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Home My WebLink AboutR-75-0274MIA/v1 s 3/25/75 RESOLUTION NO. 75-274 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO AN AGREEMENT WITH ANCHOR MARINE OF MIAMI, INC. TO FENCE AND USE THAT PORTION OF N.W. 7 STREET FROM N.W. SOUTH RIVER DRIVE TO THE MIAMI RIVER. WHEREAS, the CITY would not be opposed to the closing of N.W. 7th Street from N.W. South River Drive to the Miami River but for the possibility of said area being used for a bridge to cross the Miami River; and WHEREAS, the CITY has had difficulty maintaining said area and has in the past had to remove abandoned vehicles and junk from said area; and WHEREAS, ANCHOR MARINE is desirous of having said area closed and abandoned or in the alternative being permitted to maintain said area and to erect a fence in accordance with the sketch labeled Exhibit "A" attached to the Agreement between the CITY OF MIAMI and ANCHOR MARINE OF MIAMI, INC.; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the City Manager is authorized and directed to enter into an Agreement with ANCHOR MARINE OF MIAMI, INC. to fence and use that portion of N.W. 7th Street from N.W. South River Drive to the Miami River. PASSED AND ADOPTED this 25 day of MARCH , 1975. MAURICE A, FERRE MAYOR Att r f1UTHER'i /9 CITY CLERK -1- `DOCUMENT INDEX ITEM NO li CITY COMMiSS ON MEETING OF INNu►17n by. r 274- REiII PREPARED AND APPROVED BY: i. Michel E. Anderson, Asst. City Attorney APPROVED AS TO FORM AND CORRECTNESS _ ttorney John S. L167d, City • LEASE AGREEMENT This Lease Agreement made and entered into this day of 1974, by and between the CITY OF MIAMI, a municipal corporation, as Lessor (hereinafter called the "CITY") and ANCHOR MARINE OF MIAMI, INC,, a Florida corporation, as Lessee (hereinafter called "ANCHOR MARINE"), W I T N E S S E T H: WHEREAS, the CITY would not be opposed to the closing of N. W. 7th Street from N. W. South River Drive to the Miami River but for the possibility of said area being used for a bridge to cross the Miami River; and WHEREAS, the CITY has had difficulty maintaining said area and has in the past had to remove abandoned vehicles and junk from said area; and WHEREAS, ANCHOR MARINE is desirous of having said area closed and abandoned or in the alternative being permitted to maintain said arca and to erect a fence in accordance with the s?:c-tch labeled Exhibit "A" attached hereto and made a part hereof; NOS•,, THEREFORE, for and in consideration of the premises and mutual covenants hereinafter contained to be observed and performed, the parties hereto covenant, agree and bind themselves as follows: 1. PREMISES TO BE LEASED The CITY does hereby lease to ANCHOR MARINE and ANCHOR MARINE does hereby lease from the CITY the following described real property: N. W. 7th Street from N. W. South River Drive East to the Miami River as outlined in red in Exhibit "A" attached hereto and made a part hereo , 11i 2: TERM OF LEASE AGREEMENT The term of this Lease Agreement shall be for a one (1) year period commencing on the day of 1975 and terminating on the day of 1976. ANCHOR MARINE shall, in addition, have the right to review said Lease for one (1) year periods subject to and conditioned upon the approval of the City Manager of the CITY. Said approval shall not be un- reasonably withheld. 3, USE OF PROPERTY ANCHOR MARINE agrees to maintain said property in good condition at its own expense. In addition ANCHOR MARINE agrees to comply with all ordinances of the CITY at its sole expense. ANCHOR MARINE further agrees to construct the improvements as shown on the sketch marked Exhibit "A" attached hereto and made a part hereof and to maintain said improvements in good condition. The CITY agrees to allow ANCHOR MARINE to enclose said property by fence as shown on Exhibit "A", said fencing to be paid for and maintained in aooc condition by ANCHOR MARINE at its own expense. 4. CONSIDE _'.T i As rcn al for use and: occupancy; of the leased premises throughout the period of this Lease and the renewal periods provided in Paragraph No. 2, ANCHOR MARINE does hereby covenant and agree to pay to the CITY the sum of One Dollar ($1.00) per year. 5. INSURANCE ANCHOR MARINE shall carry insurance for public liability in the amount of not less than One Hundred Thousand/Three Hundred Thousand Dollars ($100,000.00/$300,000,00) bodily injury and One Hundred Thousand Dollars ($100,000.00) property damage, Said in- surance is to include products liability protection, and Shall name the CITY as an additional party to the said insurance policy. The policy of insurance as provided herein shall before this tease Agreement becomes_effective, be approved by the City Manager in writing which approval will hot be unreasonably withheld, The City Manager shall have the specific right to reject any insurance • company that has been provided by ANCHOR MARINE as the insurer, 6. INDEMNIFICATION OF THE CITY BY ANCHOR MARINE ANCHOR MARINE 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 ANCHOR : -J1I E shall become liable for all of said costs, attorneys' fees, expenses and liabilities, ANCHOR MARINE 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 ANCHOR MARINE'S own selection for the necessary defense of any claims. The CITY may, at its option, retain its own counsel in addition to the provisions as hereinabove set forth. 