HomeMy WebLinkAboutR-94-0406J-94-483
6/9/94
94- 406
RESOLUTION NO.
A RESOLUTION DIRECTING THE CITY MANAGER TO
ALLOW VIRGINIA KEY MARINA PARTNERSHIP, INC.
(VKM), THE CONTINUED MONTH -TO -MONTH USE OF
THE AREA GOVERNED BY THE CONCESSION AGREEMENT
DATED MAY 19, 1978 BETWEEN THE CITY OF MIAMI
AND MARINE STADIUM ENTERPRISES, INC., AS
ASSIGNED, AMENDED AND MODIFIED, FROM JUNE 30,
1994, UNTIL SUCH TIME AS THE UNIFIED
DEVELOPMENT PROPOSALS (UDP) PROCESS IS
COMPLETE OR DECEMBER 1, 1994, WHICHEVER
OCCURS EARLIER, PROVIDED THAT NO LATER THAN
JULY 9, 1994, VKM COMPLIES WITH CERTAIN
CONDITIONS AS SPECIFIED HEREIN.
WHEREAS, Virginia Key Marina Partnership, Inc., (VKM) has
been 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, on November 23, 1993 by 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 CONIIuIISSION
MEETHIG OF
.J U N Q 9 1994
Raxolution No.
94- 406
WHEREAS, on November 23, 1993, by Resolution 93-749, the
City Commission declared that the most advantageous method to
develop certain improvements on the subject premises is by a
Unified Development Proposal (UDP) process; and
WHEREAS, on January 13, 1994, by Resolution No. 94-22, the
City Commission allowed VKM to continue to operate its marina and
ancillary services on a month -to -month basis for a period not to
extend beyond June 30, 1994, with VKM and its sublessees each
paying the City an increased fee of 14% for the dry rack boat
storage and sublease operations respectively, and with the 10.3%
of the gross receipts to be paid the City by the restaurant
sublessee to remain the same; and
WHEREAS, on
March 24,
1994
by Resolution No.
94-211,
the
City Commission
extended
the
submission date
for the
UDP
proposals from May 6, 1994 to June 6, 1994; and
WHEREAS, it is not reasonable to expect that the UDP process
will be complete and a successful proposer will be operational in
the proposed new marina by July 1, 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.
Section 2. The City Commission hereby authorizes the
City Manager to allow Virginia Key Marina Partnership, Inc. (VKM)
to continue the month -to -month operation of the marina and its
94- 466
i
ancillary services in the area governed by that certain
Concession Agreement dated May 19, 1978 between the City of Miami
and Marine Stadium Enterprises, Ino., as assigned, amended, and
modified by Resolution No. 94-22, from June 30, 1994 until such
time as the UDP process is complete or December 1, 1994,
whichever occurs earlier, provided that no later than July 9,
1994 the following conditions are met: (1) VKM shall dismiss
Case No. 94-10463 filed in Dade County, (2) VKM shall execute an
acknowledgment agreeing to comply with the conditions expressed
herein including therein a provision stating that any property,
equipment or trade fixtures left on the premises after the
termination date shall become the property of the City, (3) VKM
shall pay all outstanding debts to the City.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of June 1994.
STtPHEN P. CL RK, MAYOR
ATT
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
LIE 0.
ASSISTANT CITY ATTORNEY
JOB:osk:M4375
-3-
APPROVED AS TO FORM AND
CORRECTNESS:
44
A. Q N J S, III
CITY ATTO
14- 406
CITY OF MIAMI, FLORIDA 35
INTER -OFFICE t""1MORANDUM
TO : Honorable Mayor and Members DATE JUN 2 1994 FILE
of the City Commission
SUBJECT Resolution Allowing Use of
Concession Area on Month -
to -Month basis by Virginia
FROM : REFERENCES Key Marina Prtnrshp, Inc.
Cesa io
Cit r ENCLOSURESFor June 9, 1994
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. (VKM) and its sublessees the
continued use 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, from June 30, 1994
until such time as the Unified Development Process (for the
proposals received on June 6, 1994) is complete, provided that
any and all outstanding debts are paid by VKM and its sublessees
no later than thirty (30) days after this resolution becomes
effective; with VKM and its sublessees continuing to pay to the
City a fee of 14% for the dry rack boat storage and sublease
operations respectively, and with the gross receipts to be paid
the City by the restaurant sublessee to remain at the existing
10.3%.
BACKGROUND:
Virginia Key Marina Partnership, Inc. 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 ("Concession Agreement"). On November 23, 1993 the
City Commission authorized the City Manager to prepare a draft
Request for Proposals for the unified development of a boat yard
facility and optional ancillary marine -related retail uses on the
subject land (UDP). Because it was reasonably expected that a
successful proposer would not be operational in the proposed new
marina until July 1, 1994, on January 13, 1994 by Resolution No.
94-22 the Commission allowed VKM to continue to operate its
marina and ancillary services on a month -to -month basis for a
period not to extend beyond June 30, 1994 with an increased user'
fee.
Honorable Mayor and Members
of the City Commission
Page 2
However, on March 24, 1994 by Resolution No. 94-211, the
Commission extended the submission date for the proposals from
May 6, 1994 to June 6, 1994. Consequently, it is not reasonable
to.expect that the UDP process will be complete and a successful
proposer will be operational in the proposed new marina by July
1, 1994. Therefore, in order to avoid interruption of services
to the boating community, it is recommended that the City
Commission extend on a month -to -month basis the Concession
Agreement from June 30, 1994 until such time as the UDP process
is complete, provided that any and all outstanding debts are paid
by VKM and its sublessees by no later than thirty (30) days after
this resolution becomes effective; with VKM and its sublessees
continuing to pay to the City a fee of 14% for the dry rack boat
storage and sublease operations respectively, and with the gross
receipts to be paid the City by the restaurant sublessee to
remain at the existing 10.3%.
Attachment: Proposed Resolution
0
94- 466