98-22961 RESO
RESOLUTION NO.
98-22961
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A
PARKING LEASE AGREEMENT WITH THE NATIONAL
MARINE MANUFACTURERS ASSOCIATION BOAT SHOW FOR
THE PREFERRED PARKING LOT AND RELATED OUTSIDE
SP ACE; PROVIDING FOR ADDITIONAL TRAILER STORAGE
SPACE; AND SERVICES TO BE PROVIDED BY THE CITY'S
PARKING DEPARTMENT; SAID LEASE FOR SPECIFIC DATES
IN FEBRUARY 1999, 2000, AND 2001; RUNNING
CONCURRENTLY WITH THE NMMA BOAT SHOW LEASE
WITH SMG FOR THE MIAMI BEACH CONVENTION CENTER.
WHEREAS, the National Marine Manufacturers Association (NMMA) Boat Show has
entered into a Lease Agreement with SMG for the lease of the Miami Beach Convention Center for
specific dates in February 1999,2000, and 2001; and
WHEREAS, the NMMA Boat Show also needs to lease the Preferred Parking Lot, related
outside space, and additional trailer storage space, to extend its exhibit space from the interior of the
Convention Center; and
WHEREAS, the NMMA Boat Show needs to obtain services to be provided by the City's
Parking Department to effect a successful move-in and move-out of the show; and
WHEREAS, the NMMA Boat Show has leased said premises, and obtained said services
from the City for the Boat Show, for the past five (5) years; and
WHEREAS, the Administration t-<ls negotiated the attached new Parking Lease Agreel"'ent
with the NMMA Boat Show for specific dates in February 1999,2000, and 2001; and
WHEREAS, said Agreement shall run concurrently with the NMMA Lease Agreement with
SMG for the Miami Beach Convention Center; and
WHEREAS, said Lease Agreement increases the net return to the City over the previous
Lease Agreement, and transfers the responsibility for daily cleaning and maintenance of the leased
premises from the City, to the NMMA Boat Show.
NOW, THEREFORE, BE IT nUL Y RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission, herein
approve and authorize the Mayor and City Clerk to execute the attached Parking Lease Agreement,
with the National Marine Manufacturers Association Boat Show for the lease of the Preferred
Parking Lot and related outside areas, and the provision of specified services by the City's Parking
Department, for specific dates in February 1999,2000, and 2001.
PASSED AND ADOPTED this 4th day of November
, 1998
,.
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I
MAYOR
ATTEST:
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CITY CLERK
SR/CMC/JG
A:\99BS\BOA TLEAS.RES
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
1tImM,
City Attorney --
L0(IJ~
Date
GITY OF MIAMI BEACH
~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM No.1 S j -9 f
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Sergio Rodriguez .J:C
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City Manager ,,/ (~/ <' ,-
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A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A PARKING
AGREEMENT LEASE WITH THE NMMA BOAT SHOW FOR THE
PREFERRED PARKING LOT AND RELATED OUTSIDE SPACE;
ADDITIONAL TRAILER STORAGE SPACE; AND SERVICES TO BE
PROVIDED BY THE CITY'S PARKING DEPARTMENT, FOR SPECIFIC
DATES IN FEBRUARY 1999; 2000; AND 2001, SAID LEASE RUNNING
CONCURRENTL Y WITH THE BOAT SHOW LEASE WITH SMG FOR
THE MIAMI BEACH CONVENTION CENTER.
DATE: November 4,1998
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On April 16, 1993, the City of Miami Beach entered into a Lease Agreement with NMMA
(National Marine Manufacturers Association) for specific days in February 1994, 1995, 1996, 1997
and 1998 for the NMMA Miami International Boat Show, for the rental ofthe Preferred Parking Lot
and related public areas as extended exhibit space. The Parking Lease Agreement ran concurrent
with the NMMA lease of the Miami Beach Convention Center.
The NMMA Miami International Boat Show has entered into a Lease Agreement with SMG for the
rental of the Miami Beach Convention Center for specific dates in February 1999,2000 and 2001.
The NMMA desires to continue the rental of the Preferred Parking Lot and other areas as extended
exhibit space. The attached lease embodies the proposed Lease Agreement for the parking lot and
related areas, and runs concurrent with the NMMA lease of the Miami Beach Convention Center.
