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HomeMy WebLinkAboutM-79-0020hi: MARi`Nt: CC tiNCIL 625 S. W .2tid Ave. fitk nl, Florida Janttary J ty979 The Mirine Cottticit iibct:rd of Directors Passed the following resolution this dale: After having reviewecl the various phms front lite original bidders as well as the asiiects of a rtbtic trust as Presented by lite comm- ittee advocating the trust, and the specific contract between Bis- cayne,Recreation Corp, and the City before the Cosntnissiott this evening, the Marine Council endorses and recommends the City Commission atucn'd the proposed management contract to Biscayne Recreation Development Corp, for the managetilent of Dinner Key. The Marine Council requests that the city continue to ask for its advice on City matters relating to the marine community. S;fJ mitt rt as directed, Cam+ ,F I Richard E. 73r? gs Executive. Director wurakr ^ate< ....4: i:i•;soLUTtoti•t ria ,\ it1:';OLOTIfN• Atr1`11(H ttt+; 'lniS r'ITY•t•1AtiArtEP• To_ EXECUTE Tun /1TTAC.'itiiti j\t,,{c1;i;M1;t4T -W1`i f , t11;W WC)Rt4D t1ARtNAS4 itSry, ro12 Tf11; oi't RA` 4oN AND•M%fJAc3rtlt N or t•t1AMAltttlA Pak A Ml 1.t0t) OP IN •AC CORhtNCE WITH THE Sri 12t1w AND roNt)tTioNS 8kt. VoRtti THEREIN: t`tIR'riit tt-ti:tRi:C1'tNr, 'i'iti tlyY MtN/\c;1,R 't'o. 11RoC1 It t�1t1 'i HE NECE.8SA►2Y s'r1;1>> �1'ri Rt'f'I 11t,-CI1APTEf1S"O•nS -IT .PERTAIN-S• TO I)c)c'1;A ;i ' RATi. ;• 4t tt) A;REt Mr NT -TO bECOME 1 1 FF ( VIVE• tlhnN '1'tt1: Rt;t't Al. O1' rtios8 t;EC TION5 of= ('..tinh'ER 0 or THE dLt' COD1 .WHICH-LS1,\RLt I111) DOCKAGE RATES, WHEREAS, the City currently owns and operates the property and facility commonly known as the "Miamarina"; and WHHEREAS, the City Commission desires to have private initiative and enterprise reconstruct and redevelop the Miamarina site into a first-class operating marina; and WHEREAS, the City has advertised for public properties for the lease and the operation of•the Miamarina facilities; and WHEREAS, New. World Marinas, Inc., along with several other proposers, made public proposals in accordance with bid documents; and WHEREAS, New World Marinas, Inc. offered to renovate design a new marina facility with private capital; and. WHEREAS, the City has rejected all proposals for a long-term lease and operation of Miamarinav and WHEREAS, the City Commission directed the City Manager to negotiatea short-term management contract with New World. Marinas, Inc; NO,J, THEREFORE, BE' IT RESOLVED BY TILE COMMISSION OF TIIE CITY OF MIAMt, FLORIDA: Section 1, The City Manager is thereby authorized to execute the attached agreement wi th New World Marinas, Inc. for the operation and management of Miamarina for ,.a' period four years, in accordance w get (chili therel la )i17C t'J Sec�tir5ti 2 the city il,itiagot is heteby directed Eo t +ssstep for the repeat t those sections at with the necessary y { Code which established dockage rates► Chats to � 50 o f the City Yeeiiiiant between the City and New World Ptat'ihas, Ind, and the A upon the date of Cpecit of said seetiOPS will become effective .iil" PASSED Alit) AUOt'TED this -day or ATTEST: KALPII GONGI.Ii, C1..7TY CLCItK PREPARED AND APPROVED BY 1fJ i .A':"'YN.FOCI.!AL- - — - — T -airer s.ovbon0043N1 httu Iq� r LI, III1,1, III III ithitheti i 'i;itiiiilir tviUAMARINA btPAfttMi ti? OP VACiAt betid Cifq Or MIAMI 'f- **rillA :•46 i.►• .. ti. 114 1 lit +• Ins 1♦ o• 114 1411• dial . • • • • • • • • • • • • • • • • • • • •21 9 971 rip 914 17. 1,1 fr. 4.1. liz 9z :ti i4 •b FR �� t •PY • } f vxIsd_/?? aPI7r<'*. 494/4he?' -R AbbV'rIONALLY Utility room number two (2) as identified on exhibit A..1 of the lease agreemeht of May Restaurant Associates a part of NEW WORLU'S 5, 1970, between the ct'rY of Miami and Industries, /nee, shall hereby be considered premises under this Management Agreement.. MtAttAfINA Ann ON WATSON ISLAND Legal Description A strip of upland on the westerly coast of Watson Island 'lying 15 feet easterly and a strip of submerged land in Biscayne Day lying 60 feet westerly of the following line: described Beginning at the intersection of the southerly R/i line of State Road A-1-A with the Dade County bulkhead line as per "METROPOLITAN DADE COUNTY, FLORIDA BULKHEAD LINE", according to the Plat thereof as recorded in Plat Book 741,'Page 4, Sheet of the Public Records of Dade County, Florida; said bulkhead linebeing also the face of an existing concrete seawall; thence along said seawall southerly 940 feet more or less to its inter- section with the northerly line of the parcel of land leased by and there the City of Miami to "PHHILLIPS PETROLEUM COMPANY" terminating. t. RtO titibN Nb, A REsoLUT1:Ot4 AUttlOktttN t t i iENTt tITt#ANAGtR•tb E1t1iCUTt; ork. ATTAC1tE NEW Wbtt%b MARI1$AS, INCH "'OR 'I1tE OttRAfibN ANb MANAGEMEN ' of . MIAMARtNA -i OE A Pthibb O%, VOUtt. YEAS, tN ACCdRbAN-et WI r14 'i't1E TERMS ANb CONbtPIONS SET EOETU ' ttt REIN t FUiitt#E1i bilitet Nc TI#E CITY MANAGE t TO Pk:6EEb WPM' THE NECESSARY STt PS TO ktPEAL t14At?TEit• SO AS I 15EttTAINS TO bOC1CAGE RATES t SAI6 .AGREEMENT TO Rt.60 EFFECTIVE UPON ,TRE REPEAL Ot, THOSE SECTIONS OF CHAPTER 5O bt rH CITY CODE Witten ES 'AELIS1ttb bOCRA6t3 -RATES WHEREAS, the City currently owns and operates the ptopercy end facility commonly known as the "Miamarina"; and ':::1c.RLAS, the city commission desires to have private initiative and enterprise reconstruct and redevelop the M am.rir.a site into a first-class operating marina; and WHEREAS, the City has advertised for public properties for lease and the •operation of the Miamarina facilities;. and New World Marinas, Inc. , along with several ocher rrrposers, made public proposals in accordance with bid o _ uments and YHREAS, New World Marinas, Inc. offered to renovate and d_t:ign a new marina facility•with private capital; and WHEREAS, the City has rejected all proposals for a long-term lease and operation of Miamarina; and WHEREAS, the City Commission directed the City Manager to negotiate a short-term management contract with New World Marinas, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1, The-CityManger is hereby authorized to e,iecut.e the attached agreement with, New World Marinas, Inc. for the operation and management of Miamarina for a period of four years, in accordance With the terms and conditions set forth' 'therein, Section 2 The City Mateget it heteby directed to proceed with the necessary steps for the repeal of those sections of Chapter 50 of the City Code tohich established dockage tatea, and the Agteetneht betWeett the City and New World Marinas, Inc, will become effective upon the date of repeal of said sections• PASSRD ANI ADOPTED this day of 1970, MAURICE A'. FERRE', lit A Y ONGIE, CITY CLERK PREPARED AND APPROVED BY: APPRO\7E1-.AS TO FORM AND CORRECTNESS: GEO GE F KhOX . JR., CITY ATT►RNEY t15E st i•9I4ARY of MtAMARtNA MANA(I MtNT Atttl,EM iNT POUR YEAft (4) Pt;RtOb WITH stt t ANNUAL VATftJd OP MANAOCM N'D OPERATIONS ANb MAINTENANCE, IP RATINGS ARE SATtSPACTORY TO THE: CITY THEN HEW WORM I1A8 PREI I RPNTIAL RIC HT ANb OPTION TO REND Pok TWO (2) Wilt YEARS, SMALL BOAT PORT, MARINA, ANh RECREATION t'ACILITY SERVICES MAY INCLUbt DOCKAGE ANb MOORINGS • RECREATIONAL WALKWAYS, FISHING AREAS, MARINt EXIIIBITS SECURITY TV SYSTEM AND SERVICES • $OAT RENTALS . SHOWER AND RESTROOM I'ACILITIES CONCESSIONS SUCH AS ICE, BAIT, AND TACKLE, FUEL-, MINOR REPAIRS AND SERVICING OF BOATS, NAUTICAL GIFTS, MARINE ACCESSORtES, AND OTHER RELATED SERVICES WITH APPROVAL. CONSIDERATION MINIMUM ANNUAL GUARANTEE TO CITY $ 40,500.00 OR 10 5% OI•' ALL ANNUAL GROSS "DOCKAGE RECEIPTS" UP; TO $450,000.00 DOLLARS AND 17% OF ANNUAL GROSS "DOCKAGE RECEIPTS" BETWEEN $450,000.00 AND. 550, 000.00 DOLLARS AND 22% OF ALL ANNUAL GROSS "DOCKAGE RECEIPTS" OVER $550,000.00 DOLLARS. lift CM sttALL RI;Gt;tVt WITHER NII OgRCENTACS or' 1II ANNUAL 'GROSS bockAct ANb TM ANNUAL l;Ro85 NON boC[t1 t± RtCt;,tVT5 OR TM MINIMUM ANNtIAL WAHANttg WiitCH VCR IS GtiLAtt' tz. Tug CITY SHALL RsCt 1VC 25% of all +CoNC> SS1ON MCtrt1 S" Meg Vt t7 BY NEW Wont) PROM CoNCEssioNtahEg WHICH ARP, NOT OWNi b, OPEPAM'tb oR PINANCtjb BY NEW WoRLO. ANb Tt1E CITY stiALt, MCEIVE 10% Ot' ALL "t`toN DOCKAGE RECEIPTS" RCCEIVtrb BY NEW Wont) FROM NON DOCKAGE REVENUES IN OPERATIONS, OR FINANCED BY NEW WORLD, ALSO THE CITY SIIALL RECEIVE Oi4J.. CENT ($0.01) PER GALLON ON FUEL SOLD ON THE PREMISES. DOCKAGE RATES TO 3E ASSESSED BY NEW WORLD AGAINST MARINA TENANTS AND USERS SUBJECT TO APPROVAL BY THE CITY MANAGER AND SIIALL BE CONSISTENT WITH OTHER MARINAS OF COMPARABLE QUALITY IN DADE COUNTY. NEW WORLD SIIALL BE PERMITTED TO REQUIRE TENANTS TO PAY FOR UTILITY SERVICES. NEW WORLD SIIALL HAVE• 30 DAYS FROM WRITTEN NOTICE TO CURE OR PROCEED DELIGENTLY TO CURE ANY SUCH DEFAULT. TAkt 1 t' CONCt ASrON ht 0.141- Dt h M t 190(Et1, Ct'iY Oct NEW Wt ttLti MY btcl"i Wb AT CONCESSIONAIRES PIREN5E. IP FACILITY Is TAXtb4 NEW WORLD ANb CITY SHALL bEt'U4h IP FACILITY IS t'INALLY ,10b0Eb To. SE TAXABLE t`otz REASONS OTHER THAN THE MANAGEMENT AGht rML•m, THEN TARES :ARE SRtiEAb To TENANTS., IP FACILITY is FINALLY JUGGED TO RE TAXAELt DECAUSi OP THE MANAGCMrwT AGREEMENT THEN TAXES ARE SPREAD TO THE TENANTS TO THE EXTENT RATES DO NOT EXCEEb THE AVERAGE IN OTHER MARINAS OF SIMILAR QUALITY IN DADE COUNTY. IP TAXES CAUSE RATES TO rXcLED AVERAGE THEN NEW W1oRLb PAYS EXCESS OR AGREEMENT IS TERMINATED AND CITY REIMt3URSED NEW. WORLD LEGAL EXPENSES AND COURT COST INCURRED 13Y TIIIS ACTION. 