
CAPTIONS .
XXXIV. TERMS BINDING ON SUCCESSORS 15
XXXV.
PUBLIC ACCESS TO THE WATERFRONT
15
LEASE AGREEMENT
THIS. LEASE made:and:entered ihto this. day."._o ,
,1979i.between:THE:;CITY OF MIAMI, a.;municipal:corporation of
theState of
Florida, Lessor,
(hereinafter: -referred to as "City"), and:t
COCONUT' GROVE SAILING CLUB, INC., a non-profit corporation of the State of
(hereinafter referred to as."Club");
Florida,
WITNESSETH:
WHEREAS, the Charter of ahe City.of.:Miami authorizes'and empowers'
the City of Miami to do
promoting''or
all things Whatsoever'.necessary or'expedient .;'for
r"
maintaining the: general.; welfare of the City "of:Miami or..itS'
inhabtarts and
4,iiEPI;AS, such empowering provisions of the- Charter .authorizes .the .
City, of Miami to establish >small boat facilities; and
WHEREAS, the City of Miami does not now maintain adequate'' sailboat
facilities in. the City of. Miami adjacent to Biscayne. Bay; and
WHEREAS, the. Coconut: Grove Sailing .'Milk) 'has maintained
in
such facilities
Coconut Grove and that suchfacilities have been used by not`, only'. the members
of the>Club but`the,public as .well; and"`.
WHEREAS, the Coconut Grove Sa1].ing Club since its occupancy
-.emises:in. "Coconut Grove has:,
and
Taught sail boating, water ;safety; first aid, and'.
swimming to the youth of the area, its members.'and to
the public;
the,.
Established and conducted boat regattas which have 'brought'
andwill.'. continue to bring international publicity to
Miami;
• Made facilities available to:the ..Coast ;Guard Auxiliary,
Girl Scouts,.. and `many:others,,at no cost, which would be
of 'service in titres of emergency, as well as boating
regattas, all of which has been of benefit to the general
welfare of the City Of Miami and its inhabitants;
• By teaching sail boating, :water safety, first aid, and.'
g to:_the
swimming, _ youth of the area - has' coMbatted through
its activities, in an affirinative manner ]uvenile :delin-
quency ` in the City of Miami;,
• Aided in providing facilitiesfor small,boating in the
City of Mianu-, thereby helping alleviate the shortage of
such facilities in the. City of Miami; and
Pioneered small boating in the .Miami area and this pioneering
has aided in establishing:. smallboating as a major economic
asset to the Miami area;.
WHEREAS, the City of Miami considers the above named services
1
This lease will be extended an additional fifteen year period upon the approtral
(as provided for in the provisions set out in paragraph. XIV-- below) - of develop-
mental plans for Construction and financing -capital imProvementsto the Coconut
Grove Sailing Club facility.
III. USE OF PREMISES
(a) The Club shall have exclusive rights, at the previously described
premises, to conduct all of the usual functions incidental to sailing club
operations, subject to the qualifications contained in the provisions of this
lease. The operations as authorized upon the premises shall be designed primarily
to serve the members and guests of the Club, the boating public, and visiting
tourists, and for no other purpose. Food and beverage operations shall be
permitted as a service to club members and guests.
(b) The Club shall make no unlawful, improper, or offensive,use of the
(c) The Club shall not engage in the sale -,of food. -and alcohol-ic beverages,
or the sale of other merchandise to the public without first obtaining the written
consent of the City Manager of the City.
(d) The Club shall be responsible for and shall pay all cost of placing
the moorings and maintaining them during:the term of this -lease.
(e) , The Club shall provide sailing instructions free of charge to children
between the ages of nine (9) and thirteen- (13), both inClusive, and shall further
provide for a minimum of fifteen. (15)- sailboats for such instruction.
(f) TheClub shall provide boat transportation to arid from the moorings.
