HomeMy WebLinkAboutM-79-050511. I I_U : 1;1'
li'1"t i 13-4 z'i'!c 1'40Ut4
Joseph R. Grassier
City Manager
J. E. Gunderson
Director of Finance.
c :err
July 18, 1979
Proposed Draft of Lease
Agreement. with
Miami Outboard Club
PILE:.
Attached is the proposed Lease Agreement to be presented to the Miami
Outboard Club.
TERM
The term of this Agreement shall be for a fifteen year period.
has no option to renew.
USE
The Club
The premises are to be used by the Club for the operation and maintenance
of storage and docking facilities, and a maneuvering area for small boats.
CONSIDERATION AND ADJUSTMENT
The consideration due the City shall be whichever is the greater of the
following:
A base yearly amount of;$16,622.00 as being equivalent to $.08
per square foot of shoreland area and $.02 for submerged'baybottom
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.
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 includedas additional consideration is a surcharge to the Club for any
occupancy of non -City of Miami residents in the Club's dockage and storage
facilities.
The rent will be adjusted every five years, and shall be the greaterof the.
following:
One hundred twenty percent (120%) as to the first adjustment,
and one hundred twenty percent (120%) of existing renton any
periods thereafter
0
-!joTi•e4/
7q•os'
79--,o6
4
Joseph R. Grassie
Page 2 of _2
July 1E
1979
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 to
reflect changes in both taxes and population.
TAXES
The lessee will pay any and all ad valorem axes levied and imposed o•
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.
ADJUSTMENT, OF THE PREMISES
Adjustment or relocation of the leased premises is provided,
of development regiirements`or any other public purpose.
JEG:WHHdnsm
n the
RESOLUTION NO.
A RESOLUTION AUTHORIZING TILE CITY MANAGER TO ENTEi: INT0'
THE ATTACHED ;LEASE .AGREEMENT WITII;.TIIE MIAMI OUT130ARD
CLUB PROVIDING FOR THE 'LEASING OF CERTAIN DESCRI13ED
CITY OWNED PROPERTY ON WATSON ISLAND.FOR A PERIOD�OF
FIFTEEN YEARS.
WHEREAS, the Miami Outboard Club has for many years been
public: lands on Watson Island; and
located on
WHEREAS, the lease between the Miami Outf3oard Club and, the City of
Miami for certain' described City owned property on Watson Island, expired as of
March 12, 1979;.and
WHEREAS,. the Miami Outboard Club has continued to occupy the
premises on a tenancy
at will on a month to month basis until this time; and
WHEREAS, both parties are desirous of .entering into a new lease
Agreement; an
MIAMI,
WHEREAS, the City Manager recommends the execution of this lease;
NOW THEREFORE,: BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
FLORIDA:
Section 1. That the City Manager is herevy authorized to execute
the attached Lease Agreement between the City of Miami < and the
Club for certain described City --owned property on Watson Island
of fifteen years.
PASSED AND ADOPTED this day. of 1979.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
ATTEST:
RALPFI G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK, ASSISTANT CITY ATTORNEY
APPROVED AS TO F0RM AND CORRECTNESS:'
GEORGE:F. KNOX, JR., CITY ATTORNEY
Miami Outboard
for
a period.
MAYOR
"DOCUMENT INDEX.
ITEM NO.
tf
41,
* 79-505
•
INDEX
I. DESCRIPTION OF PREMISES. --
II. TERM
111 pspc10,Jill40isps
IV. -:CONSIDERATION AND ADJUSTMENT TO SAME '
V. LICENSES, PERMITS, TAXES AND FEES
VI. PAYMENT OF UTILITIES
VII. 'CONDITIONSJ1RECEDENT:':
VIII. SOIL DISPOSAL EASEMENT
IX. :ALTERATIONS OR IMPROVEMENTS
X. ALTERATIONS OR REPAIRS BY CITY
'•• • •
„. • •
XI'INSPECTION YOF 'PREMISES
XII.MAINTENANCE OF PREMISES
XIII.' POLLUTION CONTROL
XIV. COMPLIANCE',WITirCITY, COUNTY, STATE AND FEDERAL LAW::
XV.. -NOLDA1ARMLESS:PROV/SION
XVI. .*.-:INSURANCE -
XVII. ..''RISKOF..'LOSS:-.
XVIII. .-PREMISES'DAMAGEOR,DESTAUCTION.-.
XIX. -ADVERTISiNd.
„ .
