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Home My WebLink AboutR-94-0022J-93-880 25493 4/9� RESOLUTION NO. f4 22 A RESOLUTION AMENDING RESOLUTION NO. 93-731, ADOPTED NOVEMBER 23, 1993, WHICH DIRECTED THE CITY MANAGER TO ALLOW VIRGINIA KEY MARINA, INC. ("VKM") THE CONTINUED USE OF CITY -OWNED LAND, FOR THE AREA GOVERNED BY THE CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI AND MARINE STADIUM ENTERPRISES, INC., ON A MONTH - TO -MONTH BASIS, SAID CONTINUED USE NOT TO EXTEND BEYOND MARCH 31, 1994, THEREBY: (1) EXTENDING SAID MONTH -TO -MONTH USE FROM MARCH 31, 1994 TO JUNE 30, 1994; AND (2) EFFECTIVE JANUARY 1, 1994, INCREASING THE PERCENTAGE OF VKM'S AND ITS SUBLESSEES' GROSS RECEIPTS TO BE PAID THE CITY FROM TEN AND THREE TENTHS PERCENT (10.3%) TO FOURTEEN PERCENT (14%) FOR THE DRY RACK BOAT STORAGE AND SUBLEASE OPERATIONS RESPECTIVELY, WITH THE GROSS RECEIPTS TO BE PAID THE CITY BY VKM FOR THE RESTAURANT REMAINING AT THE EXISTING TEN AND THREE TENTHS PERCENT (10.3%). WHEREAS, Virginia Key Marina Partnership, Inc. has been I operating a marina and ancillary services in Virginia Key on City -owned land, under that certain Concession Agreement dated May 19, 1978, between the City of Miami and Marine Stadium Enterprises, Inc., as assigned and amended, which expired on May 31, 1993; and WHEREAS, under said Concession Agreement, Virginia Key Marina Partnership, Inc. (VKM) and its sublessees have annually paid the City 10.3 percent of gross receipts; and WHEREAS, on November 23, 1993, pursuant to Resolution No. 93-731, the City Commission extended said Concession Agreement on a month -to -month basis through March 31, 1994 and instructed the City Manager to renegotiate the percentage of gross to be paid by VKM during the month -to -month extension; and CITY COMUSS101f MEETING OF JA N 1 3 1994 Resolution No. 4- 22 WHEREAS, the fee to the City has been renegotiated to fourteen percent from dry rack boat storage and sublease operations, with the fee to the City for the restaurant remaining at the existing 10.3 percent of gross receipts; and i WHEREAS, on November 23, 1993, pursuant to Resolution No. 93-749, the City Commission declared that the most advantageous method to develop certain improvements on the subject premises is by a Unified Development Project (UDP); and WHEREAS, the anticipated UDP schedule will not permit a recommendation from the City Manager to the City Commission for i selection or rejection of a proposal until May, 1994; and WHEREAS, it is reasonably expected that a successful proposer will not be operational in the proposed new marina until July 1, 1994; and WHEREAS, the City Manager has recommended that the March 31, 1994 expiration of the month -to -month use of the property be reconsidered and extended until June 30, 1994; 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. i Section 2. Resolution No. 93-731, adopted November 23, 1993, is hereby amended in the following particulars:l/ 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 9 4 - 22 n Section 2. The City Manager is hereby directed to allow the Virginia Key Marina, Inc. to continue to operate its marina and ancillary services, on a month - to -month basis, in the area governed by that certain Concession Agreement dated May 19, 1978 between the City of Miami and Marine Stadium Enterprises, Inc., as assigned and amended, with a fee to the City percent of its gross --reve uee, said continued use not to extend beyond March 31,--1994, June 30, 1994. Section 3. Virginia Key Marina Partnership, Inc. shall pay the City 10.3 percent (10.3%) of its gross revenues through December 31, 1993 for the use of said premises. Section 4. Effective January 1, 1994, Virginia Key Marina Partnership, Inc. and its sublessees shall pay the City fourteen percent (14%) of their gross revenues derived from dry rack boat storage and sublease operations, respectively. Additionally, Virginia Key Marina Partnership, Inc. shall continue to pay the City ten and three tenths percent (10.3%) of its cross revenues derived from the restaurant. Section -3 5. This Resolution shall become effective immediately upon its adoption." Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th ATT T w MATT HIRAI CITY CLERK PREPARED AND APPROVED BY: LI A K. XEASON ASSISTANT CITY A TORNEY LKK/BSS/pb/M4037 -3- day of January , 1994. STEPAN P. CLARK, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. INNIJONES, II CITY A NEY ,4_ 22 CITY OF MIAMI, FLORIDA INTER.; (T ,ICI+�4DQRANDUM i TO Matty Hirai '94 RPP -6 DRO:;06 April 6, 1994 FILE City Clerk u3�JCT: Clarification of MA I � if l�iNP Resolution No. 94-22 FROM A. Q nnprey S I I I I REFERENCES: City Att ENCLOSURES Upon review of Resolution No. 94-22 and the Concession Agreement dated May 19, 1978 referenced in the Resolution, and subsequent discussions with the Office of Asset Management, this office has determined that the following underscored language in said Resolution is ambiguous and does not accurately reflect the City Commission's intent: Section 4. Effective January 1, 