10. t�RW 4 Lb MA INAB) INC: MA'1Mif4T._, AFRti;N P ktANItLE L� bEsCRIPTION OP PREMISES TO RE MANAGEb s TERM 3► USE 4. CONStbERATtdN SCHEDULE S. PERMITS AND LICENSE 6. CUSTobtAL SERVICES 7. CONFORMITY TO THE LAW 8. CITY'S RIGHT TO EXAMINE PREMISES DOCKAGE RATES PAYMENT OF UTILITIES 11. MAINTENANCE 12. HURRICANE AND EMERGENCY 13. WATER TAXI AND TRAM STATION 14. INVENTORY 15. MANAGEMENT SERVICES 16. PERFORMANCE BOND 17. OWNERSHIP OF IMPROVEMENTS 18. DAMAGE OR LOSS TO NEW WORLD'S PROPERTY 19. DESTRUCTION 20. INDEMNIFICATION OF THE CITY BY NEW WORLD 21. ADVERTISING 22. DEFAULT 23, RULES AND REGULATIONS 24. TAXES 25, LAWSUITS - RENT STRIKES 26. PARKING 27, CONSTRUCTION 28, NOTICES 29, CONFLICT QF INTEREST 30, INSURANCE 31. WATGON MARb MAMA MANAGI MEt 32, TIME Off' EGSEOE 33, ATTokNEits' EEtS AND OO5T8 34. RiGNT TO AUDIT f2ECO2D8 35, OAPTIOt4 36, ENTIR.E AG 2EEMENT MM AdtMENI WEEMENT THIS MANAGEMENT AGHttnNt entered ihtb this, _:_ dsy of _.r 1979, by and betWeen the CITY OF MIAMI, a municipal Corporation of the Stateof F1.orlda, hereinafter referred to as CITY, and NEW fi4ORib MARINAS, INC., a corporation organized and existing under the iaWs of the State of Florida, hereinafter referred to as NEW WORLD, WITNESSETNt WHEREAS, the CITY OF MIAMI constructed MIAMARINA in 1970 for the public purpose of providing a small boat port and marina facility and a recreation area for the public; and WHEREAS, --the CITY has operated MIAMARINA for the public purpose of providing a facility for marine transportation and public recreation; and WHEREAS, the CITY recognizes that MIAMARINA is now and shall continue to be operated for the public purpose of providing a recreational facility and port and marina transportation facility:for the public, all of which are:proper services for the allocation of public funds; and WHEREAS, the CITY is desirous of continuing to have MIAMARINA operated for these public purposes, and is desirous of enhancing the public use of these facilities, and is desirous of developing the existing facilities into a full service marina and port facility for the benefit of public marine transportation and the public in general, and is desirous of beautifying MIAMARINA'S existing facilities; and WHEREAS, the CITY Commission, after requesting the public for proposals to accomplish these goals and reviewing the proposals submitted, adopted Motion M-78-535 on July.28, 1978, authorizing and directing the CITY Manager to negotiate a management contract with NEW WORLD MARINAS, INC., for the operation of MIAMARINA, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties herein covenant and agree as follows; beget p'rlb f 0 MItEg ' i...$ mgotp Clay hereby agrees that NEW WAR= ahali manage said real property and iffproVeitehts thereon, hereinafter referred to as the premises, described ih Exhibit A and EXhibit t attaohed hereto and made a part hereof, TERM The term of this agreement shall be for a folic year period commencing oh the 1st day of Febrhary, 1919► and ending oft the 3lst day of 3ahiary 1983. litt4 WOR,b shall have a preferential right and option to renew this agreement upon the same terms and conditions at the end of the 'initial term for two year period. The CITY shall rate NEW WO)tLb on its management operation at least two (2)`times per year at intervals no greater than six (6) months. Continuation of this management agreement shall be based on satisfactory ratings. The rating shall be based upon the non-structural condition of the docks and piles, and the maintenance and cleanliness of the grounds and facilities, the quality of service provided to the tenants, users, and boating public at large; and the financial ability of NEW WORLD to meet its financial obligations; as well as full compliance with all of the terms and conditions of this agreement. NEW WORLD shall be entitled to a copy of such rating and shall have an opportunity to request a re -rating within thirty (30) days of receipt o an unsatisfactory rating, which re -rating shall be made if requested. NEW WORLD shall be entitled to its preferential right and option to renew if its ratings have been satisfactory during the term of this agreement. NEW WORLD shall give theCITY notice of its intent to exercise their option renew this management agreement at least one hundred twenty (120) days prior to the expiration of the management agreement.. NEW WORLD, as management agent for theCITY, shall operate and Manage the facility during the tern of this agreement, NEW WORLD shall manage the premises for the purpose of operating a small boat port, marina, and recreation facility, offering dockage and other marina related services fpr the use of and by the general public, Theseinclude; services may A, bt ekage and f►osri § of bats. b. Operation of the reereatiohal walkways to Which the public Lust be allowed full and free acoess, tReept Where boats are docked] and operation of designated fishing areas, Marine eXhibits# and Marine oriented attractions. ci tale of bait, tackle and ices d. photographic services incidental to the boating public's heeds. e. General Minbr repairs and servicing of boats while docked or moored in the Water only. No boats or craft shall be removed from the Water at the facility for repairs or maintenance. f. Sale of new and used boats and motors, The display of which shall be limited to not more than five per cent of the slips, but may, be increased With the approval of the City Manager. Sale of nautical gifts, marine accessories, hardware and sundries. h. Closed circuit TV master antenna system for the docks and moorings and a security service. Boat rentals other than sport fishing chartering. Facilities for a marine shuttle and taxi service to serve Watson Island, downtown Miami and Dade County. k. Information Center and telephone, mail and messages services. 1. Sale of fuel. m. Shower and restroom facilities for the use of persons docking and mooring boats. n. Launch service for moored boats subject to City Manager's approval.. All other related services and the concessionaires for the (i), and (1) shall be -subject to the approval of the City Manager not be unreasonably withheld, and shall be deemed granted unless rejected within thirty (30) days of submission. The CITY and NEW WORLD agree that NEW WORLD shall have the exclusive right to provide the above services on the managed Premises.. CONSIDERATION SCHEDULE As consideration for the right to manage the said premises throughout the periods of this Agreement, NFW WORLD does hereby covenant and agree tO Pay to the CITY from gross receipts a minimum annual guarantee of $40,500,00 dollars, or the percentages Specified below in Sections A, $, and C, whichever maybe greater. 10, 5% of the ahht ei "§foss dockage receipte"3 herei taftei defined At all ihdote collected by NEW WORLb from dookage acid ftooting$ • the managed pfeiiisesi up.'to t4tO1000,00. •12k of the•''6ross dockage-receipts"•betWeen $45O,O6640l-and $55b,00O.00. 22% of all annual "gross dockage receipts" over:$550,OOO.O1 received by NEW WORLb from its management of the docks and moorings oh the said premises. In addition, NEW WORLD shall pay to the CITY, the following: A. Ohe cent ($0,01) per gallon of fuel sold by NEW WORLD or' its concessionaires from the premises. B. 10% of all annual "gross non -dockage receipts" received by NEW WORLD from its own operations at the managed premises, which shall be defined as income other than income from dockage or moorings+ income from the sale of fuel, or income from concessionaires which are not owned, operated or financed by NEW WORLD: But however, should NEW WORLD not contract with a concession for the sale of boats and motors from the said premises and instead make direct sales of boats and motors itself, any amount received by NEW WORLD from such sales shall be included in "gross non -dockage receipts" only to the extent of any net profit received by NEW WORLD from such sales.. C. Not less than 25% of all annual:"gross concessionaire at. hereinafter defined as income collected by NEW WORLD from concession agreements with concessionaires not owned, operated or financed by. NEW WORLD for concessions on the premises run by concessionaires independent of NEW WORLD and shall not in any way be construed to mean that income included in the terms "gross dockage receipts" or " gross non -dockage receipts". Finally, the following items shall be deducted from "gross dockage receipts", "gross non -dockage receipts" and "gross concessionaire receipts"; all taxes, except taxes,on fuel,and/or utility charges imposed by law or by a utility, which shall include charges for gas, water, electricity, telephone, sewage and waste or a utility authority, which are the responsibii.ity of NEW WORLD to collect or pay and are payable in the same amounts to a taxing authority or a utility, as herein above defined, or a utility authority by NFW WORLD and any amount received from the eoile'Y}ion thereof. The dohsiceraton shall be paid as follows: NEW WOttLb sha11 deliver oh or before the 1Sth day of eadh Month) bet}i hiht With the Seeohd month of this Agreement, continuing duf`ihg the effective period thereof, and each and evaty Month thereafter, at the office of the bepartMent of Vihande of the CITY, of at such other place as may be designated thereafter, by the CITY, one twelfth (1/12) of the minimum guarantee along With any aMOUnt due froth the sale of gasoline and the amount of consideration attributable to the "gross concession= afire receipts" and 'gross non -dockage receipts" derived by NEW WORtb front the Along management of the premises during the month immediately preceding, g with Said payment, NEW WORLD shall provide a statement, in certificate form signed by a duly authorized officer of NEW WORLD, setting forth the amounts of the "gross dockage receipts", "gross non -dockage receipts", "gross concessionaire receipts", the quality of fuel sales, and any additional detail as the Director of Finance of the CITY may prescribe. Within thirty (30) days of each annual twelve (12) month period, ending in January, during the effective term of this agreement NEW WORLD shall pay to the CITY such additional stuns, if any, as may be necessary to provide the CITY with the balance of the consideration provided for under this Agreement. 