(g) The Clubshall not operate any boat livery, ,boat sales or repair
service, marine hardware service, nor engage in the sale of fishing- tackle or bait
on the herein described property or the surrounding property. ,
(h) This Lease and all rights of the Club hereunder shall, it tile option
of the City, cease and terminate upon discontinuance of the stated use and operation
' ,`: •
of the premises by the Club, after having first been given written notice by the
City of the violation and/or default and after having first been gi.ven the oppor
tunity to cure said violation within thirty (30) days.
to, be servic
es. a publicnature,.;: quasi -municipal`: in character; and
EREAS+- the'':City of Mianu. desires'. to aid, insofar as i
is possible,
the small boating and sail boating;' industry to. the City of Miami; and
WHEREAS ,-.
the greater interest of the members of the. said Club and
the public, generaily, will be better served by the expansiono
the facilities
of the Coconut Grove Sailing. Club.to.include substantial .improvements 'for the
purposes herein ex
pressed, and will aid in focusing the attention of the public
nerall and the visiting tourists to the recreational :facilities available in
the Miami area,
Club,.
by the expansion :of said .facilities by
o include substantially expanded facilities;and
W1EREAS,. the. City of Miami
the Cocontt. Grove Sailing
recognizes that the : Coconut.._ Grove Sailing Club,
in order to finance additional_. improvements necessary
s operation and to make
available launching facilitiesto its members and: to :the public
lease; and
'WHEREAS,
`Resolution No.=
he Commission of the:City of..Miami,
, dated
must .° have a
ythe".adoption of
authorized the
1979
City Manager to execute a new lease agreement with the" Coconut _Grove 'Sailing Club,
Inc. for a. period of. five (5)
in Coconut Grove.
NOW, THEREFORE, in consideration of the premises and mutual covenants.
yearsfor certain=.described-..city.owned property
thereinafter contained to be observed and performed,'
and agree as. follows:
the.:parties hereto' covenant
DESCP.IPTION OF PREMISES
The City hereby leases unto. the Club for the purposes
and under. the•e•
conditions
hereinafter set forth, the following real property and bay:.bottom lands located
on
Biscayne. Bay,: City: of 1ianu., Dade County,` Florida,': legally described as.
follows.:
According to, Schedule A, Attached hereto and made ;.a parthereo
II. TERM
The, term of thislease Agreement shall be five .(5) years,
beginning on
the day of: , 1979, and terminating on the day. of.
,.1989.
2
Rev 1
This lease willbe eXtendedan additional fifteen ,year period upon the approval
(as provided for in the provisions. Set out in, paragraph XIV, beloW), of develop-
mental plans for constrUction and, financing capital.iritproveMentsto the Coconut
Grove Sailing Club facility. .,.
III. USE ,OF TREMISES ' , . •
, •
(a) The Club shall have exclusive rights, at the previOusly described
premises, ,to conduct all of the usual functions incidental to sailing club
operations, subject to the qualifications contained in the provisions of this
lease. The operations as authorized upon the premises shall be designed primarily
to serve the members and guests of the Club, the boating public, and visiting
tourists, and for no other purpose. Food and beverage operations shall be
, • • ••'•••-'
perrni.tted ,as a service to Club members and guests.
The Club ,"make no unlawful, iniprOper,.:: or offensive use of the
(c) The Club shall not engage •in the saleof foOd and alcoholic beverages,
or the sale of other merchandise to the public without first obtaining the written
consent of the City Manager of the City.
(d) The Club shall be responsible for and shall pay . all -cost of placing
the moorings and maintaining t.hern during the term of this lease.
(e) The Club shall provide sailing instructions free of charge to children
between the ages of nine (9) and thirteen (13) , both inclusive, and:. shall further
provide for a minimum of fifteen ''(15) sailboats for such instruction.
(f) The Club shall provide boat transportation to and from:the moorings.
(g) The ,Club shall not operate any boat livery, .boat sales.or repair,
•„ • , • .• •
service, marine hardware service, nor engage in the sale of fishing tackle or bait
- „ „... „ .„ .• ,„...
on the herein described_property or the surrounding property.
(h) This Lease and all rights of the Club hereunder shall, at tkie option
of the City, cease and terminate upon discontinuance of the stated use and operation
of the premises by the Club, after having first been given written notice by the
City of the violation and/or default and after having first been given the oppor-
tunity to cure said violation within thirty (30) days.
For the purpose of calculating thee, consideration'dte the City,' and other
terms and conditions of this agreement, the following definitions shall be used:
v.
A resident status Shall be evidenced by ownership of a home -and -paying
ad, valorem property -taxes- to the City; owningand operating oa business
in the City (said owner -operator holding a City: of Miami occupational
license) ;.or, being a registered voter of_'the `.city.
PARTICIPANT•,.
Participant shall beany person that is- active .participant .in.'.the
Club!-s:public serva.ce programs, and whose name IS recorded onthe.'.
uarterly report of public services as required.
