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HomeMy WebLinkAboutR-77-0116RPC/rb 1./11/77 RESOLUTION NO. _a..LL ., .:6 _:_ x A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE MARINE STADIUM WATER SPORTS RENTAL, INC. POR THE LEASE OF CERTAIN PROPERTY WITHIN THE AREA OF MARINE STADIUM. bE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the attached agreement with MARINE STADIUM WATER SPORTS RENTAL, INC. for the lease of certain property within the area of MARINE STADIUM. ATTEST: PASSED AND ADOPTED this 1OTH day of FEBRUARY,1977 ife.-7g/ CIT CLERK PREPARED AND APPROVED BY: Ja4W,/t- P0141t: Cam[ ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -7: '7. GEO`GE F, KN•1, JR. CITY ATTORNE MAURICE A. FERRE MAYOR "DOCUMENT "JDEX ITEM Np PY "SUPPORTIVE FOLLOI» CITY COMMISSION MEETING OF FED 1 0 1977 RPOWTION t40.,.7r.. ... ••.mil, REIi/4RKS; AGREEMENT This Agreement entered into this day of 19._. by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "the Lessor" and MARINE STADIUM WATER SPORTS RENTAL, INC., a Florida corporation, hereinafter re- ferred to as "the Lessee." WITNESSET H: WHEREAS, pursuant to Resolution No, , passed and adopted by the Commission of the City of Miami on the City Manager was authorized to enter into a contract with Marine Stadium Water Sports Rental, Inc. for the operation of a jet ski and sailboat rental concession; and WHEREAS, in conjunction with the leasing of the premises, the Lessee shall have the exclusive right to offer for rental jet ski craft and sailboats; NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The Lessorhereby grants to the Lessee, upon the terms and conditions hereinbelow set forth, an exclusive license to operate a jet ski rental business at and upon the premises of the Lessor hereinbelow described, and in consideration of the grant of such license, the Lessee agrees to make the payments provided by this agreement to be made and to perform all of its obligations and undertakings hereinbelow set forth. 2. DESCRIPTION OF PREMISES The Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor that certain real property located in the City of Miami in the area commonly referred to as the lagoon located West of the Marine Stadium and between the Rickenbacker Causeway on the South and the Rusty Pelican Restaurant on the North, and bounded by the bay on the West, The specific onshore area 1di`a1,\ CUri .W4 F LOW" leased is the atea along the South end of the lagoon beat the entrance of the roadway leading to the Rusty Pelican Restaurant, said onshore area being mote particularly described as follows: (see attached scaled drawing of Lease Area.) PROPOSED LEASE AREA FOR r IAMI: WATER SPORTS RENTAL, INC, Commence at the southeast corner of Section 17,Township 54 South, Range 42 East; thence run north 89' 56' 49.5" west for a distance of 2,649.84 feet, more or less, to a point of intersection with the center line of "Rickenbacker Causeway" as shown in Plat Book 74, at page 9, Sheet 2 of the Metropolitan Dade County Bulkhead Leine; thence run north 45° 22' 07" west along said center line of "Rickenbacker Causeway" for a distance of 4,100,00 feet to a point; thence run north 44° 37' 53" east for a distance of 200,00 feet to the Point of Beginning of the hereinafter described tract, said Point of Beginning also lying on the southwesterly property line of "Marine Stadium"; thence continue north 44° 37' 53" east for a distance of 150.00 feet to a point of curve; thence run northeast- erly, northerly and northwesterly along the arc of a curve concave to the west, having a radius of 235.00 feet through a central angle of 81° 26' 05" for an arc distance of 334.01 feet to a point on said curve; thence run south 44° 37' 53" west for a distance of 382.38 feet to a point of intersection with the said southwesterly property line of "Marine Stadium"; thence run south 45° 22' 07" east along said southwesterly property line of "Marine Stadium" for a distance of 200.00 feet to the Point of Beginning. Said Tract containing 1.50 acres, more or less. 3. TERM The term of this agreement shall be for a period of one (1) year beginning on the date of the execution of this contract. 4. USE OF PREMISES The Lessee shall use the hereinabove described premises for the sole purpose of rental of jet ski craft and sailboats by the Lessee to the general public, and Lessee shall confine his activities to those pursuant to this Agreement and shall not carry on any other business on City property without specific written authority of the City Manager or his authorized representative. Any attempt to substitute or add other activities such as, but not limited to, seaplane landings, helicopter landings or pads; marina development; boat sales; aerial kites; anchorage of transient boats for any duration of time; etc„ without said approval, will result in immediate termination of the lease. "SUPPORTIVE D V ,\1 N T The Lessee may permit the jet ski craft to be taken out of the lagoon and into the bay Lessee shall have the e:}:clusive use of the lagoon adjacent to the Rusty Pelican Restaurant. Lessee shall have the use of the Marine Stadium waters on non -race, nonevent days. On event days, and other days when the Marine Stadium waters are closed for trials or testing, the jet ski operation must be Con- fined to areas not being used by the Marine Stadium. The Lessee shall advise his clients on days when the Marine Stadium waters are closed and shall also conspicuously post a notice to that effect. 