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HomeMy WebLinkAboutR-79-0324RFC/ rb 4/10/79 RESOLUTION NO. A RESOLUTION AUTHORIZINGTHE CITY MANAGER TO ENTER INTO THE ATTACHED LEASE AGREEMENT BETWEEN THE, CITY AND THE CORAL REEF YACHT CLUB FOR CERTAIN DESCRIBED CITY -OWNED PROPERTY FOR A PERIOD OF 15 YEARS FROM MAY 22, 1979 THROUGH MAY 21, 1994. "SUPPORTIVE DOCUMENTS Fl%L O " WHEREAS, Club and the y the the lease between the Coral Reef Yacht City of Miami. for certain Bay property, owned City, expired as of April 9, 1977; and WHEREAS, the Coral Reef Yacht Club has continued o 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; and WHEREAS, the City Manager recommends the execution` of this ,lease; NOW. THEREFORE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI.`FLORIDA: Section 1. The City Manager is hereby authorized„ to execute the attached Lease Agreement between. the City. and the Coral Reef Yacht Club for certain described City -owned property for a period of 15 years from May 22, 1979.through May ;21, 1994 PASSED AND ADOPTED this, 22 day of May RALPH:, G. ONGIE, CITY CLERK PRE ARED AND APPROVED BY Maurice A. Ferre • MAYORDOCU.MENT_ INDEX 1979. ROBERT F. CLARK, ASSISTANT CITY ATTORNEY: GE RG TO FOR . KNOX, JR ND CO''- TNESS: ATTORNEY ITEM NO. CITY COMMISSION MEETING OF MAY 2 2 if `j mum w.. 3.2 4 .7..Si4 1..A.MN.M N..-1. 114 C.Ir" 1::r '.11AN11, t''L^IllLR INT'E,-t"7F FlCt :•1EmoRte+r\low1 t'h'Otd Joseph R. Grassie'- City Manager mes E. Gunderson irector Department of Finance Attached is the Yacht Club. TERM::': ate• May;. ritt.FERENCES: • 1979 FIL. Lease Agreement with Coral Reef Yacht Club sr4ci:asuRProposed posed. Lease Agreement proposed bay bottom lease agreement with Coral The term of this agreemeflt no option to renew. shall be, for 15 years. The :lessee Reef has USE The bay bottom lands are to be used by the lessee for the construc- tion," operation, "and -maintenance ofdocking "facilities and maneuver- ing area for berthing of vessels. CONSIDERATION. AND ADJUSTMENT The rent shall be paid upon commencement of the lease and each anni- versary date throughout the term of the lease. The annual rental shall be $5,576.30 until permits are obtained to install the pro- posed new structures. Upon issuance of permits the rental shall increase $940.40 per year, prorated from the time consents are obtained; the total -rental will then be $6,516.70 annually. The rent will be adjusted every five years and shall be the greater of the following: One hundred twenty per cent (120%) as to the first adjust- ment ` and one ,.hundred twenty per cent (120%) of existing rent on any periods thereafter OR The rental to be paid in a dollar amount equivalent to the preseflt purchasing power of $6,516.70. "SUPPORTIVE DOCUMENTS FOLLOW" 79 324 Joseph R. Grassie, City Manager TAXES The lessee will pay any and all ad valorem taxes levied and imposed upon any improvement constructed and further agrees to pay all taxeson personal property which may be leviedon the. premises.;;' May 3, 1979 As additional consideration, the lessee shall convey to the city the westerly 18 feet of its property adjoin ing South Bayshore Drive as right-of-way for widening of South Bayshore Drive and right-of-way for a future bicycle path. OWNERSHIP OF IMPROVEMENTS Upon cancellation, termination, or expiration of the lease, any im- provements done in or at the leased- area will be removed at the sole expense of the lessee. JEG : ML: WHH : cs cc: Richard L. Fosmoen, Assistant City Manager LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into as of this of , 19 , by and between the CITY OF MIAMI, a municipal corporation of the State of Florida,hereinafter called "Lessor", and CORAL REEF YACHT CLUB, a corporation not for profit the Laws of Florida .with principal offices in the City of day under Miami, Florida,: hereinafter called . DESCRIPTION OF PREMISES and, under described, "Lessee". IT ES S The Lessor hereby leases unto the Lessee for. the purposes the conditions hereinafter set forth,the following Bay` Bottom Land located<in Biscayne Bay, City of Miami, Dade County, Florida, to wit: v=hich.encompasses an area square feet are to be occu According to Schedule A attached hereto and made a part hereof of 179,467 square feet, of which 36,592 pied by