95-21817 Reso RESOLUTION NUMBER 95-21817
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING
THE EXECUTION OF TWO (2) SHORT TERM LEASES WITH PICTURE
PERFECT PRODUCTIONS, INC. AND YACHT CLUB SOUTHEASTERN,
INC./SUNSET HARBOUR, INC. RESPECTIVELY, FOR PARKING
ACCESS ON THE CITY PROPERTY LOCATED AT 1923 BAY ROAD,
MIAMI BEACH (FORMER FP&L MAINTENANCE FACILITY).
WHEREAS, Picture Perfect Productions and Yacht Club Southeastern,
Inc./Sunset Harbour, Inc. through their designated representatives have expressed an
interest to enter into a short term lease agreements for parking access; and
WHEREAS, the City owns the property located at 1923 Bay Road, Miami Beach,
Florida, from which short term parking access is requested; and
WHEREAS, the parties have executed the attached short term lease
agreements, subject to final approval by the Mayor and City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the execution of two
(2) short term leases with Picture Perfect Productions, Inc. and Yacht Club
Southeastern, Inc./Sunset Harbour, Inc. respectively, for short term parking access on
the City property located at 1923 Bay Road, Miami Beach (former FP&L Maintenance
Facility) is retroactively approved.
Passed and Adopted this 21st day of November 95.
MAYOR
ATTEST:
/Ca
CITY CLERK FORM A. PROvF_u
LEGALDEPT.
By �,� r46/1--
Date , / I/Ldn
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 7 3 ` - 95
TO: Mayor Seymour Gelber and DATE: November 21, 1995
Members of the City Commission
FROM: Jose Garcia-Pedrosa//
City Manager /
SUBJECT: A RESOLUTION R-'-OACTIVELY APPROVING THE EXECUTION OF
TWO SHORT-TERM LEASE AGREEMENTS BETWEEN THE CITY AND
PICTURE PERFECT PRODUCTIONS, INC. AND YACHT CLUB
SOUTHEASTERN, INC./SUNSET HARBOUR, INC. FOR PARKING
ACCESS ON THE CITY PROPERTY LOCATED AT 1923 BAY ROAD,
MIAMI BEACH, FLORIDA.
ADMINISTRATION RECOMMENDATION
The Administration recommends the Mayor and City Commission approve the
Resolution.
Background
The City acquired the subject property from FP&L in July, 1995. A Request for Proposals
for companies interested in developing the site as a supermarket is pending City review,and
it will be several months before the final disposition of the site will be determined. In the
interim, the property is vacant and susceptible to vandalism.
Both Picture Perfect Productions, Inc. and Yacht Club Southeastern, Inc./Sunset Harbour,
Inc. approached the City to lease the site for temporary parking access.
Allowing Picture Perfect Productions, Inc. and Yacht Club Southeastern, Inc./Sunset
Harbour, Inc. to utilize the site for parking will produce a small amount of revenue
($2,300/month total) for the City, free up additional street parking in the area and help to
protect the site from vandalism.
The major terms of the lease agreements are as follows:
1. The lessees agree to abide by the terms and conditions of our month-to-month lease.
2. The lessees each shall pay the sum of$1,150/month in advance.
3. The leases may be terminated by either party upon 30 days written notification.
4. The term of the lease agreements shall not exceed one year.
AGENDA ITEM C ~i b
JGP/pl/bdh DATE -9 5
LEASE AGREEMENT
This lease agreement is entered into this tenth day of October, 1995, by and between the CITY OF
MIAMI BEACH, FLORIDA (Lessor or City) and YACHT CLUB SOUTHEASTERN, INC. and
SUNSET HARBOUR MARINA, INC. (Lessee or YCS & SHM).
WHEREAS,YCS & SHM through its designated representatives has expressed an interest
to enter into a lease agreement for parking access; and
WHEREAS, the City owns the property located at 1920 West Avenue, Miami Beach,
Florida(Subject Property) from which parking access is requested; and
WHEREAS,the City has previously entered into similar arrangements with other businesses
throughout the City.
NOW,THEREFORE, in consideration of the Subject Property,terms and for other good
and valuable consideration,the Lessor and Lessee hereby agree as follows:
1. Lessor leases to Lessee the following:
a. The open, paved area included in the southern half of the City owned facility located
at 1920 West Avenue, Miami Beach, Florida 33139.
