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RESOLUTION 90-20013 RESOLUTION NO. 90-20013 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A RENTAL AGREEMENT BY AND BETWEEN THE CITY AND COASTAL TUG AND BARGE, INC. , FOR THE USE OF THE BULKHEAD ON CITY PROPERTY ON TERMINAL ISLAND AT 140 MACARTHUR CAUSEWAY FOR THE TEMPORARY DOCKING OF BARGES AND TUGBOATS WHEREAS, pursuant to City Commission Resolution No. 79-15897, approved May 2 , 1979, the City of Miami Beach (hereinafter "City") entered into an agreement with Belcher Oil Company, (hereinafter "Belcher") whereby the City purchased from Belcher a parcel of land on Terminal Island; and WHEREAS, pursuant to that same resolution, the City entered into an agreement with Belcher whereby Belcher was permitted to rent from the City use of a portion of the bulkhead adjacent to the property purchased by the city. This access was for the purpose of docking on a temporary basis fueling barges and/or tugboats owned and/or operated by Belcher. WHEREAS, Coastal Tug and Barge, Inc. , a Florida Corporation (hereinafter "Coastal") the successor of Belcher Oil Company, is desirous of renting said bulkhead from the City of Miami Beach; and WHEREAS, the City Manager has prepared a new rental agreement for the use of the bulkhead by Coastal and the City Attorney has approved it as to form. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and the City Clerk are hereby authorized to execute the rental agreement attached hereto by and between the City and Coastal Tug and Barge, Inc. , for the use of the bulkhead on Terminal Island at 140 MacArthur Causeway, for a one year period commencing June 28, 1990. PASSED AND ADOPTED THIS 20th DAY OF June , 1990. - /roll" AleAkilt MAYOR ATTEST: -/°J0-4-t- 4\ FORM APPROVED CITY CLERK LE L DEPT. HCM: ses . Date 2/ 00 4 Nutme, veetex FLORIDA 3 3 1 3 9 i*4 INCOR/ORATED *. "VACA TIONLANU U. S. A." h, OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 *6--go COMMISSION MEMORANDUM NO. DATE: June 20 , 1990 TO: Mayor Alex Daoud - - Members cf t - ity Commi ,i0 0 FROM: Rob W. Pa ins i ,� CityManager I 4� 1 SUBJECT: RENTAL AGREEMENT WITH COASTAL TUG AND BARGE, INC. FOR USE OF SEAWALL AT TERMINAL ISLAND FOR TEMPORARY DOCKING OF VESSELS HISTORY AND BACKGROUND: Pursuant to City Commission Resolution No. 79-15897, the City entered into an agreement with Belcher Oil Company for the purchase of certain property on Terminal Island. In part that agreement provided for the ongoing use of the seawall by Belcher for the temporary docking of barges, tugboats and other vessels under its operation. The compensation to the City under that agreement is $9,250. 00. In recent months Belcher Oil Company was acquired by Coastal Tug and Barge, Inc. , although all operations pertaining to the use of the seawall continue in effect., The City Administration recently negotiated a new proposed rental agreement for the successor company' s continued use of the seawall including the following revisions: (1) Clarifying that the agreement is for use of the seawall only; no parking of automobiles on the premises adjacent to the seawall is authorized. (2) Updating the indemnification and insurance provisions in accordance with current City policy. (3) Increasing the annual rent to $11, 560 (an increase of 25%) . ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve a Resolution authorizing the Mayor and City Clerk to execute a rental agreement with Coastal Tug and Barge, Inc. for use of the seawall at Terminal Island for the temporary docking of vessels operated by the company. L . 1 RWP:EJD:HCM:ses AGENDA ITEM .- • 2L) (j DATE - I AGREEMENT This agreement (hereafter "Agreement") is made and entered into this 14 day of June , 1990, by and between the City of Miami Beach as Lessor (hereafter "City") and Coastal Tug and Barge, Inc. , A Subsidiary of the Coastal Corporation (hereafter as "Coastal") . WITNESSET H: 1. Premises and Use: City hereby agrees to rent to Coastal and Coastal hereby agrees to rent from City the right to use the two hundred feet (200 ' ) of bulkhead adjacent to that tract of land more particularly described in Exhibit A, attached hereto and incorporated herein by reference, for the purpose of docking on a temporary basis, fueling barges, tugboats or other vessels owned or operated by Coastal. Notwithstanding any other provision of this Agreement, the use authorized pursuant to this Agreement pertains to those vessels owned or operated by Coastal and does not extend to any other use by any other party. No parking or storage of automobile vehicles on the premises adjacent to the bulkhead is authorized by this Agreement; the scope of this Agreement is limited exclusively to the use of the bulkhead. 