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
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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
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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
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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
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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
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