USER OF THE CLUB FACILITY
Any member or their guest having docking, mooring or otherwise having
the privilege to keep a boat on the premises, shall be considered :a
user of the Club facility. (Title notwithstanding)
d) PER CAPITA PROPERTY TAX
The per capita property tax is defined as the C3.ty's property tax
revenues for a given year divided by the
City' s''popul at ion
.' by the City! Planning Department,`for.the= subject :year.
e) MULTIPLE: USER
If there .ismore than, one :-family member
or guest docking,
otherwise having the privilege of keeping a boat on :the
estimated
mooring •
premises, each
person shall be considered individually as a user,of ::the :':facility, and
thus counted as more than one user.
':CONSIDERATION.CONDITIONS, PENALTIES, ND ADJUSTMENT TO'SAME
CONSIDERATION
The annual rental payable Inonth1y to -the City shall` be the greater. of.
the following:.
(1) A base yearly renta]. amount of $19,907.00, This amount i
based .upon ,$.08 per square foot of shoreland area and $ 02
per square foot of`submerged baybottom area as agreed
upon, 'or
The Per. per. capita property tax, as. herein above defined,
•multiplied_by the number of members who are::usersof, the Club
acility:..that- :;:are not residents of:;`.the :City -of Miami.
NALTIES
addition;.to:the .aforementioned. rent'amounts should a vacancyoccur
any time, afterthe effective date of this agreement, On ,any space,`.
where a boat.
kept, and said vacancy is
not :filled :`by a boat owned
by a -City Of Miami ,resident , the Club" will:; pay; to the City;a sur-
for:each and
charoeamount.of.20.:.of the per capita property tax,
shall
person in the Club whoare users Of the Club' facility. The Club
be relieved: of the payment' of the .surcharge'for the : periods of
e during the fire four, years of this :agreement when the number o
C.ty of Miami'. ,resident `;users of..the:Club facility exceed the following:
26% the first year, ending October 1, 1980
30% the second year, "ending -October "1,:1981
35% thethird year, ending' October "1,:1982,
40% the fourthyear,, ending October 1, 1983,and ,;every
year thereafter.
he Club shall be exempt from any surcharge :during the periods
above,
specified
each: and every vacancy: that: occurs lasjfil.led.by:a C2ty
of -Miami, resident's boat or the number. of, City of Miami resident users .:
•
corresponding, to:the hereinabove',percentages,(rounded: off;.to,
figure), is reached.
c) CONDITIONS
1 The Cty agrees that any of the aforementioned surcharge amount`s'`
received by the City shall be placed in a separate account within
the highest
the ?4arina Enterprise Fund dedicated to development and improvement:
of the City's marinas.
For the purpose of calculating'the
family membership shall be
consideration. due the City,
computed as orie unless there .s_'multiple.
use as hereinabovedefined..
:n this Case
each person shall. be con.
sidered individually as a user of the facility, and thus "counted' as
more than one user.
5
Rev 1
The Club agrees that one•twelfth .(1/12)
rental
of the annual base; yearly
shall bepaid for the curreint;month on or;beforethe twentieth
day of each month"
The Club shall at the end of each three-month period provide a
statement in certification .form ..`signed "by`a".duly authorized officer
of the Club ;attesting to the prior quarter's membership
composition;
resident,, non, resident.,''User,non-.user the number
the facility; the number of newoccupancies by non resident Club
members` for. the prior quarter; the occupancy rate;;
charged; and any'"additional detail as the `Director of::Finance
the .City .;may prescribe.,
of guests using
he rates
The Club shall report quarterly -the public service programs,i
for
progress during the preceding- quarter, the number ofparticipants,
their narnes and any other: additional details as' may '•be required.
The reports'.`and-operations , thus reported, shall be subject
audit: by the City
on a.'yearly _basis,to' :determine .the additional
consideration, if any,
payable to the City, in accordance with the
terms of .this Agreement.
