HomeMy WebLinkAboutR-77-0293• MtA : bk
2/18/71
RESOLUTION No, 77-2B
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE THE SECOND
ADDENDUM TO THt LEASE AGREEMENT tETWEEN THE CITY
OP MIAMI AND GROVE KEY MARINA INC.(A COP Y OF
WHICH IS ATTACHED HERETO AS EXHIBIT "A") AUTHOR-
IZING AND APPRoV/NG THE SUBLEASE BETWEEN GROVE
Kt? MARINA INC8 AND SHIP'S STORE AND TACKLE INC,
(A COPY of WHICH IS ATTACHED HERtTO AS EXHIBIT
BE IT RESOLVED BY THE COMMISSION OP THE CITY or MIAMI, FLORIDA:
Section 1, The City Manager and the City Clerk be,
and they are hereby authorized and directed to execute the
Second Addendum to the Lease Agreement between the City of Miami
and Grove Key Marina Inc. (a copy of which is attached hereto
as Exhibit "A") authorizing and approving the Sublease between
Grove Key Marina Inc, and Ship's Store and Tackle Inc. (a copy
of which is attached hereto as Exhibit "B").
PASSED AND ADOPTED this 24TH day of MARrH , 1977,
-(
City Clerk
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
Assistant City Attorney
APP AS TO FORM AND CORRECTNESS:
GEORGE F KNOX, JR,
City At ney
MAIIIF0Ak PEPE
DOCUMEiT4-t
FOLLOW"
"DOCUMENT, INDEX
ITEM NO.
CITY COMMISSION
MEET1N OF
MAR '2 4 1977
REF.OLUTION NO. / / •-44.
"SUPPORTIVE
DOCUMENTS
L FOLLOW"
SECOND A%.u%: DU.1
TH IG ( 2:C a� 1 `! - -�. 'i TflE L _..a 3I iceE a:ENT )
11f.iU JY.Ln.`il� tSiJ:�L'iil)t,i'1 1� LL!'t.Jt'. At3Ct.itiL'C_ii
the City of Miami, a ..7,unicipal eo porat: ion of the Slate of
1 lorida (hereinafter called the "City") and drove hey Marl)1•1
Inc. , a lilo ida Corporation (hereinafter called the "Compan /' ) !
adds and amends certain provi:siolis to that Lease Agreement
U ) 7 t_ .1 e ) a 1. y p -- r•
i�ZaCC. and. CIlUGrCC. into between �.i.C, L.�)I't;1C;u On April 1, 19 / 6
(hereinafter the "Lease Agreement").
2 ,..-. �y
Y�1�,:..Zi;.tfJ, the Lease A�.:Yi.: l:: c1C I; i. 'providesfor .fiUb''.LOt. i:.i. n5
o . portions of the promises On 17 U 2Ort written autho i ratio
•granted by the Conlmi ;ion of t hL City of Miami; i; and
WHEREAS, previous .experience has .ihO n that the
Company's retail store known as the "Ship's Store" which
services marina patrons anti other boat owners in the Dinner
rie'_y area requires the Marketing oxpe tine and buying power•
of a :au1ti-uni.t retail operator in order to be S CCeSSfU ;•
NOW T! :ZEiO,`,.•;.'•, the p --ties agree as follows:
1. At3pro:1a1 of ;3iblea e
The Sublease between the Company and Ship's
Store and Tackle Inc., a lorida Corporation, dated the
day of
, 1977, a copy of which is attached
hereto, is hereby authorized and approved.
