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HomeMy WebLinkAboutR-78-0351RFC/tb 4/17/78 RESOLUTION NO. 7 8 ~ 3 5 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE ATTACHED LEASE AGREEMENT WITH THE MIAMI YACHT CLUB FOR A ONE YEAR TERM, EXPIRING MARCH 12, 1979; FURTHER MAKING SAID EXTENSION SUBJECT TO CANCELLATION BY THE CITY UPON 30 DAYS NOTICE. WHEREAS, the City of Miami has leased certain properties on Watson Island to the Miami Yacht Club; and WHEREAS, the Miami Yacht Club has performed a variety of public services for the City; and WHEREAS, the current lease with the Miami Yacht Club expired on March 12, 1978; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The current lease agreement with the Miami Yacht Club (copy of which is attached hereto and made a part hereof) is hereby extended for a one year term, expiring March 12, 1979; said extension being hereby expressly made subject to cancellation by the City upon 30 days notice. PASSED AND ADOPTED this 19ch day of May , 1978. ATTEST: 02,1 ALPHtG. ONGIE, CITY CLE PREPARED AND APPROVED BY: ,e04,14- ROBERT F. CLARK ASSISTANT CITY ATTORNEY Maurice A. Ferre MAURICE A. FERRE, M A Y 0 R "DOCUMENT INDEX ITEM NO. " APPROVED AS TO FORM ��..� CORRECTNESS: GEORG CITY . KNOX, R. TORNEY CITY COMMISSION MEETING OF MAY 19 1978 t; NUIOUJWIIOn 1+0 �.. cs: Richard L. Fosmoen Acting City Manager Robert C. Homan May 111978 Miami Yacht Club and Miami Outboard Club Lease Agreements On April 27, 1978, the City Commission considered proposed lease agreements for use of property and facilities on Watson Island by the Miami Yacht Club and the Miami Outboard Club, The City Commission focused its attention on the issue of alleged or potential discrimination by these two organizations and on ways to ensure that such discrimination would not occur. The Law Department was requested to redraft the two lease agreements to incorporate the terms and language that the City Commission would deem acceptable. These changes have been made and the agreements approved by the City Attorney. We are now prepared to submit these agreements and resolutions authorizing the City Manager to execute them to the Commission for its approval. • 78- 1 MM 16 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this the day of , 1978, by and between the City of Miami, a municipal corporation of the State of Florida, herein called the LESSOR, and the Miami Yacht Club, a non-profit corporation of the State of Florida, herein called the LESSEE: WHEREAS, the Charter of the City of Miami authorizes and empowers the City of Miami to do all things whatsoever necessary or expedient for promoting or maintaining the general welfare of the City of Miami or its inhabitants; and WHEREAS, such empowering provision of the Charter authorizes the City of Miami to establish small boat facilities; and WHEREAS, the City of Miami does not now maintain adequate small boat facilities in the central portion of the City of Miami adjacent to Biscayne Bay; and WHEREAS, the Miami Yacht Club has since the year 1947 main- tained such facilities on a portion of Watson Island and that such facilities have been used by not only the members of the Club but the public as well; and WHEREAS, the Miami Yacht Club since its occupancy of a portion of Watson Island has: 1. Taught sail boating, water safety, first aid, and swimming to the youth of the area, its members and to the public,. 2. Made facilities available to the Coast Guard Auxiliary, Civil Air Patrol and many others, at no cost, which would be of service in times of emergency, as well as boating regatta, all of which has been of benefit to the general welfare of the City of Miami and its inhabitants. 3. Established and conducted boat regatta which have brought and will continue to bring international publicity to Miami. 4. Combatted, through its activities in an affirmative manner, juvenile delinquency in the City of Miami. t t�nr+n*T""E JV 5, Aided in providing facilities for small boating in the City of Miami. 6, Pioneered small boating in the Miami area and this pioneering has aided in establishing small boating as a major economic asset to the Miami area. WHEREAS, the City of Miami considers the above named ser- vices to be services of a public nature, quasi municipal in char- acter; and WHEREAS, the Miami Yacht Club has established itself inter- nationally as an asset to small boating and in so doing publicizes the City of Miami; and WHEREAS, the City of Miami desires to aid insofar as is possible the small boat industry of the City of Miami; and WHEREAS, the Miami Yacht Club has financed and built the facilities it is now using on a portion of Watson Island, and that the said club occupied a portion of Watson Island prior to the time the City received a deed from the I. I. Board to Watson Island: -2- CUMENTS FOLLOW" That for and in consideration of,the foregoing and in fur- ther consideration of the covenants herein contained and in con- sideration of the said Club continuing the functions it now renders as hereinabove noted in the preamble to this Lease Agreement on the part of the LESSEE to be kept andperformed, the said LESSOR does hereby Lease to the said LESSEE, the following described property: Couuitence at a point shown as P.T. Sta. 25*50 on the OFFICIAL MAP OF LOCATION AND SURVEY OF A PORTION OF SECTION 8706, DESIGNATED AS A PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA, as