The Club agrees"that upon 'executionof th"is Agr.eement',
and every
• three-month_ period thereafter, the Club will provide the City with
a`complete listing of all Club members, all Club users,: their
residency status,: any,;chanaes in 'the prior
ree-month period, and
any. additional detail as the Director: of Finance "for;' the City may
prescribe:
ADJUSTtENT TO THE::CONSIDERATION
The yearly rental will beadjusted every five (5) years and sha].1 be
the greater of the following -
One hundred twenty:per..cent"'.(120%)'of, the base,-rent.yearly amounts
calculated on the square footageprovided' for the period -of this
Lease, asto the first adjustment;. and one "hundred twenty per cent
(120%) of the then existing: rent on any periods thereafter; or
'The yearly rental shall be paid
n a dollar amount` equivalent to
the present purchasing power of each do11ar
Chis:equivalent
amount will be deterrnined by dividing, the rental amounts applicable,
by the consumer price index" number for the last date for which.
computation has been made in 1979 by the Bureau of Labor Statistics
6
Rev 1
:of -the United States
Department of Labor for the month preceding
the month ih which'the'Lease becofnes effective and then multi ;.
plying .tihat amount, by' the index number for the month preceding
the month in'which the adjustment is•to'take place.
The per .,capita property taxes will be'adjdtted every':five (5) years
to correspond with the 'taxesand .popul`ation`.'in the year which the
adjustment is to take place.
L10ENSES, PERMITS,. TAXES AND. FEES
(a) The Clubshall obtain and'pay`for all licenses, permits
and: fees.
nece ssary,for;the Club to conduct business on ...the leased premises. The
'Club 'shall pay all taxes of whatever nature as are lawfully levied or
rents or.
assessed against the demised.premises'•and improvements, ' --sales,
operations thereon; Including, but not limitedto, ad valorem':' taxes,
payment thereof shall include taxes assessed for., the current year, if any
so assessed The Club further agrees to p
y.'all :of the
and the
said' taxes lawfully
assesped.,.on:such dates as they become due and payable. The failure o
the Club' to pay the`` taxes:' as aforesaid, shall constitute grounds
:rng.diate cancellation of this Lease by the City
e ,Club' is to
criarges and expenses of every nature that may. be imposed
for. the.
pay.all
upon said leased
pr .,-,is_ s and its appurtenances during the term of. this Lease :or' which'.may
g
arise during the term of this_Lease.
II PAYMENT OF UTILITIES
The Club shall pay.. all charges for ;utilities
including but not
to the leased premises,
limited to charges for water;, gas, sewage,:electricity,.a
telephone,.. during the ;term of this "Lease.
VI I I. CONDITIONS " PRECEDENT:
the City
or a
The Lease
d.
shall not-become,effective unless. and UntilapprOVal by
Cominission of the City of Miami.
(a) No structure of any kind now existing on -the premisesshall be altered
new structure erected upon the .'.herein :described.Premises unless the plans
fc+r said construction have been first
submitted to the City Manager and the,.,
....t;ctor of the Building and Zoning Inspections Department, of the, City; of Miami
for
approval.
(b) As a condition to this Lease, the Club shall'; obtain a
its"=Role
Cost
and expense all permits, approvals,._ licenses, and related documents from -any and a
ll
Federal, State, and local governments and agencies'reauiring them::.for'.construction
of a new club facility. The Club agrees that the City being the freeholder and
having vested rights in the real estate which is the subject of this Agreement,
7
Rev 1
shall be
permits.
City
the,_app1icant'and the Club its authorized agent in filing for all such
All such permits shall be and remain ,a
its successors or assigns,
permits or approvals
leased premises....
and shall attach copies thereof. Permits and licenses,
shall be issued in the name; of the City.
necessary . to
alltimes the property of the
The Club shall file' the applications for all
all
construction and/or dredging "onthe
inform the City Manager of all such; applications
commence
The Club shall
IX. 'ADJUSTMENT OF THE LOCATION.OF PREMISES
they 'are approved,
Should the.City or any governmental agency by,virtue
over publicly owned lands
of their
jur"indiction
require, for the purpose of development, publicneed,.
or any other public purpose, the realignment or relocation., of the ,demisedpremises
or parts thereof; then the Club shall be bound t
or adjustment as
X.
DREDGING
comply "with any' required changes
may be directed by the City Manager.
The City agrees to perrnit the Club to dredge the bay bottom land of the
demised premises for navigational approaches, and maintenance purposes
This permission to dredge is subject to
securing dredging approval
and conditioned upon the
all necessary governmental agencies -and
by the Club of allnecessary applications, fees, Bonds,
pursuant to the Code :of the
XI
City of 'Miami':
MINOR'REPAIRS`OF BOATS
'Only minor repairs or servicing of, boats. shall b
The Club
hauling
facilitiesshall not? be
of boats and craft..