5. PERMITS AND LICENSES NEW WORLD shall obtain all permits and licenses necessary for the development and proposed operation and management of MIAMARINA and CITY shall join in and use its best efforts to assist herein. CUSTODIAL SERVICES NEW WORLD shall furnish all maintenance supplies for housekeeping and shall provide all custodial and janitorial services required to maintain the managed premises in a clean, sanitary and presentable condition during the time which NEW WORLD, by virtue of this Agreement, manages the said premises. 7, CONFORMITY TO LAW NEW WORLD covenants to comply with all laws, ordinances, regulations and orders of Federal, State, County, and Municipal authorities pertaining to the managed premises and operations thereon, 3W6 $ f .ttthef daVefiaftts of d ac reda that it Will Emit diso iffiitate As to tacky do1"i f, treed, tek or hatiahal Otigih ih the Use of the manacled premises of ih the emp1oymeht of its pefsof heir NtW WD%LD shan fake aVailable tot inspection by the City Mahager or his designee all &teas of the property tinder its dohtrol, at any tittle, for any purpose the City Mahaget deehlt necessary, br incidental to or connected With the performance of the CITVE duties and obligations hereunder. An employee of NEW WORLD shalljoin in all inspections of the premises. 9 and boCiZAGE' f2ATE5 Dockage rates to be assessed by NM WORLD against Marina Tenants users shall be subject to approval by the CITY Manager or his designated representatives, said approval not to be unreasonably withheld, but shall b increased and to the same extent as any assessmentof any new or additional sales, use, property, tourism or other' tax which in any way affects the obligations of NEW WORLD or marine patrons. Additionally, NEW WORLD shall be permitted to require marina tenants to pay for utility facilities and services, to meet the cost of the utility bills, provided such additional charges are approved by the CITY Manager, which approval shall not be unreasonably withheld. Dockage rates shall be consistent with the average of those charged at other marinas of comparable quality in Dade County. 10 PAYMENT OF UTILITIES NEW WORLD shall be responsible for the payment of utilities controlled and utilized by it on the managed premises, with the exception of utilities used by theCITY or parties contracting with the CITY. will not provide telephone service for the managed premises. 11. MAINTENANCE - During the term hereof, NEW WORLD shall, to the satisfaction of the CITY Manager of the CITY of MIAMI, operate the premises in good condition. The standard to be used shall be consistent with the operation of a first class Marina and this Agreement. NEW WORLD shall provide normal and routine maintenance of the facility, designed to keep the managed premises in a good .State of repair, free from hazardous conditions and deterioration, NEW WORLD agrees .to spend $15,000,07: dollars, in eaoh twelve month period of this Agreement to provide routine maintenance to the managed premises. The CITY The 'MTV t is if z uri g a `e er ehdy such at hufi=ia^ahe) florid, fire er any type of ditatter, cooperate with NEW WO f for the siedutity of the managed premises. the CHI shall use its best efforts ddri;g ah emergehay to safeguard the said premises: In the event the CITY decides to provide or graht a franchise to provide a Tram or People mover System for the MIAMM1NA ate the patties agree to establish a station and roadWay for access for said system oh the premises, to long as the same` does not unreasonably interfere With the operation of NEW WoPLb under this Agreement. Any cost in adjusting, utilizing and insuring the site used to accomodate said system shall be borne by the CITY or its franchisee, as the case may be. In the event the CITY decides to provide or grant a franchise for Water- borne transportation to and from the MIAMARINA area to other locations in the CITY, NEW WORLD agrees to provide free embarking and disembarking facilities for said water -borne transportation. Any cost adjusting, utilizing and insuring the site used to accommodate said system shall be borne by the CITY or, its franchisee, as the case may b Location of said facilities as described above are to be mutually agreed upon by the parties. No other free use of the managed premises shall be permitted unless approved by the CITY Manager in writing, as it relates to WatertaXi and Tram service. 14. INVENTORY All fixtures, furnishings, furniture, and equipment, if any, in or the managed premises will be inventoried before occupancy by NEW WORLD, inventory will be attached hereto and made a part hereof within fourteen (14) days of the execution of this Agreement. NEW WORLD agrees that the fixtures, furnishings, in the condition as stated in the inventory; that NEW WORLD has personally and said inspected and assisted in the taking of said inventory; that NEW WORLD will maintain the fixtures, furnishings, furniture, and equipment, if any, during the term of this Agreement at its sole cost and expense; and that said property shall be deemed in its sole custody and care. That in the event any of the aforementioned items are lost, stolen or damaged, they shall be replaced or repaired at the cost and expense. of NEW WORLD, ordinary wear and tear excepted, during the terms of this Agreement. Upon the expiration of this Agreement, NEW WORLD shall quietly end redeliver said inventory to the Clly, peaceably This MahageMeht Ai feefheht establisher NEW WOLO As the MAhaget Mid ipefatof of the managed premises) and subjeot to this 4creeMeht f any person dealing with NEW WO§lob shall have the right to rely fully 6h its power and authority to bihd the premises with regard to the use and occupandy thereof) excepting) however). NEW WOi shall hbt have the authority to ehcuihber teal of personal property a tcept as provided ih this Aclreeteht► the patties hereto ihtehd that MN WORLD shall be an ihdepehdeht cohtractot, and the employees and agents of NEW WORLD shall attaih ho tights or benefits under the Civil Service of Pehtioh Otdihandes of the cif,/ nor any rights generally afforded classified or uhclassified employees of the CITY, hor shall NEW WORLD or its employees be entitled to Florida Worktneh+s Compensatioh benefits as employees of the CITY. NEW WORLD shall have the sole control of the manner and means of performing this Agreement subject to NEW WORLD complying with the terms of this Agreement. NEW WORLD shall have full power and authority to take all actions to bring about an efficient, operation of the marina and to maintain it as a first class marina, except for actions specifically prohibited in this Agreement, and those prohibited by general law. NEW WORLD shall have the exclusive authority to hire and discharge all of its employees necessary for the operation of a marina facility and to fix their compensation and privileges. 16. PERFORMANCE BOND NEW WORLD shall furnish an adequate performance bond or an irrevocable letter of credit conditioned upon the terms of this agreement in an amount of not` less than forty thousand five hundred dollars ($40,500.00) guaranteeing the performance'of this Agreement. This bond or the irrevocable letter of credit shall remain in effect for the duration of this Agreement. 17. OWNERSHIP OF IMPROVEMENTS All improvements, fixtures and equipment constructed or installed at the facility or purchased with CITY funds which may include revenue bonds shall be owned by the CITY. NEW WORLD shall have title to all personal property purchased with NEW WORLD'S funds. Upon the expiration or termination of this Agreement, title to the property, all permanent improvements, fixtures and equipment purchased with CITY funds shall be peacefully surrendered and delivered to the CITY. Title to and the right to move personal property shall remain vested with NEW WORLD,. except such property and fixtures as may be attached to or on the marina facility which shall become the property of the CITY. 1 NtW WOW) assiffiiet all risk of damage or loss to its property tot arty daute whatsoever) which shall ihdiude► but hot be restricted to, ahy damage of ., - loss that may oddiir to its fierehandise, goods dt equipmeht, covered under this AgreeTieht) if lost) damaged or destroyed by fire, theft, tit wator or leaking of ahy pipes or Waste Water in or about §aid tiiahacjed premises) or from hUYricahe -r ahy act of God, Ot ahy act of hegligehce of any user of the facilities, occupants of the Managed premises, or any person Whomsoever, ig . DESTgucTION In the event the managed premises shall be destroyed or so damaged or injured by fire, hurricane, decay or any other casualty, during the life of this Agreement, whereby the managed premises shall be rendered untenable, then the CITY shall render said premises tenable by repairs within ninety (90) days. During any period of reconstruction any consideration made by NEW WORLD to the CITY shall be reduced proportionately to the time required to render the repairs. In the event the said premises are substantially destroyed or so damaged or injured by fire, hurricane, decay, or any other casualty that the said premises, cannot' be rendered tenable or the CITY elects not to repair or replace within ninety (90) day period of time so set forth, or such additional period of time as agreed to by NEW WORLD, then this Agreement shall be terminated at the option of NEW WORLD and the consideration paid by NEW WORLD to the CITY shall be payable only to the date that said premises were rendered untenable and then only to the extent specified herein above, and any insurance proceeds paid to either party a consequence of the destruction of the property shall be shared by the CITY and NEW WORLD as their interest may appear. 