73-14023 •
RESOLUTION NO. 73-14023
A RESOLUTION AUTHORIZING THE CITY OF
MIAMI BEACH, A FLORIDA MUNICIPAL CORPORA-
TION, TO EXECUTE A LEASE AGREEMENT WITH
THE LAGORCE ISLAND ASSOCIATION.
WHEREAS, the LaGorce Island Association is owner of
property located at 6595 Pine Tree Drive, known as LaGorce Island,
Miami Beach, Dade County, Florida, which property is more particu-
larly described as :
Lot 6, Subdivision of Block 5, LaGorce
Island, according to the Plat thereof
recorded in Plat Book 44 at page 56 of
Public Records of Dade County, Florida,
said portions of which are presently designated by Lessor as a
stashpile area, and
WHEREAS , the said Association through its duly authorized
officers, after negotiations, has agreed to lease certain agreed
upon space on said property to the City of Miami Beach, a Florida
municipal corporation, for use as a Trimmings Stash Area, to include
a method for ingress and egress to aforementioned space, for a
period of ten (10) years at a yearly rental of One Dollar ($1.00)
per year, and
WHEREAS, the City Attorney has prepared a lease agreement
with the terms of which the City Council is familiar, and
WHEREAS, the City Council deems it to be in the best
interest of the City to enter into said lease agreement,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk - .Finance Director be and they are hereby authorized and
directed to execute said lease agreement for and in behalf of the
said City of Miami Beach.
PASSED and ADOPTED this 6th day of June , 1973 .
OAAKehd—aLQ_ S.
Mayor
Attest:
'cting City C erk
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER czI
CITY HALL
( 1700 CONVENTION CENTER DRIVE
Si 0.LkTELEPHONE: 673-7010
LC
July 6, 1988 "JVN.D. .
Lewis W. Dymond, Esq.
Taylor, Brion, Buker & Greene
1111 South Bayshore Drive, 11th Floor
Miami, Florida 33131
RE: Termination of Lease between the City of Miami Beach
("City") and La Gorce Island Association ("Association")
Dear Mr. Dymond:
This is to confirm that the City of Miami Beach wishes to
terminate the Lease Agreement between the City and La Gorce
Island Association dated June 6, 1983 , which was entered into
pursuant to Resolution No. 73-14123, and which was extended for
an additional ten (10) year period pursuant to a letter from the
undersigned to your Association dated July 25, 1983 .
In consideration of your Association's concurrence in this
termination the City will agree to continue picking up trash at
the site of the former leased premises at 6595 Pine Tree Drive,
Miami Beach. This would be a mutual convenience inasmuch as the
Association will agree to encourage Association members to dump
yard clippings and other gardening materials at your designated
stash pile area. On the other hand, the City will have the
convenience of picking up at one site for all Association members
instead of numerous sites. To show the Association' s acceptance
of the terms herein, including the termination of the existing
lease, kindly have the Association President execute the enclosed
copy of this letter and return to my office.
Sincerely
�//". ' o
Ro'• W. Par ins
Ci y Manager
cc: Arnold M. Weiner, City Attorney
Richard L. Fosmoen, Assistant City Manager
Elaine Baker, City Clerk
PNB/mml
ec . 6 R.Mtn. e/
CITY OF MIAMI BEAC 5.
A0 , ,1,
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORID&kir -7
w i/A
OFFICE OF THE CITY MANAGER CITY HALL
// 1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
July 6, 1988
Lewis W. Dymond, Esq.
Taylor, Brion, Buker & Greene
1111 South Bayshore Drive, 11th Floor
Miami, Florida 33131
RE: Termination of Lease between the City of Miami Beach
("City") and La Gorce Island Association ("Association")
Dear Mr. Dymond:
This is to confirm that the City of Miami Beach wishes to
terminate the Lease Agreement between the City and La Gorce
Island Association dated June 6, 1983, which was entered into
pursuant to Resolution No. 73-14023 , and which was extended for
an additional ten (10) year period pursuant to a letter from the
undersigned to your Association dated July 25, 1983 .
In consideration of your Association's concurrence in this
termination the City will agree to continue picking up trash at
the site of the former leased premises at 6595 Pine Tree Drive,
Miami Beach. This would be a mutual convenience inasmuch as the
Association will agree to encourage Association members to dump
yard clippings and other gardening materials at your designated
stash pile area. On the other hand, the City will have the
convenience of picking up at one site for all Association members
instead of numerous sites. To show the Association's acceptance
of the terms herein, including the termination of the existing
lease, kindly have the Association President execute the enclosed
copy of this letter and return to my office.