recorded in Map Book 56 at Page 71 of the Public Records of Dade County, Florida, said point being the point of tan- gency of the center line of the most northerly curve of General Douglas MacArthur Causeway, running southwastwardly from the northwesterly corner of Watson Island and having a radius of 1432.69 feet and a central angle of 62°00'00"; thence run north- eastwardly along the northeasterly prolongation of the radial line of the abovementioned curve for a distance of 670.74 feet, more or less, to the point of beginning of the tract of land hereinafter described; thence deflecting to the right 111°00'00" run southwardly for a distance of 385.54 feet, more <<��������� or less, to a point; thence deflecting to the left �82°20'08" run eastwardly for a distance of 353.15 teet, more or less, to a point; thence deflecting DOCUMENTS``' o the left 97°39'52" run northwardly for a distance ?? of 380.83 feet, more or less, to a point; thence deflecting to the left 36°00'00" run northwestwardly for a distance of 503.72 feet, more or less, to a point; thence deflecting to the left 90°00'00" run southwestwardly for a distance of 66.65 feet, more or less, to a point; thence deflecting to the left 54°00'00" run southwardly for a distance of 316.53, more or less, to the point of beginning, containing 4.7 acres, more or less. An easement for ingress and egress will be provided by the City of Miami. TO HAVE AND TO HOLD the same for the term of one (1) year, commencing on the 13th day of March, 1978, the said LESSEE paying therefor to the LESSOR, as rent, the sum of One Dollar ($1.00) per year. And the said LESSEE covenants with the said LESSOR to pay the rent as above provided on the 13th day of March, 1978, to make no unlawful, improper or offensive use of the demised pre- mises; to make no assignment of this Lease or to sublet any part of said premises without the written consent of the LESSOR; to FOLLOW -3- A snake no Use of said premises for any other purpose that the per- formance and activities directly connected with the Miami Yacht Club, and to quit and deliver up said premises at the end of said term in as good condition as they are at the time of the execution hereof (ordinary wear, decay and damage by .the elements only expected). And the said LESSEE hereby covenants and agrees that, if default shall be made in payment of the rent as aforesaid, or if the said LESSEE shall violate any of the covenants of this Lease, then said LESSEE shall become tenant at sufference, hereby waiving all right of notice, and the LESSOR shall be entitled immediately to re-enter and re -take possession of the demised premises. LESSEE further covenants and agrees to payall taxes law- fully assessed against said real estate for the term of this Lease. LESSOR cribed () damage j red by Ei!understood whatsoever It is further understood and agreed by and the LESSEE that the LESSEE of the will hold and save the LESSOR harmless arising by reason of injury to persons the LESSEE in the use of the premises, and for agreed that the injuries the LESSOR to persons assumes and between the premises herein des - from any claims of and property incur - and it is further no responsibility or property incurred by rea- son of the operations carried on by the LESSEE under the terms of this Lease. The LESSEE shall file with the City Clerk a public liability insurance policy which will protect the City of Miami from any liability that may be incurred by anyone upon the demised premises. Such policy shall provide for a liability limit on account of each accident resulting in a bodily injury or death to one person of not less than $100,000 and a liability limit on account of accident resulting in bodily injury or death to more than one person of not less than $200,000. It is further understood and agreed by and between the LESSOR and LESSEE that this Lease is subject to the provisions of a certain Soil Disposal Easement between the City of Miami and the United States of America, dated the 18th day of February, 1948, for -4- 0 the dumping of fill on the property described hereinabove and in front of the property described hereinabove, and that the LESSEt agrees not to interfere with any operations by the United States of America pursuant to the said Easement, It is further covenanted and agreed by and between the LESSOR and LESSEE that no structure or structures may be erected upon the property set forth in the Lease unless the plans: (a) Be first submitted to the Director of the Department of Engineering; and (b) Be approved by the City Manager of the City of Miami, Dade County, Florida. It is further covenanted and agreed by and between the LESSOR and LESSEE that the LESSEE shall not engage in the sale of food, drink, alcoholic beverages, or the sale of any other merchandise to the public without first obtaining the written consent of the LESSOR. It is further covenanted and agreed by and between the "::::LESSOR and LESSEE that the LESSEE agrees that it will pay all ,,charges for gas, electricity, or other illumination, and for all water used on the premises. It is hereby understood and agreed by and between the LESSOR and LESSEE that any signs or advertising to be used in connection with the premises leased hereunder shall first be approved by the LESSOR before installation of same. It is further covenanted and agreed by