2. ConLliderntion
Paragraph 4 of the Lease Agreement providing,
inter alia, that the Company shall pay 10, 3€ of the gross sales
(said gross sales being defined in Paragraph 6 of the Lease
g ee ent) , shall not apply to the "Ship's Store" or to income
received by the Company from the .brie, S Store;, Instead, the
City shall receive 50 y of the total monthly sub -lease payment
or a minimum of $7a0, 00 pox month, as provided by paragraph
3 of the Sublease, until termination of the Sublease, In
"C c lt7 on, the City shall receive the i z1 by which 3% Of 'gross
salts exceeds the total, n inifl UP1 annual rant,, tp be paid on the
15th day Qr the Month following the completion SQL
each twolVo
ft
f
ly ,ax .‘epor,
InCAidto the sales that t00% plac'! duz'inq that: inriLh#
in ozaoe for the City to aeteemine 'the 'j3 t(D.2" •
C.510.3L; saleS. All payinents CU o the City in the
anci -?...Itsuant to thi.:7; Su.:)leso shall be inclu,icti
pal:t of the Company's minimum annual rent a8 Set forth in
I'ax'agraph 4 of the Lease Ac.s cemen(.
IN WITNESS•WNEROF, the parties hereto haVt indivi6ually
rd•trough their proper corporate oficials execatc(1
ee=dAadenaum this
ATT.ZST:
Cy CIr
(Seal)
ATT.:1,ST;
ecretar7
(,:>ea 1)
i:y o2 , 1577.
'2111 CIT? OF ;,11.=:,
Cor.)otion of the State of Floicle. •
City ;lanager
GGV Y,Aai:;A, INC., a rioric;a
Corporation
BY:
Prosicient
%.'ho cop(
o Store" L,c..)nthl
which :ialdiCate thc2 Oaleo that t00% place 6uring that ii1,7)nth#
•in'order for the city tO duterine the "Ship's Storo annual
groso oale8, All paynlents inadu to the City in the al?)Ve
.flrt2r LtaL., paLouant to this Su:).1caso shall be inciutied
part of the Company's minimum annual tent as set forth in
Paragraph 4 of the Lease Agreement,
IN WITNESS WHER0F, the parties hereto have individually
was through their proper cor:porate
Second AI ncui this
(Seal)
1 .
offiCials
executed thih
day of , 1977.
•.TiIi Citi! OF a. Muhicp:Al .
Corporation of the State of Florida'
Cit.!? ,::anager
GROVE NEY MARINA, INC., a FiorlL:a
Corporation
ATTZST: DY:
-Secrouary
(Seal)
Presiaent
fAtv
CD
THIS SUBLEASE E =NT between
t ;'E * M ..:
1,IT� �uf3Lc:,Il5r, t1GI3t.,i�r,�,,, � 1?�..t:Wec�.ti Gi�OJ`V i,nS , �e�i2.i...t►
a Florida corporation of 3385 Pan American DriVa, ,`' ialni, Florida,
(hereinafter "Sublessor") and StIIP' S STORE AND TACICtJ1- INC.,
I'iarida Corporation of
(hereinafter "Sublessee") this day of
1977:
WHEREAS Sublessor has a marina operation located at
Dinner i<ey in Miami in an area where there are a large number
of boats that require marine hardware and supplies, and
WHEREAS Sublessee has considerable expertise in the
operation of a marine retail store
NOW THEREFORE,
„'� t. follows:
s :
l�O/, lljl:al\L 1'0.ei., the parties t.�J agree as lol101'fJ
1. Promise's to be subleased: Sublessor does hereby
leas: to Sublessee and Sublessee does hereby hire from
the
Sublessor approximately 3,000 square feet to be designated by
Sublessor, in the South Hanger, and known as the "Ship's Store",
said Ship's Store being within the property leased by the
Sublessor from the City of Miami, being a part of the property
known as Dinner Xey according to the Plat thereof:, as recorded
in Plat Book 34 at Page 2 of the Public Records of Dade County,
Florida.
2. Term: The term of this lease shall be for a four
year period beginning on the day the Ship's Store commences
business. This lease may be renewed, at the option of Sublessor,
for four year periods upon the terms and conditions hereina..ter
set forth.
3. Rent: Minimum yearly rent shall be $18,000.00 or
of gross sales, whichever is greater, payable as follows:
(a) $750,00 per month, payable on the 1st day of
eEch month to Sublessor, and
(b) $750.00 per month, payable on the 1st day of
each month to the City of Miami and:
(c) The sum by which 3% of gross `;ales exceeds the
minium rent, such excess being payable= to the City of Miami
i i is fr
s ..