Sincerely
0111°
c7
ic.. x
'ob Park ns 1 c ;,
City Manager ^- r- 0
cc: Arnold M. Weiner, City Attorney c�D C
Richard L. Fosmoen, Assistant City Manager = rn
Elaine Baker, City Clerk r
PNB/mml C.i7 rn
•
The above terms are hereby accepted and agreed to by
La Gorce Island Association
By: /i'(� -7 / //!.:---//1.',"i.t- Date: �� _r
(1��1xi
1 ! ' LAGORCE ISLAND ASSOCIATION, INC.
6595 PINETREE LANE
LAGORCE ISLAND
MIAMI BEACH, FLORIDA 33141
TELEPHONE 866-2062 -,
CITY .
i
August 8 , 1983
Lucia Allen Dougherty, Esquire
City Attorney
City of Miami Beach
P.O. 190000
Miami Beach, Florida 33119
Re: Renewel of Lease between City of Miami Beach
and La Gorce Island Association
Dear Ms. Dougherty:
Thank you for your kind letter of August 1 , 1983.
We acknowledge the exercise of the option to renew the
subject lease by the City of Miami Beach and hereby
signify our joint acceptance.
Your prompt and timely handling of this matter has
been most appreciated.
Respectfully,
LLewis W. Dymo d, President
For the Board
I OFFICE OF THE CITY ATTORNEY
6.4 SAvnir Weed
F L O R I D A
LUCIA ALLEN DOUGHERTY P.O.BIN 190000
CITY ATTORNEY .., �'�� MIAMI BEACH,FLORIDA 33119
TELEPHONE: 673-7470
August 1, 1983
Lewis W. Dymond, Esq.
Taylor, Brion, Buker & Greene
1451 Brickell Avenue, 5th Floor
Miami, Florida 33131
Re: Renewal of Lease between City of Miami Beach
and LaGorce Island Association
Dear Mr . Dymond:
I am writing you concerning the City Manager ' s letter of July 25, 1983 to
the LaGorce Island Association, a copy of which is enclosed.
The City Manager is authorized to exercise the option to renew the lease
agreement for the stashpile area for an additional ten (10) year period .
The lease was initially approved by City Commission Resolution No. 73-
14023, authorizing the Mayor to execute the lease, as required by §8 of
the Miami Beach City Charter , which reads, in part: "The Mayor shall
sign all deeds, contracts, bonds, . . . when authorized to do so by
ordinance or resolution of the City Commission. "
No local law requires the Mayor to exercise an option or that a
resolution be adopted to authorize the exercise of an option of an
existing agreement. Indeed, the agreement provides that the ten (10)
year term may be renewed by the Lessee (e,.g. , the City) without further
elaboration.
The City Manager routinely exercises such options on behalf of the City
and at times has also elected to exercise cancellations of agreements .
Therefore, it is our opinion that City Manager Rob W. Parkins is capable
of exercising the option to extend the LaGorce Island Association lease
as set forth in his letter .
"�P � e, � � FLORIDA 33119 - 7 �17 �
1 • Oil Vietatege e ea,e A
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OFFICE OF THE CITY MANAGER s 071',� i'// �'� J
ROB W.PARKINS / �, �� �1 CITY HALL
CITY MANAGER ,L/ ' !i--" 1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
July 25, 1983
Ms. Marie King
LaGorce Island Association
6595 Pine Tree Drive
Miami Beach, Florida 33141
Dear Ms. King:
The City of Miami Beach wishes to exercise its option to renew our Lease
Agreement for the stash pile area, as authorized by the City Commission
Resolution No. 73-14023, for an additional ten (10) year period.
The City of Miami Beach agrees to all terms and conditions of the Agreement
and will continue to maintain the specified insurance coverages during the option
period.
If you need any additional information, please do not hesitate to contact my
office.
.• • elyyo , /?
2- 411111111.14119-
R•• W. Parkins
C ty Manager
AGREEMENT
<_Y
THIS AGREEMENT made and entered into this 6th day
of June , 1973, by and between the CITY OF MIAMI BEACIi,
a Florida municipal corporation, hereinafter referred to as the
"Lessee, " which term includes its successors and assigns, and
LaGORCE ISLAND ASSOCIATION, hereinafter referred to as the "Lessor, "
which term includes its successors and assigns .
