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HomeMy WebLinkAboutR-76-0307RFC/rb 3/17/76 RESOLUTION NO. ?6-307 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AMENDED LEASE AGREEMENT FOR THE SMALL BOAT SERVICE WATER- FRONT FACILITIES AT DINNER KEY WITH GROVE KEY MARINA, INC,, FOR THE EIGHT -YEAR PERIOD BEGINNING JULY 1, 1976 AND TERMINATING JUNE 30, 1984. WHEREAS, the City Commission adopted Resolution No. 72-136 awarding the Lease of the Waterfront Facility to Grove Key Marina, Inc., and authorizing the City Manager to execute the Lease Agreement; and WHEREAS, on January 8, 1976, Grove Key Marina, Inc. made a presentation before the Commission requesting an exten- sion of its Lease with the City executed March 30, 1973; and WHEREAS, on February 10, 1976, the Commission adopted Motion 76-185 authorizing the City Manager to negotiate an extension of the existing Lease with Grove Key Marina, Inc., "DOCU.MEN INDEX until June 30, 1984;.and )17 WHEREAS, Grove Key Marina, Inc.'s proposal provides that, at its sole cost and expense, it will provide additional rack storage for a minimum of 100 boats; further it will pro- vide for the construction of a dock office immediately adjacent to the waterfront and remove the existing structure on the leased premises known as Captain Dick's Bait and Tackle, as well as provide the service currently provided by Captain Dick's Bait and Tackle in a new structure; and WHEREAS, said improvements to the leased premises shall be available to the boating public and will provide amenities that shall he available to the non -boating public; and WHEREAS, Grove Key Marina, Inc, agree dTMABON I SIGN M ETfNG OF MAR25 RESQUITIOd 4°4.9417 improvements and adjustments compatible with the Dinner Key Master Plan, more particularly described and identified as that certain Planning Study and Report on Land and Water Use bevelopment for the City of Miami by Russell -Melton Associates, Architects = Planning Consultants, dated June, 1972, as approved by the City Commission under Resolution No. 72-540 adopted September 15, 1972. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized and directed to execute an Amended Lease Agreement with Grove Key Marina, Inc. for an eight -year period, beginning July 1, 1976, and terminating June 30, 1984, for the small boat service waterfront facilities at Dinner Key, under the terms and conditions as contained in the attached copy of the said Amended Agreement. PASSED AND ADOPTED this 25 day of MARCH 1976. MAURICE Al FERRE (.2/ H. D . SOUTHERN CITY CLERK PREPARED AND APPROVED BY: , ROBERT F. CLARK Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: iJOHN S, LLOYD City Attorney MAYOR "SUPPORTIVE DOCUMENTS FOLLOW" ,2424.76 LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this day of , 1976, by and between THE CITY OF MIAMI, a municipal corporation of the State of Florida, as Lessor, hereinafter called the City, and GROVE KEY MARINA, INC., a Florida corporation, as Lessee, hereinafter called the Company. WHEREAS, the Commission of the City of Miami passed and r adopted Resolution No. 73-136 awarding the bid for the lease of the waterfront marine facility hereinafter described, to Grove Key Marina, Inc., and authorizing the execution of the Lease Agreement dated March 30, 1973; and WHEREAS, on January 8, 1976, the Company made a presentation before the City Commission requesting an extension of said Lease Agreement between the City and, the Company; and WHEREAS, the Company's proposal provides that the Company will, at its sole cost and expense, provide additional rack storage for a minimum of One Hundred (100) boats; provide for the construction of a dock office immediately adjacent to the waterfront; remove the existing structure on the leased premises known as "Captain Dick's Shack"; provide the service presently offered at "Captain Dick's Shack" in a new structure; and construct a restaurant facility on the leased premises that will enhance the present service to the boating public; and `- CI: L._! ' F.vmenities available to the non -boating public; and O U O (,Land alterations to be compatible with the Dinner Key Architectural WHEREAS, improvements to the leased premises shall include WHEREAS, the Company agrees to make all improvements, adjustments Plan; and WHEREAS, the City Commission adopted Resolution 7 6-authorizing and directing the City Manager to execute a lease agreement with the Company for the eight year period beginning July 1, 1976, and ending Jane 30, 1984. r NOW, THEREFORE, the parties agree and covenant as follows: 1. PREMISES TO BE LEASED The City does hereby lease to the Company and the Company does hereby hire from the City those certain Hangars