HomeMy WebLinkAboutMemorandumMEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is hereby made a part of
the Lease Agreement dated , 1977, between the
City of Miami and Marina Bi caya�', Tnc., and is incorporated therein
by reference hereto.
W I T N E S S E T H:
ti
WHEREAS, the City of Miami has entered into a Lease Agreement
with Marina Biscayne, Inc., dated , 1977; and
WHEREAS, the parties to said Lease Agreement desire that
certain of its terms be clarified;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HERE-
INAFTER CONTAINED, THE PARTIES HERETO COVENANT AND AGREE, AS FOLLOWS;
1. In reference to Section 2 of the Lease Agreement:
"permits and approvals" shall mean"those permits and
approvals required for the commencement of construction
of a marina facility according to the terms of the lease.".
2. In reference to Section 4 of the Lease Agreement:
(a) If the Lessee should fail to obtain any of the permits
required for construction of the marina facility pur-
suant to this lease, the Lessor shall consider reducing
the monthly minimum and percentage rent proportionately.
(b) The parties hereto further agree that the permits
described in this Section shall be obtained by the
Lessee, as required, for each construction phase.
(c) In the event of termination, pursuant to Section 4
hereof, there shall be no liability on the part of
either party to the other.
3. In reference to Section 5 of the Lease Agreement:
(a) In the first sentence of Section 5, the word "permits"
shall mean "all permits required by phase 1 of the
construction schedule".
(b) The parties hereto agree that if any changes in the
design, order and extent of construction are mandated
by any governmental agencies, the Less -err- shall not
withhold approval for such changes.
(c) The time requirements, as established by the con-
struction schedule are minimum time requirements.
4: In reference to Section 17 of the Lease Agreement:
The •parties hereto agree that Lessee shall be responsible
for the continued maintenance of that portion of the road
used_ far the transportation of its heavy equipment.
5. In reference to Section 19 of the Lease Agreement:
The parties hereto agree that the indemnification provisions
of Section 19 mean that Lessee shall indemnify and hold
harmless Lessor from any and all damage and liability arising
from liens or claims of any kind or nature whatsoever result-
ing from the use, activities and operations of Lessee on or
about the premises.
6. In reference to Section 24 of the Lease Agreement:
The Lessee agrees that it will attempt to negotiate any
subleases or assignments under the same terms and conditions
as set forth in this Lease Agreement, and subject thereto.
7. In reference to Section 25 of the Lease Agreement:
The parties hereto agree that the City Manager's designated
personnel shall have written authorization, signed by the
City Manager, for inspection of the premises, pursuant to
this Section 25.
8. In reference to Section 27 of the Lease Agreement:
The parties hereto agree that in no event shall the attorneys
fees incurred in the collection of rent exceed 10% of the rent.
IN WITNESS WHBREOF, the parties hereto have executed this
-2-
•
MEMORANDUM OF UNDERSTANDING this 01%/day of
ATTEST:
ATTEST:
Secretary
Prepared by
By
, 1977.
MANAGER - Lessor
MARINA BISCAYNE, INC.
/Z.flLe'
By , •
presiden - Lessee
(444 Judith Hollander, Asst. City Attorney
D ABTO FORM AND CORRECTNESS
ORGE F. OX, JR., CITY AT
-3-.
•
INDEX
Section
WITNESSED
1 DESCRIPTION OF THE PREMISES
2 TERM
3 USE
CONDITIONS PRECEDENT
5 IMPROVEMENTS BY LESSEE
6 CONSTRUCTION WARRANTY
7 OWNERSHIP OF IMPROVEMENTS
8 PLEDGE OF LEASEHOLD INTEREST
9 RENT
10 RENT DEPOSIT
11 GROSS RECEIPTS
12 RECORDS, ACCOUNTS AND STATEMENTS
13 PROPERTY TAXES
14 LICENSES AND PERMITS
15 MANNER OF OPERATION
16 CONFORMITY TO LAW
17 MAINTENANCE AND REPAIRS
18 DESTRUCTION
19 INDEMNIFICATION
20 INSURANCE
21 UTILITIES
22 DEFAULT
23 BANKRUPTCY OR INSOLVENCY
24 SUBLEASE AND ASSIGNMENT
25 INSPECTION OF PREMISES
26 NOTICES.
27 ATTORNEY FEES
.28 WAIVER
29 TIME OF ESSENCE
30 TERMS BINDING ON SUCCESSORS
31 SIGNS
EXHIBIT "A" (Survey)
EXHIBIT "B" (Parcel e•
41-6,00),
' Oa to
1
2
3
3
4
7
7
8
8
10
10
10
11
11
11
11
11
12
12
13
14
14
15
15
15
16
16
16
16
17
17