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Item G3 Revised 3/99 . BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 01/19/2000 Bulk Item: Yes D No t8] Division: Public Works Department: EnQineerinQ AGENDA ITEM WORDING: Approval to rescind lease agreement and enter into a modified lease agreement with the Marathon Yacht Club for bay bottom adjoining the Marathon Yacht Club site by changing the annual renewal option to an annual review. ITEM BACKGROUND: At the June 9, 1999 BOCC meeting, the new 10-year lease was approved with the following words added at the meeting "with an annual renewal option at the County's option." When the lease was sent to the Yacht Club for execution they requested a change in wording. A meeting was held with Commissioner Neugent, Jim Roberts, David Koppel, and the current and future Commodore of the Yacht Club to discuss the request. The outcome reached was to recommend to the BOCC change in wording from "renewal option" to an "annual review." PREVIOUS RELEVANT BOCC ACTION: On June 9,1999 the BOCC approved a new 10-year lease with the Marathon Yacht Club for submerged land next to their site on 33rd Street, Marathon. The prior 10-year lease began on June 27, 1989. On December 8, 1999 a revision to the lease was presented to the Board at the request of the Yacht Club. The Board requested additional information and asked that the item be brought back to the January BOCC meeting. The attached memo to Mr. Roberts contains comparable rental rates, in Marathon, for boat dockage and approximate revenue received by the Marathon Yacht Club. STAFF RECOMMENDATION: Approved as stated above. TOTAL COST: jQ,.Q BUDGETED: Yes DNa D COST TO COUNTY: jQ,.Q REVENUE PRODUCING: Yes t8] No D AMOUNT PER MONTH YEAR $2.000 APPROVED BY: COUNTY ATTY 0 OM~HAS~NJ-O RISK MANAGEMENT 0 ITEM PREPARED BY: C r~ ~ County Eng~m;nt DIVISION DIRECTOR APPROVAL: - - DIVISION DIRECTOR NAME: Dent Pierce / /3/0D . DOCUMENTATION: INCLUDED: t8] TO FOLLOW: D NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: ~ MEMORANDUM DATE: January 3, 2000 TO: James Roberts County Administrator FROM: David S. Koppel County Engineer !JX RE: Marathon Yacht Club Comparable Revenue At their December 8, 1999 B.O.C.c. meeting, the Board requested that we obtain comparable rates for boat slip rentals in the Marathon area. Please note that the monthly rates provided fluctuate due to the season. Utility charges are in addition to the rates cited. Marina Rates per Foot Florida Keys Marina, Marathon $9.50 . (County Owned) Dockside Marina $9.50 - offseason $12.50 - seasonal Harbor Key Club $8.50 - off season $10.50 - seasonal Marathon Boat Yard $9.00 Burdines Waterfront $16.00 Marathon Marina $11.25 - off season $14.25 - seasonal Sombrero Resort and Lighthouse Marina $15.50-$17.25 Farro Blanco (bay side) $14 - $16.50 This is what we have learned of the Marathon Yacht Club: .. December - May Rates · June - November Rates · 30' minimum vessel charge · $50 membership application fee · $1,500 membership fee (currently over 500 members) · $470/year annual dues $7.50/ft $5.50/ft · Metered electricity · Water included MARATHON YACHT CLUB COMPARABLE REVENUE Assuming 18 vessels @ 30' each, 100% occupancy, and an average rate of$6.50 per foot per month yields the following annual revenue: 30' x $6.50 per foot = $195 x 18 vessels = $3,510 per month $3,510 x 12 months = $42,120 annual revenue Please let me know if anything else is required. DSK:sb c: Dent Pierce 2 YACHT CLUB LEASE LEASE. made this day of 1999. between the Board of County Commissioners of Monroe County. Florida '''lessor''). AND the Marathon Yacht Club. of Monroe County. Florida. '''lessee''). In consideration of the mutual covenants herein expressed lessor leases to Lessee all rights which may be owned by Lessor in the bay bottoms adjoining the land described in attached Exhibit" A" and extending to the adjacent channels. subject to the following concfrlions: 1. TERM: The term of this Lease shall be for ten years. with an annual review on the anniversary date. beginning on June 28. 1999. and ending on June 29.2009. 