7, DAMAGE OR LOSS TO ANCHOR MARINE'S PROPERTY ANCHOR MARINE releases the CITY from any and all liability, cost or expense for damage, or loss to ANCHOR MARINE'S property for any cause whatsoever, which shall include, but not be “:str-icted to, any ciainace 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, taih, water or leaking o? any pipes or Waste water in or about said premises, or from hurricane or any act of God, or any act of negligence of any user of the facilities, or occupants of the premises, or any person whomsoever: 8. UTILITIES ANCHOR MARINE shall be"solely responsible and pay for all utilities consumed on the premises which it, by virtue of this Lease Agreement, controls or utilizes. 9. ANY AND ALL TAXES AND ASSESSMENTS ANCHOR MARINE agrees that it shall pay, as additional rent during the term of this Lease Agreement, taxes and assess- ments, general and special, which may be levied, assessed or otherwise imposed upon said demised premises and the buildings and improvements thereon, or which may hereafter during the said term be erected or constructed thereon. It is the intent of this Lease Agreement that the City is to receive the rental above specified as net, and clear of all costs and charges arising from or relating to said demised premises and its appurtenances in any manner during the term of this Lease Agree- ment, and which may arise during the term of this Lease Agreement from the use and/or misuse of said demised premises in any manner. 10. ASSIGNMENT AND SUBLETTING OF PREMISES ANCHOR MARINE 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 Commission of the` City of Miami, 11, IMPROVEMENTS AND EXAMINATION OF PREMISES ANCHOR MARINE covenants that it shall hot make any improvements on the leased property without the permission of the CITY except those specifically shown on the sketch marked Exhibit "A" attached hereto. ANCHOR MARINE covenants and agrees to permit agents and employees of the CITY to enter on to the premises after reasonable notice to examine the condition of the premises„ to clean the storm sewer located upon the premises, or for any additional municipal purposes. 12. RIGHT OF CANCELLATION The CITY, in addition to all other rights and r :::,L' s of any nature whatsoever provided herein or by law can by City Commission action cancel, terminate and declare this Lease Agreement to be null and void at its option upon sixty (60) days notice to ANCHOR MARINE. 13. NOTICE Notices from the CITY to ANCHOR MARINE shall be deemed duly served if mailed by registered or certified mail to ANCHOR MARINE care of R. Harris Turner, Esq., 25 West Flagler Street, Miami, Florida, 33130; all notices from ANCHOR MARINE to the 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 such other respective persons or addresses as the parties may hereinafter designate to each other by notice given in the foregoing manner from time to time. ■ 14, SURRENDER OF THE PREMISES Upon termination of this Lease Agreement by lapse of time or otherwise, ANCHOR MARINE will promptly and peaceably surrender and deliver possession to the CITY all of the lands to which this Lease Agreement is applicable and shall at the option of the CITY remove any or all of the improvements constructed thereon by ANCHOR MARINE. 15. ATTORNEYS' FEES In the event it is seemed necessary by the CITY to file a lawsuit in the appropriate court of law to enforce any of the terms and conditions of this Lease Agreement or to collect any monies or sums due hereunder, or to require ANCHOR MARINE to perform any of the covenants or terms and conditions as pro- vided herein, then ANCHOR MARINE agrees that it shall pay to the CITY reasonable attorneys' fees. 16. FINDING ON SUCCESSORS The terms and provisions of this Lease Agreement shall be binding and inure to the benefit of the successors and assigns respecti,, CITY an6 ANCHOR : PINE. c;J TIO :E 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 Agree- ment or the intent of any provisions thereof. 