20. INDEMNIFICATION OF THE CITY BY NEW WORLD NEW WORLD covenants and agrees that shall indemnify and save harmless the CITY from and against any and all claims, suits, actions, damages or causes of action arising during the term of this Agreement for any personal injury, loss of life, or damage to property sustained in or on the managed Premises. by reason of or as a result of the NEW WORLD'S management thereof, , and from andagainst any orders, judgments or decrees which may be entered.. thereon, and from and against all costs, attorney's-fees-expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof, pi oVic ed # f4ORLb ate about howeVerl that before MtV4 WORbb shall bedotie liable 'tot sail shall be giveh heit de. ih writing by the oity Mahaget, that to be incurred and shall have the option itself to lake th Cost) the sate necessary ihVeStigatibh and employ couhsel of NEW WORLD'R own selectioh for the heeessaty defehse of any claims. The CITY may, at tis Option, tetaih its own counsel at its sole cost and expense, ih additioh to the proVisiohS as hereihaboVe set forth► 21 s ? DVR`f 1StNG. NEW WORLD agrees to undertake an aggressive advertising progr'atl to ihfotrn the public of the availability and services of the i'narihae and CITY agrees to use its best efforts, through its Publicity bepartineht and other departments► to assist NEW WORLD in promotingthe public use and enhahcemeht of the marina. Further, NEW WORLD shall undertake, with the City Parks and Recreation Department, to erect appropriate signs designed to assist and direct the:public to the marina and its services. NEW WORLD agrees to work with area merchants and businesses to develop an integrated program of auxiliary services, such as, hotel accomodations, car rentals, restaurant and laundry services for marine users. 22. DEFAULT If NEW WORLD shall neglect or fail to perform of observe any of the terms, provisions, conditions and covenants herein contained, for a period of . thirty (30) days after the receipt by NEW WORLD or written notice from the City Manager of such neglect of failure, NEW WORLD shall be considered to be in default. At the CITY'S option, and without further notice or WORLD, may enter into possession for the managed premises demand to NEW and all improvements and property theron. In the event of default, NEW WORLD shall forfeit its performance bond as provided for in paragraph number 16-. 23. RULES AND REGULATIONS NEW WORLD agrees to provide rules and regulations subject to the approval of the City Manager for the conduct Of -vessel ' owners and others using the managed property. Such rules shall be furnished to each and every lessee and shall be prominently displayed in the Pock Master's office. ApproVal of such ties ehd reluiatiohs §hail be obtaihed froth the City Manager or his desigftee which approval shell riot be uhreasohebly withheld. The parties agree that the management and operat oh of the MAhAged Premises and those operatohs cohVeheht or necessary therefore are public ptirPoses and, therefore, PO ad valorem taxes should be assessed by the bade County Tax Appraiser, if, however, taxes are assessed by said property appraiser, the parties agree: A. Assessment upon or against concession properties In the event that the property tax appraiser assesses taxes upon or against such. portion or portions of the lands subject to this management Agreemeht as are in control of concessionaires, or upon which concessionaires are situated, in the performance of any concession agreement hereunder, the parties agree that at the request of and at the expense of any such concessionaires, the parties may defend against such assessment on behalf of such concessionaires. The extent of such defense by the parties shall be as reasonably reques%ed by such concessionaires, provided further, however, that at all times the parties have first determined that the said concessionaires requesting such defense or requesting the joiner of such defense will fully and completely pay the costs and expenses of such defense as may be incurred by the parties or either of them, including court costs and reasonable attorney's fees incurred by the parties or either of them in such defense and provided further that the said concessionaires requesting such a contest of assessment fully and completely indemnify and save the parties jointly and separately harmless from any and all claims, charges or andebtednesses resulting from the conduct defense and contest in the event the same is not successful. agreements entered into between NEW WORLD and its concessionaires shall through appropriate language incorporate the termsand conditions of this covenant. .' Assessments against the marina property, In the event taxes are assessed against the Premises upon which docks, piers, moorings, and any other properties devoted to marina use and upon which the marina is located as well as all improvements thereto, both real. Pr personal, as well as properties upon which the marina administrative facilities are located, the parties hereby agree asfollows; i x both partiee agree to cooperate tail With each Other td dofiteet and defend againtt said assessMentr Laid oohtest And defete shah, at the option of NEW WO = or the drill be dohdUdted at the adMinittratiVe eVel, i.e:, before the tag appraiser, the tax apptaisement adjustment board, or any sticdessor orc ahi2ation, and before the Courts tO such extent and to Stich leVel as NEW WO1 Lb or the CIT/ shall determine . The costs and expenses including reasonable attorneys fees which are incurred by the patties, as well as such taxes which have been assessed or paid during the course of the litigation contesting said taxes, shall be included as ah increase in the dockage rates, as tore fully referred to in paragraph 9 of this Agreement. 3. If final adjudicatory action, i.e., the final order of the highest tribunal before which the property assessment issue has been submitted for determination, administrative or judicial results in a determination that such assessment is lawful and that the taxes are due and such determination is based upon reasons other than the existence of this Management Agreement, then, it is agreed that all real property taxes, county, school board, and. municipal, shall be included as an increase in the dockage rates as set forth in paragraph 9. . In the event the final adjudicatory action declares the assessment lawful and the taxes to be due and payable solely due to the existence of this Management Agreement, then it is agreed that the amount of said taxes shall be included as an increase in the makeup of the dockage rates, as set forth in paragraph 9, provided, however, that the effect of such inclusion does not cause dockage rates to exceed the average rates charged for dockage and moorings of all other marinas of similar quality situated in Dade County. In the event the effect of such taxes is to increase the rates beyond such limitation, then, the CITY may terminate this Management Agreement on ninety (90) days written notice to NEW WORLD by reimbursing NEW WORLD'S legal expenses and court costs incurred in this section, or NEW WORLD, at its option, may absorb the tax liability over the average dock rate, 5, The eonomic effect of such property taxes shall be computed annually and made a part of the dockage` rate with such adjustment as may be required to conform to the terms of this Agreement, 1 tt end ih the event a lawsuit is bfought by arty patty against the N Woktb and/or the till, Which ih substance afises bUt of the sighing of this Agf.`eeMei t, then the patties agree to mutually defend said lawsuit. ff said lawsuit results ih a temporary delay of MN WORLD'S Mahatjetehtp this Agreethent shall be extended by the amount of tithe caused by the delay. If and in the event that there is a tenant strike or a similar strike or refusal to pay rent of lawsuit of any type or nature ih which rental a _ . p ymeitts ate placed in any escrow account or in any Court fund, New WORLD shall be relieved of its obligation to pay the percentage requirement and minimum annual guaranty in Section 4 hereof until such sums are released to and/or obtained by NEW WORLD. This provision shall not permit a redUction in the amount of consideration required to be paid, but only a temporary delay of the required payment. 26.. PARKING The CITY agrees to provide as a minimum 44 spaces of exclusive parking for NEW WORLD'S utilization, as set out in Exhibit C attached hereto and trade a part hereof . 