HomeMy WebLinkAboutReso 2013-2017 RESOLUTION NO. 2013-2oi'7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE LEASE
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND NEWPORT OPERATING CORPORATION AND DR.
ROBERT CORNFELD FOR THE MANAGEMENT, OPERATION
AND MAINTENANCE OF THE HISTORIC PIER, RESTAURANT
FACILITIES, AND BAIT SHOP IN SUBSTANTIALLY THE SAME
FORM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to a Letter Agreement dated November 25, 2008, the City and
Newport Operating Corporation and Dr. Robert Cornfeld entered into a partnership to rebuild the
historic Newport Fishing Pier; and
WHEREAS, the Letter Agreement gives Newport Operating Corporation and Dr.
Cornfeld the exclusive right to operate the Pier, to offer for sale and sell food, beverages and
other related ancillary products on the premises; and
WHEREAS, the City wishes to amend the Letter Agreement to reflect new terms for the
management, operation and maintenance of the Historic Pier, Restaurant Facilities and Bait Shop.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of the Agreement. The City Commission hereby approves the
Agreement with Newport Operating Corporation and Dr. Robert Cornfeld for the Management,
Operation and Maintenance of the Historic Pier, Restaurant Facilities, and Bait Shop in
substantially the same form attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of January 2013.
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orman S. Ede cup, ayor
Approving The Lease Agmt With Newport For Management Of Pier Rest. Page 1 . 2
ATTEST:
c
Jane . Hines, City Clerk
APPROVE It ' . TO FORM
AND L•
IAL ;,U' ICIENCY:
ir;=II
Hans in s"! ity Attorney
Moved by: Nit Cat mo or, P%f.A— J
Seconded by: l� w
rvwWIllOtuF,IR_ t.-V 1'0
Vote: 6-0
Mayor Edelcup V(Yes) (No)
Vice Mayor Aelion (/ Yes) (No)
Commissioner Gatto V(Yes) (No)
Commissioner Levin V Yes) (No)
Commissioner Scholl (Yes) (No)
Approving The Lease Agmt With Newport For Management Of Pier Rest. Page 2 of 2
LEASE AGREEMENT [DRAFT]
BETWEEN THE CITY OF SUNNY ISLES BEACH
AND
NEWPORT OPERATING CORPORATION AND DR. ROBERT CORNFELD
FOR THE
MANAGEMENT, OPERATION AND MAINTENANCE
OF THE HISTORIC PIER,RESTAURANT FACILITIES,AND BAIT SHOP
PIER PARK
LOCATED AT
16501 COLLINS AVENUE
SUNNY ISLES BEACH, FLORIDA
THIS LEASE AGREEMENT made and entered into this day of
2013, by and between the City of SUNNY ISLES BEACH, a municipal corporation of the State
of Florida (hereinafter referred to as "CITY") and NEWPORT OPERATING CORPORATION
AND DR. ROBERT CORNFELD, (hereinafter referred to as "LESSEE").
WITNESSETH:
WHEREAS, pursuant to Letter Agreement dated November 25, 2008, the City and
NEWPORT OPERATING CORPORATION AND DR. ROBERT CORNFELD entered into a
partnership agreement to rebuild the historic Newport Fishing Pier; and
WHEREAS, the parties wish to amend the terms of the Letter Agreement, to provide the
LESSEE with the exclusive right to operate the Pier, to offer for sale and sell food, beverages
and other related ancillary products on the premises.
NOW THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained to be observed and performed, the parties hereto do hereby covenant and agree as
follows:
1. DESCRIPTION OF THE PIER, RESTAURANT FACILITIES, AND BAIT SHOP:
For and in consideration of the mutual promises herein contained, the LESSEE agrees to
assume full management, operation and maintenance of the Pier, its restaurant facilities, and
bait shop, located at 16501 Collins Avenue, Sunny Isles Beach, Florida, which is owned by the
CITY (hereinafter referred to as the "AREA"). Said AREA includes the Fishing Pier, a 5000
square feet restaurant area, and a bait shop. LESSEE accepts the AREA and all fixtures,
improvements and equipment as is at the time of the delivery of the premises to LESSEE.