WITNESSETH
WHEREAS, the Lessor is presently the owner of the
property located at 6595 Pine Tree Drive, known as LaGorce Island,
Miami Beach, Dade County, Florida, which property is more particu-
larly described as :
Lot 6, Subdivision of Block 5, LaGORCE ISLAND,
according to the Plat thereof recorded in Plat
Book 44 at page 56 of the Public Records of
Dade County, Florida;
said portions of which are presently designated by Lessor as a
stashpile area, and
WHEREAS, the Lessor and Lessee, for and in consideration
of the satisfactory performance of the mutual covenants and repre-
sentations herein each to the other made, and for and •in considera-
1 tion of the compensation herein agreed to be paid by the Lessee to
1
the Lessor, do hereby agree :
1. That the Lessor hereby leases to the Lessee certain
agreed upon space, as delineated on the attached sketch, located
on the property hereinabove described for the purpose of providing
a Trimmings Stash Area, and further providing, as delineated on
the attached sketch, a method for ingress and egress to afore-
mentioned Trimmings Stash Area, which lease shall become effective
on the 1st day of July , 1973, and shall continue in
2 . The Lessee shall pay to the Lessor as yearly
rental the sum of One Dollar ($1. 00) per year, which payment
shall be made in the following manner:
One Dollar ($1. 00) per year, payable on
or before the first day of each year,
the first payment being due on the 1st
day of July , 1973 .
• 3. The Lessee agrees to obtain and maintain through
the period of this agreement, public liability insurance on
the aforesaid property, which insurance shall be issued by a
company or companies authorized to do business under the laws
of the State of Florida, the minimum limits of such insurance
to be in the following amounts :
Bodily Injury: One Hundred Thousand Dollars
($100 , 000. 00) for injury to one person;
Three Hundred Thousand Dollars ($300 ,000. 00)
for one accident.
Property Damage: Ten Thousand Dollars
($10, 000. 00) for one accident; Twenty Thousand
Dollars ($20, 000. 00) aggregate.
The Lessee further agrees that a certified copy or copies of
the policies of insurance evidencing such insurance as
described herein shall be filed with the Lessor by the Lessee
upon execution of this agreement, and such insurance shall
contain the following endorsement:
"Endorsement.
"The Lessee, the City of Miami Beach, a Florida
municipal corporation, hereby agrees to indemnify and save
harmless the LaGorce Island Association, its officers , agents
and employees, from all claims of bodily injuries to the public
and all damage to property of others, including costs of
investigation, all expenses of litigation, including reasonable
attorney ' s fees and the cost of appeals arising out of any such
corp-)r t to , f n t sp c l :ica t iy arta alscInctiy as:i c:
all responsibility for resorting any and all accidents , c 1
or suits arising out of or in any way connected with the afore-
said property. "
The Lessee further agrees that there shall be no
change or cancellation of this insurance without thirty ( 30)
days ' written notice provided to the Lessor.
4 . The Lessee hereby agrees not to assign this lease
without the prior written consent of the Lessor and that any
assignment of this lease by the Lessee without the prior written
consent of the Lessor shall in no way bind the Lessor.
5. The Lessee agrees to maintain the leased premises
in good and substantial repair and further agrees not to remove
any fixtures from the aforesaid premises without the prior
written consent of the Lessor.
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7. The Lessee agrees not to alter, modify, construct
or reconstruct the aforesaid leased premises without first
having obtained the written consent of the Lessor, and further
agrees that any furnishings, or other items which the Lessee
has placed upon the said premises shall be immediately removed
upon notification by the Lessee of the termination of this
Lease Agreement.
IN WITNESS WHEREOF , the Lessor has caused these
presents to be signed in its corporate name by its proper duly
authorized officers and its corporate seal to be hereunto
sand its corporate seal to be hereunto affixed, the day and yo.;r
first hereinabove written.
CITY OF MIAMI BEACH
abLAALAII.„
By
Mayor
Attest:
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g ' e cV5CY(Y.Gt14
Acting City Clerk
4/ 44(4X RAA4a
ogpitla4i LAGORCE ISLAND ASSOCIATION
By /2//
Attest:
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RESOLUTION NO. 73-14023
• A RESOLUTION AUTHORIZING THE CITY OF
MIAMI BEACH, A FLORIDA MUNICIPAL CORPORA-
TION, TO EXECUTE A LEASE AGREEMENT WITH
THE LAGORCE ISLAND ASSOCIATION.