existing and' proposed structuresproposed new structures comprising, 11,755.square feet)., and 142,875.square feet are open water. (said IL. TERM, The term of this Lease Agreement shall be FIFTEEN` (15) years, beginning on the day of , 1979,'and terminating on the day of "SUPPORTIVE, 1994. III. USE OF LEASED PREMISES DOCUMENTS The -leased premises are FoGLLQV Lessee for the, con- struction, operating and maintenance of Docking Facilities and a maneuvering area for berthing of vessels. IV. and in a REPAIRS premises The Lessee shall maintain and supervise the leased he waters above same, and shall keep the Docks and. Mooring Piles safe condition, and shall and does hereby assume "full and complete responsibility for injury cr damage suffered by, r caused to any resulting from the premises, and `im rovements thereon, or failure to maintain such P remises in a. safe' condition, or any negligent ac` or omission any ,officer,:agent:or.employee-there_ leased premises and. person or propertywithin or upon the construction, uSe or operation of the leased act on the of, except The Lessee part of the Lessee or such injury or damage as may .result from an act of hereby agrees to hold harmless the Lessor and its employees of ,and from any liability or claim whatever of or in connection with the construction, of improve remises and/or any part thereof. agents or arising out meats on, and use of the leased p God. officers, V. INSURANCE The Lessee shall obtain a policy'of general liability insurance in the amounts of not less than $300,000. per occurrence for bodily injury and $50,000. per occurrence for property damage, for the use, benefit and protection of -the lessor, and/or ' , to � be a roved officers, agents and employees, the insurance company pp policy of'insurance:to be filed by the Lessor a zd a 'copy The Lessor `shall .be namedin each such policy of additional or secondaryinsured. its with the Lessor. insurance as an VI. RESTRICTIONS (A) There shall be no fuel pumps on the Docks. (3) There shall be no commercial use of the Docks. (C) There shall be no accessory use store at the Dock site., This lease is non -assignable. The number of live-aboards will no exceed two. (2) percent of the total number or slipsat the Club. each VII . CONSIDERATION AND ADJUSTMENTS TO SAME : payable by the Lessee _ shall . of $6,,516 70. In addition, to such rental, the. Lessee` shall pay to -the-:Le spithe:total amount of any state sales ta>: applicable' to such -rental. Rent shall be due:ands payable before the effective date of the CoMmenCement this Lease, and the:ea�ter on each The annual rental be the`s 1111110111111111111111 11 anniversary date thereof t howeveruntilall permits new structures (i.e., 11,755 square proposed permits being, :obtained rental shall be $5,576.30, and upon all p to install the proposed new structures the rental shall increase year pro -rated from the time such consents hroughout the term of this Lease, provided have been obtainedto construct the feet) the annua at the rate of $940.40 per are obtained. This rent will be adjusted every five (5) years andshall be the greater of the followings. 1. One hundred, and twenty (120%) percent.of.the ,rent provided for the period of this Lease, as to the first adjustment; and one hundred and twenty (120%) percent of existing rent on any periods thereafter; or The rental shall be paid in a dollar 2. amount; equivalent to the present purchasing power. of $6,516.70. This equivalent 516 70 amount will be determined. by dividing the base rental of $6, by the index number of wholesale commodity prices for the last date for which computation has been made in 1979 by the Bureau of Labor Statistics of the United States Department of Labor for the month preceding the month in which the Lease, becomeseffective and then multiplying that amount by the indexnumber the month in which the adjustment is to take place. As 'additional consideration Lessee shall convey.to Lessor Bayshore Drive as the westerly; 18' 'of its a rig, for a conveyance for the,. month preceding property. adjoining South -of-way future bicycle path along South Bayshore Drive,. thereof the usethe shall, be a customary "right -of -way -deed", shall reserve unto Lessee until the same is required by Lessor relocation of improvements and shrubbery and for said uses Presently GIII_.