2. The Subject Property shall be used by and for the employees,contractors,agents,members
and invitees of YCS & SHM, 24 hours per day, seven days per week, holidays included.
3. The lease rate for the Subject Property shall be $1,150.00 per month, including all
applicable Florida State Sales Taxes, but excluding all other costs including but not limited to
utilities,permits and licenses.
4. The monthly lease payments shall be made, in advance, to the City of Miami Beach,
Office of Management and Budget, 1700 Convention Center Drive, Miami Beach,Florida 33139.
5. Lessee shall procure and maintain during the term of this lease, liability coverage
including Bodily Injury and Property Damage,in an amount no less than$1,000,000.00 per person
per occurrence. Said insurance shall provide primary coverage of the Subject Property and shall
name the Lessor as an Additional Insured. This coverage, primary to all other coverage which the
City holds, shall be insured by an insurance company duly authorized to do business in the State of
Florida and rated A:X or better per A.M. Best's Key Rating Guide (latest edition). Lessee shall
furnish Lessor with a certificate disclosing the type and amount of insurance obtained and providing
that the policy may not be cancelled or materially altered except upon ten(10) days written notice
to the Lessor. This certificate must be reviewed and approved by the Lessor's Risk Manager.
6. Lessee agrees to indemnify and save harmless the City of Miami Beach, its officials,
agents and invitees to make defense against any and all claims, action, demands, suits, liabilities,
damages and payments, in tort or in loss for injuries to or deaths of persons or damages to property
caused by any act or failure to act of the Lessee or its employees,servants,agents,members, invitees
or guests.
7. This lease shall be subject to cancellation by either party, without cause and for
convenience, upon fifteen(15) days written notice by certified mail or hand delivery as follows:
TO LESSOR: Jose Garcia-Pedrosa, City Manager
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
TO LESSEE: Larry Jankins, V.P. Construction
Yacht Club Southeastern, Inc.
Sunset Harbour Marina, Inc.
11098 Biscayne Blvd., Suite 402
Miami, Florida 33161
8. The exercise of rights of cancellation under this lease may be with or without cause for
either party. In the event of cancellation, as provided for in paragraph 7 above, the Lessee shall
receive a prorated refund for the portion of the lease cancelled.
9. The term of this lease agreement shall be on a month-to-month basis, commencing on
October 10, 1995,but in no event exceeding said month-to-month term after September, 1996 upon
which time this lease shall terminate and be of no further force or effect. The lease shall be continue
on a month-to-month basis,with all rates and terms,until cancellation by either party.
10. This lease shall not be assigned or sublet.
11. The Lessee will maintain and operate the Subject Property in a sanitary condition and in
accordance with all Federal, State and Local Environmental agency regulations and the rules,
regulations, ordinances and permits of the City of Miami Beach.
12. The City reserves the right to enter upon any part of the Subject Property at any time.
13. The lessee agrees it will use the Subject Property solely for parking of its vehicles only.
No other business shall be conducted on the Subject Property without the specific prior written
approval of the City Manager.
14. Lessee shall provide its own security throughout its occupancy of the Subject Property.
It is expressly agreed and understood that the Lessor shall not in any way be or assume responsibility
for the personal safety of the Lessee's employees, invitees, contractors, agents or any other person
entering the Subject Property in conjunction with this agreement, as well as any equipment or
personal property brought onto the Subject Property where there is result of loss,theft, damage or
any other type of casualty which may occur.
•
15. Lessee,at its sole cost and expense,shall maintain(or cause to be maintained)the Subject
•
Property in a clean and orderly condition,not allowing refuse or debris to accumulate, including but
not limited to maintaining the general grass and other landscaping in and around the Subject
Property in the same condition to which same was maintained by the Lessor prior to commencement
of this agreement. Lessee shall repair any damage caused as a result of its use of the Subject
Property under this agreement. Failure to maintain the Subject Property may result in Lessor
revoking the Agreement or providing for clean-up services and charging the costs of this service
back to the Lessee.
