HomeMy WebLinkAboutR-77-022628
kPC/rb
3/8/77
RESOLUTION to 77:226_
A RESOLUTION AUBM2Igl THE CITY MANAdEft
TO EXTEND THE AtTACH8b ttASE ACREEMENT
WITH THE MIAMI OUTBOARD CLUB FOR A ONE
YEAR TERM, EXPIftINd MARCH 12, 1978, bUkINd
WHICH TIME THE CITY WILL PREPARE AN OVERALL
DEVELOPMENT PLAN FOR THE EVENTUAL COMPLETE
DEVELOPMENT OP WATSON ISLAND.
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 13, 1977; and
WHEREAS, the City is in the process of preparing
an overall development plan for the future development of
Watson Island;
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, 1978, during which time the City will prepare an overall
development plan for the eventual complete development of Watson
Island.
PASSED AND ADOPTED this 16th day of March, 1977.
"Stir,r1."‘
6°Clit'‘j1.1377VE
FOL1,1111":i A ii‘q
CZer (f5(
LPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY;
ROBERT Ft CLARK ---
ASSISTANT CITY ATTORNEY
MAURICE 4 FERRE
MAURICE A. FERRE
M A Y O R
"DOCUMENT INDEX
ITEM NO,
91”
'1
AP,R5VED AS TO FORM AND CORRECTNESS;
erlw /
GEORGE' t CITY ORNEY
ITTcomidISSION
MEETING OF
MAR S 1977
fEsau 1 Um mg .1774244,
14464, •• • • • !...” • .1
'21ts t A0142tUltNT, made and entered into tht oth
day of June, 1157, by and between i u CITY or !liA.itI, a 4,tnnicipal
Corpo at1on or the. St5ta of P orida, herein tailed the titset='r, an
the' ”IAnt
A nonce?rof it torporation of the ►St` to
of P orida, heroin. called the Lessee:
tlq;ZAS, the Charter of the City of i.:ianl nUthori as a; ci
eft:powers the City of Miami to do i11 things whatsoever neeeseary or
expedient for premoting or maintaining the general »elfare of the
City of ': ami or its inhabitants, and
IVEREAB, such empowering provision of the Chanter authorize.
the City or ;Mani to establish small boat facilities, aad
VilEatAB, the City of <:iiani doss not now maintain adequate
small boat facilities in the central portion of the City of :ua=i
adjacent to Biscayne Bay, and
WFMEAS, the `aiA.;ii Outboard Club has since the year 19l.7
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 tns public as well, and
;Wa`:"r.EAS, the Miami Outboard Club since its occupancy of a
potion of Watson Island has:
1. Taught stall boating, water s'_citnz, fi shim;, navigation
regulations, water safety and other aliiod subjects to
its ^1o' bera, to the youth of the area and to t le public.
Established and maintained not only for itself but in
cooperation with the united Staten Coast Guard and the
City of Miami a Radio ?atrol Teal (being the first o:all
boat radio patrol teats in the Cation) hick re,e been c
service in times of emergency as well ns ':boating regatta,
all of which loss been or benefit to the general welfare
of the City of ttiam..arid its inhabitants.
Fstabiisbed and conducted boat regatta w'lich have brought
gY t
and will continue to bring international p47,14037 to
�••i ami,
itskp
VW
.t\COSS
Combatted, through its aot vitiee itt art arrirmaidffle
sinner, juvenile de/ifttoeftS1 in the City of Mimi.
Aided in providing tasilitits for small boating in
the City or `Mani.