27. CONSTRUCTION NEW WORLD shall make no addition, alteration, or adjustment to the managed premises, or shall not apply for construction permits of any kind without first having obtained the written consent of the City Manager of the CITY` which' shall not be unreasonably withheld. All requests shall in writing and shall include plans and specifications pertaining thereto. All permits must be received from the appropriate governmental agencies to undertaking any repairs, alterations, additions or improvements. All permanent alterations, improvements or repairs made or installed by NEW WORLD shall become the property of the CITY upon the expiration of this management agreement, Additional piles or moorings may be added or installed only after approval is obtained from the City Manager, which shall not be unreasonably withheld as outlined above, NEW WORLD shall' abide by competitive bidding concepts as well as the State Statute governing design professionals .(P,$,:287) if any improvements are made by NEW WORLD to the managed premises, Ali hotides and paymehts shal'i be sent to the paint es at the ftil wing addresses TIM CITY MANAGER City of Miami, Florida P. 0, Box 33O O8 MiaMi, Florida 33133 NEW WORLD New Wo 1d Marinas, Inc. c/o Thomas R. Post, General Counsel 1021 City National Bank Bldg. 25 West Flagler Street Miami, Florida 33130 The CITY or the NEW WORLD may change such mailing addresses any time upon giving the other party written notice. All notices under this Agreement must be in writing and shall be deemed to be served when delivered to the address of the addressee and a receipt therefore obtained. 29. CONFLICT OF INTEREST No stockholders, directors, employees of NEW WORLD, or members of their families, shall have any interest in any business which supplies NEW WORLD with goods or services in connection with dockage without advice to and consent of the City Manager, but said individuals may have an interest in marine exhibits located at the managed premises. It is understood and agreed that NEW WORLD'S attorney, THOMAS R. POST,i Esquire, is also a stockholder of NEW WORLD and that he, or his firm, may, in addition to receiving any'profitsor dividends declared, be compensated at his regular rate as an operating expense, deducted from dockage revenues, in connection with any of NEW WORLD'S needs or rights and obligations arising out of or in connection with the provisions of this Agreement, 30, INSURANCE NN.W WORLD shall maintain in full force and effect during the term of this Agreement the following insurance: A. Public Liability Insurance in the amounts of not less than. $1,000,000,00 per occurrence for death or bodily injury or not leee than $3.00,00Q.00 per occurrence for property damage. ttitotobile Liability thaUtance eotefi ig ail bWhed,hoii=btai ed, hited licensed vehicles in- the aft ountS of ' hot less thah $100,000.'00 pet accident and OO,OOO.00 pet bccUrtence for -.bodily injury and $10,OOo.00 ptopetty damage. C. The 'CITY shall be hated as an additional insured under.the- policies of insutance required undei this Agreenent.- -The CITY -shah be given at least thirty (30):days advance. •written.hotice of cancellation of said policies or any material modifications thereof. 1. Certificates of insurance shall -be -filed with the•Finance Department, Risk Management Division of the CITY of Miami. F. The insurance coverage required shall include those classifications as listed in standard liability insurance manuals, which most nearly reflect the operations of NEW WORLD. G. All insurance policies shallbe 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 "10" as to financial strength, all in accordance to A.M. BEST'S KEY RATING GUIDE, latest edition. H. The CITY and NEW WORLD reserve the right to amend the insurance requirements as circumstances dictate in order to protect the interest of the CITY in this Agreement. I. NEW WORLD shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate NEW WORLD has obtained insurance in the type, amount, and classifications as required for strict compliance with this covenant.. 31, WATSON ISLAND MARINA INTERIM MANAGEMENT NEW WORLD shall manage and operate the CITY's Watson Island Marina docking facilities set forth in Exhibit "B", as part of this. Management Agreement,. on an interim basis pending the development of. Watson Island. No further capital inVest ieht should be jade at this facility in accomplithing said Maiaejeteht e, the prefises: if the facility is found to be uninsurable by NW We t Lb, thth the facility shell be closed by NtW WOW). Tithe for the occurrence or peffortance of each and every eVeht h2 ein shall be of the essence Unless otherwise indicated‘ ► AFI''ORiLS.EES In the event that it is deemed necessary f0-r either patty to file a lawsuit in the appropriate court of law in order to enforce any'. of the termt. provisions of this Agreementb then the prevailing party shall be entitled 4-o reasoi?kAp attorneys' fees and costs, including those incurred in appeals, 34. tqlHT TOAUDIT RECORDS NEW WORLD shall maintain books and records in sufficient detail to net acceptable accounting practices. Said books and records shall be a:c.,:=-sihio to the CITY at reasonable times, on three (3) days notice to NEW NW WORLD grants to the CITY the right and authority to audit all documents, and books pertaining to the management operation at the The captions contained in this Agreement are inserted only as. a matter of convenience and for reference and in no way define, limit or rn- c'- be the scope of this Agreement or the intent of any provision thereof. ENTIRE AGREEMENT The provisions of this Agreement constitute the entire contract between the parties and no prior agreements or representations binding upon any of the parties unless incorporated in this Agreement. modification, release, discharge, or waiver of any of the provisions hereof. shall be of force and effect unless in writing and signed by both parties. 16 IN WITFitS8 WiltP2OE ► the parties heteih have e teeuted thit A§redhetit the day and Year first above Wf ittefi, ATTEST: CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR., CITY ATTORNEY etTY OF MIAMI i FLORIbA, a 111uhicipai Cotp6tatibh 13Y CITY MANAGER NEW WORLD MARINAS,INC., a Florida corporation. BY: PRESIDENT (SEAL) • thllt�l� i:t� Pittrt4tBE§ AT M/AMARINA CdMftletiCe at the intereection eE the aoutherly right=of"way t$ :. yright-of-way d e �.ine o� N. �. � STREET"with the wei�ter�. line "BISCAYNE bOUtEVAttb". Said intersection being also the northeast corner of Block 61 N of A. L. kNOti)rOr1'S HAP OF M ANI" as recorded. in Plat Book "li" at Page 41 of the Public Records of Dade County, Florida; thence along the easterly extension of the southerly right- ofway line of said N.E. 6 Street N 88° 06' 18" E 962.6 feet to its intersection with the northerly extension of the westerly face of the basewall of a mezzanine walkway. Said intersection being 373.5 feet westerly from the intersection of the last described course with the "DADE COUNTY BUL1QmAD LINE" as recorded in Plat book 74 at page 18 of the Public Records of Dade County, Florida; thence along said northerly extension S 1° 43' 02" E 100.0 feet. to the point of intersection with the southerly right-of-way line of "PORT BOULEVARD", as recorded in-O.R. 6811 Page 240 Easement of Miami to Dade County, said point of intersection being the point of beginning of the hereinafter described leased Area. .Thence along said northerly extension and along the basewall which is parallel with ` and 16.7 feetwesterly of the existing westerly bulkhead of Miamarina 631.0 feet to the beginning of a curve concave to the northeast having a radius of 156.63 feet; thence along said curve Southerly and Southeasterly 180.4 feet through a central angle of 65° 59' 40" o the end of said curve; thence conLlnue along the race or slid hasewa3.i S 67° 4+'' 42" E 388.7 feet; thence $ 87° 43' 32" E 34 feet to its intersection with a line parnlle]. with and 110 feet; • sonthe, s ter1y or the face of the existing fontheils terly concrete bulkhead or Miamarina basin' thence mono laid parallel N n4a SW 30" E 46 4 teat to an angle point in the bottom or the obtps or the Miamarina pettaurnntl thence continuo alone the bottom of paid ntept which are quasi -parallel with and l$ feet foriheant- erly from the Fade or the southeeeterly concrete bulkhead of Miamarina basin N 26 54, 48" E 73,3 feet) thence continue along said bottom oestepo, civati-'parallel with and 1$ feet noutheaatet1y along said bottom of steps and along its easterlyextension Mimi - parallel with and 15 i'eet southerly S 67° o5' 02" E 61.0 Peet to its intersection with, the face of the baisewa11 of the dumpster and maintenance building of said "MIAt4AntNA tlEsTAURANT", Thence along the..face of said basewall which is quasi -parallel with and .111 test from the face of the existing southeasterly concrete bulkhead or Miamarina Basin N 25° 231 48" g 69.3 feet to the most northerly corner of said building; thence along the northeasterly face or said building S 64° 36' 12" E 36.0 feet to its intersection with a line 50.0 feet parallel with and southeasterly of the face of the existing southeasterly bulkhead of Miamarina Basin; thence along said parallel line N 25° 23' 48" E 439.2 feet to its intersection with the southeasterly face of the most northeasterly planting bed said Miamarina; thence along said southeasterly face 87° 06' 12" E 33.4 feet to its intersection with erly face of the