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HomeMy WebLinkAboutR-78-0352"DOCUMENT INDEX ITEM NO - " CITY COMMISSION MEETING OF MAY 1 1978 RFC/tb 4/17/78 111 cJ) by the City upon 30 days notice. V RESOLUTION N0 , 7 8 ` 3 5 2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE ATTACHED LEASE AGREEMENT WITH THE MIAMI OUTBOARD 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 Outboard Club; and WHEREAS, the Miami Outboard Club has performed a variety of public services for the City; and WHEREAS, the current lease with the Miami Outboard 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 Outboard 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 cancella- PASSED AND ADOPTED this 19;:h day of _May 1978. Maurice A. Ferre MAURICE A. FERRE, MAYO R ATTEST: (52' CITY CLERK PREPARED AND APPROVED BY: 01(1/a ROBERT F. CLARK, ASSISTANT CITY ATTORNEY APPROV.S TO FORM AND CORRECTNESS: -7-: GEOR / KNOX, J R„ CITYRNEY ME BE mann mmw moor OMR a REM mmmi MEM MEW 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 Outboard Club, Inc., 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 Outboard Club has since the year 1947 maintained 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 Outboard Club since its occupancy of a portion of Watson Island has: 1. Taught small boating, water skiing, fishing, navigation regulations, water safety and other allied subjects to p f its members, to the youth of the area and to the public. "SUPPORTIVE <S U P O RTIV E Established and maintained not only for itself but in DOCUMENTS CU E��5 cooperation with the United States Coast Guard and the V U 1! �City of Miami a Radio Patrol Team (being the first small FOLLOW" boat radio patrol team in the Nation) which has been of La �r 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. 5, Aided in providing facilities for small boating in the the City of Miami. 78-:352, 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 Outboard Club has established itself internationally as an asset to small boating and in so doing pub- licizes 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 Outboard 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 1.1. Board to Watson Island: -2- "SU P O TIVE DOCU M EN FS FOLLOW" S Jr DOM Mari 3 FOLLOW" W ITNESSETH That for and in consideration of the foregoing and in fur- ther consideration of the covenants herein contained and it con- sideration of said Club continuing the functions it now renders as herein above noted itt the preamble to this Lease Agreement on the part of the LESSEE to be kept and performed, the said LESSOR does hereby lease to the said LESSEE the following described property: Commence at a point shown as P.T. Sta. 47 *16.98 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 tangency of the center line of the most southerly curve of General Douglas MacArthur Causeway running northwestwardly from the south- easterly corner of Watson Island and having a radius of 1910.08 feet and a central angle of 34°47'15"; thence run northeastwardly along the radial line of the abovementioned curve for a distance of 65.00 feet to the point of beginning of the parcel of land hereinafter described; thence run northwestwardly along the northerly right-of- way line of said General Douglas MacArthur Causeway, said line being the arc of a curve having a radius of 1845.08 feet and a central angle of 23°08'10", for a distance of 745.05 feet to a point; thence deflecting to the right 91°25'55" from a line tangent to the last mentioned curve at this point, run northeastwardly for a distance of 549.84 feet, more or less, to a point; thence deflecting to the right 118°00'00" run south eastwardly for a distance of 816.62 feet, more or less, to the point of beginning, containing 4.77 acres, more or less. 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 premises; to make no assignment of this lease or to sublet any part of said Premises without the written consent of the LESSOR; to make no use of said premises for any other purpose than the performance and activities directly connected with the Miami Outboard Club, Inc., and to quit and deliver up said premises at the end of said term in a good condition as they are at the time of the execution hereof (ordinary wear, decay and damage by the elements only excepted). -3- And the said LESSEE hereby covenants and agrees that, if default shall be made in payment of the tent as aforesaid, or if the said LESSEE shall violate any of the covenants of this Lease, then said LESSEE shall become tenant at sufferance, 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 pay all taxes law- fully assessed against said real estate for the term of this Lease. It is further understood and agreed by and between the LESSOR and the LESSEE that the LESSEE of the premises herein described will hold and save the LESSOR harmless from any claims of damage arising by reason of injury to persons and property incurred by the LESSEE in the use of the premises, and it is further understood and agreed that the LESSOR assumes no responsibility whatsoever for the injuries to persons or property incurred by reason 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 insur- ance 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 $100,000.00 and a liability limit on account of accident resulting in bodily injury or death to more than one per- son of not less than $200,000.00. 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 the dumping of fill on the property described hereinabove and in front of the property described hereinabove, and that the LESSEE agrees not to interfere with any operations by the United States of America pursuant to the said Easement. 14r`P I pp i ! ) • 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 merchan- dise 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. 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 intention - 5 - i to cancel this Lease,/provided, however, the LESSOR shall pay t e LESSEE the appraised actual value of the improvements hich shall take into consideration the unamortized life of he improve- ments) whirch the LESSEE has placed upon the demised premises, deprectation,Nsaid appraised actualvalue shal1. be obtained from qualified real estate appraisers, t}ie ,City of Miami to appoint one and the LESSEE to appointanother an, those two appraisers to also 6 render their report unless they are unable to agree, in which event, the two appointed appraise/la-shall p� 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 apprai- sers are unable to agree, the LESSOR and the LESSEE shall 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 year. Said appraisers' ;'LESSOR and 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 si the CITY shall have the right to terminate this contract. lease and must be paid within thirty (30) days of the ensuing budget fees and costs to be paid equally by'tke _ 6 "SUPPORTIVE 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 restriction or limitations of record of the use which may be placed upon the demised land. ATTEST: CITY CLERK ATTEST: SECRETARY PREPARED AND APPROVED BY: (17 TERRY . PERIL — ASSISTANT C TY ATY APPROVED AS TO FORM AND CORRECTN GEORGE F. KNOX, JR, CITY ATTORNEY THE CITY OF MIAMI, FLORIDA a municipal corporation. By CITY MANAGER MIAMI OUTBOARD CLUB, INC., a non-profit corporation of the State of Florida -7- PRESIDENT