Pioneered tail boating in the niat►i area and thte
Apioneering has aided in establishing a:ftall boating
at a tajor eceno.tic asset to the ;.tied areae
and
W,ERtAS, h3 Cl ty of considers the (above naz- bd
services to be ser.30es, of a public nature, quasi rtuni.cipal in
character, and
WHSREAS, the Mali Outboard Club has established itself
internationally as an asset to small boating and in so doing publicizes
the City of Miami, and
Wi RRA.S, the Cit7 of Miami desires to aid insofar as i9
possible the small boat Inductry of the City of Miami, and
1`+'R"LRZAB, the t i. ii Outboard Club has financed and built
ths 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 frc:^i the r. I. Board to Watson Island,
and
►+"ROTtAS,the greater interest os the nembere of said club
and the public generally will be butter served by the expen3icl of
the facilities of the 'iia i Outboard Club to Include s':.bbatantial
improvelents for the purposes herein ex?ressed, and will aid focus-
in3 the attention of the public ;enera117 and thl visitinz tourists
to the recreational facilities avalleble in the MIeral arse, by the
expansion of saki facilities by t'e.e '►iami Outboard Club, to i.ncltIda
suost entiaily expanded quarters for it3 t eo.'ae : , and
WHEREAS, AS, ths City of '•i.io reoo nizea that the :.i emi C' t-
board C1ta, in or eer to finance additional improvements note i to
"SUPPORTIVE
DQCWIENTS
C0?V
veil.
J 0 ? 'I
kg _ iuY n.:C
b . .. rt S •eWinnable tit i '?, Daly 1i i 3 �10 s
} { x Patti
sL u.�. �p �.a ��...('ii1 and to make ��: eta � � ��
A
rita*iba ' And to the public) :tu:tt h:_i- o A lone°, arrd
:r'i rN•A; ,i the Cite' of in its over all d3Voiop ito t plai
for the 'oort of :fi 'ri Goes riot for such p►:::rpo Sit :' esaiit 3 tesA vh
preftileee hor oih tars tt 9d:
yY
Ih n t, for and in consideration or the foregoing aad in
fu ' ,ne + consideration of tho covenants heroin contained and in cones
s iderat i on of said Club continuing the fuhstione it now' renders e.s
herein above noted in the prenable to this tease Aaroemont on the part
of tho Lessee to be kept and performed, the said ,35:401 does herobi
lease to the said T s3ee the following doscribed property:
Corarlence at a point shown as P.T. Sta. 47 * 15.95 on the
0FP ICIAt : A? 0; LOCATION AND SURVEY 0P A PORTION OF
SECTION 8706, DESIGNATED AS A PART OF STATE ROAD
Art -A IN DADS COU tT' s FLORIDA, as recorded in na7 Boo: 56
at rage 71 of the ?uo1'.c Records of Dade County, Florida,
said point being the point of tangency of the center lino
of the most southerly our of General Douglas acArt'r_ur
Causeway running nor thwestr a. dly from tho southeasterly
corner of Watson Island and having a radius of 1910.03
feet ,and a central ankle of 34°47 t15"; thence run north.
east.rardl;y along the radial ?ins of tho above *.enl:ioned
curve for a distance of 65.00 foot tr.1 ths poi:t•c t f be
Ginnin^ of the parcel of land hereinafter ter decc•ri.'.w.i;
thence run noruhwestward1y along the northerly right -of..
tray line of said General Doug/as :MacArthur Causeway, said
lire being the arc of a curve havin3 a radius of 1345.03
foot and a central angle of 23°05110", for a distance of
7i 7.05 feet to 'a point; thence deflecting to the right
91°25'55" from a line tan,-ent to the last mentioned
curve at this point, run northoest7ardly for a distance
of 549.54 feat, nora or less, to a point; thence deflect-
ing to the rizht 116°00:00u run south eactwardly for a
distance of 816.62 foet, more or 13 a3, to t'13 point o
br; inrtn , containing 4.77 acres, more or 'sea,
TO HAVE AVD TO HOLD the .,a. 3 for the term of Tvaat;f (20 )
ce:lanoin5 on the 13th day of !larch 1957, the sald Lessee nays;
years
therefor to the Losnor, ae rent, the sun of Q t3 ()1.00) per year.