and between the LESSOR and LESSEE that this Lease, and all rights of the LESSEE hereunder, shall at the option of the LESSOR cease and terminate upon said LESSEE discontinuing the present operation and use of the demised premises. It is further covenanted and agreed by and between the LESSOR and LESSEE that any and all improvements placed upon the demised premises shall become the property of the City of Miami at the termination of this lease. It is further covenanted and agreed that this Lease may be cancelled by the LESSEE at any time. -5- (f) the dumping of fill on the property described hereinaboVe and in front of the property described hereinabove, and that the LESSER agrees not to interfere with any operations by the United States of America pursuant to the said Easement. It is further covenanted and agreed by and between the LESSOR and LESSEE that no structure or structures may be erected upon the property set forth in the Lease unless the plans: (a) Be first submitted to the Director of the Department of Engineering; and (b) Be approved by the City Manager of the City of Miami, Dade County, Florida. It is further covenanted and agreed by and between the LESSOR and LESSEE that the LESSEE shall not engage in the sale of food, drink, alcoholic beverages, or the sale of any other merchandise to the public without first obtaining the written consent of the LESSOR. It is further covenanted and agreed by and between the -.13,ESSOR and LESSEE that the LESSEE agrees that it will pay all s.charges for gas, electricity, or other illumination, and for all water used on the premises. It is hereby understood and agreed by and between the LESSOR f . and LESSEE that any signs or advertising to be used in connection with the premises leased hereunder shall first be approved by the LESSOR before installation of same. It is further covenanted and agreed by and between the LESSOR and LESSEE that this Lease, and all rights of the LESSEE hereunder, shall at the option of the LESSOR cease and terminate upon said LESSEE discontinuing the present operation and use of the demised premises. It is further covenanted and agreed by and between the LESSOR and LESSEE that any and all improvements placed upon the demised premises shall become the property of the City of Miami at the termination of this lease. It is further covenanted and agreed that this Lease may be cancelled by the LESSEE at any time. -5- 4 0 It is further covenanted and agreed that the LESSOR may cancel this Lease upon giving thirty (30) days notice, in writing, mailed to the LESSEE upon the demised premises the LESSOR's inten- tion to cancel this Lease, provided however, the LESSOR shall pay to' the LESSEE the appraised actual value of the improvements,- f. (which shall take into consideration the unamortized life -of the • improvements) which the LESSEE has placed upon the demised premises, also depreciation,' said appraised actual value shall be obtained from qualified real estate appraisers, the City of Miami to appoint one and the LESSEE to appoint another and those two appraisers to render their report, unless they' are unable to agree, in which event, the two appointed appraisers shall select a third qualified real estate appraiser and the report of the three appraisers shall be binding upon the parties hereto. In the event\said three appraisers are unable to agree, the LESSOR and the LESSEE sh'a,11 have the right ' to petition the Circuit Court to properly ascertain the appraised actual value. Said payment of the actual value of the improvements, if any, shall be made as of such termination of the Lease d must be paid,.ithin thirty (30) days of the next ensuing budget y Saicj/appraisers' fees and costs to be paid equally by the LESSOR afid the LESSEE. All improvements or construction made by the LESSEE shall become property of the City of Miami at the termination of this agreement. The LESSEE agrees that there will be no discrimination against any prospective member, employee or person on account of race, color, sex, religious creed, ancestry, or national origin in its performance of quasi -public services under this contract; and it is expressly understood that upon receipt of evidence of such discrimination, the CITY shall have the right to terminate this contract. -6- "SUPPOR j IVE DOCUMENTS FOLLOW" IN WITNESS WHEREOF, the parties hereto have caused their respective names to be subscribed and their corporate seals to be affixed hereto, this the day and year first above written: This agreement shall not go into effect until the parties hereto comply with the terms and conditions set forth by the Internal Improvement Board of the State of Florida; said terms and conditions are recorded in the minutes of the Internal Improvement Board of the State of Florida and are recorded in their minutes of the meeting of May 28, 1957, held in Tallahassee, Florida, and that said Board has found that this lease is not in violation of any restrictions or limita- tions of record of the use which may be placed upon the demised land. ATTEST: CITY CLERK ATTEST: SECRETARY PREPARED AND APPROVED BY: (r V. Giiv. TERRY . PERCY f ASSISTANT CITY ATTORNEY THE CITY OF MIAMI, FLORIDA, a municipal corporation. By CITY MANAGER MIAMI YACHT CLUB, INC., a non-profit corporation of the State of Florida APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, CITY ATTORNEY _7_ PRESIDENT