and that property known, described and designated as: Hangars "A" and "B" together with a small storage building in the rear of Hangar "A" and small frame building lying easterly of Hangars "A" and "B", and a boat slip located on the northerly side of Clipper Circle, all being located on the following described property: Bounded on the westerly side by a line 95 feet westerly of, and parallel with, the westerly sides of Hangars "A" and "B"; bounded on the northerly side by a woven wire fence and its westerly and easterly projections thereof; bounded on the easterly and southeasterly boundary of the boat slip area at Clipper Circle; bounded on the southwesterly side by yellow traffic stripes, Australian Pine Hedge and the back of the existing sidewalk defining the northeasterly boundary of Pan American Drive and Clipper Circle. The above described property, Hangars and appurtenances lying and being a part of the property known as Dinner Key according to the Plat thereof, as recorded in Plat Book 34 at Page 2 of the Public Records of Dade County, Florida. A location map and aerial photograph of the area to be leased by the City to the Company is attached hereto and made a part hereof as Exhibit "A" and designated City of Miami Plan No. DK-187. 2. TERM OF LEASE AGREEMENT The term of this Lease Agreement shall be for the eight - year period commencing on the 1st day of July, 1976, and terminating on the 30th day of June, 1984. It is mutually agreed by both the City and the Company that the Lease Agreement dated March 30, 1973, between the Company and the City shall remain in effect through June 30, 1976, and that said Agreement shall be of no further force and effect after June 30, 1976. 3. USE OF PROPERTY The Company covenants that it will not, under any circum- stances, discriminate against individuals desiring to use the facilities and that all facilities located on the leased premises shall be made available to the public, subject to the right of the Company to establish and enforce rules and regulations to provide for the order- ly operation and security of said facilities, The City and the Company covenant and agree that within that portion of the Dinner Key property, the boundaries of which ate set forth in the documents attached hereto and designated as Dinner Key Area DK-187, the property is to be used for the storage of boats and the general repair and servicing of boats up to a•nd including twenty-eight (28) feet in length, for the sale of bait, fuel, tackle, marine supplies and hardware and food aad beverages, boat launching, and for the sale of new and used boats up to and includ- ing twenty-eight (28) feet during the term of this Lease Agreement. The existing crane and elevator lift will be available to any and all boat owners for the launching and taking out of the water of their boats up to and including twenty-eight (28) feet in length, it being understood that the launching and taking out of the water of boats will be done by the Company, for which a reasonable charge will be made the Company, said charges to be posted in a conspicuous place and be•approved in writing by the City Manager, 'r? which approval shall not be unreasonably withheld. The Company shall construct and operate a new facility to LJ -'`-lprovide the services presently offered by "Captain Dick's Shack", r-. which shall include the sale of food and beverages, and shall construct a a new marina office adjacent to the waterfront. The Company shall have the right to construct docks for wet storage and for the use of customers of the leased premises. All construction shall be subject to the approval of the City Manager, which approval shall not be unreasonably withheld, and subject also to the Company obtaining the necessary permits. The Company and the City shall negotiate for constructing and operating a restaurant facility on the leased premises. The terms and conditions relating to this food and beverage facility shall be determined by mutual agreement between the Company and the City; and such agreement shall be subject to approval by the City Commission 4. CONSIDERATION As rental for use and occupancy of the leased premises throughout the period of this Lease Agreement, the Company does hereby covenant and agree to pay to the City a sum equal to 10.3 percent of the gross sales, excluding the proposed restaurant facility described in Paragraph 3 of this Lease, but which includes any and all sales made on said premises, including but not limited to, ins -and -out service for launching and taking out of the water of boats; all storage; all retail and wholesale sales, provided, however, that the minimum sum to be paid by the Company to the City as rental