18. PUBLIC USE The parties agree that this lease shall not be con- strued as the abandonment or discontinuance of use of the property described herein for thepublic or for public purposes. IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this tease Agreement the day and year first above written. ATTEST: City Clerk ATTEST: Secretary (SEAL) THE CITY OF MThMI, a municipal corporation of the State of Florida, City Manager ANCHOR MARINE OF MIAMI, INC., Florida corporation, By President 7, .41•••• tr... ' • c't- \ • \ • 9.-- .i.---- .ts. . ' IN:.> •,:?,:?_,...-.1 i Vi; !....... t/:111'' ....: .- ... ;:::.'. _..--..(1.2 N. N •• • .. N. •.. •• •!.2\ '•:"Z •• 1 ‘....%:,•,:•.•....• . Z.....1.....,,;.•.•,,,,,y,,, 4., C••••t_. ••.:;•;.., ..'""....""----'''-..--1FIZ.:""'" -'... i a "'., ;. ..\ ,17 '4., '.'. .... l /.1. .' / ...9..- ii 4..a.4.1....”..........„ \V ,,,,,;,•.Z.- oe r------*---:.:"-r-'-'•liaf...p..T.f4;:,.....,,t.t-•'--7--:t '.7-..:'-"....'n'q • 't 1 it \ 4\ 1 ,, , .1:,•1;:47_2,),_?_‘_+ ...7.4"- - .., t 1 ' .tA3 i II 1..e-• N re......,, ,...,i . 4. tt....*9 .K.2. 4...tint :So___ _ • ._• _.'"*.____•••_._ 4,q. t •r 41,s. 1.01.. ric•Zti ..i.. V.,,\:... ft, -4 ..1( 4‘..;4-.••*tt,91..ai A=2. 2•ST CDS 4g.N. 1 lc 1 Tr' St.t.att', ZO (.4 N. ce le. C. • ittfitt) P.',1 GC ut'ort.ttn..f4t; n./ tut' 210 ai <tot Auts ot ii,A, s tAt c.f 35; "V.-..1‘s4 Cti it..1...bc 4. ly%"a c_.I"i'i Or• "•{IAP•{I: Or IDA '4ANA ,Fa `_,urtier and Shapiro Attorneys at Law Suite 1135 City National Bank Sui1aig 25 West rlagler Street Miami, Florida 33130• Attention R. Harris Turner Dear Mr. Turner: Jim .Ianders Ancnor ;!arine N.W. 7 Street, S. giver Drive This 1s in reply to your recent letter concerning the closure of N,:J. 7 .tree, between N.W. 3outh River Drive and the :'.iami River. A3 •ice.'. Campbell of the 'Department of Public ,`fortis related to you by phone, ;:he question of closer,;; the portion of i,'I. 7 Street between South River Drive and the .Iia^ii Njver has been brought up on previous occasions. He also informed you that there was a lar.:,e stor*a sewer in `i.'f. 7 yet which must be maintained from time to time. An additional consideration i.i this area is t.le possibility of the construction of either a bridge or a tunnel across t:-e Kiami Rive_'. The question of the exact location of this facility, and whether the crossing . hou1d be over or under the River, has yet to be resolved. In view of the above, and consistent with the City's past recommendations on closing this street, we feel we can not entertain your proposal. If you have any further questions, please contact Mr. Georle V. Campbell, Jr., :.i;;h;vay Engineer, at 1t 45_4391. 7„ i l rr :'_. � on t' . ::a 3 .'.ana"er C'1 Sri . Si t,V F.Y U. Su.u•ru0 ti.ITA1Wt4 letrvc:R November 15, 1974 cP �.y ter City Manager Paul W. Andrews P. O. Box' 330708 Miami, Florida 33133 Re: Jim Manders Anchor Marine Northwest 7th Street and South River Drive to the Miami River AST) S tAYtRo .rTo" Y AT Law '.70JITE 111 i crry f,AFICNAL BANK fUILt71NG 25 WEST t LAGLER STREET M1.111I. FLORIDA :131 :N1 3051 37D•9335 Dear Mr. Andrews: t represent i•4r. Jim Handers of the Anchor Marine of Miami, Inc. located at 961 Northwest 7th Street, in Miami. The Anchor ;Marine property is located on a shall stretch of Northwest 7th Street which extends from South River Drive to the Miami River. i1r. Manders' property is the only pronert✓ that is currently being serviced by this street. Due to the nature of the short size and location of the street, I:r. :•Landers' property has been subject to much vandalism, abandoned cars and abandoned trash on this street. The street is in need of repair and is often forgotten by the City when it comes to work that needs to he done there. During the football games, both sides of the street in front of Mr. Manders' property and in front of the doors and gates leading into his property are filled gird blocked with cars of people parking illegally. Due to this, Mr. Manders has lost much business and several sales because he could not get service to his property and could not get boats and engines in and out of his property. :[ feel that !1r. Manders has been placed in an untenable position due to the nature and location of this street. Paul W. Andrew„ City Manager November 15, 1074, page 2 of 2 Re : J im Handers Anchor Marine I would like to meet with someone from your Public Works Depart- ment and the Law Department of the City of Miami in regard to this situation to see if a solution could be worked out that would be adequate and beneficial to both the City and Mr. Handers. If you have no objection to this meeting I would greatly appre- ciate it if you would have someone from your staff contact me so such a meeting can be arranged. rht;z Very truly yours, TURNER AND SFI?PIRO IIarris Tdrner For the Firm '7' • A / /, 13 :V