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Home My WebLink AboutR-78-0748tC/Ito i.o/1t/7$ RESOLUTION N0, 78*748 A RESOLUTION AttTHORtzINC .THE..CITY MANAGER• fiO EXECUTE -THE ATTACHED AMENOMNT TO'Tt4E LEASE AGREEMENT, DATED .tUNE 1 i977 y $ETi4ttN THE CITY, OF.HIAMt AND BAYSHORE PROPERTIES CUVEl?ING REAL• PROPERTY LOCATED. AT 2560 SOUTH•HAYSHORE•DRIVE, IN ACCORDANCE • [VITA THE TERMS AND CONDITIONS SET FO1TH , tN SAIt) AMENtjHi T. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIA1•1I, FLORIDA: Section 1, The City Manager is hereby authorized to execute the attached Amendment to the Lease Agreement, dated June 1, 1977, between the CITY OF MIAMI and Bayshore Properties, Inc., covering real property located at 2560 South Bayshore Drive, in accordance with the terms and conditions set forth in said Amendment. PASSED AND ADOPTED this 14th day of December 1978. Maurice A. Ferre MAURICE A. FERRE, MAYO R ATTEST: H G. NGIE,• CITY CLERK PREPARED AND APPROVED BY: X. 41/-t ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROV CORRECTNESS: "SUPPORTIVE DOCUMENTS . FOLLOW„ • CITY COMMISSION MEETING OF QEQi 41978 $s, 7 48 r ise h t, Brassie• Litt Manager dUnderson edtor of Finance i �^} T :.';{�i C{�.� :'��r iJ-i ;1 i�•._ ��tt/1'� ''j' hi 1 1 1it ! rJ a t, Odtobet 26, 1978 • `Lease Atehdfent between Bayshore Properties, inc, and the City for Additional $ay Bottom tends. ar s COPY of Draft Agreement to Amend tease Agreement. of Resolution g Copy ..., . The City. Commission passed and adopted Resolution No 77-462 authorizing the City Manager to enter into a lease agreement for the bay bottom lands and real property located at 2560 South 8ayshote brine, effective June 1, 1977,. Under the terms and conditions contained in Paragraph (3) Redevelopment, in that lease agreement; it gives the lessee the right to expand the marina docking facilities if lawfully permitted, The lessee has currently submitted an application for a dock extension to that marina facility. The dock extension as proposed will go -outside of that area of bay bottom lands now under a lease agreement with the City This amendment, as proposed, will encompass approximately 2/3 of an acre of additional bay bottom land needed to construct the new dock extension and is so described in an amended legal description. The amendment also provides for an additional $730.25 annual rent for the use of this area upon the completion of the:dock, This additional rent will be added to the minimum rent as outlined in Paragraph (7) of theoriginal lease and the amendments to it ,The Department of Finance recommends the adoption of the attached Resolution authorizing the City Manager to execute the attached amendment to the lease between the City of Miami and Bayshore Properties, Inc. JEG:WHH:nsm Law Department Richard Fosmoen, Assistant City Manager "SUPPORTIVE DOCUMENTS FOLLOW" DA ViI) iittiett ATtOntwi At LAW lf( 8O2 28D0 bOUGLAb koAD OonAL 6AtLt"s, PLO tDA 5$ 54 80to 448.4496 Oct6ber.30, 1908 Mr: Biii Harrison City Of Miami, Lease Matagetnetit Pan American Trail Coconut Crove, Florida 33133 Re; Lease Amendment between Bayshore Properties Inc: and City of Miami for Additional Bay Bottom Lands Dear Mr. Harrison: Please find enclosed herewith a resolution,of the above referenced amendment, which was approved by Monty Trainer, and the executed amendment to lease agreement for 2560 South Bayshore Drive: I would hope that we can put this item as well as the lease with the Kelley docks on the Commissions agenda for the next meeting. Thank you for your cooperation in this matter. DB:gmm Enclosure Very tr yours, Day d Block M ll_I IDt 1EI1t TO Lost ACtlttt II_f_IT_ THIS ACREEt•IEHT, bearing the date Of 1978, and entered into, on the dates respectiVciy