2. USE OF PIER, RESTAURANT FACILITIES, AND BAIT SHOP
(a) LESSEE shall have the exclusive right to regulate entrance to the Pier, the
restaurant facilities, and other facilities. LESSEE shall charge a fee of no more than $5 Dollars
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to non-resident of the City. LESSEE shall charge a discount fee as determined by the City to
residents of the City. The entrance fee for residents and non-residents may be increased or
decreased upon approval of the City.
(b) LESSEE shall have the exclusive right to offer for sale, sell, or otherwise dispose
of food, beverages, other related and ancillary products, and any other products or services as
may be approved by the City Manager in writing. LESSEE shall use the AREA for the primary
purpose of operating a food and beverage concession.
(c) LESSEE shall make no unlawful, improper or offensive use of the AREA.
(d) This Lease Agreement and all rights of the LESSEE hereunder shall, at the option
of the CITY, cease and terminate upon discontinuance of the stated use and operation of the
AREA by the LESSEE.
3. TERM OF LEASE AGREEMENT
The term of the Lease Agreement shall be for a period of Twenty (20) years beginning on
the date of its execution. The LESSEE shall have the option to renew this Lease Agreement
for two (2) additional Ten (10) year periods if, in the sole discretion of the City, the operations
of the LESSEE during the term have been satisfactory as regards quality, service, prices,
cleanliness and other considerations. This Lease Agreement shall be null and void if the State
of Florida terminates the submerged land lease between the City and the State of Florida.
4. RENT.
For the right to manage the Pier, restaurant facilities, and bait shop, the LESSEE shall
pay to the CITY a guaranteed monthly payment of Seven Thousand ($7,000) Dollars. Rent
shall be subject to three percent (3%) percentage increase every five years of the Lease Term.
Rent is due no later than the Fifteen (15) day of each month. Rent shall be paid to the City's
Finance Department located at 18070 Collins Avenue, Sunny Isles Beach, FL 33160.
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5. HOURS OF OPERATION
Hours of operation of the Pier shall be such as to provide the maximum convenience to
those served and shall be as determined by the City. Minimum hours of operation shall
initially be from 8:00 a.m. to 8:00 p.m. Monday through Friday, and 9:00 a.m. to 8:00 p.m. on
Saturday and Sunday.
6. APPROVAL OF RESTAURANT VENDORS/DATE OF OPERATIONS
The consent of the City is required before LESSEE selects a vendor to sell food and
beverages in the restaurant facility. Consent by the CITY shall not be unreasonably withheld if
the vendor(s) are deemed to be in the best interest of the CITY. LESSEE is required to have
the restaurant facilities operational and open to the public no later than ninety (90) days from
the date of issuance of a temporary certificate of occupancy to the City for the Pier and related
facilities.
7. STANDARD OF QUALITY— SUPPLIES AND SERVICE
LESSEE shall at all times keep the AREA adequately stocked with commodities, food
and beverages, and adequately staffed to serve the patrons thereof and will provide maximum
service during peak hours of operation. LESSEE shall be required to maintain such service
and other requirements as are necessary to entitle it to the license for the operation of the
facilities outlined herein. LESSEE agrees that it will manage, operate and maintain the
facilities authorized herein in such a manner as to provide quality of service, food prices, food
and beverages management, and the operation shall be of such quality as to compete favorably
with similar operations.
8. RESPONSIBILITY OF LESSEE
The LESSEE shall provide the Pier, restaurant facilities and bait shop with personalized
attention as regards its management, operation and maintenance. Absentee management
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wherein the LESSEE has little or no contact with the LESSEE's employees and does not
personally visit the AREA regularly, will be unacceptable to the CITY and will be grounds for
cancellation of the Lease Agreement. LESSEE shall ensure that the restaurant facilities and
bait shop are operational and open to the public during the term of the Lease Agreement. If the
restaurant facilities and bait shop are not operational and open to the public for a period of
more than three (3) months, the City many terminate this Lease Agreement for convenience.