WHEREAS , the LaGorce Island Association is owner of
property located at 6595 Pine Tree Drive, known as LaGorce Island,
Miami Beach, Dade County, Florida, which property is more particu-
larly described as :
Lot 6, Subdivision of Block 5, LaGorce
Island, according to the Plat thereof
recorded in Plat Book 44 at page 56 of
Public Records of Dade County, Florida,
said portions of which are presently designated by Lessor as a
stashpile area, and
WHEREAS , the said Association through its duly authorized
officers, after negotiations, has agreed to lease certain agreed
upon space on said property to the City of Miami Beach, a Florida
municipal corporation, for use as a Trimmings Stash Area, to include
a method for ingress and egress to aforementioned space, for a
period of ten (10) years at a yearly rental of One Dollar ($1.00)
der year, and
WHEREAS , the City Attorney has prepared a lease agreement
with the terms of which the City Council is familiar , and
•
WHEREAS , the City Council deems it to be in the best
interest. of the City to enter into said lease agreement ,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CIT" COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk - Finance Director be and they are hereby authorized and
directed to execute said lease agreement for and in behalf of the
said City of Miami Beach.
PASSED and ADOPTED this 6th day of June , 1973 .
Mayor
Attest:
fls4Acting C i ty C erk
<i __
- -
AGREEMENT
THIS AGREEMENT made and entered into this 6th day
of June , 1973, by and between the CITY OF MIAMI BEACH,
a Florida municipal corporation, hereinafter referred to as the
"Lessee, " which term includes its successors and assigns, and
LaGORCE ISLAND ASSOCIATION, hereinafter referred to as the "Lessor, "
which term includes its successors and assigns .
WITNESSETH
WHEREAS, the Lessor is presently the owner of the
property located at 6595 Pine Tree Drive, known as LaGorce Island,
Miami Beach, Dade County, Florida, which property is more particu-
larly described as :
Lot 6, Subdivision of Block 5, LaGORCE ISLAND,
according to the Plat thereof recorded in Plat
Book 44 at page 56 of the Public Records of
Dade County, Florida;
said portions of which are presently designated by Lessor as a
stashpile area, and
WHEREAS, the Lessor and Lessee, for and in consideration
of the satisfactory performance of the mutual covenants and repre-
sentations herein each to the other made, and for and .in considera-
tion of the compensation herein agreed to be paid by the Lessee to
the Lessor, do hereby agree :
1. That the Lessor hereby leases to the Lessee certain
agreed upon space, as delineated on the attached sketch, located
on the property hereinabove described for the purpose of providing
a Trimmings Stash Area, and further providing, as delineated on
the attached sketch, a method for ingress and egress to afore-
mentioned
fore-mentioned Trimmings Stash Area, which lease shall become effective
on the 1st day of July , 1973, and shall continue in
I
2. The Lessee shall pay to the Lessor as yearly
i
1 rental the sum of One Dollar ($1. 00) per year, which payment
shall be made in the following manner:
One Dollar ($1. 00) per year, payable on
or before the first day of each year,
the first payment being due on the 1st
day of July , 1973 .
• 3. The Lessee agrees to obtain and maintain through
the period of this agreement, public liability insurance on
the aforesaid property, which insurance shall be issued by a
company or companies authorized to do business under the laws
of the State of Florida, the minimum limits of such insurance
to be in the following amounts :
Bodily Injury: One Hundred Thousand Dollars
($100, 000 . 00) for injury to one person;
Three Hundred Thousand Dollars ($300 ,000. 00)
for one accident.
Property Damage: Ten Thousand Dollars
($10, 000. 00) for one accident; Twenty Thousand
Dollars ($20, 000. 00) aggregate.
The Lessee further agrees that a certified copy or copies of
the policies of insurance evidencing such insurance as
described herein shall be filed with the Lessor by the Lessee
upon execution of this agreement, and such insurance shall
contain the following endorsement:
"Endorsement.
"The Lessee, the City of Miami Beach, a Florida
municipal corporation, hereby agrees to indemnify and save
harmless the LaGorce Island Association, its officers , agents
and employees, from all claims of bodily injuries to the public
and all damage to property of others, including costs of
investigation, all expenses of litigation, including reasonable
attorney's fees and the cost of appeals arising out of any such
•'^ ici"71: corp-)ratton, S.nA 1 spec! :lca 11y arta a15L1nct1V .iss.1:71e
all responsibility for reporting any and all accidents , cl ► 1!
or suits arising out of or in any way connected with the afore-
said property. "
The Lessee further agrees that there shall be no
change or cancellation of this insurance without thirty (30)
days ' written notice provided to the Lessor.
4 . The Lessee hereby agrees not to assign this lease
without the prior written consent of the Lessor and that any
assignment of this lease by the Lessee without the prior written
consent of the Lessor shall in no way bind the Lessor.
5. The Lessee agrees to maintain the leased premises
in good and substantial repair and further agrees not to remove
any fixtures from the aforesaid premises without the prior
written consent of the Lessor.
