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Resolution 6429 RESOLUTION NO. 6429 ?REAS, RICHARD GOODHART, of Hollywood , Broward County, Florida, has proposed to construct, maintain and operate docks and a yacht basin touching upon and adjacent to lands located in Miami Beach, Dade County, Florida, owned by the City of Miami Beach op terms and conditions set forth, together with a description of said lands, in the form of contract hereto attached and made a part hereof; and WHEREAS, the City Council of the City of Miami Beach, Florida, deems it to the best interest of said City to accept said proposal and to enter into said contract with the terms of which said City Council is familiar; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk be and they are hereby authorized and directed to execute said contract, in triplicate, in the name of and on behalf of said City. PASSED and ADOPTED this 4th day of December, A. D. 1947. Mayor Attest: City Clerk Said permit is dependent upon approval by the United States Army Engineers of the construction of said docks in Biscayne Bay and First "'arty agrees to cooperate in securing said approval. 2. Second Party agrees to expend in the construction of said docks, and the construction of a comfort station upon said property, a minimum of Twenty-five Thousand (5",25,000.00) Dollars; and Second Party agrees that the docks shall be con- structed in accordance with plans and specifications hereto attached and made a part 1-ereof; and that said comfort station building shall be in strict accordance with the Building Code and Building Ordinance of the City of Miami Beach. Second Party agrees to construct said comfort station upon a location to be approved by the City Manager and that said comfort station shall be. and become the property of the City of Miami Beach in- medtmtely upon its completion. During the term of this Agree- ment, Second Party agrees to maintain the comfort station and to pay all utility bills and the premium for policies of in- surance upon said comfort station, and said comfort station shall be of concrete block construction and shalll contain at least four ( ) showers and four (4) toilets. 3 . : first Party grants to the Second Party, for the term of this agreer,ent, the right to use a five (5) foot strip over and across the above described lands for ingress and egres > to the docks and cor.:fort station hereinbefore referred to, the lo- cation of said five (5, foot strip to be agreed upon by the par- ties hereto. 4. Second Party agrees that any and all improvements made by him hereunder, including docks, buildings and facilities adjoining and adjacent to the above described land, constructed by second party, shall be and become the property of First Party -2- Said permit is dependent upon approval by the United States Army Engineers of the construction of said docks in Biscayne Bay and First 2arty agrees to cooperate in securing said approval. 2. Second Party agrees to expend in the construction of said docks, and the construction of a comfort station upon said property, a minimum of Twenty-five Thousand ($25,00C.O0) Dollars; and Second Party agrees that the docks shall be con- structed in accordance with plans and specifications hereto attached and made a part hereof; and that said comfort station building shall be in strict accordance with the Building Code and Building Ordinance of the City of Miami Beach. Second Party agrees to construct said comfort station upon a loc:.tion to be approved by the City Manager and that said comfort station shall be., and become the property of the City of Miami Beach in- med& telt' upon its completion. During the term of this Agree- ment, Second Party agrees to maintain the comfort station and to pay all utility bills and the premium for policies of in- surance upon said comfort station, and said comfort station shall be of concrete block construction and shall contain at least four showers and four (', ) toilets. 3 . First Party grants to the Second Party, for the term of this agreement, the right to use a five (5) foot strip over and across the above described lands for ingress and egres > to -the docks and comfort station hereinbefore referred to, the lo- cation of said five (5, foot strip to be agreed upon by the par- ties hereto. 4. Second Party agrees that any and all improvements made by him hereunder, including docks, buildings and facilities adjoining and adjacent to the above described land, constructed by second party, shall be and become the property of First Party -2- at the expiration of the term of this agreement, which expiration shall be fifteen (15) years from the date hereof unless the agreement shall. be terminated prior thereto as hereinafter pro- vided. ro- vided. 5. Second Party agrees to operate under the n ::e of "Miami Beach Yacht Basin" and to permit no commercial boats of any kind to use said docks an to maintain no repair yard of any kind in connection with said docks. 6. Second Party agrees to operate said socks for at least eleven (11) months during each year throughout the term of this agreemert. 7. Second Party agrees to operate said docks and yacht basin in such manner that no sewage, garbage and rubbish shall be deposited in the waters at the docks or in the immediate vicinity thereof, 3. Second Party agrees to pay to First P .rty on or before the 15th day of each month of the term of this agreement, Ten (10;;) per cent of the gross income received by Second Party from all sources in the operation of said docks and yacht basin d :ring the preced ins:; month, and further agrees that if d ring any year during the term of this agreement the amount so paid by Second Party to First Party shall amount in the aggregate to less than : 1,200.00 then, and in that event, at the end of said year Second Party shall pay to First Party ;he difference between -51,200.00 and the aggregate amount so paid in order that First Party may be guar- anteed a minimum of 01,200.00 for each year of the term of this agreement. 9. It is agreed between the parties that First Party may terminate this agreement at the end of any year after the fourth year of the term hereof by giving sixty (60) days notice to Second Party prior to the end of such year and if this agreement —3— is so terminated then First Party shall pay to Second Party as reimbursement to said Second Party for a proportionate part of the cost of the im :rovements, such sum as may be agreed upon by the parties. In the event that the parties cannot agree upon such sum so to be paid to Second Party by First Party each of the parties hereto shall designate a person and the two eersons so designated shall designate a third and the three persons so designated shall act as a board of arbitration to fix the sum to be paid. 10. The parties agree that at the e-d of any :-ear after the fourth year of the term of this agreement, the amounts to be received by First Party under the terns hereof shall be increased to such a percentage and to such an amount as may be reaso :able and as may be agreed upon by the parties, provided that the First Party shall give sixty (60) days notice to Second Party prior to the end of such year that such increase is demanded. In the event that the parties cannot agree upon such an amount of increase, then and in that event each of the parties shall designate a person and the two persons so designated shall designate a third person and the three persons so designated shall act as a board of arbi- tration to determine the amount of such increase. 11. Second Party agrees that he will not transfer or assign this agreement or any part thereof without the written consent of the First Party, provided, however, that nothing herein contained shall prohibit the Second Party from transferring or assigning the interest of the Second Party in this afire rent to a Florida Corporation in which Second Party owns and shall continue to own a majority of the outstanding stock. 12. Second Party agrees to procure and to maintain in effect throughout the term of this agreement, eo1icies of insurance in amounts and with companies :o be approved by First Party which -If- shall indemnify and save harmless First Party against all loss, costs or dar:ae on account of any injury to persons or pro erty occurring in the maintenance and operation by Second Party of the docks, yacht basin and other premises under the terms of this agreement. 13 . This agreement shall be binding upon the heirs, administrators, executors, successors and assigns of the parties hereto. IN `FITNESS , HEREOF, First Party has caused t- is instru- ment to be executed in its name, by its Mayor and its official seal to be hereto affixed, and attested by the City Clerk, and Second ?arty has hereunto set his hand and seal the day and year first above written. CITY OF MIAMI BEACI By Mayor Attest: -71:77Clerk (First Party) (Seal) Signed, sealed and delivered (Second Party) in the presence of: As to Second Party -5- I a