HomeMy WebLinkAboutPark & Recreational Purposesi+7
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DEPARTMENT OF THE ARMY
LEASE
FOR PUBLIC PARK AND RECREATIONAL PURPOSES
NUMBER: aACWI7-1-90-0001
BAYFRONT PARR, MIAMI HARBOR, FLORIDA
THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of
congress approved 22 December 1944, as amended (16 U.S.C. 460d), and the
Federal Water Project Recreation Act, 79 Stat. 214 (16 U.S.C. 460L-13), and
pursuant to a con ract entered into an April 25, 19(5 and a Supplemental
Agreement No. 1 thereto, entered into on July 29, 1987, by and between the
United States of America and the City of Miami,,iloxida, .(hereinafter
•refassed-to es the "contract'), tereby grants to the City'of Miami, Florida
a lease for a period of fifty (50) years commencing on
16 Auitust 1990 , and ending on 16 August 2040 to use and
occupy approximately 6.3 acres of Government -owned land under the primary
jurisdiction and of he Department of the Army as ■hown in red on attached
subject tot all terms and conditionalofdthisileasen attached Exhibit 8,
THIS LEASE is granted subject to the following conditions:
1. The lesseeshall conform to such regulations as the Secretary of•the
Army may issue to govern the public use of the project area, end shall
comply with the provisions of the above -cited Act of Congress. The lessee
shall protect the premises from fire and vandalism, and may make and enforce
such regulations as are necessary and within its legal authority, in
exercising the privileges granted in this lease, provided that such
regulation. are not inconsistent with those issued by the Secretary of the
Army or with provisions of the above -cited Act of Congress.
2. The lessee agrees to administer the land and water areas included in
the lease for recreational purposes, and to bear the costs of operation,
maintenance, and replacement of all facilities and improvements on the
premises at the commencement of this lease or added during its term. As
used in this lease the term "replacement" shall be cznstrued to mean the
replacement in whole or in part of any structure or improvement so worn or
damaged by any cause to no longer adequately serve its designed function
with normal maintenance. The lessee shall be guided by an Annual .Plan of
Operation and Maintenance in furtherance of the Plan of Recreation
Development and Management adopted pursuant to Article 1(b) of the Contract
and by this reference made a art thereof. On or before the anniversary
date of the lease each year, the parties shall agree on the Annual Plan
which shall include but is not limited to the following:
a. Plans for management activities to be undertaken by the lessee
including improvements and other facilities to be constructed thereon in
accordance with the Contract.
b. Report of the management, maintenance, and development
accomplishments of the lessee for the preceding year.
c. significant modifications of policies or procedures which have
developed or are to be applied.
d. Minor modifications to the Plan of Recreation Development and
Management (major modifications to be accomplished by amendment of the
Plan).
3. In addition to any subsequently agreed upon fees and charges
authorized under the provisions of Article 4 of the Contract, the lessee and
his sublessees may conduct such revenue -producing activities as are within
the scope of Article 3 of the Contract.
4. That upon the commencement of this lease the parties hereto shall
cause to be made an inventory of all improvements constructed in whole or in
2BPMT-17355
part with Federal funds under the terms of the Contract. Certain types of
Additional Facilities" including but not limited to restaurants, lodes,
cabins, clubhouses marinas, and such similar revenue -producing facilities
constructed under the authority of Article 3 of the Contract shall not be
added to this inventory. The inventory of improvements shall include
descriptions and drawings sufficient to permit their identification and
condition, and to replace them if required during the term or on the
expiration or termination of this lease. Said inventory and all amendments
thereto shall be approved in writing by authorized representatives of the
parties thereto and shall thereupon become a part of this lease as if
originally annexed.
S. The lessee may grant permits and licenses, and sublease all or
portions of the leased property for purposes which are consistent with the
terms and conditions of this lease and with the Plan of Recreation
Development and Management. All such grants shall state that they are
•granted •subfect• tw the •provisions ,of tf 1t- lease. 'The 'terms and. conditions
of permits, licenses, and subleases granted by the lessee far revenue
produciing purposes shallhfirst be approved by the Gf.strict Engineer in
In protect the investments of sublessees, he District
Engineer is authorized to approve subleases which require the Government to
continue to honor such parts of the subleases which may be necessary to
assure the continuation of the subleased activities upon a default which
would result in a revocation of the prime lease under Condition 14 thereof.