5. FACILITIES With the exception of provision of convenient parking area nereby to serve the jet ski and sailboat rental concession, Lessor will provide no equipment, facilities, or services to support the leased activity. The Lessee, therefore, shall provide attractive and safe jet ski craft and sailboats; all governmentally required safety equipment to support his operations; a floating dock large enough to accommodate the entire ope:ation of vessel overnight storage, ticket sales, shelter, etc.; all mooring equipment to securely moor the floating dock (Note: Mooring anchors are to be of "clean" material, and not old engines or other such items with water pollution possi- bilities); and a gangway or a walkway to connect the floating dock to the shoreline. No pilings shall be permitted to be driven in connection with this concession operation. 6. MAINTENANCE Lessee shall be solely responsible for maintenance of all equip- ment and facilities utilized by him in his leased operations. Lessee will be required to maintain boats and other equipment in good condition. 7. SUM PAYABLE TO LESSOR The Lessee shall pay to the Lessor a rental sum of 15% (fifteen percent) of gross receipts, or a minimum annual guarantee in the amount of $2400.00, whichever is greater:, Said rental "SUPPORTIVE DOCUMENTS FOLLOW" percentage shall be paid to the Lessor by the 1.0th of each month for the preceding month, and said payment shall be accompanied by a statement of gross revenue for the preceding month. The $2400,00 minimum annual guarantee shall be paid by the Lessee to the Lessor at the time of execution of this agreement and, thereafter, annually in advance if this agreement should be extended beyond its one year term. It is also understood that the 47 Florida State Lease Tax on rental payments shall be added to Lessee's rental payment and for- warded to the Lessor as part of said payments. It is the intent of the Lessor that it is to receive the rental amount as net. free and clear of all costs and charges arising from or relating to said demised premises. 8. GROSS RECEIPTS The term ''gross receipts" is understood to mean all income collected or accrued, derived by the Lessee under the privileges granted by this Agreement or other document entered into with the City, excluding amounts of any Federal, State or City sales tax, or other tax, collected by the Lessee from customers and required by law to be remitted to the taxing authority. 9. AUDITING OF ACCOUNTS The Lessee shall, upon demand, make available locally, books of account and financial statements to authorized representatives of the Department of Internal Audit of the City of Miami. 10. COMPLIANCE WITH CITY, COUNTY, STATE AND FEDERAL LAW. The lessee shall comply with all rules, regulations and laws of the City of Miami, Dade County, the State of Florida, or the United States government now in force or hereafter to be adopted. 11. CERTIFICATES, LICENSES AND TAXES Thc' Lessee shall be required to obtain and pay for a City Certificate of Convenience and Necessity and all necessary licenses for his operation. He shall also be solely responsible for payment of any and all taxes levied on his operation, "SUPPORTIVE DOCUMENTS FOLLOW" -4. i2 , ttNSURA►VCE The Lessee shall carry and maintain in full force and effect, at all times during his operations on Lessor's property, insurance in the amount of $100,000/$300,000, bodily injury; and $50,000 property damage. Said insurance shall provide that the Lessor be given at least thirty days advance written notice of cancellation of said policy, The policy and the insurance carrier must be acceptable to the City Insurance Manager, and copy of the insurance policy shall be filed with the City Clerk of the City before the Lessee can open for business, 13, HOLD HARMLESS Lessee shall indemnify and save harmless the City against any and all claims, suits, actions, damages or causes of action arising during the tern of the Agreement for any personal injury, loss of life, or damage to property sustained in or on the operator's premises by reason of or as a result of operator's use, activities, and operations thereon; from and against any orders, judgments, or decrees which may be entered thereon; and from and against all costs., attorney's fees, expenses, and liabilities incurred in the defense of any such claim and the investigation thereof. 14. APPEARANCE OF PREMISES Lessee shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping services to properly maintain the premises. No signs or advertising shall be placed on the premises unless first approved by the City Manager or his authorized representative, in writing. There shall be no living quarters nor shall anyone be permitted to live or cook on the leased premises. Lessee shall make available all areas of the premises under his control for examination at any time by the City Manager or his authorized representative, "SUPPORTIVE The entire area will be policed foe litter daily. The grass and shrubbery along the shoreline will be cared for by the Lessee as need arises. Bushes and other types of shrubbery will be planted along the base of the trailer to beautify the area. Two concrete benches with awnings will be located in front of the building to enable people to sit while waiting or watching the jet skiers, 15. EMPLOYEE QUALIFICATIONS Lesse shall employ only people to work at this facility who are literate,neat, clean, well groomed and courteous. 