16. Upon expiration or other termination of the Agreement, Lessee shall immediately
surrender possession of the Subject Property to the Lessor in substantially the same condition in
which the Lessee was required to maintain same hereunder, except for damage by fire or other
natural disaster. Lessee agrees to restore the Subject Property to its condition immediately preceding
the commencement of this Agreement. If within ten(10)days following the occurrence,Lessee fails
to repair or replace any damage to the Subject Property by the Lessee, its agents, employees or
invitees, the Lessor may, at its option, cause all required renovations, repairs, maintenance or
replacements to be made, and Lessee will be charged for all costs.
17. The City desires to enter into this agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of$1,000.00.
Lessee hereby expresses its willingness to enter into this Agreement with the Lessee's recovery from
the City for any damage action for breach of contract to be limited to a maximum amount of
$1,000.00.
Accordingly,and not withstanding any other term or condition of this Agreement, Lessee
hereby agrees that the City shall not be liable to the Lessee for damages in an amount in excess of
$1,000.00 for any action or claim for breach of contract arising out of the performance or non-
performance of any obligations imposed upon the City by this Agreement. Nothing contained in this
paragraph or elsewhere in this agreement is in any way intended to be a waiver of the limitation
placed upon the City's liability as set forth in Florida Statutes, Section 768.28
WHEREFORE,the parties hereto have caused their proper officers to affix their signatures
and seals on the date first set forth above.
CITY OF MIAMI BEACH ATTEST:
! A ��.
iv MANAGER TY CLERK
ACHT CLUB SOUTHEASTERN, INC.
SUNSET HARBOUR MARINA, INC. FORM APPROVED
LEGAL DEPT
F-I-tmjaA) By :7
AUTHORIZED REPRE ENTATIVE J
Date 10/ 3 0
LEASE AGREEMENT
This lease agreement is entered into this tenth day of October, 1995,by and between the CITY OF
MIAMI BEACH, FLORIDA (Lessor or City) and PICTURE PERFECT PRODUCTIONS, INC.
(Lessee or Picture Perfect).
WHEREAS,Picture Perfect through its designated representatives has expressed an interest
to enter into a lease agreement for parking access; and
WHEREAS,the City owns the property located at 1923 Bay Road, Miami Beach, Florida
(Subject Property)from which parking access is requested; and
WHEREAS,the City has previously entered into similar arrangements with other businesses
throughout the City.
NOW,THEREFORE,in consideration of the Subject Property,terms and for other good
and valuable consideration,the Lessor and Lessee hereby agree as follows:
1. Lessor leases to Lessee the following:
a. The open,paved area included in the northern half of the City owned facility located
at 1923 Bay Road, Miami Beach,Florida 33139.
b. Garage Bays#5  within the northern building on the subject property.
2. The Subject Property shall be used solely for and by the employees of Picture Perfect,24
hours per day, seven days per week, holidays included, except that, Picture Perfect may sublet up
to ten parking spaces to,and only to, Car Doctors, Inc., Miami Beach,Florida.
3. The lease rate for the Subject Property shall be $1,150.00 per month, including all
applicable Florida State Sales Taxes, but excluding all other costs including but not limited to
utilities, permits and licenses.
4. The monthly lease payments shall be made, in advance, to the City of Miami Beach,
Office of Management and Budget, 1700 Convention Center Drive,Miami Beach, Florida 33139.
5. In the event that the lease on the southern half of the Subject Property which is currently
being leased to Yacht Club Southern, Inc., is terminated and if the City desires to again lease the
Subject Property, Picture Perfect will have the first option to lease the remainder of the Subject
Property for an additional fee of $1,150.00 per month with the same terms and conditions as
established in this lease agreement.
6. Lessee shall procure and maintain during the term of this lease, liability coverage
including Bodily Injury and Property Damage, in an amount no less than$1,000,000.00 per person
per occurrence. Said insurance shall provide primary coverage of the Subject Property and shall
name the Lessor as an Additional Insured. This coverage,primary to all other coverage which the
City holds,shall be insured by an insurance company duly authorized to do business in the State of
Florida and rated A:X or better per A.M. Best's Key Rating Guide (latest edition). Lessee shall
furnish Lessor with a certificate disclosing the type and amount of insurance obtained and providing
that the policy may not be cancelled or materially altered except upon ten(10)days written notice
to the Lessor. This certificate must be reviewed and approved by the Lessor's Risk Manager.
7. Lessee agrees to indemnify and save harmless the City of Miami Beach, its officials,
agents and invitees to make defense against any and all claims, action, demands, suits, liabilities,
damages and payments,in tort or in loss for injuries to or deaths of persons or damages to property
caused by any act or failure to act of the Lessee or its employees,servants,agents,members,invitees
or guests.