XX.
XXI. ASSIGNMENT, SUB -LETTING, OR TRANSFER OF STOCK
XXII. DEFAULT
XXIII. ATTORNEYS' FEES °SU PTIVE
xxiv. CANCELLATION BY CLUB
,
DOP t "
XXV. CANCELLATION BY CITY
XXVI. NOTICES
XXVII. SURRENDER OF PREMISES
XXVIII. OBTAINING APPROVAL OF LEASE
XXIX. CANCELLATION OF PRIOR LEASE AGREEMENT
XXX. CAPTIONS
XXXI. TERMS BINDING ON SUCCESSORS
XXXII. ADJUSTMENT OFAsHE'LOCATION:OF:PREMISES-.
WHEREAS, the City of Miami considers the above -named services
to be services of a public nature, quasi -municipal in character; and
WHEREAS, the Miami Outboard`. Club has established itself ,inter`
nationally as an assetto small boating and in so doing publicizes the City':.
of Miami; and
WHEREAS, the City of Miami desires to aid insofar as ;is possi-
ble the small boat industry of the City of Miami; and
WHEREAS, the, Miami Outboard Club has financed and built the`fa-
cilities it is now using on a portion, of, Watson Island, and that the
said club occupied a portion of Watson Island prior to the
received a deed from the I I. Board to Watson Island
WHEREAS, the greater interest of the members o
public, generally, will be better served by thefacilities of the Miami
Outboard Club to, include substantial improvements, for the purposes herein
time the City
said Club and the
expressed and will aid in focusing the attention of the public „generally and the
visiting tourists tothe recreational facilities available in the Miami area;
WHEREAS, the City of Miami recognizes that the Miami Outboard
in order to finance additional improvements necessary to its
make available launching facilities to its members and to the public
a `Please;: an
Club,
operation and to
must have
WHEREAS,the City of Miami its
overall developmentplanfor
Watson Island does not for such purposes presentlyneed the premises herein
demised; and:
WHEREAS,
Resolution No.
the Commission of the City of Miam
, dated
bythe adoption of
authorized the City Manager to execute a new lease agreement
Outboard Club,
1979,
with the Miami
Inc., for a period of fifteen years for certain described.
City -owned property on Watson
Island;
NOW, THEREFORE, in consideration of the premises and mutual covenants
thereinafter contained to be observed and performed, by the parties hereto
covenant and agree as foliows:
"SUPPORTIVE
E
DOCUMFN ,
FOLLOW"
LEASE AGREEMENT
THIS LEASE, made and entered into this
1979, between THE CITY OF MIAMI, a municipal corporation o
the State of Florida, Lessor, (hereinafter referred to as "City'')
MIAMI.OUTBOARD CLUB, INC.
WHEREAS
of ''Florida
the Charter of the City of Miami authorizes and empowers
the City of Miami to do all things whatsoever necessaryor expedient for
promoting or maintaining the general welfare of the City:, of Miami or its
inhabitants; and
WHEREAS,
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 small
boat facilities in the City of Miami. adjacent to Biscayne Bay; an
WHEREAS, the Miami Outboard Club has since the year 1947 main-
tained such facilities on a portion of Watson "Island and such facilities
have been, used by not only the members of the C].ub the the public;. as well;
and
WHEREAS, the Miami Outboard Club since its occupancy of a:por
tion ofWatson Island has:
1. Taught small boating, water--skiiing, fishing,
navigation: regulations, water safety, and other allied sub-
jects to its members, to the youth of the area, and to the
and maintained not only for itself.
in cooperation with the United:. States Coast Guard and the
City of. Miami a Radio Patrol Team (being the first small
boat radio patrol team in the nation) which has been of <.:.
service in times of emergency as well as boating regatta,
all of which has been of benefit to the general welfare of'
the City of Miami and its inhabitants;
3.Established andconducted regatta which have
brought and will continue to bring international publicity
to Miami
4. Combatted,` through its activities in an affir-
mative manner, juvenile delinquency in the City of Miami;
and
5.. Aided in providing facilities for small boat-
ing in the City .of "Miami; and
6. Pioneered small boating in the. Miami area and
this pioneering has aided in establishing small boating as
a major "economic asset to the Miami. area.