9. RESPONSIBILITY OF THE CITY.
The CITY agrees to provide limited cleanup service at the Pier based on the discretion of
the City Manager of his designee. The City shall make available the twenty nine (29) metered
parking spaces at Pier Park for public use.
10. LIENS
LESSEE shall not permit any mechanic's lien to be filed against the AREA or any part
thereof by reason of work, labor, services, or materials performed or 'supplied or claimed to
have been performed or supplied to LESSEE or anyone holding the AREA or the
Improvements or any part thereof through or under LESSEE. LESSEE shall dispose of any
claim and ensuing litigation as LESSEE deems reasonably appropriate at LESSEE's expense
within thirty (30) days of its initial filing, provided that if such party commences a foreclosure
action with respect to such lien, LESSEE shall transfer the lien to security as provided by
Florida law or otherwise bond or cause the same to be discharged of record within thirty (30)
days thereafter to prevent the foreclosure of CITY's estate. LESSEE shall keep CITY apprised
of the status of the resolution of any such claim of lien and litigation.
11. ASSIGNMENT OR TRANSFER
The LESSEE shall not assign or transfer its privilege of entry and use granted unto it by
this Lease Agreement. Notwithstanding the foregoing, the LESSEE recognized that the
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LESSEE may assign this Lease to, or may otherwise merge or consolidate its operation with,
an affiliate of the LESSEE with the consent of the City. For the purpose this Section,
"affiliate" means, with respect to LESSEE (i) any entity directly or indirectly controlling,
controlled by, or under common control with LESSEE, or (ii) any entity in which LESSEE
owns at least twenty five percent (25%) of the voting interests; provided, however, that the
assigning LESSEE shall not be relieved of its obligations hereunder.
12. INTEREST CONFERRED BY LESSEE
The provisions of this Lease Agreement do not constitute a lease and the rights of the
LESSEE hereunder are not those of a tenant. No leasehold interest in the AREA is conferred
upon the LESSEE under the provisions hereof.
13. TAXES/IMPOSITIONS
The LESSEE shall pay before delinquency and before any fine, penalty or interest may
be added thereto for the non-payment thereof, all real estate taxes, personal property taxes and
other governmental charges, unforeseen as well as foreseen that may be imposed upon the City
as a result of this Lease Agreement.
14. RELEASE OF CITY FROM LIABILITY
The LESSEE shall release and discharge the CITY from any and all liability for the loss
of his merchandise, goods, equipment or other property of the AREA if lost, damaged,
destroyed by fire, theft, rain, water or other causes.
15. ANNUAL STATEMENTS
Upon request, the LESSEE shall submit to the City an Annual certified statement of
operations shall be submitted within sixty(60) days of the end of each twelve-month period.
16. AUDITING OF ACCOUNTS
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CITY reserves the right to audit the records of LESSEE at any time during the
performance of the Lease Agreement and for the period of up to three (3) years after final
payment is made under this Lease Agreement.
17. CITY'S RIGHT TO EXAMINE AREA
The LESSEE shall make available the AREA under its control for examination, at any
reasonable time, by the City Manager and/or his duly authorized representative.
18. COMPLIANCE
The LESSEE shall abide by all rules, regulations, and laws of the City of Sunny Isles
Beach, County of Dade, and the State of Florida, now in force or hereafter adopted, and the
written rules and regulations established by the City Manager or his duly authorized
representative.
19. PENALTY FOR VIOLATION OF RULES AND REGULATIONS
The CITY, through its proper official, reserves the right and authority to prescribe any
additional rules and regulations at the AREA and the LESSEE agrees to abide by all the rules
and regulations. Violations of rules and regulations as prescribed by the CITY through its
proper officials will be sufficient grounds for the termination of this Lease Agreement. The
CITY shall have the right to cancel the Lease Agreement for violation of rules and regulations
by the LESSEE or its employees, subject to the provisions of Section 38.
20. ADVERTISING MATTER
The CITY, through its proper officials, reserves the right and authority to prescribe rules
pertaining to regulation of sign and/or advertising matter.