for use and occupancy of the leased premises shall be Thirty -Four Thousand, Eight Hundred and Fifty ($34,850.00) Dollars for the first year of this Agreement; Fifty Thousand ($50,000.00) for the second year of this Agreement and Sixty Thousand ($60,000.00) for the third year and each year thereafter or the percentage of the gross sales as hereinabove set forth, whichever is greater. The consideration for the proposed restaurant facility shall be the subject of future negotiation and subject to ratification by the City Commission. The Company shall pay to the City either the minimum annual rent as set forth herein or 10.3 per cent of the gross sales for each lease year, whichever amount is greater. The percentage rent due shall be computed monthly and applied each month as a credit against the prepaid minimum annual rent, until such time as the sum of these monthly credits exceeds the minimum annual rent, at which time the amount of percentage rent in excess of the prepaid minimum annual rent shall be due and paid within fifteen (15) days following the end of each lease month, simultaneously with the delivery by the Company to the City of its monthly report of gross sales. 5. CASH DEPOSIT On July 1, 1976, the Company shall furnish to the City a Cash Deposit in the amount of Thirty -Four Thousand Eight Hundred Fifty ( 34,850,00) Dollars representing the minimum annual rent for the first year of this eight.,year agreement. On July 1, 1977, the Company ti11 furnish to the City a Cash Deposit in the amount of Fifty Thousand ($50,000) Dollars represents ing the minimum annual rent for the second year of this eight year Agreement. On July 1, 1978, 1979, 1980, 1981, 1982, and 1983, the Company shall furnish to the City a Cash Deposit in the amount of Sixty Thousand ($60,000.00) Dollars representing the minimum annual rent for the third, fourth, fifth, sixth, seventh, and eighth years, respectively, of this eight -year Agreement. 6. ACCOUNTING On or before the l5th day of each month, beginning with the second month of this Lease Agreement and continuing during the effective period hereof, and each and every month thereafter, the Company shall file at the office of the Department of Finance of the City, or at such other place or places as may be designated here- after by the City, a statement in certificate form signed by a duly authorized officer of the Company, setting forth in such detail as the Director of Finance of the City shall prescribe, the amounts of the gross sales hereinabefore described which were derived by the Company during the immediately preceding month, and simultaneous- 2 7 ly with the filing of such statement shall pay to the Department of oLij 0 C� 5 J Finance of the City the amount of rental due, subject to the conditions of Paragraph 4. Q L-_- The term "gross sales" as used herein shall be considered CP d synonymous and interchangeable with the term "gross receipts" and shall be construed to include all moneys paid or payable to the Company arising out of or in connection with the Company's use of the aforesaid facilities and leased premises whether or not collected, including any and all sales made on said premises, in. -and -out services for launching and taking out of the water of boats, all storage, all retail and wholesale sales, provided, however, that any taxes imposed by law which are separate, stated to and paid by the purchaser, and are directly payable to the taxing authority by the Company, shall be excluded from gross sales. Additionally, the Company shall submit quarterly reports to the City identifying expenditures on the part of the Company for making improvements to the property, equipment purchases and improvements 11, and expenditures related to improving the facilities, amenities and services of the marina. Such reports shall be discontinued after the total value of the Company's improvements have reached or exceeded $300,000.00. 7. INSURANCE The Company shall carry insurance for public liability in the amount of not less than One Hundred Thousand/Three Hundred Thousand ($100,000.00/$300,000.00) Dollars bodily injury and One Hundred Thousand ($100,000) Dollars property damage. Said insurance shall include products liability protection, and shall name the City of Miami as an additional party to the said insurance policy. The policy of insurance, as provided herein shall before this Lease Agreement becomes effective be approved by the City Manager in writing, which approval will not be unreasonably withheld. 