WHEREAS, the City of Miami considers the above -named services
tobe services of'.a public nature, quasi -municipal in character; and
WHEREAS, the Miami Outboard,Club has established itself inter
nationally, as an asset to small boating and in so doing publicizes the City
of Miami; and:
WHEREAS, the City of Miami desires to aid insofar as possi-
ble the small boat industry; of the City of Miami; and
WHEREAS, the. Miami Outboard Club has financed and built the
cilities it isnow using on a portion of Watson Island
said 'club occupied a portion of: Watson Island prior to the time the City
received a deed from the I. I. Board to Watson Island
public,
WHEREAS, the greater interest of the members of said Club and the
generally, will be better served by the facilities of the Miami
Outboard Club to include substantial:, improvements for the purposes herein
expressed and will aid in focusing the attention ofthe public generally and the
visiting tourists to the recreational facilities
available in the Miaxni area;
WHEREAS, the City of Miami recognizes that the Miami Outboard Club,
in order to finance additional improvements necessaryto its operation and to
make available launching facilities to its members and to the public must have
a lease; and
and that the
WHEREAS, the City of Miami in its overall development plan for'.
Watson Island does not for such purposes presently need the premises herein
demised; and
WHEREAS, the Commission of the City of Miami, by the adoption of
Resolution No.
authorized the City Manager to execute
Outboard Club, Inc.,
dated
,'1979,.
a lease agreement with the Miami
or a period of fifteen years for certain described
City-ownedproperty on Watson Island;
NOW, THEREFORE, in consideration of the
thereinafter contained to be observed and performe
covenant and agree as follows:
premises and mutual covenants
d. by the parties hereto
"SUP'ORTIVF
DOCUrvi
E '
FOLD v;V,,
beginning on the
the,. day o
III. USE OF.'PREMISES
premises, to
DESCRIPTION OF PREMISES:'
The City hereby leases unto the Club for the purposes and under the
conditions hereinafter` set" forth the foll owingreal.;property and bay.=bottom
lands located on Biscayne Bay, City of Miami, Dade County, Florida, legally.
described
as: follows:
According to Schedule A, attached hereto and made a
a part hereof..
II TERM
The term of this Lease Agreement shall be FIFTEEN (15) years,
and terminating on
1979,
Club shall have exclusive rights, at the previously described
conduct all of the usual functions incidental to
Outboard, Club
operations,. sub)ect to the qualifications contained in the provisions of this
Lease.. The operations as authorized upon the premises shall be designed
primarily to serve the menbers of the Club, the boating public, and visiting
touri
sts and for no other purpose. Food and beverage operations shall be
permitted as a service to Club members and guests..
(b) Club shall make no unlawful, improper or offensive use
the leased premises.
(c) The Club shall not engage in the sale of food and alcoholic
beverages, or the sale of other merchandise to thepublic without first
obtaining the written consent of the City Manager of the City.
and all rights of th Club hereunder shall, at the
option of the City, cease and terminate upon discontinuance of thestated
use and operation of the premises by the Club.
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IV.
CONSIDERATION AND AUJU�S'1'MLN'I'S TO :SAMF1:''
The annua].'rental payable monthlyto the City shall be the
greater of the following:
(a)
A base yearly recital amount. 0
16,622.00
This amount
abed upon $.08 per square: foot of shorelatid area and $.02 per
:square foot for °submerged l:iaybottom area, asagreed upon; or
(h).
The per capita property tax, defined ay the City's.property
tax revenues for a given yeardivided by the City's population
as esrt1nated by the "bureau of the Census for the subject year,
multiplied by "the
number of Club Members that do not have their
place of primary residence wi.thii the City of Miami.
Owning a
home and paying property taxes to the City or being a registered
';voter°o
the Citywill constitute residency.
The yearly; rental will be adjusted every five (5) years and shall
be the greater of the following:
One hundred twenty per cent (120,) of the base" rent yearly amounts
calculated on the square footaycs provided tor the period of this Lease, as
to the first adjustrnunt; and one hundred twenty, per cent (120%) of the then
existing "rent on any periods thereafter; or
The yearly` rental shall be paid in a' dollar. amount
present. purchasing power of each dollar.:
equivalentto the.