Club-,
submission
documents -or plans
permitted on thepremises.
used for the purpose of' major "maintenance
or over-
XII. ALTERATIONS OF IMPROVEMENTS BY CLUB
The Club shall make no leasehold improvement, ,addition, partition,
alteration or adjustment to the leased premises, (maintenance and repairs excluded),
without first having obtained the written consent of":the City?
Manager; of the .City.
requests shall be.in,writing ,and, shall include ,plans and.specifications
thereto. All alterations,improvements,: additions, or :partitions made
All,
pertaing h
or installed by the Club on the .demised. "premises" authorized" under .prior' lease
agreements, and all alterations, improvements, additions, or partitions, both
real or personal made or
installed by the
Club on the; demised premises under the
provisions of this Lease shall become the property of the City of Miami upon the
expiration of this Lease.
Rev 1
XIII. ALTERATIMS OR ttEPAIRS BY THE CITY
The City shall, have the right to make sUch alterations, repairs or additions
to the leased premises as the City may deem necessary, without any liability to
the Club therefor, upon reasonable notice to the ClUb. (Incorporated by reference
is XXVIII b) for compensation. The Club shall cooperate with the City in making
such alterations, repairs or additions to the leased premises in 'Order that the
City may complete its work. The City will cooperate with the Club in, making such
alterations or repairs so as to not unreasonably disturb the Club in the operations
of the leased premises.
XIV. DEVELOPMENT PLANS
The development of new club house facilities is anticipated by the Club.
The developinental plan for the new club facility must complement the overall design
and planning for the Dinner Key area. The dry storage areas of the club facility
shall be adequately screened or landscaped. No structure of any kind now existing
on the premises shall be altered or new structure erected upon the der'ised premises
unless the plans therefor shall have been first submitted to the City Manager and
the Director of the Building Inspection Department of the City for approval.
, , „ . „. „ „•
XV..INSPECTION OF PREMISES
„ .
to'The C].ub agrees to perxnit the City Manager or his authorized representatlVe
enter the ti}k-.'.PUrpOse•.,whi,-.Chi:i.-;the,,City.':_::MOU,ger-,-cDf:':,the City
necessar or incidental to, or connected with, the perforuiance of Cty duties
or ObligatiOni:hereUnder:Or'..:-.4nthe.,--1.eXeriSeef::::-....theiCi''Yr'It*O-1Uiit41-i.,;
XVI.
'...:-•:,,MAINTENANCE. OF , PREMISES
(a) The Club shall, at its sole cost and expense, maintain the leas
premises and all improvements thereon in good order and repair-, and 1.!-; an attractive
_ .
clean and sanitary Condition: Upon the Club's failure to maintain the prenii.ses
and improvements thereon in the condition heretofore set forth, to the satisfaction
of the City Manager of the City; then, with prior notice to the Club, the City
through the City Manager may make at its sole opt3.'on, the necessary expendlturee
to maintain the premises and the improvements thereon in a good, clean: _sanitary,
ad attractive state, and shall assess the cost therefor or the cost of any
necessary repairs, against the Club and the Club shall, within ten (10) days after
receipt of notice of the cost thereof, remit said amount to the City, or otherwise,
shall be in default of this Lease.
9
shall be the sole responsibility of the Club to maintain the
structures, moorings,, equipment,furnishings and,fictures, and the land appurten-
ances thereon
and thereto, and the
Club shall abide by all: laws: and' make such
improvements as required by law at.its sole cost and: expense in operating -the
facility for the purposes, as provided
XVII.
POLLUTION
in this ' Lease.
The Club shall abide by'al1 Federal, State, County and City laws and
regulations either presently in existence or subsequeritly issued, with regard to
anti -pollution methods and
sewage waste disposal'.
a't'III'. COM"'LIANCE WITH' CITY, COUNTY, STATE AND FEDERAL LAW
The Club shal]. comply with all rules ,regulations .and Paws of the
City
of Miami, Dade County, the State of Florida, or the United States. Government
applicable to the leased premises and any improvements located ithereon. _Any
;`,
material failure to comply. with any such rule, regu].ation or law shall be
to be a default on the part of the Club.