8. INDEMNIFICATION OF THE CITY BY THE COMPANY The Company covenants and agrees that it shall indemnify and save harmless the City from and against any and all claims, suits, actions, damages or causes of action arising during the term of this 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 Company'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 investiga- tion thereof; provided, however, that before the said Company shall become liable for said cost, the Company shall be given notice in Writing that the same are about to be incurred and shall have the Option itself to make the necessary investigation and employ counsel of the Company's own selection for the necessary defense of any claims. The City may at its option, retain its own counsel at its sole cost and expense in addition to the provisions as herein above set forth. 9. LICENSES The Company shall obtain and pay for all the necessary licenses required for the operation of the business facilities pro- vided for in this Lease Agreement. 10. DAMAGE OR LOSS TO COMPANY'S PROPERTY The Company releases the City from any and all liability, cost or expense for damage or loss to Company's property for any cause whatsoever, which shall include, but not be restricted to, any damage or loss that may occur to merchandise, goods, equipment, or other property covered under this Lease Agreement, if lost, damaged or destroyed by fire, theft, rain, water or leaking of any pipes or waste water in or about said premises, or from hurricane or any act of God, or any act of negligency of any user of the facilities, or occupants of the premises, or any person whomsoever. 11. UTILITIES The Company shall be solely responsible and pay for all utilities used by the Company. 12. MAINTENANCE OF DEMISED PREMISES AND JANITORIAL SERVICES The Company covenants and agrees that it shall, at its own cost and expense, maintain the interior and exterior of the buildings located upon the demised premises in the same condition as originally received, ordinary wear and tear excepted, and shall keep same in good and operable condition excluding repairs due to fire, hurricane or other act of God, and will not suffer or permit any strip or waste of the demised premises without prior written per- mission of the city Manager, The Company agrees to provide adequate janitorial services. The Company further agrees to maintain the building and premises in a condition of proper cleanliness, orderliness and state of attractive appearance at all times. If the building and premises are not kept reasonably clean and attractive in appearance, the Company, shall be so advised. Corrective action shall be taken by the Company within seven (7) days time. In the event such action is not taken, the City shall have the right to make repairs or cause the premises to be cleaned and the Company shall then be required to reimburse the City within thirty (30) days for said cost and charges. 13. AD VALOREM TAXES. The City convenants and agrees that the leased premises are to be used and have been used for a governmental, municipal or public purpose or function that could be served by the City, that the operation of the leased facility by the City would be a valid subject for the allocation of public funds, that the consideration paid by the Company as described in this Lease Agreement is reasonable and adequate and in the best interests of the City and the public, and is that the realty and leasehold intryrest of said leased premises are exempt from ad valorem taxes in accord with the provisions of Florida Statutes 196.199(2) (a) and Florida Statutes 196.012(5). -8- 'SUPPORTIVE FC-LLOWI7 14. ASSIGNMENT AND SUBLETTING OF_PREMISES DEMISES The Company shall not at any time during the term of this Lease Agreement sublet any part of the premises, or assign this r Lease Agreement or any portion or part thereof, except and by virtue of written authorization granted by the Commission of the City of Miami. 15. BOOKS, RECORDS, ACCOUNTS AND STATEMENTS The Company shall keep true, accurate and complete books, records and accounts of all sales, rentals and business being transacted upon the premises. Further, the Company shall, upon demand, make available all books and records, leases, agreements, reports and financial statements in any way pertaining to the demised, premises to authorized representatives Of the Department of Internal Auditing, or such other authorized representative as the City Manager of the City shall designate, at the demised premises during normal business hours. The Internal Auditing Department of the City shall be furnished any and all records of the Company necessary to make a full and complete audit of the books and operations of the Company pertaining to the leased premises and operation of the facilities described in this Lease Agreement. 