This equivalentamount will be.
do teititiiied; by dividing the: rental amounts applicable; by the consumer price
index' number for the .last :]ate for which computation; has been made .in 1979
by iho bureau of Labor Statistics of the United States Department of Labor for
the month precc:di;•,g;the month in which the Lease becomes etiective and then
•multiplying that amount by the index number for the month: preceding the month
which the adjusttn •nt is to take place", ` whichever" is
it
The per capita property taxesshall
correspond with the taxes and Population at that
date
greater
be adjusted:
time.',
each five years to
In addition t0 the" aforementioned rentamounts after the 'effective
of this Lease Agreement, the rental and new occupancy of a
berth,
"SUPPORTIVE
DOCUMENTS
FOLLOW"
•
c
mooring
in which aboat is kept, by
institute an additional annual twenty per cent
per capita:;property_.tax
by a non-resident; member.
cradle , dock slip or any other type of spacu within the premises
b anon=residentmember, as herein specified, will
(20%)"surcharge, based upon the
as hereinabove defined, for each occupancy.`of space
;The-City.agrees that
any of the aforementioned surcharge axnountS received
by the City shall be placed in"a separate. account_within the'Marina Enterprise Fund
dedicated to developmentand improvement of. the City's.,Marinas.
The Club agrees that one -twelfth (1/12) of.the" annual base yearly rental.;,,
shall be paid for the current month on or before the twentieth day of each month
from. the prior month."
along with
Along with sai
surcharge which rnay,.be.'due . from the
d payment,"th"e Clubshall.provide a statement in certification
operation
form,
signed by a dulyauthorized ofticer of. the Club attesting to, the prior months.
membership composition, resident,.non-resident; thejiuMber
non-resident Club- members for theprior month; the
and any additional detail as the
occupancy rate;
Director of Finance
reports and operations�,_thus reported,shallbe
occupancies by
the rates charged;
for 'the City".may prescribe.' These
yearly" basis, to determine<the additional consideratiop,
accordance with;the`_terms:of1this Agreement.-
o the City, in
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1
1
1
1
V._ LICENSES, PERMITS, TAXES AND FEES (a) The Club shall obtain and pay for all licenses, "permits ,"and
`
fees necessary for the Club to conduct business on the leased premises. The
Club shall pay all taxes.of whatever nature as are lawfully levied or assessed
against the demised premises and improvements, sales, rents, or operations"
thereon including, but not limited to, ad valorem taxes, and the payment thereof.
so assessed. The
shall include taxes assessed for the current year, any are
Club further agrees to pay all of the said taxes lawfully assessed, on such
dates "asthey become due and payable. The failure ofthe Club to pay the
taxes as aforesaid, shall constitute grounds for the immediate cancellation of
this Lease by the City. The Club is to pay all charges and expenses of every
nature that may be imposed upon said leased premises and its appurtenances"
during the term of this Leaseor which may arise during the term of this Lease.
(b) Upon termination of this Lease,. whether by expiration of the
terms hereof. or for any other cause whatsoever, all licenses, including,
but not limited to beer, wine, and liquor licenses, shall become the property
of the City, and said licenses shall immediately vest in the City.
PAYMENT OF 'UTILITIES '-
The Club shall pay all charges
including but not limited to charges for
telephone, duringthe term of this Lease.
VII.
CONDITIONS PRECEDENT
This Lease
The City Commission.of the City, of Miami.
expanded docking facilities shall be
for utilities to the leased premises,
water, gas, sewage, electricity, and
shall not become, effect
'SUPPORTIVE
DOCUMENTS
ENTS
ive inb�s �ntil approved by
The approval of the aforementioned
first obtained by the Club from the
followings` (1) The United States Corps of Engineers, (2) The United
States Coast Guard, (3) The Trustees of the State of Florida". Internal Improve-'
ment Fund, and (4) The City of Miami Department of Public Works and the City
of Miami Building Department, (5) all other permits required by law.
VIII. SOIL' DISPOSAL EASEMENT
It is further understood and agreed by and between the; City and,the
•
Club that this Lease is
subject to the provisions of a certain Soil Disposal
Easement "between the, City of Miami and the United States of America,_ dated the
18th day of February, 1948, for the dumping of; fill on the property
•
79'505
described hereinabove and in front of the property described hereinabove,
and that the Club agrees not to interfere with any operations by the United
States of America pursuant to the said Eaement.
IX. ALTERATIONS OR IMPROVEMENTS BY CLUB:,...
The Club shall make no leasehold improvement, addition, partition,
alteration or adjustmentto the lease having leased premises without first obtained
'written consent of the City'Managerof the City.: All requests shall be in
writing and -shall include plans and specifications pertaining thereto. All.
alterations, improvements, additions, or partitions made or installed by the
Club on the demised premises authorized under; the 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
expiration ofthis Lease.