shown below, by and between the City of liamt, r1orida, (hereinafter referred to as "CITY"), and [3ayshore Properties, Inc,' a E1orida corpo- ration (hereinafter referred to as "COPIPAHY"), amends an existing agreement bearing date of June 1, 1977,' WHEREAS, the CITY and BAYSHORE PROPERTIES, It1C. entered into an agreement pursuant to Resolution Ho. 77-462 for the rental of real property located at 2560 So, Bayshore Drive, effective June 1, 1977; and WHEREAS, said agreement provided that it should be amended only upon written consent of both parties thereto; and WHEREAS, both parties are desirous of amending said agree- ment: and WHEREAS, the City Commission, pursuant to Resolution Ilo. , authorized the City !tanager to amend the existing lease agreement in accordance with the terms set out below; If COHSIDERATIOII of the mutual covenants and agreements hereinafter set forth, and for and in consideration of other valuable consideration, the parties hereto covenant and agree as follows: PREIIISES TO BE LEASED The "CITY" does hereby lease to the "COt•IPAI1Y" for the purpose and under the conditions hereinafter setforth, the following additional Bay Bottom Land located in Biscayne Bay, City of Hiami, Dade County, Florida to wlt•, «^ r^OFMV E According to EXHIt31T 0 1 Attached hereto and made D iCU i Eta • r a part hereof C Which will encompass an area of 29,4?1+,4 square feet, of which 2,36?,6 square feet are to be occupied by .a proposed dock extension (said proposed dock to comprise r78 ' 4S 2536246 square feet), and 27506148 scluate feet ate to be open Irate The "COMPANY" agrees to pay the "CltY", do additional sum of Sa7J0125 bollats upon the completion of the dock; as cohsidcr-ation for the additional leased Bay Bottom Lands. The minimum rent as out= lined in paragraph seven (7) of the original lease and the amendments thereto shall be increased by $730.25 annually upon completion of the dock. This amendment shall not become effective unless and until. approved by the City Commission of the City of Miami and approval for permits is obtained for the dock construction from all governmental agencies. All other terms and condition of the original lease dated June 1, 1977).between the parties remain the same. IN \ti'ITNESS IIHEREOF, the parties hereto have caused this instrument to be executed in their names by the persons hereto legally qualified and authorized, all as of the day and year herein before just above written. CITY CLERK ATTEST SECRETARY PREPARED AND APPROVED 13Y; ao TERRY V, PERCY. ASSISTANT CITY ATTORIII:Y THE CITY OF MIAt•1I, a municipal corporation. By CITY MANAGER BAYSHORE PROPERTIES, APPROVED AS TO FORI.1 Atli) CORRCC_ TIIF GEORGE F, KNOX ._.3R, ,. CITY ATTORNEY- PRESIDENT 1 i11BI'T B Beginning at the intersectioh of the SFily, ettension of the SWily, line of Lot 24 Block 43 of the plat of NeW.13iscayne Hindi as shown in Plat Book B at Page 16 of the Public Records of Dade County, t'lorida with the Dade County Bulkhead line as shown in Plat Book 74, Page 3► Sheet 5 of the Public Records of Dade County, Florida; thence run N 216 41'-51" along said Bulkhead Line, for a distance of 84.87'., to its intersection with the SE'1y. extension of the NE'ly, line of the sw'ly. of Lot 23 Block 43 of the aforesaid Plat of New Biscayne tmd.; thence run S 40n 23'32" E along the SE'ly. extension of said NE'ly, line of the 8E'ly,1 12 of Lot 23 for a distance of 283.72' to a point; thence run S 49 36'28" W for a distance of 115.68' to a point; thence run -N 40' 23'.32" W for a distance of 225.' to a point on the Dade County Bulkhead Line; thence N 21" 41'51" E along said Bulkhead Line for a distance of 44.86' to the Point of Beginning of the herein described tract of submerged land.