•
XIX.
dock
save
any
HOLD HARMLESS PROVISION
The Club shall tnaintain aid supervise the leased premises,
deemed
including
docking and mooring facilities, in a safe condition,` and shall indemnify
harmless the City and its' Officers, Agents, and Employees, from and against
and al1 claims, suits, actions,;damages of` causes ofsaction .arising during
the term of
and
this Lease for any:`personal injury,, loss of life,'. or damage
result of
in or on the leased premises by::reason .of'oras a
Club's occupancy, use,' activities,; operation and construction
property sustained
or rising our of the
thereon; from and against any orders,
judgments,
or .decrees which may be entered
thereon; and from and atjainst all costs, attorney's fees`. expenses and' liabilities
incurred in the defense of any such claim and the investigation thereof`
Rev
10
XX.
INSURANCE
Club shall maintain during the term of this Agreement the followin
;u' Public Liability including products liability, Insurance in the
amounts of not less than $1,000,000.00 per occurrence for death
or bodily injury and not less than $50,000.00 per occurrence
for property damage.
A standard fire insurance policy on his premises and all furni-
ture, fixtures, equipment and improvements, including the perils
of fire, extended coverage, and other perils, for the actual
cash value thereof.
The CITY shall be named as an additional insured under the
;_olicies of insurance as required by this Agreement:
n':tomobile Liability Insurance covering all owned, non -owned,
a:id hired vehicles in the amounts of no less than $100,000.00
2:er accident and $300,000.00 per occurrence of bodily injury'
and $10,000.00 property damage.
The CITY shall be given' at least thirty (30) days advance written.
,otice of cancellation of said policies or any material modifi-
cations: thereof.
Certificates of insurance shall be filed•with the Finance Depart
rent, Risk,' Management Division of the.City:of Miami
r,surance coverage required' shall include those classifications
?isted`in standard liability insurance manuals, which most
nearly reflect the oprations of the Club
All insurance policies shall be issued by companies authorized to
do business under the Taws of the State of. Florida and must be
rated at least "A" as to management and Class "X" as to financial.;..
strength, all in accordance*to A.M. BEST'S KEY RATING GUIDE, latest
edition.
(i); TheCITYreserves the right to amend the insurance requirements ;.
as circumstances dictate in order to protect the interest of the
CITY in this. Lease Agreement.
(j) The Club shall furnish certificates of insurance to the,, CITY .prior.
to the commencements of operations, which certificates shall clearly
indicate the Club has obtained insurance in the type, amount,' and..
classifications as required for strict compliance with this covenant
and shall be subject to the approval of the Department of Finance,
Risk Management Division.
(k) The policy shall be endorsed as follows: -
"It is agreed that in the event of any claim.or suit
against the insured for damages coveredby this policy,
insurance company will not deny liability by the use
of a defense based upon governmental immunity."
XXI..;.
kind or
leased p
of any
RISK Or LOSS
The.Club agrees to assume all riskof loss, injury or damageof any
nature whatsoever to property now or` hereafter placed on or ;;within the
remises by the Club or others, and all risk or loss, injury: or damage
kind or nature whatsoever to the contents of all buildings,: docks, o
improvements made
by the Club to the structure 'of.structures, or to any goods,
chattels, merchandise,
or -to any e other ert propy t•hat"may now"orhereafter,b
placed upon said leased p
whether said loss, injury.
or from any other cause,
.growing
XXII.
by fire
remises, whether belonging 'to the Club' or'others,
,or damage 'results from fire, hurricane, rising water,
and to hold harmless the City from all claims; and suits
out of any such loss, injury, or damage.
PREMISES DAMAGE OR DESTRUCTION
(a) In the event the premises shall be destroyed or so damaged,'or'
or other casualty during the term of this lease whereby the same _shall be
rendereduntenantable then the Club
shall render
injured
said prexnises tenantable by repairs
within ninety (90) days therefrom or such. additional
by the City Manager of the City, in'writing
or
period of time; as
agreed to.
n the event ;the preises are substantially destroyed or so•damaged
(b) I
injured by fire or other casualty that the premises cannotbe rendered,tenatable
or that the Club elects not to. repair within the.ninety,,(90) day or other
as agreed -by the City Manager, then the proceeds.of the insurance policy.
covering such loss or damage
their
XXIII.
respective interests
ADVERTISING
shall be paid.to the
maythen appear and thisLease shall , be
period
or policies
City;of Miami andthe _Club ..as
deemed;" terminated.