mostnortheasterly wall of said Miamarina. Said wall being also 5 feet southwesterly of and parallel with the most northeasterly face' of concrete bulkhead of Miamarina, thence along, said face of wall S 42° 06' 12" E 91.0 feet to•an angle point of maid wall; thence continue along said wall 5 feet northwesterly of parallel with the most southeasterly face of concrete bulkhead 41' Miamarina racing Biscayne Day, S 25° 23' 40" W 713.0 feet to its intersection with the most southerly face or concrete bulkhead or �: �P1 Miamarina facing Biscayne Day; said/BaYklieacUt Bn.A g also 65 foot: northwesterly of and parallel with the paid "Dade County pul,head Linen; thence Tong aaict southerly bulkhead S 079 06' 12" M 32.5. reet to itit intersection with a line 25 feet aoutheast rly or and. parallel with said ost southeauteriy twee or eoheretbulkhead thence along said parallel line 14 256 231 484 1 731.14 feeb to its intersection with a line 35 feet northeasterly of and parallel with said rest northeatterly bulkhead, thence along said parallel line N 42°,66' 124 W 17862 Pest to its intersection with 100 feet northeasterly of rid perllel with the center line of the most northeasterly pier, (Pier A or 1); thence along wild parallel line N 646 34, 22" W`580.6 feet more or less to ite intersection with the easterly extension of the right-of-way line ,of said, "PORT BOULEVARD"; thence along said extension and along 'said right-of-way line which is quasi -parallel with and 3.0 feet southerly of the race of the existing northerly bulkhead of, Miamarina Basin S 88° 06' 18" W 390+7 feet to the point of beginning. a =_- I MI 71' f!r rLortiOA Joseph R, Grassie d'anuary 18, 1919 City Manager Humberto d. Cortina Assistant City Manager Miatnarif a Management Agreeh ent "New World Marinas, Inc," The minor points of disagreement between the City and New World Marinas, Inc. have been resolved, Attached please find copy of the Resolution and updated copy of the proposed Management Agreement between New World Marinas, Inc. and the City of Miami, In addition a summarydetailing term, use, consideration, dockage rates, default, taxes and general information is also attached. After comprehensive negotiations between the staff and New World Marinas, Inc's representatives, two major points of disagreement remain as follows: 1. TERM as related to granting a two (2) year option versus four. (4) years. The City's position is that the total term of eight (8) years does not constitute a short term management agreement. 2. CONSIDERATION, SCHEDULE AND DEFINITION of gross receipts and their relation- ship to the minimum guarantee to be paid to the City. The major point in disagreement on consideration between New World and the City's _position is that the $40,500.00 minimum annual guarantee should come solely from gross dockage receipts and that the receipts derived from gross non -dockage and gross concessionaire receipts should not be used to make up that minimum. The City's position in relation to the minimum guarantee is that the operation of the marina is a prime consideration in the best interest of the City. The staff recommends this Management Agreement as written. I concur and there- fore approve the staff recommendations as of this date. NOTICE or PUBLIC HEARING All interestedpersons please take notice that a pubic hearing will be held in the City Commission Meeting Room, City of Miami City Hall, 3500 Pan American Drive, Miami,Florida on January 18, 1979 at 6t00 o'clock P.M►to consider management contracts for Dinner Key Marina and Miamarina. Please be advised that copies of the proposed Management Contracts on both Dinner Key Marina and Miamarina will be available from the City Clerk's Office. RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA p.n-'wsw.A 80KownaI Co. Slip 98, i o=, 01 e)b Dock Maaterie Office Deer Rey Marina Miami, Florida net Dinner l ey Mari is Boat Service 'copse Conoetning the transfer, from City Maintenance to private intereat and the firth that wi11 a.ssune responsibility. Greetings, The Master Plan, as we all know, for this area eonsiste of a "Perspective"The 1t is our belief that all 'renovation and innovation should present status is :obvious. i . _ ,: .0 be in e.ccorclanee with the City beparttnent of Planning and Zoning. With respect and consideration for all aspects past, present acid future. Everyone knows what can and should be done. However, no mention is made of the faults and facts. The is sufficient area and then first and foremost which we 'believe. is barking. There some, providing it is properly appraised, without destroying "park" area. Existing Clubs (Charter or otherwise), Deed Clauses and situations, Conditions and understa ndings s with various people and companies, some of which go back to when the area was primitive. Public Boat Service here at Dinner itey is known and appreciated city-wide and then some. Is it to be changed for something else; are we going to change the name of Miami next week to Restaurant City?' Commercial fishing boats have been docking arid mooring here for decades. Are they to be put out without even a place to go? Dockage should be neither high or low, but fair. The thing to be determined is what is desired and the conditions thereof. is incidental. All else The Commercial Boats Co-op Authority is neither a private club or urionistic organization. Anyone is eligible for membership. Providing that someone qualifies, it is very easy to determine whether someone really is a Commercial Boat Operator or Owner. The Commercial Boats Co-op Authority has and is opted for this lease. Tendered; a minimum guarantee; which for now could be what is presently being realized; with fifty percent of dividend. Renovation and innovation to be financed. with bond and stock, private or city. The potential exists for it to be whatever way is best. Let us keep the notion of the Miami area as a place of coconut trees and sunshine. Industry, of course, is always appreciated. However, Florida is Miami; Michigan is Detroit. Boating here, to a tremendous extent, consists of pleasure craft and supplies and needs thereof,' Let's not make a mess of things for the sake of a couple of fast dollars, There is no way to keep frown acknowledging that Miami Dinner Key Grove area is no Longer Sleepy Hollow, It has gone "13igTime", Looking forward to the l8th of 3anuary, We all desire this to be a proud area, Your support is appreciated MINION IIIIIJiii!LII l ; rd. �� 0J D C „ems S S 3.z�/S�ia/a Drive) ve (4 con lemf'aiey . e z760 a• ni i • Dinner Key is a rough diamond with Beauty Let its cause it to shine. It is our belief that Dinner Itey could and should function with (by) sanction of the Authority (C b. C. O. A.) There is no other practical or legal potential. The name could be changed to Island Key Marina, The Annex could be considered a public dock favoring commercial boats. Keeping the status quo; appraised from varied aspects; it would be renovated and developed. Dinner Key, with the existing name, would always remain as an area. Let us draw a lease, establish an office, put every- thing on "GO". .. Joseph iT. Schap, Esq. .II 11111 11111111 IIII IIIII uIIIIIII nllIII 11l11 11II 1 II E• :ossnh L.ekap. Call S1ip 980 ieh`e)e) e/b Dock Ivlasteris Office Dinner Hey Marina Miami, Florida. Dinner Rey Marina Boat Service Complex Concerning the transfer fro n City Maintenance to private interest and the firth that will assume responsibility. ibility. Greetings, The Master 15lan, as we all know, for this area consists of a °°Perspective+'. The present status is obvious, It is our belief that all renovation and innovation should be in accordance with the City bepartiient of Planning and Zoning. With respect and consideration for all aspects past, present and future. Everyone knows what can and should be done, However, do mention is made of the faults and facts. The first and foremost which we believe is harking. There is sufficient area and then some, providing it is properly appraised, without destroying ''park" area. Existing Clubs (Charter or otherwise), Deed Clauses and situations, conditions and understandings with various people and companies, some of which go back to when the area was primitive. Public Boat Service here at Dinner 1<ey is known and appreciatcity-wide ty m and then some. Is it to be changed for something else; are we going to changethename of Miami next week to Restaurant City? Commercial fishing boats have been docking and mooring here for decades. Are they to be put out without even a place to go? Dockage should be neither high or low, but fair. The thing to be determined is what is desired and the conditions thereof. All else is incidental. The Commercial Boats Co-op Authority is neither a private club or unionistic organization. Anyone is eligible for membership. Providing that someone qualifies, it is very easy to determine whether someone really is a Commercial Boat Operator or Owner. The Commercial Boats Co-op Authority has and is opted for this lease. Tendered; a minimum guarantee; which for now could be what is presently being . realized; with fifty percent of dividend. Renovation and innovation to be financed with bond and stock, private or city. The potential exists for it to be whatever way is best. Let us keep the notion of the Miami area as a place of coconut trees and sunshine. Industry, of course, is always appreciated. However, Florida is Miami; and Michigan is Detroit. Boating here, to a tremendous extent, consists of