% the performance of any the Lessor shall have 1:otice calling attention to the. U MENTS located on said property CANCELLATION shall .be the event of a default on the obligation created by this Agreement,'. the .right to serve upon the Lessee t the • expense of Lessor. part of the Lessee in particular default or defaults 7 9 - 324 MM MM hereof and. in event defaults for aperiod complained of, and demanding the termination thereo the continued existence of said default or (except in case of non-payment.,of rent, as`t days shall be applicable) from the time,of the of ninety (90) days, which thirty (30) by the Lessor, the same shall be an act Agreement. Lease giving of such notice default under this' Lea IX. COMPLIANCE WITH CITY, COUNTY, STATE AND. FEDERAL LAW laws of The Lessee shall comply with all rules, regulations and the City of Miami, Dade County, the State of Florida United States Government: applicable tothe leased premises or the and any improvements, located thereon. Any material failure to comply with any such rule, regulation or law shall be on the part of the Lessee. X. PERSONS USING LEASED PREMISES Said leased premises and the improvements thereon is to be deemed to be a default. used for docking purposes by only, on a non-profit basis , with the limitation of, seventy-two (72) Nothing herein consecutive hours use contained shall_be construed to prevent necessary temporary docking for unrestricted number of hours by any vessel or other craft in distress, or XI. NON-DISCRIMINATION' The Lessee agrees that there willbe no discrirrinatiOfl against any persons on account of race, color, sex, religious creed; ancestry or national, origin°, and the improvements thereon. It is expressly understood`, that upon proof of dicrimation the:City shall have the right to terminate this Contract.. XII. SIGNS' The` Lessee shall :not_permit any signs other :than: those r gents:located:thereon', without obtaining', the Written consent of the XIII. TAXES. The Lessee agrees to pay any and all ad valorem taxes• upon any improvements constructed thereon by levied and imposedp the Lessee and further agrees to pay all taxes o which may be levied and imposed on said demised term of this Lease. XIV. LICENSES The Lessee shall obtain andpay' for all .the necessary licenses required for the operation of the facilities provided for in this Lease, Agreement. XV.: INDEMNIFICATION OF THE LESSOR. BY THE LESSEE The Lessee covenants and agrees to indemnify and hold harmless the Lessor its officers,. agents and employees, from and any`and all claims, suits, actions, damages or; causes of against action arising during the term of this Lease Agreement, for any personal injury, loss of life, or damage to property sustained in or about the leased premises, by reason of, as a result.of, or n personal property premises during the arising out of the Lessee's occupancy thereof, and from and against any orders, judgments, or decrees which may be entered thereon, and from and against all costs, attorney;s fees, expenses and liabilitiesincurred in and about the defense of any the investigation thereof; provided, however, that before h cost,the Lessee shall be given such claim and. the Lessee shall become liable for any such Notice in writing that the same are about to be or may be incurred, and the Lessee shall have the optiOfl itself to make he necessary invest and employ counsel of the Lessee'sown selection, for igation the necessary defense of any claims. The Lessor,' atits option, shall retain its own counsel at its sole cost and expense (in ' • �µ F the provisions as hereinabove set forth). W addition to xV I. UTILITIES._ .....