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Home My WebLink AboutR-99-0324I N J-99-414 (] ((�� 4/30/99 RESOLUTION NO. 99 a 324 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION 98-837 WHICH ALLOWED GRAND BAY HOTEL PARTNERS, LTD. USE OF A PORTION OF THE MIAMI MARINE STADIUM PARKING LOT; FURTHER RESCINDING RESOLUTION 98-1077 WHICH ALLOWED FISHER ISLAND COMMUNITY ASSOCIATION USE OF A PORTION OF THE MIAMI MARINE STADIUM PARKING LOT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT' TO THE REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND OCEAN CLUB DEVELOPMENT COMPANY ("LICENSEE") FOR LICENSEE'S USE OF AN ADDITIONAL 33,138 SQUARE FEET OF PARKING SPACE WITHIN THE MIAMI MARINE STADIUM PARKING LOT, UNDER THE TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE REVOCABLE LICENSE AGREEMENT; PROVIDING FOR AN INCREASE IN THE MONTHLY FEE $3,056.59 TO $4,556.41 AS A RESULT OF THE ADDITIONAL SPACE PLUS PAYMENT OF APPLICABLE TAXES; FURTHER PROVIDING FOR AN INCREASE IN THE SECURITY DEPOSIT FROM $9,169.76 TO $13,669.23, PLUS STATE USE TAX IF APPLICABLE. WHEREAS, on September 8, 1998 the City Commission approved Resolution 98-837 authorizing the City Manager to execute a Revocable License Agreement with Grand Bay Hotel Partners, Ltd. ("GB") for GB's use of a portion of the Miami Marine Stadium parking lot; and WHEREAS, on April 5, 1999, GB relinquished its rights under Resolution 98-837; and WHEREAS, on October 27, 1998 the City Commission adopted Resolution No. 98-1077 authorizing the City Manager to execute a O I At14ED 1 =T COMUSSION SING OF MAY 1 1 1999 Resolution No. ... 2 4 T1• Revocable License Agreement with Fisher Island Community Association ("FICA") for FICA's use of a portion of the Miami Marine Stadium parking lot; and WHEREAS, on April 5, 1999, FICA relinquished its rights under Resolution 98-1077 WHEREAS, the City of Miami and Ocean Club Development Company ("Licensee") have entered into a Revocable License Agreement dated February 1, 1999 for Licensee's use of a portion of the Miami Marine Stadium parking lot; and WHEREAS, Licensee has requested that additional space be added to its Revocable License Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution 98-1077 and Resolution 98-837 are hereby rescinded. Section 3. The City Manager is hereby authorizedl1 to execute an amendment to the Revocable License Agreement, in substantially the attached form, between the City of Miami ("City") and Ocean Club Development Company, for the purpose of allowing Licensee the use of an additional 33,138 square feet of parking space within the Miami Marine Stadium parking lot, under '-� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. - 2 - 99 - 324 �i 731 the terms and conditions as more particularly set forth in the Revocable License Agreement, providing for an increase in the Monthly Fee from $3,056.59 to $4,556.41 as a result of this additional space plus payment of applicable taxes; and providing for an increase in the Security Deposit from $9,169.76 to $13,669.23, plus State Use tax if applicable. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this llth day of May , 1999• JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor dirt not ind .-Pte emproval of this legislation by signing it in the designated place now becomes effective with the elapse of ten (10) days from the date of C"Cairnissicri cicticn regarding same, without the Mayor exerckng f veto. Q ; ATTEST: �11�i er . F man, city Clerk WALTER J. FOEMAN CITY CLERK -.000 APPROVED TO/gRM CORRECTNESS: w34�'8 : rc1 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. - 3 - 99- 324 VA <0- AMENDMENT NO.1 TO REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF MIAMI AND OCEAN CLUB DEVELOPMENT COMPANY FOR USE OF PARKING SPACE WITHIN THE MUM MARINE STADIUM This Amendment is entered into this day of 1999, by and between the City of Miami, a municipal corporation of the State of Florida (the "City"), and Ocean Club Development Company, a Florida Corporation (the "Licensee") for the purpose of amending that certain Revocable License Agreement between the City and Licensee dated February 1, 1999, (the "Agreement') as follows: Whereas, the City and Licensee have entered into a Revocable License Agreement dated February 1, 1999 for Licensee's use of a portion of Miami Marine Stadium's parking; and Whereas, Licensee has requested that additional space be added to their Revocable License Agreement; and Whereas, the area requested by Licensee is currently available for Licensee's use; NOW, THEREFORE, in consideration of mutual covenants hereinafter set forth and in consideration of other valuable consideration the parties covenant and agree as follows: 1. Section 1 "Purpose" Paragraph 1, Sentence 2 is hereby deleted in its entirety and replaced with the following: "The City has determined that approximately 101,518 square feet of space within the Property (the "Area") which is depicted in Exhibit "A-1" attached hereto and made a part hereof, is not needed at this time by any of the City's offices or departments." 