pleasure craft and supplies and needs thereof. Let's not make a mess of things for the sake of a couple of fast dollars. There is no way to keep from acknowledging that Miami Dinner Key Coconut Grove area is no longer Sleepy Hollow, It has gone i"Big Looking forward to the lgth of Yanuary, We all desire this to be a proud area. Your support is appreciated. Sincerely and respectfully, 7 Joseph 'T .Scha Capful) .4 �■IIIIIIIIIIIIIIIIiiIIIIIIIIII IIII II I I PR POSIT bINNER KEY MARINA Dinner Key is a rough dianiond with Beauty Utility = Worth Let us cause it to shine. It is our belief that Dinner Key could and should function with (by) sanction of the Authority (C. / C. O. A.). There is no other practical or legal potential. The name could be changedto Island Key Marina. The Annex could be considered a public dock favoring commercial boats. Keeping the status quo; appraised from varied aspects; it would be renovated and developed. Dinner Key, with the existing name, would always remain as an area. Let us draw a lease thing on "GO". establish an office, put every- IL I I I II III 111111 11.1 I qx. L, 414 Dinner Key Marina Boat Service Couple Concerning the transfer from City Mainie Canoe to will assutnc respOntibility. Greetings, The Master Plan, as we all know, for this area consists of a l'PerspeetiVe". The present status is. obvious. _ It is our belief that all renovation and Atnovation should be inaccordatce with the City Delartrnent of planning and Zoning. With respect and consideration for all aspects past, present and future. tt'veryone knows what can and should be done. however, to mention is made of the faults and facts • The first and foremost which we believe is Parking. There is sufficient area and then some, providing it is properly appraised, without destroying "park" area. DeeClauses and situation, conditions' and existing Cltt gs (Charter or otherwise), d s pwise�, � g understandings with various people and companies, , some of which o back to when the area was primitive. Public Boat Service here at Dinner lteyis known and appreciated city-wide and then some. Is it to be changed for something else; are we going to change the name of Miami next week to Restaurant City? Commercial fishing boats have been docking and mooring here for decades. Are they to be put out without even a place to go? Dockage should be neither high or low, but fair. The thing to be determined is what is desired and the conditions thereof. All else is incidental. ,os n T. Schap * Slip' i Sttoltt e jti bock Master's Office Diner ley 'Marina Miami) Florida The Commercial. Boats Co-op Authority is neither a private club or unionistic organization. Anyone is eligible for membership. Providing that someone qualifies, it is very easy to determine whether someone really is a Commercial Boat Operator or Owner. The Commercial Boats Co-op Authority has and is opted for this lease. Tendered; a minimum guarantee; which for now could be what is presently being . realized; with fifty percent of dividend. Renovation and innovation to be financed - potential bond and stock,private or city.The exists for it to be whatever way is best. Let us keep the notion of the Miami area as a place of coconut trees Industry, of course, is always appreciated. However Michigan is Detroit. Boating here, to a tremendous extent, consists of pleasure craft and supplies and needs thereof. Let's not :hake a mess of things for the sake of a couple of fast dollars, There is no way to keep from acknowledging that Miami. Dinner Key Coconut Grove area is no longer Sleepy Hollow, It has gone "fig Tirne". Looking forward to the kith of January. We all desire this to be a proud area. Your support is appreciated, Sincerely and respectfully, Joseph T. Schap Captain t Gad r� DAD Co3 ( con tQmP i 1 ay -f Le z13.2p740 50. ere Divi,e) � P SITION Y Di BIER KEY MA`/NA Dinner Key is a rough dianiotid with Beauty . `[Utility - Worth Let us cause it to shines It is our belief that Diviner Key could and should function with (by) sanction of the Authority (C. B. C. O. A.). There is no other practical or legal potential. The name could be changed to Island Key Marina. The Annex could be considered a public dock favoring commercial boats. Keeping the status quo; appraised from varied aspects; it would be renovated and developed. Dinner Key, with the existing name, would always remain as an area. Let us draw a lease, establish an office, put every. n on II•III II IIII II I k qt.'s 'r 13 het Sinner Hey Marina Boat Service Complex Concerning the tra.nafer from City Maintenance tb private interest and this firth that will attune responsibility. `e§ash a q r ea = g1ip -980 o4)4�;��0� L�, s ► 40 e/b Deck Master's 5ffiee Dinner Hey Marina Pierda Creetings, The Master Nan, as we all know, for thisarea tottaists of a "Perspective". The present status is obvious, It is our belief that all renovation and inner atipn should be in aecotdattte with the City Department of planning and Zoning. With respect and consideration for all aspects past, present and futures tveryone knows what can and should be done. However, no mention is made of the faults and facts. The firstand foremost which we believe is Parking, There it sufficierit area and then some, providing it is properly appraised, without destroying "park" area. Existing Clubs (Charter or otherwise), heed Clauses and situations, conditions and understandings with various people and companies, some of which go back to when the area was primitive. Public Boat Service here at Dinner Key is known and appreciated citywide and then some. Is it to be changed for something else; are we, going to change the name of Miarni next week to Restaurant City? Commercial fishing boats have been docking and mooring here for decades. Are they to be put out without even a place to go? Dockage should be neither high or low, but fair. The thing to be determined is what is desired and the conditions thereof. All else is incidental. The Commercial Boats Co-op Authority is neither a private club or unionistic organization. .Anyone is eligible for membership. Providing that someone qualifies, it is very easy to determine whether someone really is a Commercial Boat Operator or Owner. The Commercial Boats Co-op Authority has and is opted for this lease. Tendered; a minimum guarantee; which for now could be what is presently being realized; with fifty percent of dividend. Renovation and innovation to be financed with bond and stock, private or city. The potential exists for it to be whatever way is best. Let us keep the notion of the a Miami area as a place of coconut trees and sunshine. Industry, of course, is always appreciated. However, Florida is Miarni; and Michigan is Detroit. Boating here, to a tremendous extent, consists of pleasure craft and supplies and needs thereof. Let's not make a mess of things for the sake of a couple of fast dollars; Where is no way to keep from acknowledging that Miami - Dinner Key Coconut Grove area is no Longer Sleepy Hollow. It has gone 1113ig Time'". Looking forward to the 18th of January. Your support is appreciated, We all desire this to be a proud area, • l ;de Z760 f 48.2 Sl rPQ Drthe ) I�111��/I I I1I IIII IIIII III. 1111 1 I I11111111 1 IIII111110 .,. Pf OPo ITION DINNER KEY MARINA Dinner Key is a rough diamond with Beauty = Utility Worth Let us cause it to shinte. It is our belief that Dinner Key could and should function with (by) sanotioti of the Authority (C. D. C. O. A.). There is no other practical or legal potential. The name could be changed to Island Key Marina. The Annex could be considered a public dock favoring commercial boats. Keeping the status quo; appraised from varied aspects; it would be renovated and developed. Dinner Key, with the existing an area. Let us draw a lease name, would always. establish an office, remain as put every- • 1 ;1�---all:t I. Cela • �0�rd Q p;r+ 4t'r$ 48§eph gekap Blip g O 'fts.90t e b oeit Masteris Office 1inner Hey Mariira Miami, Ploritla Concerning the transfer from City Maintenance to private interest and the firm that will assume responsibility. Greeting- - The Master .elan, as we all knew, for this area consist§LL of a Verspective''. The present i status is obvious It is our belief that all renovation and innovation should be in accordance with the City Department of Planning and Zoning. With respect and consideration for all aspects past, present and future. Everyone knojs what can and should be done. However, no attention is trade of the faults end facts. The first and foremost which We believe is Parking There is sufficient area and then some, providing it is properly appraised, without destroying lipark" area. Existing Clubs (Charter or otherwise), Deed Clauses and situations, conditions and understandings with various people and companies, some of which go back to when the area was primitive. Public Boat Service here at Dinner Key is known and appreciated city-wide and then some. Is it to be changed for something else; are we going to change the name of Miami next week to Restaurant City? Commercial fishing boats have been docking and mooring here for decades. Are they to be put out without even a place to go? Dockage should be neither high or low, but fair. The thing to be determined is what is desired and the conditions thereof. is incidental. The Commercial Boats organization. Anyone i it is very easy to deter Operator or Owner. The Commercial Boats Co-op Authority has and is opted for this lease. Tendered; a minimum