8. This lease shall be subject to cancellation by either party, without cause and for
convenience,upon fifteen(15)days written notice by certified mail or hand delivery as follows:
TO LESSOR: Jose Garcia-Pedrosa, City Manager
City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,Florida 33139
TO LESSEE: Judd M. Allison
Picture Perfect Productions,Inc.
1674 Meridian Avenue, Suite 106
Miami Beach,Florida 33139
9. The exercise of rights of cancellation under this lease may be with or without cause for
either party. In the event of cancellation, as provided for in paragraph 8 above, the Lessee shall
receive a prorated refund for the portion of the lease cancelled.
10. The term of this lease agreement shall be on a month-to-month basis, commencing on
October 10, 1995,but in no event exceeding said month-to-month term after September, 1996 upon
which time this lease shall terminate and be of no further force or effect. The lease shall be continue
on a month-to-month basis,with all rates and terms,until cancellation by either party.
11. This lease shall not be assigned or sublet, except as noted in paragraph 2 herein.
12. The Lessee will maintain and operate the Subject Property in a sanitary condition and in
accordance with all Federal, State and Local Environmental agency regulations and the rules,
regulations, ordinances and permits of the City of Miami Beach.
13. The City reserves the right to enter upon any part of the Subject Property at any time.
14. The lessee agrees it will use the Subject Property solely for parking of its vehicles and for
the storage of clean,dry materials within the garage bays only. No other business shall be conducted
on the Subject Property without the specific prior written approval of the City Manager.
15. Lessee shall provide its own security throughout its occupancy of the Subject Property.
It is expressly agreed and understood that the Lessor shall not in any way be or assume responsibility
for the personal safety of the Lessee's employees, invitees, contractors, agents or any other person
entering the Subject Property in conjunction with this agreement, as well as any equipment or
personal property brought onto the Subject Property where there is result of loss,theft, damage or
any other type of casualty which may occur.
16. Lessee,at its sole cost and expense,shall maintain(or cause to be maintained)the Subject
Property in a clean and orderly condition,not allowing refuse or debris to accumulate, including but
not limited to maintaining the general grass and other landscaping in and around the Subject
Property in the same condition to which same was maintained by the Lessor prior to commencement
of this agreement. Lessee shall repair any damage caused as a result of its use of the Subject
Property under this agreement. Failure to maintain the Subject Property may result in Lessor
revoking the Agreement or providing for clean-up services and charging the costs of this service
back to the Lessee.
17. Upon expiration or other termination of the Agreement, Lessee shall immediately
surrender possession of the Subject Property to the Lessor in substantially the same condition in
which the Lessee was required to maintain same hereunder, except for damage by fire or other
natural disaster. Lessee agrees to restore the Subject Property to its condition immediately preceding
the commencement of this Agreement. If within ten(10)days following the occurrence,Lessee fails
to repair or replace any damage to the Subject Property by the Lessee, its agents, employees or
invitees, the Lessor may, at its option, cause all required renovations, repairs, maintenance or
replacements to be made, and Lessee will be charged for all costs.
18. The City desires to enter into this agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of$1,000.00.
Lessee hereby expresses its willingness to enter into this Agreement with the Lessee's recovery from
the City for any damage action for breach of contract to be limited to a maximum amount of
$1,000.00.
Accordingly,and not withstanding any other term or condition of this Agreement, Lessee
hereby agrees that the City shall not be liable to the Lessee for damages in an amount in excess of
$1,000.00 for any action or claim for breach of contract arising out of the performance or non-
performance of any obligations imposed upon the City by this Agreement. Nothing contained in this
paragraph or elsewhere in this agreement is in any way intended to be a waiver of the limitation
placed upon the City's liability as set forth in Florida Statutes, Section 768.28
WHEREFORE,the parties hereto have caused their proper officers to affix their signatures
and seals on the date first set forth above.
CITY OF MIAMI BEACH ATTEST:
/4(L44
ITY MANAGER ITY CLERK
PICTURE PERFECT PRODUCTIONS, INC.
A A •. : A
P:. SENT
FORM APPROVED
LEGAL DEPT.
By 1/ nJi4
Date . l 61 zb f%