2. RENTAL: Lessee shall pay Lessor the sum of mo thousand ($,2.000.00) dollCl3 per year beginning on the date of the signing of this Lease and at yearfy intervals thereafter. The rent shaD be adjusted annually on the anniversary date of this Lease to reflect the Consumer Price Index change for goods and services in South Florida. , 3. PAYMENT OF RENT: Rent shall be paid in advance. and if any installment becomes more than 30 days overdue. or in case of any other default by Lessee in the conditions of this lease. Lessor may consider Lessee a tenant at sufferance and may immediately enter upon the premises and take possession thereof. 4. SUBLEASE OR ASSIGNMENT: Lessee shaJl not sublet or assign any portion of the premises without th~ prior written consent of Lessor. 5. REGULATIONS: Lessee shall promptly comply with aD applicable federal. state. and county laws. statutes. ordinances~ and regulations pertaining to the use or occupancy of the premises and shall not permit any part thereof to be' used so as to constitute. a nuisance. or for any DIegal or immoral purpose. 6. DAMAGES: Lessee waives and releases Lessor from all cfaims for damages due to injury to the persons or property of lessee's employees. cUents. customers. guests. agents. or servants resulting from any incident which occurs on or in the premises. 7. RETURN OF PREMISES: At the end of the term herein or any extensions thereof, Lessee shall retum the premises and any improvements thereto to Lessor in as good condition as when first leased, normal wear and tear excepted, and shall commit no waste during the term of this Lease. IN WITNESS WHEREOF, the parties hereto have signed this instrument on the day of . 1999. IS~LJ . ATTEST: DANNY L KOLHAGE. CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By By Deputy Clerk Mayor/Chairman IS~LJ ATTEST: MARATHON YACHT CLUB By. By Secretary President jconpyachtl 2 !J!:.~1."" AJ~w~,"".to. .. .. --.. . --.- .. ~. (MhMTHON Y^CH.~ CLUB SITE) A ar eel 0 t land bel ng a po r t Ion 0 t t"he nGr ea t er lllara thOI!- Chlllllber ot co~ercc Slten as described In the attached legal deseriptlon, said .parce~ot land being more parti~~larr~ described as tollowst . - . . . coMMENCE at the Intersection at the Bnst line ot Government Lot 3 of Sect! on. 10 I Township 86 South, Range 32 Bast and tha eenter Hne ot U.S. IUghway No.1 (State Road No. 511_ thence S'14"20'W along said centerline ot U.S. Highway No.1 Cor 2642.55- feetl thence NlS"40'W tor 50.00...Ieet to an .Intersection with the Northerly. right-ot~way lIne .ot said tJ:s. HighWay No.1; thence S74020'W along said Northerly right-of-way line Cor 200.0P'r~ct; th~~ce N1So40'W lor 440.00 Ceet; thence N14D20'E tor 84.00 teet to the POint of Bc~inning oI-the hereinafter described parce- or land; \hence S14020'W along the last described line tor 84.00 leet; thence N1So40'W Cor 111 reet ~re or less to the ~an high water' lIne along the Northeasterly shore at tbe exlsting'yacht basin; thence meander northwesterlY along said mean high water line and along tbe southwesterly Cace ol the existing concrete dock Cor 300 ree.t more or less to the Northerly te~lnus ol said concrete dock; thence N14020'E Cor 84 Ceet omore or less to an lntersection with a lIne bearing N1SD40" rrom the point oC Berinning~ thence SlSo~O'E along said line Cor 411. ..--' reet more or less to the POlut oC. 'B._gf.nnlng. .' .0 . ~ d1a'tathon <yaJu: C!luC 62' 33"J ~tud, gulf c:Mat4thon,9fc'tuia. 30'/743-6739 'Jax. 30'/289-2076 January 11, 2000 Mr. David S. Koppel County Engineer Monroe County Key West, FL 33040 Dear Mr. Koppel: I am replying to your letter of December 16, 1999, requesting information on revenues received from the leasing of our slips, at the Marathon Yacht Club. As I am sure you are aware, the Marathon Yacht Club is a non-profit organization. Through December of 1999, our gross revenues from the docks totaled $34,516.00. Our expenditures for the docks totaled $35,063. After our discussion with Commissioner Neugent and Jim Roberts, it was my understanding we had agreed to a new ten year lease, reviewable annually , for the sum of t\NO thousand dollars a year. We feel this was and is a fair and equitable lease for the county and for the Marathon Yacht Club. With this additional information, we hope the County Commission can now approve the lease for the bay bottom, as previously discussed with Commissioner Neugent and City Manager Jim Roberts. Sincerely, 1Ir~k/L~ 'VYl (). ~ r; MMeol~McDonal~~ Commodore .--. MTMlmrb ~P@f:' . I I ;) """'0 !:N 1 0 LUU -------------. ( G3 MEMBER OF FLORIDA COUNCIL OF YACHT CLUBS. INC.