X. ALTERATIONS OR REPAIRS BY CITY:
The
upon 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. The Club shall cooperate with the City
in making such alterations, repairs or additions to the leased premises in
order that the Citymay complete its work. The City will
Club in making such alterations or repairs so
cooperate with the
as to not unreasonably disturb
the Club in the operations of the leased premises.
INSPECTION OF PREMISES:
The Club agrees to permit the City Manager or his authorized
representative to enter the premises at any time for any purpose which the
City Manager of the City deems necessary or incidental to, or connected with,
the performance of City duties or obligations hereunder, or in the exercise•
of the City's rights or functions.
XII. MAINTENANCE OF PREMISES:
(a) The Club shall, at its sole cost and; expense maintain the leased
premises and all improvements thereonin good order and repair, and inan
attractive, clean, and sanitary condition.:` Upon the Club's failure to maintain
the premises and improvements thereon in the condition heretofore setforth,
to the satisfaction of _ City Manager of the - g City, then the City, through the
City Manager, may make, at its sole option, the necessary expenditures to
C1/4'
maintain the premises and improvements thereon in a good, clean, sanitary and
attractive state
necessary repairs
and: shall assess
against the Cluband the Club shall
within ten (lq_ days
after receipt of, notice of the cost thereof,.•. remit said amount to the City,
or otherwise, shall be indefault of this. Lease.;
(b) It shall be the sole responsibility of the. Club to
maintain .
the structures, equipment, furnishings and fixtures, and the land and appurten-
ances thereon and thereto, and the Club shall abide by all laws and make
improvements' as
such
required by law at its sole cost and expense in operating the
facility for the purposes as provided in this Lease.
XIII.�
POLLUTION CONTROL:
The Club shall comply, and abide by all Federal, State,: County and
City laws and regulations either presently inexistence or subsequently issued,
with regard to anti -pollution methods and sewage
COMPLIANCE' WITH CITY, COUNTY,, STATE AND FEDERAL LAW
XIV.
The Club shall comply with all rules, regulations and laws; of,
the City of Miami, Dade County, the. State of Florida, or the United States
Government, applicable to the leasedpremises and any improvements located
thereon. Any material failureto comply with any, such rule, regulation or
law shall be deemed to be a default on the part of the Club.
XV. HOLD. HARMLESS PROVISION:'
The Club shall maintain and supervise the leased premises, including
docking facilities, in a safe'. condition, and shall indeiniufy and save harmless
the City, its Officers, Agents and Employees, from andagainst any and a].1
claims,
action arising during the term of
this Lease for any personal injury, ].oss of life, or damage to property sustained
in or on the leased premises by reason
Club's occupancy, use, activities, operation and construction thereon, 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 the
XVI.
defense of any such claim and the investigation thereof.
INSURANCE:
The Club shall maintain during the term of this Agreement the
following insurance �ln
7 n
ORT!VE
�►-JVV L
r79-5°5
XVII.
. Public Liability including Products Liability Insurance, in
the amounts of not less than $) PeI °0• per occurrence for
death or bodily injury and not less than $50,000,per"occurrence
for property damage.
1
A standard fire insurance policy on this premises and all
furniture, 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
policies of insurance as required by this Agreement.
. Automobile Liability Insurance covering all owned, non -owned,
and hired vehicles in amounts of not less than $100,000.00 per
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 notice, of cancellation of said policies or any material
modifications thereof.
Certificates of Insurance shall be filed with the Finance
Department, Risk Management Division of the CITY of Miami.',
The insurance coverage required shall include those classifications
as listedin standard liability insurance manuals, which most
nearly reflect the operations of the Club.
All insurance policies shall be issued by companies authorized
to do business under the laws 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.
The CITY reserves the right to amend the insurance requirements
as circumstances dictate in order to protect the interest of
the City in this Lease Agreement.
▪ The Club shall furnish Certificates of Insurace to the City prior
'to;the commencement 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.
The policy shall be 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 upon governmental immunity.".
RISK OF LOSS:
The Club agrees to assume all risk of loss, injury or damage of any
kind or nature whatsoever
to property now or hereafter placed
or within the
injury or damage
of any kind or nature whatsoever to the contents .of ..ail--laullainga-;• docks`
improvements made by the Club to the structure of structures, or to any goods,
•
merchandise, or to any other property that may now or hereafter be,
chattels,
Placed upon said leased premises, whether belonging to the Club or others,
whether said loss injury or damage results from fire, hurricane, rising
water, or from any other cause or agency, and whether the same be caused
by the negligence of the City, or any of its employees, agents, or otherwise,
and to hold harmless the City from all claims and suits growing out of any
such loss, injury, or damage.