ANALYSIS:
The lease dated April 16, 1993 commanded a rental rate of $ 51,315.28 plus applicable taxes. The
Lease Agreement covered the rental of the following locations: the Preferred Parking Lot located
between Convention Center Drive and Meridian Avenue, and 18th Street and 19th Streets; the 5-H
surface parking lot (Holocaust Lot), at 19th Street and Meridian Avenue; Convention Center Drive
AGENDAITEM a-l .G
DATE~?5
right-of-way, from Dade Boulevard to 17th Street; 19th Street right-of-way, from Meridian Avenue
to Convention Center Drive; 18th Street right-of-way, from Meridian Avenue to Convention Center
Drive. The Lease Agreement also included the following services: bagging of all meters on the east
side of Meridian Avenue between 17th Street and 19th Street, to accommodate pick-up stops for
Boat Show Shuttles; the removal of parking meters and poles on the Convention Center Drive
between 17th Street and Dade Boulevard; the removal of all parking regulatory signs in the Preferred
Parking Lot and on Convention Center Drive; and the use of the 5-A West surface parking lot
located between Lincoln Lane North and 17th Street, Drexel Avenue and Pennsylvania Avenue to
accommodate marshaling (move-in) of the vessels. In addition, the Boat Show rented the surface
parking lot at 27th Street and Indian Creek at the rate of $3,000 plus applicable sales tax.
In the previous lease, the City, through its Parking Department, was also responsible for the daily
and continuous maintenance and clean up of public areas, and the removal of trash from the areas
leased during the term of the Lease Agreement. Last year, the continuous cleaning of the leased
areas cost the City $18,584.40. With the proposed Lease Agreement, this responsibility shall rest
solely with the NMMA Boat Show.
CONCLUSION:
The Lease Agreement proposed for the 1999,2000 and 2001 Boat Shows commands a rental rate
for all areas and services in the amount of $51,000 per year; and the proposed Lease Agreement
eliminates the City's responsibility to provide cleaning services throughout the event, and after the
event. With the elimination of the City providing cleaning services for the duration of the Boat
Show, the City realizes over $18,000 in savings. When adding the proposed rental rate of $51 ,000
to the savings of $18,584.40 for cleaning services, the City will increase its return from the show
annually from $54,315.28, to $69,584.40. The proposed lease represents a consensus document, and
is in the best interest ofthe City of Miami Beach. The Administration recommends approval of the
Resolution and the Lease Agreement.
SR/CMC/;~
I \
T :\AG ENDA \NQ~{Q.4-9'8\REG ULAR \BSHO W. 99
PARKING LEASE AGREEMENT
FOR NATIONAL MARINE MANUF ACTURERS ASSOCIATION BOAT SHOW
This Lease Agreement made this .!I!J. day of M UI:Il1 ;JtIL, 1998 by and between the
,
CITY OF MIAMI BEACH, a Florida Municipal Corporation (Lessor), whose address is 1700
Convention Center Drive, Miami Beach, Florida 33139, and NATIONAL MARINE
MANUFACTURERS ASSOCIATION (Lessee), whose address is 400 Arthur Godfrey Road, Suite
310, Miami Beach, Florida 33140.
WITNESSETH:
WHEREAS, the Lessee has entered into an Agreement with SMG for lease of the Miami
Beach Convention Center (Main Lease) for specific days in February of 1999,2000, and 2001, for
the Miami International Boat Show, subject to the right of cancellation by the City of Miami Beach
at any time after completion of the 2001 show; and
WHEREAS, Lessee wishes to lease the Preferred Parking Lot, located between Convention
Center Drive and Meridian Avenue, and 18th and 19th Street; and related outside space, to extend
its exhibit space from the interior of the Convention Center; and
WHEREAS, it is the intent of the parties that this Lease Agreement shall serve as an exhibit
to the Main Lease.
