HomeMy WebLinkAboutR-03-0854J-03-629
07/24/03
RESOLUTION NO. 0 854
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY ATTORNEY TO PREPARE AN
AMENDMENT TO THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION
AT AN ELECTION TO BE HELD ON NOVEMBER 4,
2003, PROPOSING, UPON APPROVAL OF THE
ELECTORATE, TO AMEND SECTION 29-B OF THE
CHARTER TO AUTHORIZE THE CITY COMMISSION, BY
A FOUR-FIFTHS (4/5ths) AFFIRMATIVE VOTE, TO
AMEND THE LEASE AGREEMENT BETWEEN THE CITY
AND BISCAYNE BAY RESTAURANT CORP. D/B/A RUSTY
PELICAN DATED FEBRUARY 13, 1970, AS AMENDED,
TO (A) EXTEND THE TERM OF THE LEASE WITH
RUSTY PELICAN FOR AN ADDITIONAL PERIOD OF
FIFTEEN (15) YEARS, WITH THE OPTION TO RENEW
FOR TWO (2) ADDITIONAL FIVE (5) YEAR PERIODS,
(B) INCREASE THE AMOUNT OF THE MINIMUM
GUARANTEE TO THE CITY TO AT LEAST $360,000
PER LEASE YEAR EFFECTIVE UPON EXECUTION OF
THE LEASE AMENDMENT, AND (C) REQUIRE RUSTY
PELICAN TO COMPLETE CAPITAL IMPROVEMENTS TO
THE PROPERTY, INCLUDING A PUBLIC BAYWALK, IN
THE AMOUNT OF NOT LESS THAN $3 MILLION,
WITHIN TWENTY-FOUR (24) MONTHS OF THE
EFFECTIVE DATE OF THE LEASE AMENDMENT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Attorney is directed to prepare an
amendment to the Charter of the City of Miami, Florida, as
CITY COMMISSION
MEETING OF
J U L 2 4 2003
Resolution No.
s �
i
f
amended, for consideration at an election to be held on
November 4, 2003, proposing, upon approval of the electorate, to
amend Section 29-B of the Charter to authorize the City
Commission, by a four-fifths (4/5th,) affirmative vote, to amend
the lease agreement between the City of Miami and Biscayne Bay
Restaurant Corp., d/b/a Rusty Pelican dated February 13, 1970, as
amended, to (A) extend the lease for an additional term of
fifteen (15) years, with the option to renew for two (2)
additional five (5) year periods, (B) increase the amount of the
minimum guarantee to the City to at least $360,000 per lease year
effective upon execution of the lease amendment, and (C) require
Rusty Pelican to complete capital improvements to the property,
including a public baywalk, in the amount of not less than
$3 Million, within twenty-four (24) months of the effective date
of the lease amendment.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
�i If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 2 of 3 03— 854
PASSED AND ADOPTED this 24th day of July 2003.
w
000a
L A. DIAZ, MAYOR
ATTEST:
ICILLA A. THf)MPSCm
CITY CLERK
APPROVED ,'-46 FORM AND CORRECTNESS
ELLO
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7380:tr:BSS
Page 3 of 3
03- 854
TO: Honorable Mayor and Members
of the City Commission
C
FROM
Joe Arriola
Chief Administrator
RECOMMENDATION:
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
23
DATE: JUL 16
20M FILE:
SUBJECT: Resolution directing the City Attorney
to prepare an amendment to Section
29-B of the Charter
REFERENCES:
ENCLOSURES: City Commission Agenda
July 24, 2003
It is respectfully recommended that the City Commission adopt the attached Resolution directing the City
Attorney to prepare an amendment to the Charter of the City of Miami, Florida, as amended, for
consideration at an election to be held on November 4, 2003, proposing, upon approval of the electorate,
to amend Section 29-B of the Charter to exempt from its requirements an amendment to the lease
agreement between the City of Miami and Biscayne Restaurant Corp., d/b/a Rusty Pelican, dated
February 13, 1970, as amended, to extend the lease for an additional term of ten (10) years, with the
option to renew for two (2) five (5) year periods, increase the amount of the minimum guarantee to the
City to at least $350,000 per lease year effective upon execution of the lease amendment, and require
Rusty Pelican to make capital improvements to the property, including a public baywalk, in the amount of
not less than $3 Million within eighteen (18) months of the effective date of the lease amendment.
BACKGROUND:
The City of Miami entered into a lease agreement with Biscayne Bay Restaurant Corp. d/b/a/ Rusty
Pelican (the "Lessee"), dated February 13, 1970, as amended (the "Lease"), for a term of thirty (30) years
with an option to renew for two additional five (5) year periods, which lease with options will expire
October 1, 2012. Lessee has requested the Lease be extended upon its expiration for a term of ten (10)
years with the option to renew for two (2) five (5) year periods in order to provide sufficient time to
amortize the amount of capital improvements to be invested at the property.
In order to accomplish the above, it is necessary to amend the City Charter to provide an exemption from
said requirements an amendment to the Lease.
Financial mpact: There is no financial impact to the City.
JA/LMFU b:Memo CC directing City Attorney amend 29-B/Rusty Pelican
03- 854