XVIII. PREMISES DAMAGE OR DESTRUCTION:
(a) In the event the premises shall be destroyed or so damaged,,
this Lease whereby
or injured by fire or other casualty during the term of
the same shall be rendered untenantable, then the Club shall render
premises untenantable by repairs within ninety
additional period of time as agreed to by the City Manager of the City,
in writing.
(b) Inthe event the premises are substantially destroyed or so
so damaged or injured by fire or other casualty thatthe premises cannot be
rendered tenantable or that the Club elects not to repair within the
ninety (90),dal, ;or"other period as agreed above by the City Manager
said
proceeds of the insurance
policy, or policies
(90) days therefrom or such
then the
covering such loss or damage shall
be paid to the City of Miami and the Club`as their respective interests may
then appear apd this Lease shallbe deemed terminated.
XIX. ADVERTISING:
The Club shall not permit any signs or advertising matter to be
placed either in the interior or upon the exterior of
of the leased premises without firsthaving obtained the written approval of
any, building or portion
the City Manager of the City; however the Club may place usual or customary
leased premises without approval' provided that,
merchandising signs upon the
in the event the City Manager of the City notifies the Club in writing to
remove same within the time specified by the City Manger of the City.
XX. NON-DESCRIMINATION:`
The Club agrees that there will be no discrimination against any.
persons on account of race, color, sex, religious creed, ancestry or national
origin, in the use of the
demised premises and the improvements thereon.
It
is expressly understood that upon proof of discrimination the City shall have
the right to terminate this lease agreement.
"SUPPORTIVE
r, r..., , i n h •MJ
Q�.L'u:;J v I ,
IL
Ir►
XXI. ASSIGNMENT, SUBLETTING, OR TRANSFER OF STOCK:
gthis Lease," nor sublet,assign
The Club shall not assign nor or
sublet any portion of the dernised premises, nor grant any, concession whatso-
ever:during the term of this Lease without first having obtained the author-
ization of the Commission of the City of Miami._ The Club agrees that itwill
not transferanyystock in' the corporation subsequent to entering
po q into. this
agreement until such transfer is approved by the City.
XXII. DEFAULT:
n 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 nditions
containedherein, or fails to comply with the written directions of the City
Manager of the City within thirty (30) days after written notice to the Club
(of 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, may
cancel:. and terminate this Lease, and said Lease shall be null and void and
of not further force, and effect, and the Club shall forthwith vacate the
premises.
XXI II . ATTORNEYS' FEES:
In the event it becomes necessary for the Cityto file
a, -lawsuit
in the appropriatecourt of law to enforce any of the terms and conditions
of, this Lease, or to require the Club to perform any of the covenants or
terms and conditions as provided herein, then the Club agrees that it shall
spay to the City reasonable attorneys' fees.
XXIV." CANCELLATION BY CLUB:.
It is agreed that this, Lease may be cancelled by the Club at any
time upon thirty (30) days written notice to the City Manager of the City.
The Club shall have the right
such cancellation shall not impose any durty or obligation on the City.. to
to cancel this Lease at any time _but
make any compensation or reirnbursement to the Club for any part of the cost
of construction or maintenance of any improvements s made thereon by- the"Club.
XXV. CANCELLATION: BY THE CITY:
(a) The City reserves the right to cancel, terminate, and: declare
:this"Lease to be null and void in the event,the Federal or State government
�.i
requires the City to reacquire the demised premises,, or said premises are
needed by the City for any municipal purpose. Notice of cancellation shall
be given at.least -six '(6).months in advance, in writing, and mailed to the
ommodore, Miami Outboard Club, 1099 McArthur Causeway, Miami, Florida, 33132.
(b) In the event the City cancels this Lease as provided in
subparagraph (a) above, and for no other reason, the City shall pay to. the
Club the appraised actual value of the improvements (taking;. into consideration
the unamortized life of the improvements) which the Club has placed upon the
demised premises, together
with depreciation. The appraised actual value shall
be obtained, from qualifiedreal estate appraisers, the
City to appoint, one and
the Club to appoint another, and: those two appraisers.to
unless they are unable to agree, in
render their.
report,
which event, the two appointed appraisers
shall selecta third qualified real estate appraiser and the report of the
three appraisersshall be binding upon the parties hereto., In the event said
three appraisers are unable to agree, the City and the Club shall have the
right to petition the Circuit Court or properly ascertain the
value.