And the said Lessee oovonanta wit;, t! e per f.d c 2or to io n
the rent A3 4140VO pravtded on the 13th day of ''arc' 1957; .tnd 0401
oulceedtng year Q4 t l t date for
"SUPPORTIVE
DOCU MiE', NTS
F4..„'" OW"
eaid tart of the lea o3 to ma"_40
11111111111111111111•1111MIMINNui
tic tftlawrul, lnprap4r or ()front
r,At b to assfi,,.; mWnt of this l.oa..o or 4o sublet any , rt or sftId
a ; t • written consent of the t 330r; to tnt1 9 r u_;c o said pro:Aooa
�Ylt:tiJ:lu the �,.. .. i ... ._..
promises/To n` other parpooe than the orformante ana activities
dir ectl j t n .'eetod with tIts Ot:':.8zz,,:tt CLfl, 1J Cat; ,n d to quit
and deliver up said preeeinee at the end of said torn in a 5ood cones
t1ttion 3 tie are - t the tiim of t-to execution hereof" (ordinary wear►
decay and do ago by the eyo,montus only ozcepted).
And tho said Lossoa hereby covenants and mass that, if
default shall be made in parent of the rent as aforesaid, or if
the said Lessee shall violate any of the cottenants of this Lease,
than said Lessee shall become tenant at sufferance, hereby ►taivi
all right of notice, and the Loseor shall be entitled inmed{atels_
to re enter and re-ta'.co pos: e'ision of the demised p eAt e;3.
7 fur n -r c ..,�' and r i ' • 1 a `{ y-
�,..v�t a. w t}....... �0s•-.•".:�ua�i .��. i�vl. � c'� Tia ��� ill tL..l .� .L.�~%
fully assented against said reel estate for the term of this Lease.
It is further understood and agreed by and between the
L zeor and the Lessee that t';e Lese e of the premises herein described
will hold end sat*a tie Lessor hats' ozs from an;; c1ai .a of damage a: icing
b7 reason of injury to persone and prcreerty incurred by t'..o Lcseee in
the use of the premises, and it is further an33retood and a;:r eed that
the Lessor 3sau' es no responsibility whatsoever for the injuries to
person:+ or property incurred by reason of the ope r:at{ ore carried on
by the Leeeee under the terms of this lease. rl.''L3 Les33ao1 shall file
with the f'ty Clark a public liability ins ux"ance policy 1:!lich will
protect t,!'ia City or f em any liebilit;; that may be Incurred by
anyone u2o3 the del i eed p 'eett^,;)e. Such po .ti`y ehal). provide for a
liability lity limit or account of each accident esa1tin3 in a boily
141jur7 of (loath_ to one pereeo of not les3 then Q100,Q .03, and a
j
E
rtip t`.I i
O ? •
ww ew wee ,war
FOLLOW
linbilit7 ilit on tiii ofaccountadetdarit rd8ultiftg it bod117 ift3ur7
br death to more than One per5Oft of net loss than !AoN000.00.
It it, further understood and acre a by aria betvlan the
Lessor and Lessee thqt this lose 15 sub3 ot to the pro7itiona of
tortain Soil Di6po5n1 taserAent batleen the City of ia.it and the
United States of A,!terica) dated tho 13th da:,I or Pobruaryb 1945o for
the dumpins Of Pill on the pro7orty desc ibad hereinabove and in
front or to property described hereinaboie, and that tl.la Lessee
rees not to interfere vith any operations by the Untted States of
America pursuant to the said Easett
It is further covenanted and asreed by and lot...73en the,
tessor and LOS339 that no structure or structures may be erected
upon the property set forth in the Lease unlosa the plans:
a. Be first submitted to the Director of th,
Departtn,nt of EngineerIng, and
be Be approved by the City nanager of tho City
of nitclt, Dade County, Florida,
It is further covenanted and azrood by and between the
Lossor and Lessee that tho Loosee shall not ens.a3a in the salo of
food: drink, alcoholic bo7ara::tas, or the sale of nay otaer marchandioe
to the public winout first obtsinin t vrittpn consent of tha Lossor.