2 . Term and Cancellation: Coastal is to have and to hold the above-described premises for the term of one (1) year commencing June 28, 1990. This lease shall be automatically renewable for subsequent terms of one (1) year each until notice of cancellation is given as indicated below: This lease shall be subject to cancellation by either party upon ninety (90) days written notice by certified mail or hand delivery as follows: • -1- To Lessor: Mr. Rob W. Parkins City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 To Lessee: Mr. Eric A. Evans Coastal Tug and Barge, Inc. P.O. Box 025500 Miami, Florida 33102 3 . Rent: Coastal shall pay to the City, without demand, for each and every year this Agreement is in effect, the sum of Eleven Thousand Five Hundred Sixty ($11, 560. 00) Dollars. Rent payments hereunder shall be due and payable on the anniversary of this Agreement each year. Failure to pay by the 10th day following the anniversary date shall constitute a default under this Agreement; and in the event of such failure to pay within the ten (10) day period, City shall have the right to forthwith terminate Coastal 's rights under this Agreement without further notice. Rent payments shall be made to: City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, (Attention: Purchasing Division, Contract Administrator) . 4 . Insurance: Coastal shall procure and maintain, during the term of this lease, liability coverage including Personal Injury and Property Damage in an amount not less than $500, 000 per person or occurrence. Said insurance shall provide for primary coverage to all other self-insurance coverage the City has, and shall be issued by an insurance company duly authorized to do business in the State of Florida and rated B+:VI or better per A.M. Best' s Key Rating Guide, latest edition. Coastal shall furnish City a certificate disclosing the type and amount of insurance obtained and providing that the policy may not be cancelled or materially altered except upon thirty (30) days written notice to City. -2- Coastal shall also procure and maintain, during the term of this Agreement, worker's compensation coverage within the statutory limits of the State of Florida. It is agreed by the parties that Coastal shall not occupy the premises until proof of insurance as provided herein is provided. 5. Indemnification .Clause: Coastal shall indemnify, defend and save the City and its officers, agents and employees harmless from any and all claims, liability, losses and causes of actions arising out of any willful or negligent act, error or omission of Coastal, its subcontractors, agents, or employees or other persons under Coastal 's supervision or control, relating in any way to this Agreement or arising out of or due to Coastal 's breach of this Agreement; and Coastal shall pay all such claims and losses and defend all such suits in the name of the City, and shall pay all costs and judgments which may issue thereon. 6 . Assignment and Subletting: Coastal shall have no right to assign or sublet this lease without the prior written consent of the City Manager of the City of Miami Beach. 7 . Maintenance: Coastal hereby accepts the bulkhead in its present "as is" condition and Coastal agrees to maintain the bulkhead by providing for structural and other repair as needed and maintenance of the surrounding landscape. Coastal is authorized to install, at its sole cost and expense, bumper materials to the pilings of the bulkhead. -3- IN WITNE9H WHEREOF, the parties have executed this Agreement the day and year written above. COASTAL TOA AND BARON, 11I0. A Subsidiary of the Coastal Corporation ATTEST I //f BY's ar)41/3, e gnature Eric A. Evans - Mana er Inland O erations Stam• Typ• or pr � •a/s TTEBT: CITY OF MIAMI BEACH if BY: ITY CLERK CE-MAYOR (CORPORATE SEAL) FORM APPROVED LEGAL DEPT. Date ‘479e HCM:ses -4- Exhibit "A" .fir��r•�.�••••.�•••�r��.►���.rr • • • . . . 6A5C4y.ve 194Y *-:- . -1 0 . . › -.LP, . 0, •..• ..• - .)► • . . . • . ,,,,,__ - r Cs:7 _fr .0. s w y • NP4 .°Z*. 1 11111311 • •tea' ' / 111: . s .• P \ % tv N.q- ••., ale. fir' \,\ \ % . • .... C4.10 ., Ci 003...‘ .. . • . A 1) — '7 ...- is' .. . CI 0 N 0 • Q 13' NN • .N o . \NN.\-C.fri.a. ;- • g UN .0,1 .- /� CFS .: . IA'°.SI. 't .s • • ' • vaRD • ‘c.... a ."0 • '. •‘ \ O 14. , •... \N, . . . • „i • • `�� •00'. - . .i. . - • • .: : . .• . . , • ••.: • .- . • . • \,, • •O• k........ . N -.• \\* ' k ..........„ RENTED PREMISES - \'''' % -.\.... 5.• . . , . . CN • . a • • �0. '''S. o 1:it -.vie1-o, . . c. -4.- . II... IC\ -u--1 co ..... 4..0 ti.-3 . ....\ -7.... u‘ . 0 iz, • . ---&. . --L. • -D. .. . . r • . • • t • ORIGINAL RESOLUTION NO. 90-20013 Authorizing the Mayor and the City Clerk to execute a rental agreement by and between the City and Coastal Tug and Barge, Inc. , for th euse of the Bulkhead on City property on Terminal Island at 140 MacArthur Causeway for the temporary docking of barges and tugboats.