NOW, THEREFORE, in consideration of the mutual covenants herein exchanged, the
parties agree as follows:
1) Premises. Lessee shall have the right to use as exhibit space the following outside
areas; said areas referred to below in subsections (a) through (g):
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a) Preferred Parking Lot: Located between Convention Center Drive and
Meridian Avenue, and 18th Street and 19th Street.
b) Convention Center Drive: From the east curbline west to the Preferred
Parking Lot and including the curb, sidewalk and swale, from 17th Street to
Dade Boulevard;
c) 18th Street Right-of-Way: From Meridian Avenue to Convention Center
Drive, and including curb, sidewalk and swale.
d) 19th Street Right-of-Way: From Meridian Avenue to Convention Center
Drive, and including curb, sidewalk and swale.
e) Municipal Surface Parking Lot No. 5H: Located at 19th Street and Meridian
A venue.
t) Metered Parking Spaces - Meridian Avenue: All on-street metered parking
spaces on the east side of Meridian Avenue, between 18th Street and 19th
Street. This area shall be used only as a bus drop-off and lor pick-up ramp.
g) Additional Trailer Storage: Municipal Surface Parking Lot 20-X, located
between Collins Avenue and Indian Creek, and 27th Street and the parking
lot property line.
Lessee shall be solely responsible for obtaining and paying for any and all permits and licenses
necessary for its use and operations on the Premises, as set forth above and in Exhibit I herein.
2) Schedule and Type of Use:
(a) 1999 Boat Show
January 30 - February 4
February 5 - February 10
February 11 - February 17
February 18 - February 20
February 21 - February 25
(b) 2000 Boat Show
February 5 - February 10
February 11- February 16
February 17 - February 23
2
Move-in (back half of Preferred Lot)
Move-in (entire Preferred Lot)
Show Days
Move-out (entire Preferred Lot)
Move-out (back half of Preferred Lot)
Move-in (back half of Preferred Lot)
Move-in (entire Preferred Lot)
Show Days
February 24 - February 26
February 27 - March 2
Move-out (entire Preferred Lot)
Move-out (back half of Preferred Lot)
(c) 200 I Boat Show
February 4 - February 9
February 10- February 14
February 15 - February 21
February 22 - February 25
February 26 - March 2
Move-in (back half of Preferred Lot)
Move-in (entire Preferred Lot)
Show Days
Move-out (entire Preferred Lot)
Move-out (back half of Preferred Lot)
3) Term. The term ofthis Agreement shall run concurrent with the Main Lease between
the NMMA Boat Show and SMG. Notwithstanding any provisions in this Agreement, in the event
that the Main Lease is terminated, canceled, or otherwise expires or ends, then this Lease Agreement
shall terminate concurrent with the termination of the Main Lease, and shall be of no further force
and effect.
4) Use. Lessee shall use the Premises solely for the NMMA -Miami International Boat
Show (Boat Show). Lessee shall have the right to use the Premises for exhibits related to the Boat
Show and shall have the right to install fencing at the perimeter of that portion of the Premises
described and depicted in Exhibit I. Lessee shall have the right to install tents and other equipment
necessary to operate the Boat Show. All installations and improvements shall be subject to current
and applicable building codes and shall otherwise comply with all applicable City, County, State and
Federal laws, as applicable. Lessor agrees to provide the Premises in their "as is" condition and
Lessee agrees to return said Premises, including restoring all asphalt and other surfaces affected by
its operations, to their condition prior to the move in of the Boat Show, for each Boat Show
provided in the term herein.
5) Rental. The rental rate for the Premises shall be $51,000 per year, including
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applicable sales tax. Additionally, Lessee agrees to be solely responsible during the term herein for
the payments of any and all taxes and/or assessments, particularly real estate taxes, which may be
levied against the Premises as a result of Lessee's actions and operations thereon. Rental rates shall
be adjusted annually based on the annual Consumer Price Index (CPI) or 3%, whichever is higher.
Rent shall be paid to the City of Miami Beach Parking Department, 777 -17th Street, Suite 200,
Miami Beach, FL 33139, as follows: Fifty Percent (50%) of total rental fee and applicable sales tax,
and any other taxes which may become due, by February 1 st of each successive year; and remaining
balance within fifteen (15) days of the last show date each year.
6) Protection Clause. The City of Miami Beach agrees that, throughout the term of
this Agreement, it will not lease any other City-owned facilities to third parties for any boat show
selling new boats, for thirty (30) days immediately prior to, and the thirty (30) days after, the show
dates described herein in Section 2. The foregoing restriction shall not preclude the Lessor from
leasing or issuing a Revocable Permit during the show dates for any City-owned property, including
the City-owned out lots in the area of Collins Avenue from 49th Street to 43rd Street and along the
Indian Creek Waterway, for a boat show selling used yachts, boats and vessels.
