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Home My WebLink AboutR-76-1116RESOLUTION AUTHORIZING THE CITY MANAGER 'O EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE ADVENTURERS YACHT & SAILING CLUB, INC. FOR THE OPERATION OF THE SAILBOAT RENTAL CONCESSION AT DAVID T. KENNEDY PARK TO PERMIT THE CONCESSIONAIRE TO RENT CANOES, A 27 FOOT CATAMARAN SAILBOAT, AND TO OFFER SAILING LESSONS, SUBJECT TO ADVANCE ` 1 F II%L. APPROVAL OF THE PRICE FOR SUCH RENTALS AND h r� fw ,,''j' `� LESSONS; FURTHER AUTHORIZING ADDITIONS OR DOC ,,j ti t i_.I 1. 1 DELETIONS OF RENTAL ITEMS CONNECTED WITH i ' RECREATIONAL BOATING SUBJECT TO ADVANCE CONSENT �.0 d�MANAGER, AND ING THAT THE HEREIN AMENDMENT BESUBJECT OTODALL PROVISIONS OF THE EXISTING AGREEMENT. "DOCI.IMEjj ITEM �f NO WHEREAS, the City entered into an agreement in December, 1974, with Adventurers Yacht & Sailing Club, Inc. for the operation of a sailboat rental concession at David T. Kennedy Park; and WHEREAS, this agreement restricted the offer of rental to sailboat and similar watercraft, did not provide for control of rental prices, and did not provide for the addition or deletion of rental items in the future; and WHEREAS, the concessionaire has requested that he be per- mitted to rent canoes, a 27 foot Catamaran sailboat and to offer sailing lessons; and WHEREAS, the City of Miami will receive 16-1/2% of the gross receipts of this operation and it is to the City's advantage to expand as much as possible the water -oriented recreational facili- ties available to the boating public; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager be, and is hereby authorized to execute a rider to the agreement between the City of Miami and the Adventurers Yacht & Sailing Club, Inc. for the operation of CITY COMMISSION MEETING OF O E C 1 6 1976 ROLUTION NO,7j(�,;,�``6 r taiibbat rental dbfIC08Sibil At Avid T. KOnnedy Park te drthit the Concessionaire to rent Canoes, a 27 foot Catamaran tailboat, and to offer sailing lessons, provided that the price for sailing lessons and the rental of such sailboat and canoes are approved in advance by the City Manager and/or his designated representative who will approve the proposed prices if they are Within a competitive price range. Section 2. All future additions or deletions of rental items connected with recreational boating are hereby authorized :to be accomplished by advance consent of the City Manager or his designated representative whose judgment and decision thereon will be based upon reasonable competitive factors in area recrea- tional boating developments. Section 3. The herein amendments to the existing agreement are authorized subject to the provisions of Paragraphs 6 and 7 of the existing agreement relating to gross sales percentage payments and all other provisions of said existing agreement. , 1976. PASSED AND ADOPTED this 16 ATTEST: (7ka25, CI Y CLERK PREPARED AND APPROVED BY: =5. Robert F. Clark, Assistant City Attorney day of DECFMBER MAIIRTCF A. FFRRF MAYOR APPRO S TO FORM AND CORRECTN U.PPORTIVE DOCUMENTS FO! tnir tNo41;VT TO...AOi�> 1 iv11 1 ' AOftt8MINT bearing the date of November 16 ► 1976 entered into,on the dates respectively shown below, by d between the CITY OF MIAMI, Florida, hereinafter referred e as the LESSOR, and ADVENTURERS YACHT & SAILING CLUB, INC., tiorida Corporation, hereinafter referred to as the LESSEt, amends an existing agreement bearing date of December 3, 1974 and IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, and for and in consideration of other aluabie consiri ration, the patties bcreLc covenant and agree, as follows: 1. The LESSEE shall be permitted to rent canoes, a `27' Catamaran sailboat, an. is also permitted to offer. sailing Lessons, provided that the price for the sailing lessons and the rental of such sailboat and canoes are approved in advance by the LESSOR through its City Manager and/or his designated representative, who will approve the proposed prices if they are within a competitive price range. 2. The LESSEE shall be permitted to add or delete rental items from its sailboat rental concession provided such additions are connected with recreational boating and upon the further condition that all future additions or deletions of rental items, as aforesaid,are consented to by the LESSOR through its City Manager or his designated representative, whose judgment and decision thereon will be based upon reasonable competitive Factors in area recreational boating developments. 3. The herein amendments to the aforesaid existing agreement are subject to the provisions of paragraphs 6 and 7 of the existing agreement relating to gross sales percentage "SUPPOP,T;�.'r DOCUME -1 FCLLOW" IIt AMIttM1NT bearing the date of NOVOMber i6 ► 7 fitered into,on the dates respectively shown below, by d between the CITY Or MIAMI, Florida, hereinafter referred tb as the LESSOR, and ADVENTURERS YACHT & SAILING CLUB, INC., a Florida Corporation, hereinafter referred to as the LESSEE, amends an existing agreement bearing elate of December 3, 1974; IiQ CONSIDERATION of the mutual covenants and agreements hereinafter set forth, and for and in consideration of other 'valuable considc::ration, the patties hereto covenant and agree, as follows: 1. The LESSEE shall be permitted to rent canoes, a 27' Catamaran sailboat., and is also permitted to offer sailing lessons, provided that the price for the sailing lessons and the -rental of such sailboat and canoes are approved in advance by the LESSOR through its City Manager and/or his designated representative, who will approve the proposed prices if they are within a competitive price range. 2. The LESSEE shall be permitted to add or delete rental -items from its sailboat rental concession provided such additions 'are connected with recreational boating and upon the further condition that all future additions or deletions of rental items, as aforesaid,are consented to by the LESSOR through its City Manager or his designated representative, whose judgment and decision thereon will be based upon reasonable competitive factors in area recreational boating developments. 3. The herein amendments to the aforesaid existing agreement are subject to the provisions of paragraphs 6 and 7-of the existing agreement relating i-o gross sales percentage " UPPO T.'Ir DOCUMENj FOLLOW" .L) uida1est City Clerk bald tmiatirit eieft TWEN Utz R8 YACHT & 5AILING1 Cf 081 Ike. f 7 r // • APPROVED AS TO FORM AND CORRECTNESS: ,u .R GEORGE F. KNOX, JR. City Attorney 'SUPPORTIVE DUCUM FOLLOW" CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM TO: JOSeph I.z. Gtassie City Managet As iS.lanr f/Citp tta-nac�ek bMtt. DEC .3 197S SUhJECthider to Lease Agteeffieht Adventurers Yacht & sailing Club ENCLO5UR[S. Lance C. Anderson, Principal, Adventurers Yacht & Sailing Club, Inc., has requested that his concession agreement for the sailboat rental operation at Kennedy Park be amended to include sailing lessons, canoe rental and a 27 foot Catamaran sailboat rental. The current lease agreement restricts the operation to sailboat and similar watercraft rental. This amendment will nt)t alter the terms or the percentage payment due the City specified by the original agreement. The original 5-year term agreement wi11 expire at the end of November, 1979, unc1 it provides for the City to receive 161% of gross receipts or a minimum of $3,840 annually. Although the 16;1% payment will apply to the new service to be offered, it will not alter the minimum annual guarantee. The amendment provides the price for sailing lessons and rental of such sailboat and canoes be approved in advance by the City Manager or his designated representative. It is recommended that the attached resolution be adopted authorizing execution of this amendment to the agreement. "SUPPORTIVE DOCU r.,' ENTS FOLLOW"