16. EXAMINATION OF THE PREMISES BY THE CITY The Company agrees to permit the City, by its City Manager's designated personnel, to enter upon the premisesat any time for any purpose the City Manager of the City deems necessary or incidental to or connected with the performance of City's duties and obligations hereunder or in the exercise of its right or function. . / t r. , 1 A �► n •+- " / r • 1 17, ADVERTISING The Company shall not permit any signs or advertising Matter to be placed upon the exterior of the buildings or grounds or any of the property included in this Lease Agreement nor shall the Company in any way alter, modify or change any existing signs or advertising matter found upon the exterior of the buildings or grounds or any of the property included in this Lease Agreement without first obtainirrgthe written approval o; the City Manager of the City which approval will not be unreasonably withheld. 18. EMERGENCIES The Company shall during any emergency such as, but not limited to a hurricane, flood, fire or any type of disaster, cooperate with the City for the security of these facilities and shall provide access to the demised premises for the passage of fire equipment and other emergency vehicles as specified by the Fire Depa: t:-.-_ant of the City. The Company shall use its best efforts during any of these timesto safeguard the buildings and protect the contents thereof from any loss or damage whatsoever, but nothing herein contained shall be construed to make Company responsible for any loss due to any occurrence as hereinabove stated. 19. PRICES, FEES AND CHARGES The Company agrees that it shall not increase, decrease or otherwise modify existing prices, fees and charges without prior written approval of the City Manager of the City, which approval shall not be unreasonably withheld. This Paragraph is to be con- strued to apply only to boat storage and launching fees. 20. IMPROVEMENTS AND EXAMINATION OP PREMISES The Company covenants and agrees that it has examined the demised premises and is aware of the condition thereof, and accepts the building and premises in their present condition as is but the City ?; grants the .Company the right to make alterations, improvements and additions to the equipment, buildings or grounds for its own convenience, including the construction of additional dock facilities, a new marina office and a new "Captain Dick' s Shack" provided that prior written approval is first obtained from the City Manager of the City before such improvements are undertaken, which approval shall not be unreasonably withheld. All alterations, improvements or additions made by the Company shall be done'at its own cost and expense and shall be in concert with the Dinner Key Archi- tectural Plan. It is further provided that all alterations, improve- ments or additions made to the realty and which become a part thereof, that are made by the Company shall become the property of the City upon their completion, and those items which may be removed without permanent and irreparable injury to the premises shall remain the property of the Company and may be removed by the Company, providing that upon such removal the Company shall replace the property in the same condition as when received, ordinary wear and tear excepted. It is specifically provided that boat racks placed on the premises by the Company shall remain the property of the Company. 21. SALE OF FOOD AND SANITARY LAWS In the sale of food, the Company shall abide by all Pure Food and Sanitary Laws, and each and every employee, or any person handling the food in behalf of the Company, shall each possess health certificates issued by the proper governmental agency. All such food and beverages shall be of the best grade and highest quality. Li•dCU',1t (' TS r L vv including the construction of additional dock facilities, a new Marina office and a new "Captain Dick's Shack" provided that prior written approval is first obtained from the City Manager of the City before such improvements are undertaken, which approval shall not be unreasonably withheld. All alterations, improvements or additions made by the Company shall be done''at its own cost and expense and shall be in concert with the Dinner Key Archi- tectural Plan. It is further provided that all alterations, improve- ments or additions made to the realty and which become a part thereof, that are made by the Company shall become the property of the City upon their completion, and those items which may be removed without permanent and irreparable injury to the premises shall remain, the property of the Company and may be removed by the Company, providing that upon such removal the Company shall replace the property in the same condition as when received, ordinary wear and tear excepted. It is specifically provided' that boat racks placed on the premises by the Company shall remain the property of the Company. 