1994, Virginia Key Marina Partnership, Inc. shall pay the City fourteen percent (14%) of its gross revenues derived from dry rack boat storage and sublease operations and 10.3 percent (10.3%) of its cross revenues derived from the restaurant. The language should read as follows: Section 4. Effective January 1, 1994, Virginia Key Marina Partnership, Inc. and its sublessees shall pay the City fourteen percent (14%) of their gross revenues derived from dry rack boat storage and sublease operations, respectively. Additionally, Virginia Key Marina Partnership, Inc. shall continue to pay the City ten and three tenths percent (10.3%) of its cross revenues derived from the restaurant. Enclosed herewith is a revised Resolution for execution by Mayor Clark. If additional information is needed, please contact Linda Kelly Kearson, Assistant City Attorney. Thank you for your cooperation in this matter. LKK/pb/P905 Enclosure cc: Christina Cuervo Anna Sardina 94 22 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM : Ces CitMI—Nero DATE : DEC - 21993 FILE : SUBJECT : Resolution Allowing Use of Concession Area on Month -to - Month basis by Virginia Key REFERENCES : Marina Partnership, Inc. ENCLOSURES: For -December 16, 1993 Commission Meeting RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution directing the City Manager to allow Virginia Key Marina Partnership, Inc. the continued use on a month -to -month basis of the area governed by the Concession Agreement dated May 19, 1978 between the City of Miami and Marine Stadium Enterprises, Inc., as assigned and amended, with a renegotiated fee to the City of fourteen percent (14%) of its gross revenues from dry rack boat storage and sublease operations, except for the restaurant which will remain at the existing 10.3% of gross receipts; further reconsidering the proposed March 31, 1994 expiration of the month -to -month extension, to June 30, 1994. BACKGROUND: Virginia Key Marina Partnership, Inc. (VKM) has been operating a marina and ancillary services under that certain Concession Agreement dated May 19, 1978 between the City of Miami and Marine Stadium Enterprises, Inc., as assigned and amended, which expired on May 31, 1993. Under the Concession Agreement, VKM and its sublessees have historically paid the City a fee of 10.3% of gross proceeds. Because the premises governed under the expired Concession Agreement are presently under consideration for a new Request for Proposals, the City Manager recommended on November 23, 1993 that VKM be granted continued usage of the concession area on a month -to -month basis with a continued fee to the City of 10.3% of its gross revenues until a successful proposer is selected and a new agreement is executed. On November 23, 1993, by Resolution 93-731, the City Commission instructed the City Manager to renegotiate the percentage of gross to be paid by VKM during the proposed month -to -month extension which was not to exceed beyond March 31, 1994. The administration has renegotiated the fee to the City to fourteen percent (14%) of gross from the dry rack boat storage and sublease operations, while the restaurant remains at 10.3% of gross revenues. On November 23, 1993, the Commission further authorized the City Manager to prepare a draft Request for Proposals (RFP) and to schedule a public hearing for December 16, 1993 at 3:00 p.m. Said draft includes the following anticipated schedule for the RFP process: 94- 22 11 Honorable Mayor and Members of the City Commission Page 2 I. Unified Development Schedule (Anticipated) Issuance of the RFP December 23, 1993 Proposal Pre -Submission Conference Location: Dept. of Development 300 Biscayne Blvd. Way Suite 400 Miami, Florida Proposal Submission Deadline Location: Office of the City Clerk (First Floor Counter) Miami City Hall 3500 Pan American Drive Dinner Key Miami, Florida Initial Review of Proposals Review Committee Meeting Review Committee Meeting CPA Firm Initial Evaluation of Proposals Available to Committee Review Committee Interviews with Qualified Proposers & CPA Firm Presentation of its Finding to the Committee Recommendation from the Review Committee and CPA Firm to the City Manager January 11, 1994 10:00 a.m. March 26, 1994 2:00 p.m. March, 1994 March, 1994 April, 1994 April, 1994 April, 1994 Recommendation from the City Manager to the City Commission for Selection of One or More Proposals or Rejection of all Proposals/1st Meeting in May, 1994 94- 22 I Honorable Mayor and Members of the City Commission Page 3 It is reasonably expected that a successful proposer will not be operational in the proposed new marina until July 1, 1994. Therefore, in order to avoid interruption of services to the boating community, it is recommended that the City Commission reconsider the month -to -month extension of the Concession Agreement dated May 19, 1978 between the City of Miami and Marine Stadium Enterprises, Inc., as assigned and amended, from the March 31, 1994 expiration to June 30, 1994 with the renegotiated fee to the City. Attachment: Proposed Resolution 3 94- 22