16. SECURITY Lessee must provide any security measures which may be required to protect his leased area and his equipment, materials, and facilities. Said security measures may not violate other restrictions of this lease Agreement. 17. UTILITIES Lessee shall pay for all utilities. 18. TRASH, RUBBISH AND GARBAGE REMOVAL The Lessee shall provide at his expense all garbage, trash, and rubbish receptacles within the confines of the leased area, and shall provide a sufficient number of these receptacles for his own use and for the use of the public. Dumping of receptacles and removal of trash, rubbish, and garbage shall be the responsi- bility of the Lessee. 19. ASSIGNMENT OF LEASE The Lessee shall not, at any time during the tenure of the Agreement, sublet any part of his concession or assign any portion or part of the lease, except under and by virtue of permission granted by the City Commission through the proper officials. "SUPPORTIVE 20. DEFAULT In the event the Lessee fails to comply with the terms and conditions of this Agreement; or fails to perform the terms and conditions contained herein; or fails to comply with reasonable written directions of the City Mannger of the City pursuant to this Agreement; or is indicted for a felony, within thirty (30) days after written notice thereof is given to the Lessee, then the City, at: the City's sole option and without further notice or demand to the Lessee, may cancel and terminate this Agreement, and said Agreement shall be null and void and of no further force and effect, and the Lessee shall forthwith vacate the leased premises. 21 ATTORNEY'S FEES In the event it is deemed necessary by the Lessor to file a lawsuit in the appropriate court of law to enforce any of the terms and conditions of this Agreement, or to require the Lessee to perform any of the covenants or terms and conditions as provided herein, then the Lessee agrees that he shall pay to the Lessor reasonable attorneys' fees. 22. BINDING ON SUCCESSORS This Agreement shall be binding upon the Lessor and the Lessee, their successors and assigns, and they shall abide by each of the terms and conditions hereof. 23. ADDITIONAL TERMS AND CONDITIONS A. The specific types of boats to be acquired and rented by the Lessee shall be a matter for his own discretion, but it is important to note that waters along the shoreline in the pro- posed area of the concession are extremely shallow and the Lessor shall do no dredging to accommodate the provisions of this Agreement, nor shall the Lessor permit the Lessee to do any dredging; therefore, the Lessee agrees that only shallow draft boats are to be used in the performance of this Agreement, "SUPPORTIVE DOCU E\i ENTS FO L LOW" -7-- t. There shall be no onshore structures or facilities to be constructed by the Lessee. There shall be a floating dock located approximately 10 feet from the shoreline and connected to the shore by a portable (or removable) gangway or walkway. The main structure to be used as the rental office will be an air conditioned trailer. The trailer will be located 10 yards off the water high tide line, facing the lagoon, or West. The trailer will be housed under a chickee-type hut to enable the trailer to blend in with the natural surroundings of the beach area. There will be located in the rental office a fresh water drinking facility and an outdoor shower to allow the public to obtain fresh drinking water and to wash away sand. C. The Lessee shall drive no piles in connection with the operation of the hereinabove described facility. D. The Lessor agrees to provide some parking spaces to serve the facility. E. The Lessee agrees to initially provide a minimum of 5 rental jet ski craft. F. The Lessee agrees that he shall commence the operation of the hereinabove described facility within ninety (90) calendar days after execution of this Agreement. G. The Lessor will allow a proper identification sign at the entrance to the facility. H. The Lessee agrees that the hours of operation of the jet ski rental concession shall be limited to daylight hours. Facility shall be open and available to the public seven days a week "weather permitting." I. The Lessee shall extend the existing water line. J. Electric power will be provided by the Lessee. K. The Lessee shall provide temporary toilet facilities. I++ In the event the City Manager determines that the Marine Stadium is needed by the City for marina or other uses, this lease may be cancelled in its entirety upon 60 day written notice by the City Manager, "SUPPORTIVE a- DOCUMENTS FOLLOW" M. This Agreement: shall be construed by the patties as a license agreement, and Marine Stadium Water Sports Rental, Inc. hereby acquires no rights, title, or ownership to the herein described property except the privilege of use. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed in their names by their duly authorized officers, all as of the day and year first above written. Signed, sealed and delivered in the presence of: Attest: Attest: MARINE STADIUM WATER SPORTS RENTAL,INC. Secretary City Clerk Prep fd by , ------:,-T------- ,/ -, , � —t _:- i s t_ - :.- Marga'et A. Benton-' Assist n1 City Attorney By (Seal) THE CITY OF MIAMI, FLORIDA By AFPRfigei,l,XS TO FORM AND CORRECTNESS: : rPJ Kno:•4 Jr,, City At t orrwy.1.7 '^' t leOr e 7 , City Manager Resolution No, passed and adopted DOCU M ENT - 9 - FOLLOW" (Seal) ""V