The Club shal]. not permit any signs or advertising matter:;; to b
placed either
in the interior or upon the exterior of, any building or portion of the leased
premises without first having obtained the written
the City; however,
approval
the
City Manager of
the'Club may place usual or customary merchandising
the leased premises without approval provided that,
City notifies the Club in writing to remove any or all: o
of the
signs,
the
signs upon
in the event. the City Manager
these merchandising
the Club shall remove same within the time specified by the City Manager of
City.
XXIV.:
on accou
NON::: DISCRIMINATION
The Club agrees that there will be no discrimination against any
nt ancestry or national origin,
of race, color, sex, religious creed,
the use of the demised premises and the improvements thereon.
persons
It is expressly
in
1 1111111•1l111l
understood that upon proof of discrimination the City shall have the right to
terminate this Lease Agreement.
12
XXV.
ASSIGNMENT; SUBLETTItNG, OR TRANSFEP.:OF • STOCK
`The • Club• shall not assign`,this • Lease', nor sublet, nor'assign`or sublet
any portion of the demised premises, nor grant any concession whatsoever "during
without first having obtained the authorization of the
• term of this Lease
Commission of the City of Miami. The Club agrees that it will not transfer any
corporation subsequent to entering ` into this Agreement
r. is approved by the City.
XkVI ..: DEFAULT
In the event the Club fails to`comply with each and every term and
condition of this Lease, or fails to perform any of the terms and conditions
co: tai:ie:3 herein,
or fails to comply with the written directions of the City
Manager of the City within thirty (30) days after written notice t'o the Club
specific failure claimed by the City to exist), then the City, at the
City s sole option, and without further notice or demand to the Club,
this Lease and said Leaseshall be null'. and void and of no
a.t- effact, and the Club shall forthwith vacate the premises.
_.no terminate
XXV I I;.'
CANCELLATION. BY THE CLUB
may cancel
further
It is agreed that this Lease may be cancelled by the Club at any time
Don thirty (30) d
until such
ays written notice to the CityManager. The Club shall`
have the right to cancel this Lease at any, time but, such cancellation`s
any duty or obligation on. the City to make anycompensation or
ment to the Club for any part of the cost of construction or maintenance:o
impose
improvements made thereon by. the
X`:VIIZ.. CANCELLATION BY THE CITY
Lease
Club
(a) The City reserves the
o be null and void
right to cancel,
all not
reimburse -
any
terminate, and 'declare this
in the event the Federal or State government. requires
tha City to reacquire the demised premises, or said prernises are needed by the
Notice of cancellation shall begiven at
.;i.ty.
for any municipal purpose.
six (6)
Grove Sailing Club, P.O. Box 330586,
least
months in advance, in writing, and mailed to the Commodore, Coconut
Station, Miami, Florida
Coconut Grove
13
ev
33133.
(b) In the event the City cancels this Lease as provided in subpara
graph (a) above,; and for no other
the remaining
purpose, the City will reimburse the Club for
unpaid capital investment of any permanent leasehold improvements
constructed on the premises
of this Agreement
No, reimbursement
will be made if the termination
caused by the ,Club'sfailure to comply. with anyof the;'
other terms and conditions contained herein.
XXIX. NOTICES`
(a).
All notices shall be sent to the parties a
CLUB:
the following addresses:
Commodore, Coconut Grove Sailing Club
P.O. Box 330586, Coconut Grove Station
Miami,: Florida 33133
CITY: The. City Manager, City of Miami
3500 Pan American Drive, Dinner Key
Miami, Florida 33133
(b) The Club and the. City may change the above mailing addresses at;:
time upon giving', the other party written notification.
(c) All notices under this Lease must be in writing an shall be deemed
to be served
when delivered
to the address of the addressee. All notices
by mail shall be registered or certified mail, return receipt requested.
XXX. ATTORNEYS' FEES
n the event it becomes .necessary for ,the
City ,to file 'a
served
awsuit in .the.
appropriate court of law to enforce any of the,. terms ".and .' conditions of this
Lease, or
ditions as
reasonable
o"require -•the Club to perform any of the convenants or terms
and con -
provided herein, then the Club agrees that it: shall pay to the
attorneys' fees.
SURRENDEF. OF .PREMISES`
The Club agrees that it will quietly and peaceably quit
leased premises>to the. City at the end o
repair and condition
only expected.