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7. The Lessee agrees not to alter, modify, construct
or reconstruct the aforesaid leased premises without first
having obtained the written consent of the Lessor, and further
agrees that any furnishings, or other items which the Lessee
has placed upon the said premises shall be immediately removed
upon notification by the Lessee of the termination of this
Lease Agreement.
IN WITNESS WHEREOF , the Lessor has caused these
presents to be signed in its corporate name by its proper duly
authorized officers and its corporate seal to be hereunto
sand its corporate seal to be hereunto affixed, the day and ye.;;
first hereinabove written.
CITY OF MIAMI BEACH
i •
atAALQM...... -aa.J2.47N
By
Mayor
Attest:
AlarC4170
Acting City Clerk
eVUE,W,C61,,,e.g
igviatze LAGORCE ISLAND ASSOCIATION
LL? .
By
• Attest:
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0 1 �, ) LAGORCE ISLAND ASSOCIATION, INC.
6595 PINETREE LANE
LAGORCE ISLAND RECEIVED
MIAMI " C
MIAMI BEACH, FLORIDA 33141 r\CV..;
TELEPHONE 866-2062
CTI I•
August 8 , 1983
Lucia Allen Dougherty, Esquire
City Attorney
City of Miami Beach
P.O. 190000
Miami Beach, Florida 33119
Re: Renewel of Lease between City of Miami Beach
and La Gorce Island Association
Dear Ms. Dougherty:
Thank you for your kind letter of August 1 , 1983.
We acknowledge the exercise of the option to renew the
subject lease by the City of Miami Beach and hereby
signify our joint acceptance.
Your prompt and timely handling of this matter has
been most appreciated.
Respectfully,
14," Z
/in"),
ewis W. Dymo d, President
For the hoard
ti OFFICE OF THE CITY ATTORNEY
147(4,4n,
waie4
F L O R I D A
LUCIA ALLEN DOUGHERTY P.O.BIN 190000
MIAMI BEACH,FLORIDA 33119
CITY ATTORNEY � '.��h
TELEPHONE: 673-7470
August 1, 1983
Lewis W. Dymond, Esq.
Taylor , Brion, Buker & Greene
1451 Brickell Avenue, 5th Floor
Miami, Florida 33131
Re: Renewal of Lease between City of Miami Beach
and LaGorce Island Association
Dear Mr . Dymond:
I am writing you concerning the City Manager ' s letter of July 25, 1983 to
the LaGorce Island Association, a copy of which is enclosed.
The City Manager is authorized to exercise the option to renew the lease
agreement for the stashpile area for an additional ten (10) year period.
The lease was initially approved by City Commission Resolution No. 73-
14023, authorizing the Mayor to execute the lease, as required by S8 of
the Miami Beach City Charter , which reads, in part: "The Mayor shall
sign all deeds, contracts, bonds, . . . when authorized to do so by
ordinance or resolution of the City Commission. "
No local law requires the Mayor to exercise an option or that a
resolution be adopted to authorize the exercise of an option of an
existing agreement. Indeed, the agreement provides that the ten (10)
year term may be renewed by the Lessee (e,.g . , the City) without further
elaboration.
The City Manager routinely exercises such options on behalf of the City
and at times has also elected to exercise cancellations of agreements .
Therefore, it is our opinion that City Manager Rob W. Parkins is capable
of exercising the option to extend the LaGorce Island Association lease
as set forth in his letter .
LvaI K tf'- /-4 ;s1. / / I ell L'
7 . A, j
hi
4' I`� d''' FLORIDA3 3 1 1 9 .77 -- 7 �l
ict1r L. �
"VACA T ONLAND U. S. A " ,(� ,
: 1 iAl cvlaiLk\ ,-;77ve-‘`)\): 411/1"egl ,./
OFFICE OF THE CITY MANAGER / i'.1,1-.(4
fJ •j� 5,74-41,_:2:1---i- , `
ROB W.PARKINS i ,.( - 1 CITY HALL
CITY MANAGER �L� ---`— 1700 CONVENTION CENTER DRIVE
/"! TELEPHONE: 673-7010
July 25, 1983
Ms. Marie King
LaGorce Island Association
6595 Pine Tree Drive
Miami Beach, Florida 33141
Dear Ms. King:
The City of Miami Beach wishes to exercise its option to renew our Lease
Agreement for the stash pile area, as authorized by the City Commission
Resolution No. 73-14023, for an additional ten (10) year period.
The City of Miami Beach agrees to all terms and conditions of the Agreement
and will continue to maintain the specified insurance coverages during the option
period.
If you need any additional information, please do not hesitate to contact my
office.
'• - ely yo , le..?,
R.. W. Parkins
C ty Manager