� '' • The Lessee shall be solely, responsible to pay for a17 i ti used: by Lessee wF utilities XVII. EXAMINATION OF THE PREMISES BY THE LESSOR The Lessor agrees to the Lessor, by its enter upon the leased premises at a :Je= sonne Permit designated For any, per g•32� reasonable purpose.:- XVIII. NOTICES Notices from the Lessor,to the Lessee shall ,be served if mailed by Registered or Certified Mail to the address of the demised premises;. and notice from Lessor shall be deemed duly served if mailed by Registered` deen[ed` duly Certified Mail addressed to the City Manager,, City 3500 Pan American Drive, Dinner Key, Miami, Florida 33133, or to the Lesseeat Lessee tothe such other respective persons after designate to from tine to time. XIX. BINDING ON or. addresses as"the each other, by notice, in the SUCCESSORS The terms: and, provisions of this binding -end inure Miami, parties may here - foregoing manner Lease Agreement shall be to the benefit of the successors and assigns, respectively, of`Lessor and Lessee. XX. DISPOSITION OF IMPROVEMENTS the Lesseee Upon the expiration or termination ofthis Lease, at its option may remove any improvements in or the leased area. The the termination improvements. not have been Lessee shall have:, ninety (90) days from or expiration date within which to remove such If such improvements,;or.any-part :thereof, shall` removed within said ninety (90) days, Lessor, at its option, through i s City Manager as Agent for Lessee shall the same to be have the right to cause expense of the Lessee. XXI. .DREDGING Lessor agrees to permit Lessee -to land of removed at the cost and dredge "the bay bottom,, the demised premises.and contiguous` and parallel to. the Southeasterly and Northeasterly boundaries of the leased premises, for navi gati oval approaches . - Such dredging than 150' shall not extend: more from said Southeasterly boundary and 100' from said Northeasterly boundary. .This 'permission to d ur_-cn Lessee securing dredging approval -.of -ell necessary govern- :::e ts1 agencies and SuhrniSs_on by Lessee: cf all "ec Ssar'; jp;7i iJc3r,_GiiS, =eZc, Bonds, documents or .Flans punsuanz to the •Code redge is, subject to and conditioned -6- the City of Miami. All dredged material shall belong to the. Lessor and shall be removed from the premises at the expense of Lessor. XXII. CAPTIONS The captions contained in this Lease Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit or prescribe the scope of this Lease Agree- ment or the intent of any provision thereof. XXIII. NON -WAIVER OF PRE-EXISTING RIGHTS The parties mutually covenant and agree that the fact this Lease has been made and entered into shall not be taken or construed to add to, take away from, or limit the rights, title, or privileges of the Lessor in or to the submerged land hereby leased, nor shall such fact be taken or construed to add to, take away from, or limit the rights, title or privileges of the Lessee therein, if any, by reason of its ownership of its land lying Northwesterly of said leased land by waiver or implication, except as expressly set forth herein. IN WITNESS WHEP_EOF, The City of Miami and Coral Reef Yacht Club, have caused this Lease to be signed by their duly authorized corporate officials this day of , 1979. Signed, sealed and delivered in the presence of: As to Lessor „s. "SUPPORTIVE ,,.. DOCUMENTS FOLUQW f CITY OF MIAMI, '13%.,AfDA, a. municipal corporation State of Florida. of the ATTESTED: City Manager anon -profit oe e - Begin at the intersection of the southeaster 3yo xt.ensELn of the northeasterly line of Lot 16, L RHODES AMENDED MAP OF. NEW BISCAYNE, and the Dade ds Countrded Bulkhead Line,(U.S. Harbor and Pierhead Line), in Plat Book "B" at Page 16handuiniPlatcBBoo 7of4 ,Dat County, Page 3--5, respectively;, of t the `southeasterly Florida thence run,southeastwardly along extension of said Lot 16 forruna asouthwe tvardlyfa distancee deflecting to�the right. 90. � � of 'with of. 253. 6:feet more or less= to pointa.�intersection� the southeasterly extension eofw tlineethsat.is 50.0 ffeetne southwesterly ofand parall of said Lot 16 thence deflecting to the right :90° run northwestwardly' along °the southeasterly extension ofthe line that is 50.0 feet southwesterly 16 offaraaanparaliel witfh 708the feet southwesterly, lineof said Lot more or less to a.;- point- .on the Dade County Bulkhead Line, (U.S. Harbor arid Pierhead L;Linen(U.Srun HarboreandePierhead rly along said Dade County Bulkhead Line) a distance of163.4 feet rnore or less to a point, which point is an angle point in the said Dade County Bulkhead Line (U.S. harbor and Pierhead Line) thence deflecting to, the right 10° 38' 01" contnpierheading nLine)g said Daadistancede yof Bulkhead_'' Line = (U.S. '= Harbor_ and) 91.7: feet more or less* to the point of beginning; said parcel containing 4.12 acres more or less.