2. Section 5 "Use Fee" Paragraph 1, insert the following after the end of Sentence 2: CnM:Amendment f .doc a./ 9 i 324 "Commencing on the Amendment Effective Date, the Use Fee will increase to Four Thousand Five Hundred Fifty Six and 41/100 Dollars ($4,556.41) plus applicable State Use Tax, which shall be paid in advance and in full on the first day of each month, without notice or demand. This increase in the Use Fee is based on 101,518 square feet." 3. Section 8 "Security Deposit" Paragraph 1, Sentence 2 is hereby deleted in its entirety and replaced with the following: "At the current square footage of 101,518 square feet, the Security will be Thirteen Thousand Six Hundred Sixty Nine and 23/100 Dollars ($13,669.23), plus State Use Tax in the amount of Eight Hundred Eighty Eight and 50/100 Dollars ($888.50) for a total Security of Fourteen Thousand Five Hundred Fifty Seven and 73/100 Dollars ($14,557.73)." 4. A new Section 38 "Amendment Effective Date" is hereby added as follows: "This Amendment shall commence as of the date upon which the City Manager executes this Amendment (the "Amendment Effective Date") and shall continue until the Agreement is terminated as provided for within the Agreement. 5. A new Section 39 "Approval Of Amendment By The Oversight Board" is hereby added as follows: "The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, this Amendment shall not be binding on the City until such time as it has been approved by the Oversight Board. Attestation of this Amendment by the City Clerk shall constitute evidence of approval by the Oversight Board." CoM:Amendment Ldoc y9_ 324 t M CITY OF MIAMI, FLORIDA 111 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: % 0 D nald H. Warshaw City Manager RECOMMENDATION: DATE: D e AV 3 1999 FILE Amendment to the License SUBJECT: Agreement between the City of Miami & Ocean Club Development Company REFERENCES: ENCLOSURES: City Commission Agenda May 11, 1999 The administration recommends that the City Commission approve the attached Resolution rescinding Resolution 98-837 and 98-1077 and further authorizing the City Manager to execute an amendment to the Revocable License Agreement, in substantially the attached form, with Ocean Club Development Company. This Amendment is for the use of an additional 33,138 s.f. of space within the property located at approximately 3601 Rickenbacker Causeway, Miami, Florida, a.k.a. Miami Marine Stadium. This Amendment will provide for an increase in the monthly fee from Three Thousand Fifty Six and 59/100 Dollars ($3,056.59) to Four Thousand Five Hundred Fifty Six and 41/100 Dollars ($4,556.41), plus State Use tax if applicable, and with the terms and conditions as more particularly set forth in the Revocable License Agreement, BACKGROUND: On September 8, 1998 the City Commission approved Resolution 98-837 authorizing the City Manager to execute a Revocable License Agreement with Grand Bay Hotel Partners, Ltd. ("GB") for GB's use of a portion of the Miami Marine Stadium parking lot. On April 5, 1999, GB relinquished their rights under Resolution 98-837. On October 27, 1998 the City Commission passed Resolution 98-1077 authorizing the City Manager to execute a Revocable License Agreement with Fisher Island Community Association ("FICA') for FICA's use of a portion of the Miami Marine Stadium parking lot. On April 5, 1999, FICA relinquished their rights under Resolution 98-1077. Ocean Club Development Company ("Ocean Club") is currently constructing in the Key Biscayne area and is in need of additional employee parking. On December 8, 1998 the City Commission approved Resolution 98-1176 authorizing the City Manager to enter into a Revocable License Agreement for use of a portion of Miami Marine Stadium's parking lot at a monthly fee of Three Thousand Fifty Six and 59/100 Dollars ($3,056.59). 99- 324 I 1A Ocean Club Development Company Page Two... Ocean Club has requested to expand their current area. The Office of Asset Management has prepared the attached Resolution and Amendment to the Revocable License Agreement for consideration by the City Commission. Highlights of the Agreement are as follows: • Increase in the monthly fee from Three Thousand Fifty Six and 59/100 Dollars ($3,056.59) to Four Thousand Five Hundred Fifty Six and 41/100 Dollars ($4,556.41), plus State Use tax if applicable. • Expand Area of use from 68,380 square feet to 101,518 square feet. • Provide an increase in the security deposit from Nine Thousand One Hundred Sixty Nine and 76/100 Dollars ($9,169.76) to Thirteen Thousand Six Hundred Sixty Nine and 23/100 Dollars ($13,669.23), plus State Use tax if applicable. The principles of Ocean Club are as follows: • John A. Hinson, President • John W. Temple, Chairman • Thomas Moses, Vice President • Theodore V. Fowler, Vice President • Christopher J. Blackman, Vice President �1414�� D' B:1,B:af. Mayor CC -RLA .doc 99 - 324 `'. I J-98-876 8/19/98 RESOLUTION N0. 