.ttt
t a ia`ait'`v�a.
\u) UponUponeachtiL UC 1.ai:: S•d:) .hli
► he option osk: i.il( l'o a;i ing the mi.ia'.i.i,.uii rea is
to tia.v i]iiUlt_'risoL i_u`1i to the City Ui. i'llt'.liil by an :.iiitount 11'J!. i
exceed the iiii iacaC;e, 1;: any, in ttie cU:it Oi iiv:tnrj lot i:il!
cedi;av four-year period b.a:iud upon the :tevise i Col"t rume t re
in:o'x rot Urban W- e i.Clrr ei i ;old Clerical i oricers - U.S. C', i tie:;
VIVO aa`1e "
All Item:; (196-100j11 (hereinafter called the
• i
publi:;hod by
lall.il3:'�
r .a..
he Bureau of Labor Statistics of the United .lates
• ait`!paa.tMent of Labor, its adjustn.cnt'shall be cO%putcd its
—1 1 io'w'S i
1. The lnde:t a1umbea. indicated in ene coli_sl.: ,or U..l
V.,7 "All It_'iii'
itia�s entitledt511 the te ; o.ith that.. is two ;i:ont.ih'.
prior to the month that this Sublease is eecuteia SI "ill i)l t:ae
"Base 1.iaaCa a`l1, Der11 and the 'Index number for the co rt:aprJi;.di.al3
a..li — La♦ ..our yea.lrs
^'r l C i
Jii aill betheIll. "Cu--'en- 1'I"iGe Au perl .
ii. ahu. Current index Number shall be divided by.
the: uaasc I dek Number" and the quotient thereof shall be ;•;.ulti" •
plied. by ' 3,000.0i0 and .the. resulting amount shall e the mini.:.uin
yearly. rent for t h 7 succeeding four-year period payable 507, to
Sublessor and 50% to the City. of Miami in equal monthly paym nts.
r st 1 repeated index
It
lilt: :;..:C procedure •,11aii.. be r�.l)iilti_C. •uS1.21� the "Current
Number" then in effect at the time to determine the tinimu., yearly.
rent for any succeeding; renewal period for the tern of i ;ii s lease.
4. Gross Sales: he term. "Gross Sales" as used heroin
shall 'be considered syno:aonlous and interchangeable with the temp
"Gross Receipts" •and shall be const, ued•to include all ri;onies
• paid or payable to the Sublessee arising out of or in•connection
t4 th the Sublessee's use of the subleased premises whether -or
not collected, •including any and all sales made on said premises,
all retail ns d wholesale Sales, provided however, that airy to xes
iI j90 ed by law which life separate, stated to •aind• paid by till'
a 'payableh e to ;in * authority ty by
j)4+ar1:.,..I.1 and are c,lX�.:�.L'�.�/ to �,� � 1 ,�
the Sublessor shall be excluded iron} Gross Sales,
(2)
c
LLI
0 u
CP
Sublessee shall submit to Sub essor copies o;' �:_•i'�:i'i
sales tax reports to the State or Florida, Department of i• t/ nuc
on or before the fifteenth clay of each month,
5. Use: Sublessee shall use the premises only for the
purpoL of the operation of a marine retail store, selling
marine hardware accessories, supplies and related items.
b. iIiC S Ltl_l.l *"..l.C.� :Sublessee will pay for all
expenses of setting up the Ship's Store. All fixtures and all
permanent improvements made to the premix es shall become the
property of the Sublessor and be surrendered upon termination of
this Sublease.
Sublessee will pay for all utilities consumed by its
operation. Sublessee shall have a separate electric meter.
Sublessor will provide waste pick-up from the premises.