21. POSTING AND CONTROL OF PRICE SIGNS (FOOD AND BEVERAGE)
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The LESSEE shall provide and have posted in conspicuous locations signs showing the
prices of all edible commodities. Size, location and content of said signs shall be subject to
approval of the City Manager and/or his duly authorized representative.
22. INSURANCE
The LESSEE shall maintain during the term of the Lease Agreement the following
insurance:
(a) General Liability Insurance on a Comprehensive General Liability form, or its
equivalent with a combined single limit of at least One Million ($1,000,000) Dollars for bodily
injury and property damage liability. Products and completed operations coverage, personal
injury, contractual liability, and premises medical payment coverages shall be included. The
City shall be named an Additional Insured on said policy.
(b) All Risk Property insurance coverage on replacement cost basis for real and
personal property located on the premises managed, operated and/or maintained by LESSEE.
The City shall be named as an Additional Insured on such policy.
(c) The policy or policies of insurance required shall be written in a manner such
that the policy or policies man not be cancelled or materially changed without sixty (60) days
advance written notice to the City. Written notice shall be sent to the City Manager or
designee, at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
Evidence of compliance with the insurance requirements shall be filed with the City
Manager or his designee with the execution of the Lease Agreement and each renewal. Such
insurance shall be subject to the approval of the Insurance coordinator. All insurance policies
required must be written by a company or companies rated at least "A" as to management and
Class "V" as to financial Strength, in the latest edition of the Best's Insurance Guide, published
by Alfred M. Best Company, Inc., Oldwick, New Jersey or acceptance of insurance company
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which holds a valid Florida Certificate of Authority issued by the State of Florida Department
of Insurance, and are members of the Florida Guarantee Fund. Compliance with the foregoing
requirements shall not relieve LESSEE of its liability and obligations under this section or
under any other portion of the Lease Agreement.
23. LICENSES
The LESSEE shall acquire and pay for the necessary licenses required for the operation
of his business; and shall be responsible for the payment of any and all taxes levied on him or
his operation, by whatever taxing entity.
24. EQUIPMENT
The LESSEE shall be solely responsible for supplying and maintaining all equipment
necessary for the operation of the Pier, restaurant facilities, and bait shop. Upon expiration of
the Lease Agreement, any equipment which cannot be readily removed without injury to the
AREA shall remain and become the property of the CITY. The LESSEE shall maintain all
equipment in a clean and sanitary condition during the period of the Lease Agreement and any
extensions hereof.
25. MAINTENANCE, CUSTODIAL AND JANITORIAL SERVICE
The LESSEE shall be responsible for all necessary maintenance directly related to the
Pier, restaurant facilities, and bait shop and LESSEE shall furnish all custodial and janitorial
service required to maintain daily the AREA and the outlying area adjacent to its operations in
a clean, sanitary and functional (landscaping, plumbing, electrical and structural) condition.
The LESSEE also agrees that he will maintain the premises in a manner consistent with, or
demanded by, all Health Departments and Pure Food Examiners, and also that the premises
will at all times be kept open for proper inspection by any other agency having jurisdiction
thereto.
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26. ALCOHOLIC BEVERAGES
Wines, beers, liquors, or alcoholic beverages of any kind or nature may be sold on the
AREA upon compliance with all applicable zoning, State, Dade County and the code of City of
Sunny Isles Beach laws, rules and regulations.
27. EXTERMINATOR SERVICE
The LESSEE shall take the necessary measures to control vermin and pests on a biweekly
basis at his expense. This service may be required once a week in order to properly control
vermin and pests, as directed by the City Manager and/or his duly authorized representative.
The area to be serviced by the exterminator includes all area where food is dispensed,
stored, and consumed.
28. NONDISCRIMINATION
The LESSEE agrees that there will be no discrimination against any person on account of
race, color, sex, religious creed, ancestry, national origin, mental or physical handicap in the
use of the AREA and the improvements thereon. It is expressly understood that upon
presentation of any evidence of discrimination, the CITY shall have the right to terminate the
Lease Agreement.
