HomeMy WebLinkAboutR-77-057028
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7/11/77
RESOLUTION NO. 77_57G
A RESOLUTION AUTUORIZ.ING..AND DIRECTING THE
CITY' MANAGER TO ENTER INTO A LEASE AGREEMENT'. WITH
THE MIAMI ROWING CLUB; ...INC.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached lease agreement between the City of Miami
and the Miami Rowing Club, Inc.. the lease agreement providing
for a twenty-year term and conditions as set forth therein.
PASSED AND ADOPTED this 14 day of JULY , 1977.
MAURIE A. FERRE
MAURICEA. FERRE
MAYO R
ATTEST:
0 GIE
ITY CLERK
PREPARED AND APPROVED BY:
N4AANDEit C444
ASSISTANT CITY ATTORNEY
OV'D AS TO FORM AND CORRECTNESS:
ORGE NOX, JR.
CITY ORNEY
-
CITY COMMISSION
MEEtING OF
JUL 1 4 1977
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.'City Manage:
bAtt
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minio Negot .ated Leash Mia ti 1bw1ri
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Club
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Gerard i rf itiAii ES:
Leate ; egotiato (I) Lease A i^eornerit
tt,Losuprs, (2) braft Fesblit ion
.„ �.,._ , 3): F,:hibi.ts A__& a;
: Attached is' the negotiated lease as authoried, by. Niotiori
tvos 7 ,� dated :April 1 l 197IJ for 'the location , of .a :.
t'aciiit 'for the : iatni por ing Club to be located at, the
:iaiti Marine Stadium; as 5hi?i n yin .attached E h bits A $,
his Pease 3 . if approved, tdli.' be executed. by the. bii^ector ..
of the Mamiotng C'lu 5 Inc , , a nonpo it Florida
ccrpor ation
Enc1 sed :also is 'a draft resolution authoriwit;,g the City
nanager to ekecute the -agreement she,Lease under; the
terms. acid conditions, provides„ for all costs ,and' liability
to,be assumed by:'the Club,,with the: City having, the right
t
to cancel �:ith sih months- no-ticepaying' any tiiaartised
i2U�;uear term) actual costs of the improverrFerts which the`
Cit shall initially► approve: fiental as directed` by the
City Cowzission .i's one dollar a year.
It is requested that the resolution be placed on the.
July 1 4, 1977 agenda,
GJZ:cb-
7Z 1740
day Of
LEASE ArREEMENT
THIS LEASE AGREEMENT made and entered into this .._ ......T .._
1977, by and between THE CITY OF MIAMI, a
thUhicipal corporation of the State of Florida (hereinafter called
the "LESSOR"), and MIAMI ROWING CLUB, INC. (hereinafter called
the "LESSEE")
WHEREAS, the Charter of the City of Miami authorizes and
empowers the City of Miattii to do all things whatsoever necessary
or ekpedient for promoting or maintaining the general welfare of
the City of Miami or its inhabitants, and
WHEREAS, such empowering provision of the Chartet. authorizes
the City of Miami to establish boating facilities, and
WHEREAS, the Miami Rowing Club is interested in locating
a facility on a portion of the Miami Marine Stadium property for
storing of their hulls and holding rowing competition, such facilities
will be used by not only the members of the Club but the public as
well, and
WHEREAS, the Miami Rowing Club since its organization has:
1. Trained over 120 boys and young men in the sport of
rowing. The program is free to all under 21 years of
age and it has included a cross section of the community.
Has through the sport of rowing emphasized water safety
while instilling in young men determination, discipline,
constructive competitiveness in an environment that
fosters stamina and strength.
. Competed throughout the Eastern United States and Mexico
as the representative rowing team from "Miami". Will
compete in Canada and is optimistic that the Miami
Marine Stadium will enhance efforts to expand invitations
to more Latine American crews.
4. Pioneered competitive rowing in the Miami area, and
WHEREAS, the City of Miami considers the above named services
to "be services of a public nature, quasi municipal in character, and
WHEREAS, the Miami Rowing Club has established itself inter-
nationally as an asset to rowing and in so doing publicizes the City
of'Miarnt, and
WHEREAS, the City of Miami desires to aid insofar as is
possible the rowing interest: and industry of the City of Miami, and
Wt Et3 A) the tiara : to irg e1ht3 a , t i d
the Paailitle' it wii . use .6h a Doit ofi tip` the 14e.Itt 'urine gta iu t
property, and.
ViliE EAS, the greater interest of the ne iberS of said : 6iub`
and the publio generally mill be better served by 'thy r�icatiii
and construction of tie facilities 'of -the. 1,13.ati ,ot•ting Club for the
purposes herein- expressed' and will aid focusi:ig the attention of
the public generally and the `i iting rotting cltzbs on the recreational.
facilities 'available_ in the . Mimi area, -and
--. . W41-18 City
f ..;, r nite, ►% that the
iai at i l,o ti�n
SEAS, the o� �•;iam� . eco�"' � "
Club, in order. to finance and construct impro`Cements necessar t. to its
operation and to its members ,'and to the public, r~ast a lease,and
:WHEREAS e the City of Miami- in .its bt er- tie•: ems.. invent plan
fCr the Miami Marine ,Stadium does not for such rurres9S r"�Setly ,need
the premises herein' -demised
W I ,T E S S; E
1. PRE!1 SES TO ` BE ^LEASED
the, mutual co enar .is. hereinafter
For ..and in consiaerat.a �on of
set forth, the LESSOR does hereby lease to the LESS E t
o.re
described on the attached legal description and as depicter as
Parcel Number 3 on the attached Exhibits A & B.