7. Sunolicrs 1 ticci"iuntS.
All accounts with suppliers for
the Ship's Store ::hall be in the name of the Sublessee only,
and all su;ipliers shall be informed that the Sublessor has no
liability or financial responsibility for any purchases made by
Sublessee. :�- gJsel,.,. Accounts shall be maintained only in the name of
✓..Ii s STORE & aA.C;'.L.:. INC. and there shall be no account: with
suppers ~ •�'. s i 1 .. " ? � E . r 11
�:�:•..hich u�� t_.hir na:•,e Gi.OV,� iCx in any way.
8. City of :.ici i Lease: Sublessee is aware of the terms
of the Lease between Sublessor and the City of Miami dated April
1, 1976 and Addendum to Lease dated January 31, 1977 and agrees
to abide by ti c. terms of ,Said Lease as they apply to the operation,
of the subleased premises. The records of the Sublessee shall
be available for audit by the City of Miami and in the event that
there is a violation by Sublessee of any of the terms of that April
1, 1976 Lease and Addendum dated January 31, 1977, such violation shal
also consitute a breach of this Sublease.
9. Indemnification; Insurance; Sublessee shall indemnify
and hol.d sublessor and the City of Miami harmless from any and
11l liability for personal injury or propor ,;y Oamage ref,5ulting
from rJ c ,c,ubles eo's uae of the premises or for any act or omission
on t:. o p4rt of the -err, , its employees or acjent s, ,Sublessor
.�1�.)ll.a.aolr' -
al i carry at £t i own expense public liability ity including Products'
Liabi1iJy• iil:-iLlrililci? With of. ii.rt)il;.ty not less i��•li1
•r' 50t 000 tier person, $ i., t)t)Q, Ci 1 t) pr
lii'�-ii.:e'itl., ilii(.i•$50,3CiO
11,-li;lc'Ige :,Ui).L+.;: 3Or ll:ice. t:jati City o .,.:.i::il she.
be dC.':;:iejilclted as Co—insured or. the :-oreejoiilrj policies and
the 'puhllo :: ee shall provide certificates of to l.113U ,. i_ililCC_ to
St:olo o and to Lhe City (-J
10. t: ici iC it+ion j Coii;_ .o;. i liiia Jui}r.l.)dilo
1
not be ass::l ncd Without the written conent or
'ii.. n::ifeI: of d majority . t tyr - .• h-Corporation
jo:l' :. t. J o:: ::�ili.Zrl_r� V the Sublessee. .�.�Ct.
to is VOA:iiiq trust or in favor: of ii third person or. sons ioL3o
t
shall constitute an ii:.lsJ_�nmeni: of thi.:,
1.1.•• i'. *ll r..t J..• iia i ..r Si_.1J,t e contains t..: entire In t+i.. r.. "'e
�..,
Y.:i �. 1. t:.l,:t,i l: between ill.. `?... zr. ,; �. .c :- �-
.. t,..i t_ .r and. : l'... is' i J �. i l l+ .a. l l 1 li L� V it t.. l C' �. i. C l.::.� j,J C t'
:t . e heirs, successors i11:1. it :..r: a. Cj ii;i This alb,. 'eii.`ei1 .. may ii Cl t. be
,•.od........t,:i,i l,.. ep t. in writing. Si(jne._. by both ;?d tics hereto
12. c i+yes t Ali notices shall be i`i writing. 1 - 4J_li) and snail
e Sufficient if l:;ci.l.l is to the last known address of the notified.
by c;tom♦'. t if ii,ia 1::...,y .l_, aY. :_ ti. ti rii r ect i j"ft requested or by s1tii c .
•
v ;.y t o•+.1_ - -� s
�..G .:-.i. � t,.. +.s � t.•1t_ subleased i.�t li premises.