29. TRASH, RUBBISH, AND GARBAGE DISPOSAL
The LESSEE shall provide, at his expense, all garbage, trash, and rubbish receptacles
within the confines of the AREA and shall provide a sufficient number of these receptacles for
his own use and for the use of the public. LESSEE shall not allow garbage, trash and rubbish
to accumulate and shall cause removal of it to the pickup area designated by the CITY
Manager and/or his duly authorized representative.
30. SALES RESTRICTIONS
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All sales shall be confined to the AREA designated and defined in this Lease Agreement.
LESSEE will not be permitted to do any selling or vending outside of the designated and
defined AREA of this Lease Agreement, except by written authority from the City Manager or
his duly authorized representative.
31. IMPROVEMENTS
The CITY shall construct the "shell" or structure of the restaurant facilities and bait shop,
which consist of exterior and interior walls and utility connections to bring electric and water
into the structure.
The CITY will not undertake or be responsible for any construction, repair, alteration,
improvement or maintenance to electrical and plumbing work, interior finish work, decor,
furniture, fixtures, and kitchen equipment within the interior of the restaurant shell and bait
shop.
No later than Sixty (60) days from execution of this Lease Agreement, LESSEE shall, at
its own cost and expense, submit to CITY its plans for the commencement and completion of
the construction, and the acquisition and installation of the LESSEE'S Improvements, as
hereinafter defined. The Improvements must be completed within ninety (90) days from the
date of issuance of temporary certificate of occupancy for the Pier and related facilities.
LESSEE'S Improvements shall consist of the interior electrical and plumbing work for the
restaurant shell and bait shop, including the build-out of the interior of the restaurant facilities
and bait shop (the "LESSEE'S Improvements" or "Improvements"). LESSEE acknowledges
and agrees that LESSEE intends on constructing a restaurant facilities and bait shop as
generally described in the AREA in accordance with the design for the Pier. The plans for the
restaurant and bait shop shall include: a layout of the AREA, a lighting plan, a depiction of all
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fixtures to be added to the AREA, interior finish and material samples, typical display
technique, and interior and exterior signage plan.
The LESSEE agrees that other construction, repairs, alterations or improvements may be
undertaken upon the AREA after the plans:
(a) Are first submitted for review by all departments and offices of the CITY with
jurisdiction, and
(b) Are approved by the City Manager or designee which approval shall not be
unreasonably delayed or denied, and
(c) Are in compliance with all State, Dade County and City of Sunny Isles Beach
rules and regulations, and any other agency that may have jurisdiction in these matters.
All additions, partitions, or improvements shall become the property of CITY and shall
remain a part of the AREA at the expiration of this Lease Agreement. All improvements and
structures constructed on the site shall become the property of the CITY. The cost of
renovation of the AREA as to alterations, additions, partitions or improvements shall be borne
by and is the financial responsibility of LESSEE.
32. USE OF THE PIER BY THE CITY. The CITY has the exclusive right to use the
Pier at least nine (9) times during the calendar year upon providing thirty (30) days notice to
LESSEE.
33. UTILITIES
The LESSEE shall pay for all utilities consumed on the property as well as connection
and installation charges thereof, and waste collection.
34. RESPONSIBILITY FOR DAMAGE
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The CITY will not be responsible for any damage from theft, or disappearance of either
the equipment or the merchandise from break-ins or burglary, power failure due to hurricanes,
electrical storms, Acts of God, or other acts beyond the control of the CITY.
35. INDEMNIFICATION
The LESSEE covenants and agrees that it shall indemnify, hold harmless, and defend the
CITY, its agents, officers and employees from and against any and all claims, suits, action,
damages or causes of action arising during the term of the Lease Agreement for any personal
injury, loss of life, or damage to property sustained in or about the AREA, by reason of or as a
result of the LESSEE's occupancy thereof, and from and against any orders, judgments or
decrees which may be entered thereon, and from and against all cost, attorney's fees, expenses
and liabilities incurred in and about the defense of any such claim and the investigation thereof.
36. DAMAGES OR LOSS
The LESSEE releases the CITY from any and all liability, cost or expenses for damage or
loss to the AREA for any cause whatsoever.