7) Responsibility for Clean-Up of Public Areas. Lessee shall have a neat and orderly
operation at all times and shall be solely responsible for the necessary housekeeping services to
properly maintain the Premises. It shall be the sole responsibility of the Lessee to maintain the
cleanliness of the Premises on a daily basis. The Lessor shall be responsible for the removal of
trash, rubbish and garbage and; if required by the Lessor, Lessee shall provide, at its own expense,
trash receptacles throughout the Premises, in an amount sufficient to maintain the cleanliness of all
areas. Lessee shall instruct and monitor its employees to assure that trash, rubbish and garbage is
4
immediately picked up on the Premises. To assure that Lessee complies with this provision, Lessee
shall make all areas ofthe Premises available for examination at anytime by the City Manager or his
authorized designee. The Lessee shall also be responsible for final clean-up of the Premises, and
shall return same to Lessor in the same condition as existing prior to each Boat Show provided in
the term herein.
8) Services to be Provided by the City's Parking Department. It shall be the
responsibility of the City's Parking Department to remove all signs, as needed; remove all parking
meters on Convention Center Drive, as needed, and bag all parking meters, as needed, to
accommodate the Boat Show.
9) Indemnification. Lessee shall indemnify, defend and save the Lessor harmless from
and against any and all claims or causes of action (whether groundless or otherwise) by or on behalf
of any persons, firm or corporation, for personal injury, property damage, or other occurring upon
the Premises occasioned in whole or in part by any ofthe following:
a. an act of omission on the part of Lessee or any employee, agent, invitee,
guest, assignee or subcontractor of Lessee;
b. any misuse, neglect, or unlawful use of the Premises by Lessee; and/or
c. any breach, violation, or nonperformance of any undertaking by Lessee under
this Agreement.
Lessee agrees to pay and shall pay for all damage to the Premises caused by Lessee or any employee,
guest or invitee of Lessee.
10) Insurance. Lessee shall not commence this Agreement until all insurance required
under this section has been obtained and such insurance has been approved by Lessor's Risk
Manager. Lessee shall maintain and carry in full force during the term of this Agreement the
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following insurance:
1. General Liability in the amount of $1,000,000.00. A certified copy of
Lessee's Insurance Policy must be filed and approved by the Risk Manager
prior to commencement. The CITY of MIAMI BEACH must be listed as an
Additional Insured.
2. Workers Compensation & Employers Liability as required pursuant to Florida
Statute. A certified copy of Lessee's Insurance Policy must be filed and
approved by the Risk Manager prior to commencement. The CITY must be
listed as an Additional Insured.
3. Automobile Insurance in the amount of $1,000,000.00. A certified copy of
Lessee's Insurance Policy must be filed and approved by the Risk Manager
prior to commencement. The CITY must be listed as an Additional Insured.
Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage
must be given to Lessor's Risk Manager by Lessee and its insurance company. The insurance must
be furnished by insurance companies authorized to do business in the State of Florida and approved
by Lessor's Risk Manager. Original certificates of insurance for the above coverage must be
submitted to the Lessor's Risk Manager for approval prior to commencement herein. These
certificates will be kept on file in the Office of the Risk Manager, 3rd Floor, City Hall.
All insurance policies must be issued by companies authorized to do business under the laws of the
State of Florida. The companies must be rated no less than "B+" as to management and not less than
"Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the CITY's Risk
Manager.
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Compliance with the foregoing requirements shall not relieve Lessee of the liabilities and obligations
under this section, or under any other portion of this Agreement, and Lessor shall have the right to
obtain from Lessee specimen copies of the insurance policies in the event that submitted certificates
of insurance are inadequate to ascertain compliance with required coverage.
11) Default and Termination. The following actions (a) through (d) shall constitute an
event of default by Lessee:
a. If Lessee abandons or vacates the Premises prior to the expiration of
the term hereof;
b. If Lessee fails to timely pay any of the rental amounts, as set forth in
this Agreement;
c. If Lessee fails to discharge or bond off any lien filed on the Premises,
within three (3) days of written notice from Lessors to Lessee; or
d. If Lessee fails to perform in accordance with any of the other terms
and conditions herein contained.