..r l..O
r. :.i•,.ii.i.11t:: If 'nc: :ai.al not pay the rent
l t....l•i tee.:n a.0) d .y J after sal:ie. comes due in the ♦ a Winer stated
to either the Sublessor or to the City of Miami, or shall fail •
to keep and perform any other required condition, stipulation
or ac;rec:.ur.t herein conc:aincc, or if the Sublessee shall suffer
;.t7 be filed i1claLLIl:'it. it .an involuntary petition in bankruptcy or
'.;i .1l he adjudged judged voluntary or involuntary bankrupt or make an
a.i:;icj'.::;cnt for the benefit of creditors or there hall be
aAppoi:n'teU a receiver to tako daree of the premises in either-
1s:4State Courts or the I Ccte ill Courts, thQn, in any of a l Cin
events, the Sublessor may at Sublt.::,so 's option, terminate
this l.Li.a..iala rt- nt4.the property. Sublessor
aIeSSOr may either
re —let the pre-Al:a:3U'S or behalf.of.the Sublessee and hold
Sublessee •
r4:;r.U;ls. ....lc for any lO;aii of rents incurred
ncurre d as a reStat, Or
t.r tt ,
Le Y...i;... 11i-ii • r'
,. ... i,1 t. 1. L :511!)�.t.'.3 ,., 1.', 1..L' being is lJ 1. l;:'L 4 that ub l%'-ssQr entitled
to .I 514;11 c::c ua1 to l•.k ;1Olnt115 agreed upon and liciVa4atcd
damages for 4 lOsP aif rgaain Ana not as is enal4:y. It. iS r.tii.ttl• a•
(4)
Ua
L
0
rct—
agreed that in the cVcnt of tt'.riltin.ttion of this Sl.ii)it',t;_''-7'
this paragraph Sublessor shall be entitled to rent ar't:r tr'Ti"liter
ation for such period of time as may be required to deternine
tights of creditors to the contents of the premises, in addition
t0 the agreed upon and liquidated damages pt:oVidcc herein.
In re-entering the premises by reason of default, Sublessor
1 1. ' ,� s.,ss i 7 �r i
shall I�t:'. entitled �O Lurie possession of tilt. contents of tilt/
Ship's Store and to cat :;o such contents to be remoVed from
the promises and/or stored elsewhere, at Sublessee's expense,
hereunderr n
until such time as the liquidatedliquidateddamages provided
are Laid.
Suble
ssee hereby
or ogler notice
waives any and all notice of default
required by l for ids Statute C,'tu3.20.
Sublessee agrees to pay the costs of collection and
reasonable attorneys' fee, including appellate attorneys'
fees, in connection with any default by the Sublessee under
the ZorM3 of this lease.
14. Stinlc..s: or Default: In the event of bankruptcy
or default of Sublessor under t o terms of the underlying
lease, Sublessee shall be in direct privity with the City of
Miami and shall be entitles: to make all payments, including
those previously Made to Sublessor, directly to the City of
Miami
15. Taxes: Sublessee shall pay any and all taxes
at.tributubl.e to the Silip's Store, including but not limited
to ad valorem tares on personal and real property, sales taxes
on the
Unles
rent, but not including taxes based on Sublessor income.
16. Approval of Cit _ of Miami; This Sublease is void
consented to and accepted by virtue of written author i-
granted by the commission of the City of Miami.
17.
% c,: lo.'J1uc es
ACk.nowledre;.er.t of '.O.va, cc-i Rental; Sublessor
receipt of that portion of the last two ;a0i-It 3 in
the. total amount
of $1, BOG. GO.
13. Surrondor of Pc ,:iisf. a; At the termihatiOf Of this
i tea- . '� ' V su "eAdi: the premises to
.tUa�eA:it3,, Sii}J�.`.ai:4� ..�..•11�. }�L.1+.1,.�G�f# �� t �
SublesSor
in
Subc:i'et aliy t fit:: Haivca condition 45 pr5.1,mtly
sson l ,_13 41, r a d to g
IN ;IT 'LSo WI'1; lit'.O1 f the parties have hereunto ui:_t
their hands and seal on the date and year irst auo e written,
CORPORATE SEAL G;;OV , NE*/ Y,ARINA INC,
Sublessor
ATTEST:
iSY
Secretary President
CORPORATE SEAL SHIP 1 S STORE AND TACT L2 ► INC.
Sublessee
ATTEST: EY
Secretary President
t
1 t