9 8-- 837 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), ON A MONTH -TO -MONTH BASIS AND IN SUBSTANTIALLY THE ATTAC""'D FORM, WITH GRAND HAY HOTEL PARTNERS, LTD., FOR THE USE OF APPROXIMATELY 89,240 SQUAR33 FEET OF SPACE WITHIN THE MIAMI MARINE STADIUM PARKING LOT, LOCATED AT APPROXIMATELY 3601 RICiENBACKER CAUSEWAY, MIAMI, FLORIDA, AT A MONTHLY FEE OF FOUR THOUSAND FORTY FOUR AND 43/100 DOLLARS ($4,044.43), FOR THE - PURPOSE - OF PROVIDING TEMPORARY PARKING ACCOMMODATIONS, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. WHEREAS, the City of Miami owns certain real property located at 3601 Rickenbacker Causeway, Miami, Florida, a/k/a Miami Marine Stadium (the "Property"); and WHEREAS, the City has determined that a portion of the Property is not needed at this time for use by City offices or departments; and WHEREAS, the City Commission hereby determines that it is in the best interest of the City to enter into the attached Agreement which leases a portion of the property for temporary parking purposes; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the 99- 324 ATTACHMENT (S)� CONTAINED . r a. Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorizedll to execute a Revocable License Agreement, on a month -to -month basis and in substantially the attached form, with Grand Bay Hotel Partners, Ltd. for the use of approximately 89,240 square feet of space within the Miami Marine Stadium parking lot, located at approximately 36A1 Rickenbacker Causeway, Miami, Florida, at a monthly fee. of four thousand forty-four and 43/100 dollars ($4,044.43) for the purpose of providing temporary parking accommodations. .Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.Z/ PASSED AND ADOPTED this 8th day of September , 1998. JOB CAROLLO, MAYOR In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation novv becomes effective with the elapse of ten (10) dayorom the date of Commis : n action ATTEST: regarding same, without the Mayor exemA ng o. , WALTER J . FOEMAN, CITY CLERK Wafte , City Clerk 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Z/ 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. I£ the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 99- 324 p 1 i {'w tA, APPROVED AS TO"FORM'AND CORRECTNESS:t �ATi'�S W284C:CSK:kc < J _ •. ,,. ... �. ...a �sre �1�:.7k1h7^�,f'+..n4�+C• :r_....'v+; ::'.:• Y r .. lM , J-98-1121 RECEIVED 10/27/98 ` �8��.018 ��n�25 RESOLUTION N0. OFFICE OF aS;VEMEHTS A RESOLUTION AUTHORIZING THE CITY &MUW0 b NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FISHER ISLAND HOLDINGS, L.L.C., FOR USE OF SPACE WITHIN THE MIAMI MARINE STADIUM PARKING LOT, LOCATED AT APPROXIMATELY 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AT A MONTHLY FEE OF .$15,000.00, FOR THE PURPOSE OF PROVIDING TEMPORARY PARKING ON A MONTH TO MONTH BASIS, AND AT TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. WHEREAS, Fisher Island Holdings, L.L.C. has requested that it be permitted to construct and manage parking facilities for temporary parking on property located on Virginia Key; and WHEREAS, the Administration has determined that a portion of certain real property located at 3601 Rickenbacker Causeway, Miami, Florida, a/k/a Miami Marine Stadium (the "Property") is not utilized at this time by any of the City's offices or departments; and WHEREAS, the City Commission has determined that it is in the best interests of the City to enter into a Revocable License Agreement, in a form acceptable to the City Attorney, with Fisher Island Holdings, L.L.C. for use of a portion of said Property at a monthly fee of $15,000.00, on a month to month basis, at terms 99— 324 OCT 1W and conditions set forth in Revocable License agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. , The City Manager is hereby authorized3-1 to negotiate and execute a Revocable License Agreement ("Agreement"), in a form acceptable to the City Attorney, with Fisher Island Holdings, L.L.C. for the use of space within the Miami Marine Stadium Parking Lot, located at approximately 3601 Rickenbacker Causeway, Miami, Florida, at a monthly fee of $15,000.000, for the purpose of providing temporary parking on a month to month basis, and at terms and conditions as more particularly set forth in said Agreement. Section 3. This Resolution shall become effective 1/ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 99- 324 2 - motaorrrr 4- imanediately upon its adoption and signature of the Mayor.Z/ PASSED AND ADOPTED this 27th day of Qntobr , 1998. JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED TO/FORM CORRECTNESS :tp'/ 034:BSS in accordance with Miami Code Sec. 2.W, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of -ten (10) da from the date of Commissicn action regarding same, without the Mayo a ercisin eto. yet , City Clerk 1 2/ 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. - 3 - 99- 324 t,,