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HomeMy WebLinkAboutR-97-0022r ri J-97-048 1/16/97 RESOLUTION NO. 9 r1 _ 22 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CLOSE THE CITY -OWNED FACILITY LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, KNOWN AS THE DINNER KEY BOATYARD (THE "BOATYARD'); AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSURE THAT: ALL TENANTS PAY ALL RENT DUE BY JANUARY 31, 1997; ALL TENANTS WHO FAIL TO PAY ALL RENT DUE BY JANUARY 31, 1997 ARE TO RELINQUISH POSSESION BY JANUARY 31, 1997 PURSUANT TO THE PROVISIONS OF THE TERMINATION NOTICES SERVED; ALL TENANTS WHO REMAIN AT THE BOATYARD ENTER INTO AN AGREEMENT TO VACATE THE BOATYARD BY APRIL 1, 1997; ALL VESSELS STORED AT THE BOATYARD ARE REMOVED BY FEBRUARY 16, 1997; FURTHER DIRECTING THE CITY ATTORNEY TO TAKE ALL NECESSARY LEGAL ACTION, TO INSURE THAT ALL PERSONS OCCUPYING THE BOATYARD RELINQUISH POSSESSION THEREOF, AND THAT ALL PERSONAL PROPERTY INCLUDING ANY VESSELS STORED AT THE BOATYARD ARE REMOVED THEREFROM IN ACCORDANCE WITH THE PROVISIONS HEREOF. WHEREAS, the City of Miami is the owner of a waterfront facility known as the Dinner Key Boatyard, located at 2640 South Bayshore Drive, Miami, Florida (the "Boatyard"); and WHEREAS, as part of the Financial Strategic Recovery Plan implemented to assist the City of Miami in its recovery from the financial emergency in effect as of fiscal year 1996-1997, it has been recommended that the Boatyard which operates at a loss of sixty-six thousand dollars a year be closed; and - 1 - ary C®M MEETING OF JAM 1 6 1997 Resolution No. �� —% A. WHEREAS, the City is scheduled to commence construction of certain improvements at said facility, including the construction of a fifty-two (52) slip marina and repairs to the existing seawall during the early part of 1997; and WHEREAS, the Boatyard is presently occupied on a month to month basis by approximately twenty two (22) tenants (the "Tenants"); and WHEREAS, in order to undertake such construction and repairs in a safe, efficient, and expeditious manner it is necessary to vacate the Boatyard and remove all persons and property therefrom; and WHEREAS, the City Manager, in accordance with the requirements of Section 83.03 of the Florida Statutes, has given notice to the Tenants thereby terminating their tenancy effective January 31, 1997; WHEREAS, the City Commission has determined that if the Tenants pay all rent due to the City by January 31, 1997, the Tenants may continue to use and occupy their respective spaces at the Boatyard until April 1, 1997. 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 is fully set forth in this Section. - 2 - 97- 22 W Section 2. The City Manager is hereby authorized and directed to close the City -owned facility known as the Dinner Key Boatyard, located at 2640 South Bayshore Drive, Miami, Florida. Section 3. The City Manager is hereby further authorized and directed to: (i) insure that Tenants who do not pay all rent due to the City by January 31, 1997 relinquish possession of their respective spaces at the Boatyard by January 31, 1997 in accordance with the provisions of the Notice of Termination which was served on the Tenants on December 31, 1996; (ii) permit Tenants who pay all rent due to the City by January 31, 1997 to continue their use and occupancy of the Boatyard, provided that they execute an agreement to peacefully relinquish possession of their respective spaces at the Boatyard by April 1, 1997; (iii) insure that all vessels stored at the Boatyard are removed by February 16, 1997; Section 4. The City Attorney is hereby authorized and directed to take all necessary legal action to insure that all persons relinquish possession of the Boatyard and all property is removed therefrom in accordance with the dates set forth herein. This Resolution shall become effective immediately upon its adoption. - 3 - 9'7 - 22 PASSED AND ADOPTED this 16th day of January 1997. JOE ROLLO, MAYOR A TE WALTER 4eN CITY CL PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS. JULIE 0, 13'IZU NN/jp S, I ASSISTANT CITY ATTORNEY CI Y A EY W1374:JOB::BSS:kd - 4 - 97- 22 TO Honorable Mayor and Members of the City Pramission Edward ar z FROM : City Manager RECOMMENDATION: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 23 MA DATE 9 1407 FILE Resolution Authorizing the City SUBJECT : Manager to Close the Dinner Key Boatyard effective February 1, 1997 REFERENCES : ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to close the Dinner Key Boatyard effective February 1, 1997. Further to authorize the City Manager to terminate all usage and occupancy thereof., and to require the removal of all personal property and/or vessels stored at the property. BACKGROUND: The City of Miami is the owner of the Dinner Key Boatyard, located at 2640 S. Bayshore Drive. The Dinner Key Boatyard is currently occupied by tenants with no lease agreement who are required to pay rent on a month to month basis. There are approximately twenty-five (25) tenants occupying both structures that comprise the Dinner Key Boatyard. The tenants do not have a written agreement or lease with the City of Miarni. The City of Miami intends to construct a 52 slip manna and repair the seawall. The Public Works Department's implementation schedule estimates construction to begin in early 1997. The City Manager requests authorization to close the Dinner Key Boatyard effective February 1, 1997 to allow sufficient time to terminate all usage and remove all personal property in order to begin the construction of the marina and seawall. VAR CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Edward Marquez DATE January 8, 1997 FILE City Manager SUBJECT : Resolution Authorizing the City Manager to Close the Dinner Key Christina P. Abrams, Director Boatyard FROM REFERENCES: Conferences, Conventions & Public Facilities ENCLOSURES: Please sign the attached memorandum recommending the City Commission adopt a resolution authorizing the City Manager to close the Dinner Key Boatyard effective February 1, 1997. The Law Department has advised that the City Commission adopt a resolution authorizing the City Manager to close the boatyard and terminate all usage and occupancy, and require the removal of all personal property and vessels from the property. By copy of this memo we are requesting the Agenda Office schedule this item for inclusion on the City Conunission agenda for January 16, 1997. Thank you. cc: Julie Bru, Asst. City Attorney Elvi C. Gallastequi, Agenda Coordinator Raul de la Torre, Marinas Manager 97- 22 3