- 2. ll'ERM'OF LEASE AGREEMENT
'The term of this: lease shall be tti•:enty years' beginning on —
the day of , 1977and endingon the
day Of: , 1978 :
3. ,USE OF PROPERTY
The LESSEE': agrees that the property herein leased shall be
Uted for the storage of rowing hulls, and for activities limited
to rowing practice by olub members and for no other purpose, The
LESSEE agrees that no structure or structures may be erected upon
the demised premises unless the plans, including the selected
construction bid and projected cost structure:
1, Be first submitted to the Director of the Euilding
Department, and
2, $e approved by the City Manager of the City
Miami, Dade County, Florida.
Upon completion of construction, the paid invoices,
receipts and other such documents shall be submitted to the City
Manager and shall be incorporated herein and attached hereto. The
LESSEE shall not engage in the sale of food, drink, alcoholic
beverages, or the sale of any other merchandise to the public with-
out first obtaining the written consent of the LESSOR.
4. CONSIDERATION
The LESSEE does hereby covenant and agree to. pay to
LESSOR, as rental for the use and occupancy of the leased premises
throughout the period of this Lease Agreement, the sum of One Dollar
($1.00) per year in advance, beginning on the day of
, 1977, and on the first of each and every year there-
after for the period of time the LESSEE occupies the demised premises.
5. INSURANCE
The LESSEE shall obtain at his sole cost and expense
insurance for Public Liability in the amount of not less than One
Million Dollars Bodily Injury per occurrence, and Fifty Thousand
Dollars Property Damage per occurrence. Said insurance policy shall
name the LESSOR as an Additional Insured and shall provide a thirty
(30) day period of notice to LESSOR in event of cancellation.
Insurance required shall be issued by a company authorized to do
business in the State of Florida with the following qualifications
as to management and financial strength: The company must have a
rating no less than "A" as to management, and no less than "Class X"
as to strength, in accordance with the latest edition of A, M,
I3est's Key Rating Guide,
the policy of insurance ag rt diced herein, sh .i, btfn
thigH Lease Agreement becomes effective, be approved by the City
Pra'perty Manager in t4riting, The pity Property Manager shah have
the specific tight to reject any insurance that has been provided
by the LESSEE to the LESSbtt.
6, INOtt.IMFICATIoN c51'_ _.Tt .. L .5SbR _ BY TES. LESS
The LESSEE covenants acid agrees that it shah indemnify,
hold harmless, and defend the LESSON from and against any and -all
Claims, suits, actions, damages or causes of action arising during.
the term of the Lease Agreement for any Personal Injury, Loss of
,Life, or Damage to Property sustained in or about the leased -
premises, by reason of or as a result of the LESSEE'S occupancy
--thereof, and from and against any orders, judgments or decrees
which may be entered thereon, and from and against all costs,
'attorneys fees, expenses and liabilities incurred in and about.the
defense of any such claim and the investigation thereof.
7. LICENSES
The LESSEE shall obtain and pay for all licenses and'
for theoperation ofthe leased premises, if applicable.
8. DAMAGES OR LOSS TO LESSEE'S PROPERTY
The LESSEE releases the LESSOR from any and all liability,
cost or expense for damage, or loss to the LESSEE'S property for
cause whatsoever. .Fencing around the premises and security are
sole responsibility of the LESSEE.
9. UTILITIES
The Company shall pay for all utilities consumed on the
premises as, well as connection and installation
waste collection fees, if any.
10, MAINTENANCE OF LEASED PREMISES
The LESSEE covenants and agrees that it shall, at its own
cost and expense, maintain the leased premises
in good and operable'
condition during the continuation of the term of this Lease, and
will, keep the leased premises in a condition of proper cleanliness,
orderliness and state of attractive appearance at all times, If the
leased premises are not kept clean and attractive in appearance or
prt,ptr state of tepair, at the option of the LESSOR, or his
t eSig fated agent, the LESSEE shall be so advised, and, failing
eerrection by the LESSEE within seven (7) days time, the LESSOR
Dr his designated representative May cause the leased premises to
be cleaned and/or repaired at the LESSEE'S Cost and expense, and
the LESSEE shall reimburse the LESSOR within thirty (30) days
from the notice to the LESSEE, for said costs and charges,
11, ASSIGNMENT AND SUBLETTING OR PREMISES
The LESSEE shall not at any time during the term of this
Lease Agreement sublet any part of the premises, or assign this
Lease Agreement or any portion or part thereof, except and by
:virtue of written authorization granted by the City
LESSOR.