City
and deliver
the lease term in the same
the
or. :better
as recieved, ordinary wear decay and damage by the elements
14
ev
I11IIIIII1II1u1uu1III-■ -
X
XXII. CANCELLATION OF PRIOR .LEA5E AGREEMENTUpon. the execution` by all parties of this Lease and when: approved by
the City Commission of the City of Miami,' the prior Lease`Agreeefient together
with amendments thereto, if any,shallbe vacated
of no further force and effect.•
XXXIII. .CAPTIONS
cancelled,set aside
an
The captions contained in this Lease are inserted only 'as a matterof.
convenience and; forreference, and in no way define, limit, or, prescribe the
scope of this Lease or the intent o
XXXIV.
TERMS BINDING ON SUCCESSORS'
any provision thereof.
This Lease shall be binding on the City and the Club, their successors
and assigns,and they shall abide by each of the terms and conditions hereof.:
PUELIC ACCESS` TO THE WATERFRONT.`
The public shall be allowed access to the waterfront areas of the
premises., said access being
15
leased
names to
IN WITNESS WHEREOF, the:parries-hereto.:have'
b•
e` subscribed, and. their;: corporate seals to:.be affixed hereto, this
the dayand year first above written,
ATTEST:
ATTEST;`
CITY CLERK
`SECRETARY
PREPARED AND APPROVED BY:
ASSISTANT CITY ATTORNEY
caused their respective"
THE :CITY " OF"MIA11I, FLORIDA,
municipal corporation
CITY MANAGER,
COCONUT ;GROVE. SAILING. CLUB; INC , 'a
non-profit corporation of the 'State
of Florida
APPROVED::AS.TO FOR:•i A,ID
•CORRECTNESS.
CITY ATTORNEY
or.: ence at the City Monument at. the intersection of City Monument Lines of MacFarlane
Roan and South Bayshore Drive; thence run southeastwardly along the City;:Monument Line
• • •t•arlane P.cad extended southeastwardly for a distance of 398.44 feet to a`point;
deflecting to the:right 82° 55'00" run southwestwardly fora distance.of 464.38
a i* which is known as station 14+00.00 in the stationing of the Dinner, Key
d...: aiso the Point of Beginning of the land hereinafter described; thence
•-e left 82° 55'00" run southeastwardly for a distance.of 510.00`feet to
trei e deflecting to the left 83° 00'00" run northeastwardly for a distance
" to a point; thence deflecting to the right 13° 35',00" fun,; northeastwardly
uist.anct of 730.00 feet to a point; thence deflecting to the'left 17° 40'00" run
northeastwardly for a distance of 50.00 feet to a point; thence deflecting. to.theleft
9r16 00'00" run northwestwardly for a distance of 885.00 feet to a point. thence'deflect-
thc: le-t 90' 00'00" run northwestwardly for a distance of 50.00 feet to a point;
thence deflecting to the left 1 54'38" run southwestwardly for adistance of 580.00
to a pnirt; ~hence deflecting to the left 9620'49" run southwestwardly for a
of 546..3E feet more or.less to the Point of Beginning, containing 18.45 acres
F•❑=l Nc. . 2 Shore' Land
r t: ,ntersection of .the Citymonument line of McFarlane Road,and:the City
r. .r'r.t lirn: c.` South Bayshore Drive; thence run northeasterly along the City:rnontunent
]Ii.e of South Ea/shore Drive a distance of 32.57 feet to a point; thence run southeast-
war.rly alone a line 32.50 feet northeasterly and parallel with the;. City..monument:line
• .;.,2, a distance of 200.44 feet` to the Point of Beginnning: thence run
:,.- ,east�a�.'].' E.1,inc a line 200.00 feet southeasterly.of,.and`parallelwith the City
+h.Bayshore Drive a distance of 292.00 feet, to'a.point;:thence run
-1cag a line 324.50 feet northeasterly of and parallel with the City
1:r •:clarlane road a distance of 150:`feet,_more..or less, to the present
.14.g , tie line ui Biscayne Bay; thence meandering the high' tide line of Biscayne Bay
run southwest,•arly a distance of 298 feet, more or less, to -a' point 23.50 feet north-
easterly of the City monument line of McFarlane Road; thencerun northwestwardly along
line 32.0 feet northeasterly of and parallel with•the City .Monument line of McFarlane
Road a distance of 180 feet, more or less to the Point of Beginning , including all
atrtctures or other installations now existing thereon;containing 1.1 acres
more or less.
#********************************i**i**********#
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* This is the best photograph we
: could obtain.
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