21. SALE OF FOOD AND SANITARY LAWS In the sale of food, the Company shall abide by all Pure Food and Sanitary Laws, and each and every employee, or any person handling the food in behalf of the Company, shall each possess health certificates issued by the proper governmental agency. All such food and beverages shall be of the best grade and highest quality, - 11 22, RIGHT OF CANCELLATION In the event of a default on the part of the Company, the City shall have the right to serve upon the Company a notice calling attention to the particular default or defaults complained of and demanding the termination thereof, and fn the event of the continued existence of said default or defaults for a period of thirty (30) days (except in the case of non-payment of money, as to which five (5) days shall be applicable) from the time of the giving of such notice by the City, the City shall, by action of the City Commission, have the right to serve a further notice of its election to exercise the option hereby granted to it to terminate this Lease Agreement, and if said default or defaults shall then continue after a period of fifteen (15) days from the giving of saia notice o'f election, the City shall have the right without further notice to re-enter and take possession of the leased premises and all improvements thereon, with or without judicial process, and to terminate this Lease Agreement. 23. NOTICES Notices from City to Company shall be deemed duly served if mailed by registered or certified mail to Company at the address of the demised premises; and notices from Company to City shall be deemed duly served if mailed by registered or certified mail addressed to the City Manager, City of Miami, Dinner Key, Miami, Florida; or to such other respective persons or addresses as the parties may hereafter designate to each other by notice given in the foregoing manner from time to time. 12 - "SUPPORTIVE. D CUMENIs FOLLOW" 4 24, SURRENDER OF PREMISES Upon termination of this Lease Agreement by lapse of time or otherwise, the Company will proliptly and peacefully surrender and deliver possession to the City of all the lands and buildings to which this Lease Agreement is applicable in good r repair, ordinary wear and tear excepted. It is further understood by and between the parties hereto that all improvements to the realty and made a part thereof by the Company, shall become the property of the City, except as modified by the provisions of this Lease Agreement contained in Paragraph 20. 25. DAMAGE OR DESTRUCTION OF BUILDING DUE TO FIRE OR CASUALTY The City agrees to obtain at its sole cost and expense at all time: LL.:ring the term of this Lease Agreement and any renewal term hereof, a'standard fire insurance policy on the build- ings and contents of that which is owned by the City of Miami for all the perils of fire, extended coverage and malicious vandalism. In the event the building or any portion of the premises is damaged or destroyed by fire or other casualty, said damage or destruction shall be repaired and restored by the City with due diligence, subject to the right of the City, if the cost or repair and restoration is so substantial as to make such repair or restor- ation economically unfeasible in the opinion of the City Commission, to terminate this Lease Agreement upon sixty (60) days' notice. Such notice of termination shall be subject to the right of the Company to repair or restore the premises at its own cost and expense upon the Company giving the City written notice of such election within ninety (90) days after the date of the City's notice referred to herein. 13 "SO? VkINV., VOCOV,I\ONAIS 0\10\N" other causes in companies acceptable to the City, In the event insurance cannot be obtained because of these factors, then the Company shall furnish to the City a bond with a surety acceptable to the City fully indemnifying the City for loss, destruction, damage or injury to the property of said City., 26. ATTORNEYS' FEES In the event that it is deemed necessary for either party to file a law suit in the appropriate court of law in order to enforce any of the terms or provisions of this Lease Agreement, then the prevailing party shall be entitled to reasonable attorneys' fees. 27. BINDING ON SUCCESSORS terms and provisions of this Lease Agreement shall, subject to the provisions of Paragraph 14, be binding and inure to the benefit of the successors and assigns respectively of City "SUPPORTIVE DOW , ENTS FOLLOW" and Company. 