Said payment
of the actual value of the improvements
appraised actual
if any, shall be.
thin
thirtymadebe
days of the next ensuing budget year. Said appraisers' fees and costs to be
paid equally by the City and the Club. No reimbursement will be made if
termination_: of this agreement is caused by`th..`Club's
any of the terms herein.`
XXVI.
NOTICES:
(a) All.notices ;shall' be
addresses:.
failure to comply with.
sent to the parties at the following
"SUPPORTIVE
DOCU M E ITS
FALLOW„
CLUB: Commodore, Miami Outboard Club
1099 MacArthur Causeway
Miami, Florida 33132
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 any time upon giving the otherparty written n•otification..
(c) All notices under this Lease must be in writing and shall
be deemed to, be served when delivered to the address
All notices served by mail shall be registered or certified mail, return
of the addressee.
receipt requested.
XXVII. SURRENDER OF PREMISES
The Club agrees that it will quietly and peaceably quit and de-
liver the leased premises to the city
y at the end of the lease term in thee.
same or better repair and condition as received
damage by the elements only excepted..
XXVIII. OBTAINING" APPROVAL' OF LEASE
ordinary: wear,:decayan
That prior to this Lease becoming effective, the Club shall ob-
tain from the Trustees of the Internal Improvement Fund of the State of
Florida, the approval of this Lease or such other legal document approved
'by the City Attorney which would indicate that the Internal Improvement
Fund of the State of Florida does not find this Lease to be in violat
ion of
the deed restri
ctions of that certain Deed No. 19447.between Internal.
Improvement Fund of the State of Florida and the City of Miami' dated Feb-
ruary 2
,1949, recorded in Deed Book 3130, Page 257, of the Public
of Dade County, Florida, under Clerk's
XXIX. CANCELLATION OF PRIOR LEASE AGREEMENT
Upon the execution by all parties to this Lease and when approved •
Records
by the City Commission of the ,City of Miauu, the Lease Agreement dated
• June 6, 1957, together with amendments thereto, if
any, shall be vacated,
cancelled, set aside and of no further force and effect
XXX.
CAPTIONS"
The captions contained
in this " Lease >are :inserted only, as a matter
of convenience, and for reference, and in no way define, limit, or prescribe
thescope of this Lease or the intent of any provision thereof
XXXI. TERMS "BINDING" ON SUCCESSORS"
This Lease shall bebinding upon the City and tae Club,". their.
successors, and: assigns; and, they shall abide by each of the terms and
conditions hereof:
XXXII.ADJUSTMENT OF THE LOCATION OF PREMISES
Should the City orany governmental agency by virture of their
jurisdiction over publicly owned lands require, for the purpose ofdevelopment,
public need, or any other public purpose, the- rea'lignmen _=ot--,re'location• of the
demised premises or parts thereof; then
the Club shall be bound to comply
with any required changes or adjustment asmay be directed by'the City
Manager.
IN WITNESS WHEREOF, the parties hereto have caused
their respective names to be subscribed and their corporate
seals to be affixed hereto, this the day and, year first
above written. This agreement.. shall not go into effect
and conditions
until the parties hereto comply with the terms
set forth by the Internal Improvement Board of the State
Florida; said terms and conditions are recorded in the
minutes of the Internal Improvement Fund of the State o
Florida and are recorded, in their
minutes of the meeting o
May 28, )957, held in Tallahassee, Florida, and that said
Board has found that this Lease is not inviolation of any
restrictions or limitations of record of the use which may
be placed upon the demised land.
THE CITY OF MIAMI, FLORIDA a
municipal corporation
By
ATTEST:`
CITY
MANAGER
CITY CLERK
MIAMI_.OUTBOARD CLUB, INC. , a
non-profit corporation of the
State of Florida
PRESIDENT.<
ATTEST:
SECRETARY
PREPARED AND APPROVED BY:
ASSISTANT CITY ATTORNEY.
