HomeMy WebLinkAboutExhibit ACity of Mianri
Miami Yacht Club
License Agreement
1001 MacArthur
Causeway, Miami
Florida 33132
NONEXCLUSIVE LICENSE AGREEMENT
This License Agreement entered into this day of , 2024, by
and between THE MIAMI YACHT CLUB, with offices at 1001 Macarthur Causeway,
Miami, FL 33132 (hereinafter referred to as "Licensor or Club" ), and THE CITY OF
MIAMI, a municipal corporation of the state of Florida, with offices at 444 SW 2fl`t
Avenue, Miami, FL 33130 (hereinafter referred to as "Licensee or City" ).
Whereas, the City and Club entered into that certain lease agreement, dated December 2,
1997, Resolution No. 97-535, ("Lease") incorporated herein by reference, whereby Club
leases from City, certain City -owned property for the provision of marine -recreation
services; and
Whereas, pursuant to the terms of the Lease, as amended, Club is authorized to grant
property Licenses by securing approval of the City Manager; and
Whereas, the City has applied for and received the necessary permits to operate an
offshore, Watson Island mooring facility to provide an anchorage for transient boaters ("
Mooring Field"); and
Whereas, as part of the operation of the Mooring Field and the Mooring. Field permits,
the City has agreed to provide on -shore toilet facilities for the transient boaters and
provide dock space to access the toilet facilities; and
Whereas, the Club and the City desire to provide for dock space and upland facilities
for the operation of the Mooring Field to be developed by the City; and
Whereas, the Club is uniquely situated in close proximity to the Mooring Field so as to
provide docking space, toilet facilities and office space to the City to be used for the
operation of the Mooring Field.
NOW, THEREFORE, for and in consideration of the terms, conditions and mutual
covenants and stipulations herein and other good and valuable consideration received
by each party, the sufficiency of which are hereby acknowledged, Licensor and
Licensee agree as follows:
1. The recitals set forth above are adopted as though set forth here.
2. Beginning , 2024 and continuing annually thereafter until City has no
further need of purposes described herein, at the monthly rate of $5.480.50 (Five
Thousand Four Hundred Eighty and 50r 100 Dollars ), and solely for the purposes
described in this License Agreement:
WET SLIP
3. The Club provides to the City and the City accepts the non-exclusive license to
the use of Wet Storage Slip #1 (more specifically described as the South side of
the J Dock running Easterly for an approximate length of 50 feet from the
Western bulkhead, see site plan, Exhibit A, attached hereto and made a part
hereof.
J]PLAND FACILITIi
4. The Club provides to the City and the City accepts the non-exclusive license of
the Upland Facilities (more specifically described as the land bounded at the
Southeastern most corner of the property and fenced in for a total of 2,000
square feet and to include both suitable office and restroom trailers to be
provided by CLUB for exclusive use by the CITY for its mooring field
operations, see Exhibit A and Exhibit B, attached hereto and made a part
hereof).
a.) The Club, at its sole cost and expense. will provide and maintain the restroom
trailer(s) and suitable office trailer throughout the term of this license agreement.
b.) The Slip and Upland Facilities are to be used at the sole risk of the City, and the
Club shall not be liable for the care or protection of any vessel or transient boater.
There is no warranty of any kind as to the condition of piers, walks. gangways,
ramp or mooring gear, trailers , nor shall the Club be responsible for injuries to
persons or property occurring upon the Club property, unless such injury to
persons or property are caused by the negligent acts or omissions of the Club, its
officers, agents, or employees. The City agrees that the Club shall not be the bailee
of any vessel brought to the dock, and in no way does this License create a
bailment relationship. The relationship between Club and City is that of licensor
licensee.
c.) The City agrees to maintain possession, custody and control of the J ,dock and Upland
Facilities, and to keep all vessels properly secured in a manner that will not damage
Club property or other vessels.
d.) The Club's facilities are not safe locations for vessels during tropical storms or
hurricanes and the Club believes significant damage to vessels and to the
facilities will likely occur in a major storm if vessels are left in their slips
during these times. The City agrees that it is its responsibility to be aware of the
threat or approach ofa tropical storm or hurricane. During hurricanes, regardless
of whether the vessel is in a wet or dry slip, the City is strongly encouraged to
remove any vessel from the Club's premises to avoid damage to the Club 's
property or to the vessels belonging to other members.
Termination
5. It is agreed between the parties hereto that this Agreement may be terminated prior
to its termination, upon any of the Following reasons:
a.) By breach of any uncured, material covenants or provisions of this
Agreement.
b.). By written notice of termination by the City, accompanied by tender of
unpaid fees or charges.
c.). By the storage facilities becoming materially unserviceable, rendering the
purpose, of Agreement impractical.
Notices
6, In the event either party desires to give notice to the other, such notice shall be
provided as set forth in the Lease agreement described hereinabove.
No Third Party Beneficiary/Sovereign immunity
7. No provision of this License is intended to, or shall be construed to, create any third -
party beneficiary or to provide any rights to any person or entity not a party to this License,
including but not limited to, users of the Dock or Upland Facilities. Additionally, nothing
contained herein shall be construed as City's waiver of sovereign immunity nor the limits of
liability set forth in Section 768.28, Florida Statutes.
Counterparts and Electronic Signatures
8. This Agreement may be executed in any number of counterparts, each of which so
executed shall be deemed to be an original, and such counterparts shall together constitute but
one and the same Agreement. The parties shall be entitled to sign and transmit an electronic
signature of this Agreement (whether by facsimile, PDF or other email transmission), which
signature shall be binding on the party whose name is contained therein. Any party providing
an electronic signature agrees to promptly execute and deliver to the other parties an original
signed Agreement upon request.
CORPORATE SEAL
LICENSOR:
MIAMI YACHT CLUB, a Florida Not For Profit
Corporation
By:
Na /'2 ,¢ 4 r A X.¢ r9 /
Li
Title: C rs L] /2
CITY:
Attest: CITY OF MIAMI, a Florida municipal
corporation
B
Todd B. Hannon, City Clerk Arthur Norriega V, City Manager
Approved as to Legal Form and Correctness
By:
Victoria Mendez, City Attorney
JMB / 23-2856 Miami Yacht Club
Approved as to Insurance:
By:
Ann. Marie Sharpe, Director of Risk
Management
Exhibits A and B- Hereinbeloi
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