guarantee; which for now could be what is presently being realized; with fifty percent of dividend. Renovation and innovation to be financed with bond and stock, private or city. The potential exists for it to be whatever way is best. Let us keep the notion of the Miami area as a place of coconut trees and sunshine. Industry, of course, is always appreciated. However, Florida is Miami; and Michigan is Detroit. Boating here, to a tremendous extent, consists of pleasure craft and supplies and needs thereof. Let's not make a mess of things for the sake of a couple of fast dollars. Co-op Authority is neither a private club or unionistic s eligible for membership. Providing that someone qualifies, mine whether someone really is a Commercial Boat There is no way to keep from acknowledging that Miami - Dinner Key Coconut Grove area is no longer Sleepy Hollow. It has gone 'Big Tune". Looking forward to the 18th of J'anuary. Your support is appreciated. We all desire this to be proud area. 1 NI 1 II■I 111111 Dinner Key is a rough diamond with Beauty _ Utility - Worth Let tta cause it to shine. It is our belief that Dinner Key could and should function with (by) sanction of the Authority (C. h. C 0. A.). There is no other practical or legal potential. The name could be changed to IslandKey Marina. The Annex could be considered a public dock favoring commercial boats. Keeping the status quo; appraised from varied aspects; it would be renovated and developed. Dinner Key m ni iimmm l l I II II II Il11 I I 1 49i? S, b`I. i `" 1 , fin; ..• Dinner Rey. Marina- 1 Oat uervice Cbrilpitk Cbnecrning the transfer from• City Maintenance ttf private interest a.tid the firm- that e.ssuthie respons bil ty. t 1 rehab ape, m 811p 98 th 4 tit) bock Masters ttfice i inner key M:atiiia 7l attii, r1btitla Greetings, The Master Plan, as we all know, for this area consists of a iiFers p ectiven. The present status is obvious, It is our belief that all renovation and innov, atio1 should be in accordance with the City Department of Manning and Zoning. With respect and consideration for all aspects past, present and future. Everyone knows what can and should be done. However, no mention is made of the faults and facts. The first and foremost which we believe is Parking. There is sufficient area and then some, providing it is properly appraised, without destroying "park" area. Existing Clubs (Charter or otherwise), Deed Clauses and situations, conditions and understandings with various people and companies, some of which go back to when the area was primitive. ► Public Boat Service here at Dinner Key is known and appreciated city-wide and then. some. Is it to be changed for something else; are we going to change the name of Miami next week to Restaurant City? Commercial fishing boats have been docking and mooring here for decades. Are. they to be put out without even a place to go? Dockage should be neither high or low, but fair. The thing to be determined is what is desired and the conditions thereof. All else is incidental. The Commercial. Boats Co-op Authority is neither a private club or unionistic organization. Anyone is eligible for membership. Providing that someone qualifies, it is very easy to determine whether someone really is a Commercial Boat Operator or Owner. The Commercial Boats Co-op Authority has and is opted for this lease. Tendered; a minimum guarantee; which for now could be what is presently being realized; with fifty percent of dividend. Renovation and innovation to be financed with bond and stock, private or city. The potential exists for it to be whatever way is best. Let us keep the notion of the Miami. area as Industry, of course, is always appreciated. Michigan is Detroit, Boating here, to a tremendous extent, consists of pleasure craft and supplies and needs thereof. Let's not make a mess of things for the sake of a couple of fast dollars, There is no way to keep from acknowledging that Miami Dinner fey . Coconut Qrpve area is no longer Sleepy Hollow. It has gone 1"13ig Time. Looking forward to the lath of January, We all desire this to be a proud area, Your support is appreciated, a place of coconut trees and sunshine. However, Florida is Miami; and Sincerely and respectfully, psph T. Schap Captain III II III I I • $1i Ntlt KEY MARINA Dinner Key is a rough diamond with Beauty 'tiiity Worth Let tit cause it to shine. It is our belief that Dinner Key could and should function with (by) sanction of the Authority (C, B. C. O. A.). There is no other practical or legal potential. The name could be changed to Island Key Marina, The Annex could be considered a public dock favoring commercial boats. Keeping the status quo; appraised from varied aspects; it would be renovated and developed. yam_ /rl1,`" .p % �• ���,� r- M•ti. �i r ---.....� jfilms' Ite.ie Y OZ., 1/1/0 thtu:S/.10/31 114565' A itt -000) 20 x $7s pei• mo. 15 x,5100 per mo. 172400 ott, y "a 100 k $40 pet eio. (568t,642) ( 18.000 18,000 72.030 48,000 N.A. S837,642 S 30,606 13,500 15.000 $ 59,100 $896.742 5514,432 382.310 -0- 362,310 $170,625 -0- $170,625 $ 52,434 5,243 4.1100 etfiV.0 _Mikti....OtNNE A550i0tt0N5 tiveaboards NdnrLiveabatds Sailboats toe etcial_Boatt T an5ieht obatt MboringS Other REVENUE ON CASH FLOW BASIS Liveaboards. NonzLiveabeardS Sailboats taxi eetiai ,Boats transient Boats Moorings Other (Gas fee. Spate total, etc,) Total Dotk Revenue 1NVESIVENT INCOME Reserve Fund Renewal & Replacei;ient Special Resetve bh Hand :ES...R 0N5TRUt thN,P00CRN1 1/1/_74..the0..6/36/80 10165' x tit PFPb 4200' k 6t PEpb 20 x $11 peP to. 15x 160 peP to, 550,000 peP year Beg: 1/1/60 @ $40 pee•mo, $615,681 136,080 11,150 16,200 75.000 24,000 .N.A,„ $310,121 $ 15,100 64750 ,22,250 Total interest $ 44,300 TOTAL GROSS REVENUES S922.421 b1S3URSEMENTS 0 & ti Expense plus ordi- nary Expense(1) Net Revenues Debt Service not other- wise provided (2) Net Income available for other contractual pay'ts. CONTPACTUA1 PAYMENTS TO CITY 50; of Debt Service 1/35 of Bond issue for extra ordinary repair b replacement.. (Ordinary RIR is included in annual operating budget) (3) Total to City TO MANAGER. C PFPO Hented Dockage 1/10% PFPD Rentals exc. 12t 10% Mooring Rental Total to Manager SURPLUS FUNDS (50% ea. City & Manager) FUND BALANCES, END OF PERIOD onstrucfion Fund(4) Debt Service Reserve R & R Reserve (Eiepre.) Interest Account Special R II R 1670./12 251.709 .0_ 251,709 $ 85,312 -0- $ 85,312 $ 78,651 N.A. $ 2.400 $ 01,051 $ 85,346 ($ 42,673) 13,500,000. 408,030 -0- 341,250 200,000 //1/8i _Eliru 6/30/82 � 21/01' A 13t) 2q x 580 peP MO, 15 x $120 per Mo. 1110,000 peP year 200 x 550 peP MO. t$1.0is,607) ( 19.200: 21,600 110i000 120,000 N.A. S1,286,407. S 30,600 13,500 15,000 $ 59,100 51,345,507 5 572,770 772,737 235,625 537,112 $ 203,125 50,000 $ 253,125 $ 78,124 7.812 12,000 $ 97,936 $ 186,051 (93,025) 1/t/62.:thiu6/30/:85. 121,01' A 141 20 x te6 00 Mai 15*5120pet to. S110,000_pee yeaP 200 x S50 p eP ($1,093,730) ( ) 19,200 21,600 110,000 120,000 N.A.,, 51,364,530. $ 30,600 13,500 ,. 15,000 $ 59.100 $1,423,630 $ 604.2/2 819.358 406.375 411,983 $ 203. 187 100,000 'S 303.187 78,124 15,624 12.000 $ 105,748 $ 3.048 (1.524) f/.1/83..thPti 6/30/84 2i761 x 151 20 k 580 peP Mo. 15 x 5120 peP no. S1i0,000`peP yeaP. 200 a 550 per mo, (S1,i7i,854} t( 10,260. 21,600 110,006 120,000 51,442,654 5 30,600 13,500 15.000 $ 59.100 $1.501.754 $ 637,507` 864.247 406.125 458,122 $: 203.062 100,000 $ 303.062 78,124 23,437 12.000 $ 113.561 41,499 $ (20,749)- 82 (1) 0MM Expense it provided by Biscayne, Int. , except for 1 i8fl andb1g03, which we increased the e*pehses by a factor of 5.6% allowance. (2) interest through construction period /1/80 thConstruction 1/1/82und it3p500,000 vided by the investment of the uns and the use and investment of thr spent Capitali2ed interest Eund of $341,250, (See Exhibit Ar-` ? Sinking rued) (3) Begins after construction is completed (1/35 of Bond issue) rr (4) Construction Fund of $3,500,000 made its first payment on -6-130/80 of $875,000. (5) Six months principal. (6) $377,424 is made up of $3,799 deficit in Exhibit A, plus $35,000 remaining principal provision due 1/1/83 in the amount of S70,000 plus $338,625 due in period. 1 THE CONSTRUCTION FUND Assuming $4,550,000,71/2% Bonds are issued January 1, 1980, and $3,500,000 will be deposited in the Construction Fund and spent over the period of January 1, 1980 through Dec- ember 31, 1981. Assuming this will be spent equally each six months, interest on the investments of these funds will be used to pay interest on the bond issue, along with the one years' interest capitalized of $341,250 at 71/2% interest. Bond funds will be received on January 1, 1980 for this example, Beginning Balance Capitalized Interest Received Interest Earned at 71% Construction Fund Interest Earned at 71/2% Interest Earned :on Balance Funds beforeDisbursements itess Debt Service &Jess iCOonstructiron Payments paid tend of period) Total Disbursements Reman:ng Funds Period 1/1/80 to 6/30/80 -0 $ 341,250 12,797 3,500,000 131,250 $3,985,297 $ 170,625 875,000 $1,045,625 $2,939,672 Period 7/1/80 to 12/31/80 $2,939,672 110,238 $3,049,910 $ 170,625 875,000 Period 1/1/81 to 6/30/81 $2,004,285 75,161 Period 7/1/81 to 12/31/81 $1,033,821 38,768 $2,079,446 $1,072,589 $ 170,625 $ 170,625 875,000 875,000 $1,045 ,625 $1,045,625 $1,045,625 $2 ,004 ,285 $1,033,821 $ 26,964 Balance to Construction. Fund This is subject to .revision depending on the payout schedule. Mill be :revised when we have and engineer's report. ■