28. CAPTIONS The captions contained in this Lease Agreement are inserted only as 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 provisions thereof. IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Lease Agreement the day and year first above written. THE CITY OF MIAMI, a Municipal corporation ATTEST: of the State of Florida. By City Clerk City Manager ATTEST; GROVE KEY MARINA, INC., a Florida corp. Secretary (SEAL) By President 15 ( In the event that either party to this Lease Agreement agrees to repair the damage or destruction as required under the provisions hereof, the work shall be done in a good and workmanlike manner and subject to plans and specifications therefor being first submitted to the City Manager and approved by him in writing and such approval shall not be unreasonably withheld. In the event the premises shall become unfit for occup- ancy because of the occurrence of damage or destruction to the premises as provided in this Paragraph 25, and the Company shall be required to close its entire business on account of such occur- rence, and said closing shall continue for a period in excess of seven (7) days, all rent shall abate while the premises remain closed until the condition shall be corrected to such degree as to permit the Co:n_ any to commence regular operations on the leased premises. In the event of damage to a portion of the premises whereby the Company may still continue part of its operations, rent shall continue to be paid as described in Paragraph 4, except that the minimum annual rent shall be reduced by the percentage that the gross revenue of the damaged portion represents in relation to the gross revenues of the overall operation, and calculated for the time that the damaged portion is out of operation, based on the records submitted to the City by the Company. The Company agrees not to keep or permit to be kept or permit to be contained in or about or on the demised premises anything of any character so hazardous as to render it difficult, impracticalor impossible to procure insurance against fire or "SU 'POR 6 l V E V..CUMENTS FOLLOW"' - 14 - APPROVED AS TO FORM AND CORRECTNESS: Assistant City Attorney "SU PPORTIVE DOCU IVI ENTS FOLLOW" CITY OF MIAMI. FLOF2tDA 1NTER•OFFI E MFMOkASIDUM re: FROM: Honorable Members of The City Commission P. W► Andrews City Manager nAtF. MAR 1 9 1976 SUBJF+_ I REFERENCES: ENCLOSURES: PILE: Grove Key Ma.riha, Inc: Lease Agreement At the February 10, 1976, City Commission Meeting, the Commission adopted Motion 76-185: A MOTION OF INTENT TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AN EXTENSION OF THE EXISTING LEASE WITH GROVE KEY MARINA UNTIL JUNE 30, 1984. In accordance with that Motion, the City Manager entered into negotiation with Grove Key Marina, Inc., for an extension of its lease until June 30, 1984. The negotiations have been completed and have resulted in the following adjustments in the lease agreement between the City and Grove Key Marina, Inc.: The present Lease Agreement will remain in full force and effect until June 30, 1976. On July 1, 1976, the new agreement will become effective for the eight -year period ending June 30, 1984. Grove Key Marina will accomplish the following — improvements to the property at an expense not — less than $300, 000 excluding restaurant facilities: �J �? 1. Provide additional rack storage for a /`S ` �PO' ���� minimum of 100 boats. DOCUMENT — Provide for the construction of a dock FOLLU����. office immediately adjacent to the water- FOLLOW"' front. 3. Provide the service currently provided by "Captain Dick's Bait and Tackle" in a new struct.urc', MAR I p i976 Honorable MVlernbers of The City Cotntnission 4, Remove the existing structure on the leased premises known as ''Captain Dick's Bait and Tackle'', 5, Enter into negotiation with the City for providing a restaurant facility that will inhance the service to the boating public, All improvements, adjustments and alterations will be cornpatable with the Dinner Key Master Plan,' The Company will continue to pay the City 10, 3% of the gross sales, however, the minimum annual guarantee will he increased and paid in advance of each year according to the following schedule First Year Second Year Third Year $34, 850 50, 000 60, 000 It is the recommendation of the City Manager that the attached proposed resolution authorizing and directing the City Manager to execute a lease agreement for the eight -year period, beginning July 1, 1976 and termi- nating June 30, 1934, with Grove Key Marina, Inc. , for the small boat marine service facility at Dinner Key he adopted by the City Commission. cc: Honorable Maurice A. Ferre, Mayor Honorable Rose Gordon, Vice Mayor Honorable Theodore R. Gibson Honorable J. L. Plummer, Jr. Honorable Manolo Reboso