37. DEFAULT
In the event the LESSEE fails to comply with each and every term and condition of the
Lease Agreement or fails to perform any of the terms and conditions contained herein, then
CITY at its sole option, upon thirty (30) days written notice to LESSEE, and LESSEE's failure
to comply or cure defect, may cancel and terminate the Lease Agreement, and all advances,
improvements or other compensation shall be forfeited by LESSEE, not as a penalty but as
liquidated damages.
38. ATTORNEY'S FEES
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In the event it is deemed necessary by either the CITY or LESSEE to file a law suit in the
appropriate court of law to enforce any of the terms and conditions of this Lease Agreement,
the prevailing party shall be entitled to reasonable attorney's fees.
39. SURRENDER OF AREA
LESSEE will quietly and peaceably deliver the AREA to the CITY in the same repair and
condition in which they were received at the inception of the Lease Agreement.
40. WRITTEN NOTICES
City and LESSEE agree that all notices under this Lease Agreement must be in writing
and shall be deemed to be served when delivered to the LESSEE at:
(1) NEWPORT OPERATING COROPORATION
3850 Hollywood Boulevard, Suite 400
Hollywood, Florida 33021
(2) CITY OF SUNNY ISLES BEACH
Attn: City Manager or City Attorney
18070 Sunny Isles Beach, FL 33160
41. CAPTIONS
The captions contained in this Lease Agreement are inserted only as a matter of
convenience and for reference and in no way define, limit or prescribe the scope of this Lease
Agreement or the intent of any provision thereof.
42. BINDING ON SUCCESSORS
This Lease Agreement shall be binding upon the CITY and the LESSEE, their successors
and assigns, and they shall abide by each of the terms and conditions hereof.
43. AMENDMENTS AND MODIFICATIONS
No amendments or modifications to this Lease Agreement other than those
administratively allowed herein shall be binding on either party unless in writing, signed by
both parties and approved by the City Commission.
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44. CONFLICTING PROVISIONS.
The terms and conditions in this Agreement supersede any other conflicting provisions
that are contained in any other document, including but not limited to any previously entered
letter agreements or any attachments hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed
in their names by their duly authorized officers, all as of the day and year first above written.
ATTEST: CITY OF SUNNY ISLES BEACH,FLORIDA a
Municipal Corporation of the State of Florida
By:
JANE HINES, CMC, CITY CLIERK NORMAN S. EDELCUP,MAYOR
NEWPORT OPERATING CORPORATION
AND DR. ROBERT CORNFELD
By:
ROBERT M. CORNFELD,PRESIDENT
APPROVED AS TO FORM AND
CORRECTNESS:
HANS OTTINOT, CITY ATTORNEY
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MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 1/17/2013
RE: Lease Agreement with Newport to Manage, Operate and Maintain the
Historic Pier, Restaurant Facilities and Bait Shop
RECOMMENDATION:
It is recommended that the City of Sunny Isles Beach (the "City") enter into the attached,
proposed agreement between the City and Newport Operating Corporation and Dr.
Robert Cornfeld ("Newport") to manage, operate and maintain the Historic Pier,
Restaurant Facilities and Bait Shop.
REASONS:
The important points of the lease agreement are as follows:
• Newport agrees to manage, operate and maintain the fishing pier, its restaurant
facilities of 5,000 square feet, and bait shop, located at 16501 Collins Avenue (the
"Area")
• Newport shall have the exclusive right to regulate the entrance to the fishing pier,
restaurant facilities and other facilities
• Newport shall charge a fee of no more than $5.00 (five dollars) to non-residents of
the City and shall charge a discount fee to residents of the City, as determined by
the City
• The initial term of the lease shall be for twenty (20) years with an option to renew
for two (2) additional ten (10) year periods
• Newport shall pay the City a guaranteed monthly payment of $7,000.00 (seven
thousand dollars) in rent. The rent shall be subject to 3% (three percent) increase
every five years of the lease term
• The consent of the City is required before Newport selects a vendor to sell food
and beverages in its restaurant facility
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• The City has the exclusive right to use the fishing pier at least 9 (nine) times during
the calendar year upon 30 (thirty) days notice to Newport
• Newport agrees, at its own expense, to pay for the build-out of the restaurant and
the bait shop
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