12. EXAMINATION OF PREMISES
The LESSEE agrees to permit the LESSOR'S City Manager or
any designated personnel, to enter upon the leased premises at any
time for any purpose the LESSOR deems necessary to, incidental to
or connected with the performance of the LESSOR'S duties and obliga-
tions hereunder or in the exercise of its rights or functions.
13. ADVERTISING
Manager of the'
The LESSEE shall not permit any, signs or advertising.
matter, to be placed on any portion
of the leased premises except
with the written approval of the City Manager of the, LESSOR.
14. RULES AND REGULATIONS
The LESSEE agrees that it will abide by any and all rules'
and regulations pertaining to the use of the leased premises which
are
now in effect, or which may at any time during the term of this
Lease Agreement be promulgated.
15. TERMINATION
The LESSEE agrees that it will., perform and abide by all
the terms and covenants of this Lease Agreement. In the event of any
breach of any such term or covenant the LESSOR may terminate this
Lease Agreement upon 30 days notice to the LESSEE,
Any and all improvements placed upon the demised premises`.
shall become the property of the City of Miami at the termination
of this lease,
'hie lease may be terminated by the LESSEE at any time,
The LESSOR May tertiinate this leaae for any reason upon
.giving aim (6) honths notice, in writing, of the LESSOR'S intentioti
to oencel this lease, provided, however,'the LESSOR shall pay to
the LESSEE the actual cost of the improvements (as evidenced by
the documents included in this lease pursuant to Section 3) which
will take into consideration the unatnortized life of the improve-
orients based on a twenty (20) year straight line depreciation
schedule, Payment of the depreciated actual cost of the improve,-
tnents, if any, shall be trade as of such cancellation of the'lease
and mast be paid within thirty (30) days of the
16, NOTICE
Notice from LESSOR to LESSEE shall be deemed duly served.
if mailed by registered or certified mail to LESSEE to Miami Rowing
ensuing budget year.
Club, Inc., P. 0. Box 3061, A.M.F., Miami, Florida 33159; and notices
from LESSEE to LESSOR shall be deemed duly served if mailed by
registered or certified mail addressed to the City Manager, City of
Miami, P. 0. Box 330708, Miami, Florida 33133; or to such other
respective persons or addresses as the LESSOR or LESSEE may hereafter.
designate to each other by notice in the foregoing manner from time
to time.
17.. SURRENDER OF PREMISES
Upon termination of this Lease Agreement by lapse of time
or otherwise, the LESSEE will promptly and peacefully surrender and
deliver possession to the LESSOR of the premises to which this Lease
Agreement is applicable, in accordance with the covenants herein
contained.
18, NON-DISCRIMINATION
The LESSEE agrees that there shall be no discrimination
as to race, color, creed, sex or national origin, in regard to
LESSEE'S occupation and use of the demised premises,
19, CAPTIONS
The Captions contained in this Lease Agreement
the
are inserted
oti y cis a matter of convenience and for 'reference and in no way
.define, limit or prescribe the scope of this Lease Agreement Or the
intent of any of the provisions thereof,
IN. WtTNRSS t+ REO1:1- the paL'ti,op ''he
trough'their.
pro a 1,6a A to ent hb
� y and .year frat above w`itten'►
tHE CIT b :, IAMt 3 'oRttiA
tt� eiibeaio a the
Mate o rlotit a
ATTEST:
ATTEST:
City.. Clerk
Secretary
PREPARED AND APPROVED BY:
•
\ tf�.-
4
JUtDITH.BOLLANDER
Assistant City Attorney
By_
City Manager
MIAMI 1?OWING CLUB, INC
By
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F KNOX, JR.
:City Attorney'
President
Lt At DtWaPTION
Mgt AR A_N B
Commence at the southeast corner of Section 17, Totonthip 54 South,
Range 42 East; thence along the south line of said Section 17
N 89° 56' 49.5" W 2,649.84 feet to its intersection with the center
line of Rickenbacker Causeway, as shown on "THE METROPOLITAN DADE
COUNTY BULKHEAD LINE", according to the plat thereof, as recorded
in Plat Book 74, at Page 9, Sheet No. 2, of the Public Records of
Dade County, Plorida; thence along said center line N 45° 22' 07" W
4,065.0 feet to its intersection with the center line of the access
-'road to the "Rusty Pelican Restaurant"; thence along said center
line N 44° 37 53" E 350.00 feet to the beginning of a curve concave
to the west having a radius of 270.00 feet; thence northeasterly,
northerly and northwesterly 349.16 feet along said curve through a
central angle of 740 05' 36"; thence N 44° 37' 53" E 31.07 feet to
the Point of Beginning of the hereinafter described Parcel No. 3,
said Point of Beginning being on a curve concave to the southwest,
concentric to the last mentioned curve and having a radius of 300.00
feet (to which Point of Beginning a radial bears N 58° 54' 42" E);
thence northwesterly 74.77 feet along said curve through a central
angle of 14° 16' 49" to a point of tangency; thence N 45° 22' 07" W
'54.03 feet to the beginning of a curve concave to the northeast
having a radius of 340.00 feet; thence along said curve northwesterly
Page 1 "'of 2
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Beer/n.95 refer /o The Metro/W/1m
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