6. The lessee shall establish and maintain adequate records and
accounts and render annual statements of receipts and expenditures to the
District Engineer except for annual or weekly entrance fees which also are
honored at other recreational areas operated by the lessee. The District
Engineer shall have the right to perform audits of the lessee's records and
accounts, and to reqquuire the lessee to audit the records and accounts of
sublessees, and furiish the District Engineer a copy of the results of such
an audit.
7. The rates and prices charged by the lessee or its grantees for
revenue -producing activities shall be reasonable and comparable to rates
charged for similar goods and services by others in the community. The
Government shall have the right to review such rates and prices and require
an increase or reduction where it finds the objective of this paragraph has
been violated.
8. The right is reserved to the United States its officers, agents,
and employees, to enter upon the premises at any time to make inspections,
concerning the operation and maintenance of the lands and facilities
provided hereunder, and for any purpose necessary o:: convenient in
connection with river and harbor and flood control, dnd the lessee shall
have no claim for damages of any character on account thereof against the
United States or any agent, officer, or employee thereof.
9. The United States shall not be responsible for damages to property
injuries to persons which may arise from or be incident to the exercise of
of the privileges herein granted, or from damages to the property of the
lessee, or for damages to the property or injuries to the person of the
lessee's officers, agents servants, or employees or others who may be on
the premises at their invitation or the invitation of any one of them,
arising from or incident to the flooding of the premises by the Government
or flooding from any other cause, or arising from or incident to any other
governmental activities, and the lessee shall hold the United States
harmless from any such claims.
10. The City shall require all concessionaires and sublessees to obtain
from a reputable insurance company, acceptable to the Government, liability
or indemnity insurance providing for minimum limits of $1,000,000 per person
in any one claim, and an aggregate limit of $2,000 000 for any number of
persons or claims arising from any one incident with respect to bodily
injuries or death resulting therefrom, and $50,000 for damage to property or
a combined single limit coverage of $2,050,000 for all damage suffered or
alleged to have been suffered by any person or persons resulting from the
operation of the concessionaires or sublessees under the terms of this
lease.
2BPMT-17356
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That upon commencement of this lease, the City shall obtain from an
I
insurance company licensed in the State and acceptable to the Government,
liability or indemnity insurance providing for minimum limits of 51,000 000
per person in any one claim, and an aggregate of 52,000,000 for any number
of parsons or claims for damages against the City for injury to or loss of
property, personal injury or death, suffered or alleged to have been
suffered by any person or persons resulting from operations by the City.
11. The lessee or its grantees shall not discriminate against any
person or persons because of race, creed, color, sex, or national origin in
the conduct of its operations hereunder. The lessee has furnished as part
of the Contract an assurance that it will comply with Title VI of the Civil
Rights Act of 1964 (78 Stat. 241) and Department of Defense Directive,
5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code
of Federal Regulations, and all grantees shall supply like assurances
(Exhibit"C").
12. This lease is subject to all existing easements, and easements
subsequently granted, for roadways and utilities and for other purpose■
located ar to be located on the premises, provided that the proposed grant
of any easement will be coordinated with the lessee and easements will not
be granted which will, in the opinion of the District Engineer, interfere
with developments, present ar proposed, by the lessee.
13. The lessee shall comply promptly with any regulations, conditions,
ar instructions affecting the activity hereby authorized if and when issued
by the Environmental Protection Agency and/or State Water Pollution Control
Agency having jurisdiction to abate or prevent water pollution. Such
regulations, conditions, or instructions in effect or prercribed.by the
Environmental Protection Agency or state Agency are hereby made a condition
of this lease.
14. This lease may be revoked by the Secretary of the Army in the event
the lessee violates any of the terms and conditions of this lease and
continues and persists therein for thirty (30) days after notice thereof, in
writing, by the District Engineer. Such a termination shall not derogate or
diminish such other remedies in law as may be available to the Government
and in no way shall it act to relieve the lessee of his responsibilities and
obligations under the Contract. In lieu of revocation the District
Engineer, in his discretion, upon a finding that a violation constitutes a
health or safety hazard may suspend the use of that operation or facility
until such deficiency is rectified.
15. On or before the date of expiration of this lease, the lessee shall
vacate the premises, remove its property therefrom, and restore the premises
to a condition satisfactory to the District Engineer. If, however, this
lease is revoked the lessee shall vacate the premises remove its property
therefrom, and restore the premises as aforesaid within such time as the
Secretary of the Army may designate. In either event, if the lessee shall
fail or neglect to remove its property and so restore the premises, then its
troperty shall become the property of the United States without compensation
herefor, and no claim for damages against the United States or its officers
or agents shall be created or made on account thereof.