APPROVED AS TO
CORRECTNESS:
J ? -"D1 VE
SOU M ENTS
FORM AND
GEORGE F. KNOX, JR.CITY ATTORNEY
Commence at 'a point shown as P.T. Sta. ,' 47 *16 98::.
on the OFFICIAL MAP. OF LOCATION AND SURVEYOPA' PORTION
OF SECTION 8706, DESIGNATEDAS A PART OF STATE ROAD
A-1-A _IN DADE .COUNTY, .FLORIDA,: as recorded in Mai, ,Book`
56at Page 71 of the Public:Records, of Dade County,
Florida,;. said point being he point of tangency of the.
centerline of the most southerly curve of . General
,Douglas MacArthur Causeway running:northwestwardly from
the southeasterly corner of Watson Island and having a
radium of 1910..08 feet and a central angle of 34.47'15
thence., run northeastwardly along.. the, radial line of the
abovementioned curve for a distance of 65.00:feet..to the`.
point of beginning' of the parcelof land hereinafter ..,.,>
described; thence run northwestwardly along the:northerly;
right-of-way 'line of said _ General Douglas MacArthur
Causeway, said line being the arch of a curve having a
radius of 1845.08 feet and a central angle of.;23.08'10"',
for a distance : of 745 . 05: feet to apoint;. thence. ."
deflecting;. to the right 91 25'55" from a line tangent to
the last mentioned curve at; -this.; point, run northeast
wardly'for a distance of 549.84 . feet, more orless, to
a point, thence deflecting :.to " the right 118.' 00'`00", run
south _ eastwardly for a distance :of816._62";feet, more
or less,.: to the point of. beginning, containing 4.77,:_acres,
more or less.
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DEPARTMENT OF Pl
CITY OF MIAMI
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OCUM EN rs
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WHEREAS, the City of Miami considers the above -named services_
to be servicesof a. public nature, quasi -municipal in character; and
WHEREAS,the Miami Outboard Club has established itself inter-
nationaily as an asset to small boating and in so doing publicizes the City
of Miami; and
WHEREAS, the City of Miami desires to aid insofar as is possi
ble the small boat industry
of the City of Miami; and ..
WHEREAS, the, Miami Outboard Club has financed and built the fa
cilities it is now using on a portion of Watson Island, and that the
said club occupied a portion of. WatsonIslandprior to the time the City
received a deed from the I.
WHEREAS the greater interest of the members.of said Club and the
public, generally, will be better served by the facilities of the Miami
Outboard Club to include substantial improvements for the purposes, herein
expressed and will aid in focusing the attention of thepublic generally; and the
visiting tourists to
the recreational facilities availablein the Miami area;
WHEREAS, the City of Miami recognizes that the Miami Outboard Club,
in order to finance additional improvements necessary to its operation and to
make available launching facilities to its members and tothe public must have
a lease; and:
WHEREAS, the City of Miami in its overall :development :plan for.
Watson Island. does not for such purposes presently need thepremises herein
demised; and;
WHEREAS, the Commission of the City of Miami,' by the adoption o
Resolution No.
.:dated
1979,
authorized the City Manager toexecute a new lease .agreement :with :.the =Miami
Outboard. Club, Inc. ,"for :a period of fifteenyears for certain described
the premises and mutual covenants
thereinafter contained to be observed and performed, by the parties hereto.
fl
DESCRIPTION OF PREMISES:
The City hereby leases unto the Club for the purposes and under the
hereinafter. - -
conditions" set forth, the foliowing real property and bay bottom
lands located on Biscayne Bay, City of Miami, Dade County Florida, legally
'described "as.foliowss
According to Schedule A, attached hereto and made a
a part .hereof.
II. TERM
The term of this Lease Agreement shall be FIFTEEN (15)'years,.
beginning on the
the
day of
III. USE'OF PREMISES'
day
of
1994.
1979, and terminating on
(a) Club shall have exclusive rights, at the previously described
premises, to conduct all of the usual, functions
incidental to :.Outboard`:"Club
operations; subject to the qualifications contained in
Lease. The operations as authorized upon the premises
primarily to serve the members of the Club,the boating
tourists, and for ;) other purpose Food andbeverage.
permitted as a service to Club meithers and guests.
the provisions of this
shall be designed
public,. and visiting
operations = shall. be
(b) Club":shail make n61 unlawful, improper or offensive use.o
the leased premises.
(c) • _The Club shall
not engage in the sale offood and alcoholic
beverages, or the sale of other merchandise to the public without first
obtaining the wrxtten consent of the City Manager of the City..
(d) This Lease and all rights;. of.thd Club hereunder shall, at the
option of the City, cease and terminate upon discontinuance of the stated.
use and operatxon of the premises by the Club.
•