It is furthor covsaaated and a.sread by and bstwean the Le33or
and Laoses that the Losaae azroes that it wIll pay al charges for gas:
electricity: or other illumim:ition, and for all wat3r used on the
preLlisea.
It 1c hereby uaderatood and acroed by and bat,geon tba LeeaOr
cknd LeJeaa thnt any 51E,ns OV cl,Ivert141Ing to be us3d in connection with
t premises leasad hareuaCer Waal). bo approv:ad by tha Ls''
baforo inatallation of sa:l.e.
It ip fit.' covon,..Attc3d and ad by Arld botwee4 th.a
"SUPPORTIVE
Doci rc\rfc3
vor.FO LOW"
c 0 7:
IN— el, WM "
1
Lasser nna te3see that thit tease, afta bit rtgato of the LeJ94
hM'Odtkar, halthe option bi the La,leor eoftse And tbrliridLo
upon aii tooete discontituing tho preeent 0-ration tifta U80 or ettJ
damieed promlooe#
It in further covenanued told azreed by and bettleen the Leator
and Leaaee that an7 and all Ltprovoments placed upon tho clad
pretilses shall become the property of tha City or 1ti a the torMina.,
tion of this lease.
It in further covenanted and agreed that this Lease nay ba
cancelled by the Leesee at any time.
It is further covenanted and agreed that the Lessor ma7 cancel
this Lease upon giving six (6) months notice, in writing, mailed, to the
Lessee upon the demised preminee the Lessor's intention to cancel this
Lease, provided, hover, the Lessor elan pay to the Lessee the ape
praised actual v-mue of the improvelants (,.7111ei ehall tal:e into consideia-
tion the unemortized life of the i=provements) Vnich the Loss3e has
placed upon the demised premisea, also depreciation, said appraised
actlaal value sinall bs obtained from qualified real estate appraisers,
the City of Yiig.ni to appoint ene and the Lessee to appoint a oLr and
tioai4 two apprainara to raider their report unless they are una'hlo to
agree, in which event, the tvo appointed appraisers shall select a third
qualified real estate appraiser and tho report of the three appraisers
shall bp bindinc; upoa the parties hereto. In thou/ant, said three ap-
praloare are unable to agree, tha Lessor and tho Lessee shall have t:
rii;ht to petition to Circuit Cos.rt to properly anoartn the appraised
w.c:0,131 valua. Snld pzvi-.1.,.nt of no actual value of t1 inprov.,mente, if
4137jhi11 h'. mee U3 of rotch tercanation of the lease and alljt be paid
vithin thirty (30) d yo of tile ensuing budzet year. Sala u?Prn tsors
f: and costa to be pa-T.4 ually by the Leeeer and Laa3”.
•
t r
A•
; *
COPY
IA* We ,fge
444
ifl 43ITlisSS =REV* the purties hereto hn.ve cauled their
relpeatitre tarasa to be out and their corporate teals to be
aM:ted hereto' this tho da7 and year first above written. Thia
aveement ohall hot go into otroct until tho partioa hereto co417
with tho terms and conditions sot forth by the Internal Itproveant
Board of tha Stata bf Florida; said ter= and conditions trelcoorded
in tho minutes of the Internal IcAprovement Board of the State of
Florida and ara recorded IA their minutes of the meotiag of rAY 23P
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 de7atsed land.
'Mt CITY OF MIAMI* FLORIDA' a
Municipal Corporation
By is/ t. A. tvans
City "'onager
ATTEST:/s/F. L. Correll
City Clerk
MIA1I OUTBOARD CLUB* IC., a non..
profit corporation of the State of
Florida.
By /s/Stoy W. Jones
President
ATTEST:hAl Watn-Ir
Secretary
A2MOVED AS TO FCRM
/0/jac% R.flice. Jr.
AnsistQnt Ctty Attorn3y
Th13 Laasa Azreeftent er..,cuted
Pl!roulnt to Essolutioa No. 23930
et.
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