16. All notices to be given pursuant to this letter shall be addressed,
if to the lessee, to the City Manager, City of Miami, Florida, 3500 Pan
American Drive, Miami, Florida 33133, if to the Government, to the District
Engineer, U.S. Army Engineer District, P.O. sox 4970, Jacksonville, Florida
32232-0019, or as may from time to time be directed by the parties. Notice
shall be deemed to have been duly given if and when enclosed in a properly
sealed envelope or wrapper, addressed as aforesaid and deposited postage
prepaid in a post office or branch post office regularly maintained by the
United States.
2BPMT-17357
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the
Secretary of the Army this )6th day of A„tunt , 19.90 .
tinghief, Real Estate Division
.S. rmy Corps of Engineers
Jacksonville, Florida District
THIS LEASE is also executed by the lessee, this 8th day of
August , 19 90
ATTEST:
MATT
'"'City 'Clerk
{
THE CITY OF MIAMI a municipal corporation
of the State of Florida
45i-yrt-4
APPROVED AS TO FORMLAND CORRECTNESS:
CESAR H. ODIO
City Manager
2BPMT-17358
EXHIBIT "B" TO LEASE
TRACT ONE
PROMENADE
Legal Description
A tract or parcel of land located in Township 54 South, Range 42 East,
Dade County, Florida, being more particularly described as follows:
Fora point of reference commence at the intersection of the City
Monument Line Biscayne Boulevard (North) and Chopin Plaza (Southeast Second
Street extended easterly), said monument being a brass pin in concrete
inside a monument casting set in pavement, having a grid coordinate value of
x-767,294.88, 7-523,736.28;
Thence South 89059'56" East, (grid bearing of Forth 87°42'37" East)
along said Monument Line Chopin .Plaza a distance of 834.50: feet, wore or
-less, to its intersection with an existing steal'bulkhead along Biscayne
Bay, said intersection having a grid coordinate value of x-768 128.71, y-
523,769.63, said bulkhead being 8.4 feet, more or less, westerly of the U.S.
Harbor line as recorded in Plat Book 74 at Page 3 of the Public Records of
Dade County, Florida;
Thence South (grid bearing of South 02°01'36" East) along the face of
said bulkhead a distance of 25 feet to a point designated PL-1, said point
also being the Northeast corner of Tract D" of Dupont Plaza es recorded in
Plat Book 50 at Page 11 of the Public Records of Dade County, Florida
having a grid coordinate value of x-768,129.59, y-523,744.65; the following
bearings and distances are based on Transverse Mercator Grid Systems Florida
East' Zone.
Thence run South 87°42'37" West, a distance of 20 feet to a point
designated PL-2;
Thence North 02°01'43" West, a distance of 85.59 feet to a point
designated PL-3;
Thence South 87°42'37" West, a distance of 10.11 feet to a point
designated PL-4;
Thence North 02°01'09" West, a distance of 37.46 feet to a point
designated PL-5; yy
106.00efeet,, anharctdistancenofa146 88 feet, vte heochordloftwhichhbearsdNorthf 41°43'30" West 135.41 feet to a point designated PL-6;
Thence South 87°58'44" West, a distance of 44.52 feet to a point
designated PL-7;
Thence North 02°01'36" West, a distance of 234.97 feet to a point
designated PL-8; Thence Northwesterly with cau17concave
the
right,
asiusof 155.80fee, nadistaneof6.5feet, thechordofwhich ber
North 47°42'20" West 167.26 feet to a point designated PL-25 which is the
Point of Beginning.
From said Point of Beginning thence run South 87143'39" West, a distance
of 375.00 feat to a point designated PL-247
Thence North 02°16'21" West, a distance of 70.0 feet to a point
designated PL-23;
Thence North 87°43'39" East, a distance of 375.00 feet to a point of its
intersection with the arc of along
curve designated PL-22;
Thence
to the left, the ecenter yoflwhich lies Southi79°17r33' East of5said paint
155.80' the chord of which bears South 20°16'21" East 70' an arc distance of
70.62 feet to the Point of Beginning through a central angle of 25°57'51".
2BPMT-17359
The above described tract or parcel of land contains .60 of an acre,
sore or less.
The United States of America is the owner of the .60 of an acre pursuant
to warranty Deed, dated June 21, 1990 and recorded July 19, 1990 in Official
Records Book 14630, page 2969, of the Public Records of Dade County,
Florida.
2BPMT-17360