In the event of default by Lessee, and such default is not cured within three (3) days after written
notice to Lessee, the Lessor may terminate this Agreement without further notice to Lessee. Lessee
shall immediately surrender possession ofthe Premises, as well as, removing any personal property
and equipment from same. Any personal property and equipment not so removed shall be removed
and stored by the Lessor at the expense of Lessee. Additionally, in the event of a termination
hereunder, the Lessor may also pursue any and all legal remedies available to seek redress for such
default.
12) Bankruptcy and Insolvency. If Lessee is adjudicated bankrupt or makes an
assignment for the benefits of creditors, the Lessor shall have the right to immediately terminate this
Agreement and re-enter the Premises without notice or demand.
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13) Sublease and Assi~nment. Lessee shall not sublease the Premises or any part
thereof, nor assign this Agreement, without obtaining Lessor's prior written approval, which
approval may be given, if at all, at the Lessor's sole discretion.
14) Ri~hts of the City. The City reserves the option to terminate this Agreement, in
whole or in part, without cause and for its convenience, without liability to the City, if, at any time
during the Term herein (and subject to the notice provisions set forth in this Paragraph 14), in the
event that the City determines that it needs to use all or part of the Premises. The City's exercise of
said option shall be given in writing to the Lessee ninety (90) days prior to the move-in date for the
show for the particular term.
15) Notices. All notices shall be sent to the parties at the following addresses:
Lessor:
City of Miami Beach
Parking Department
Attn: Jacqueline Gonzalez, Director
777 17th Street, Suite 200
Miami Beach, Florida 33139
With a copy to:
City of Miami Beach
City Attorney
1700 Covention Center Drive
Miami Beach, Florida 33139
Lessee:
NMMA Boat Shows
Attn: Cathy Johnston, Southern Regional Manager
400 Arthur Godfrey Road, Suite 310
Miami Beach, Florida 33140
Lessee and Lessor may change such address at any time upon giving the other party written
notifiction. All notices under this Agreement must be in writing and shall be deemed to be
served when delivered to the address of the addressee. All notices served by mail shall be
8
registered mail, return receipt requested. Lessee may designate additional persons for
notification of default.
16) Waiver. No waiver by Lessor any time of any of the terms or conditions of this
Agreement shall be deemed at any time thereafter a waiver of the same or any other term or
conditions hereof.
17) Severability. If any term or provision of this Agreement or the application thereof
to any person or circumstance shall, to any extent, be invalid or unenforceable, the reminder of this
Agreement, or the application of such term or provision to persons or cirucumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and
provision of this Agreement shall be valid and be enforceable for the fullest extent permitted by law.
18) Governin~ LawNenue. This Agreement shall be governed by and construed in
accordance with the law of the State of Florida. This Agreement shall be enforceable in Miami-Dade
County, Florida, and if legal action is necessary by either party with respect to the enforcement of
any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in
Dade County, Florida.
19) Limitation of Liability. Lessor desires to enter into this Agreement only if in doing
so the Lessor can place a limit on the Lessor's liability for cause of action for money damages due
to an alleged breach by the Lessor of this Agreement, so that the liability for any such breach never
exceeds the sum of $1 0,000. Lessee hereby expresses its willingness to enter into this Agreement
with Lessee's recovery from the Lessor for any damage action for breach of contract to be limited
to a maximum amount of$10,000.
9
Accordingly, and notwithstanding any other term or condition of this Agreement, Lessee hereby
agrees that the Lessor shall not be liable to Lessee for damages in an amount in excess of $10,000,
for any action of claim for breach of contract arising out of the performance or nonperformance of
any obligations imposed upon the Lessor by this Agreement. Nothing contained in this paragraph
or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
the Lessor liability as set forth in Florida Statues, Section 768.28.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first entered above.
ATTEST:
LESSOR/CITY OF MIAMI BEACH
MwJ fcudm
Robert Parcher, City Clerk
1$a
Neisen Kasdin, Mayor
ATTEST:
LESSEE/NA TIONAL MARINE
MANUFACTURERS ASSOCIATION
~~.
/\ 4"v- I;L$L')
t, V - President "-
Secretary
M :\$CMB\ TEMP\BSLEASEA. 99
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/t1I ~
City Attorney
10
J/J. ?J((;J
, Date