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HomeMy WebLinkAboutR-93-0664J-93-777 10/14/93 93- 664 RE50LUTTON N0. A RESOLUTION REAFFIRMING THE MIAMI CITY COMMISSION'S COMMITMENT TO AND SUPPORT OF THE CONSENT DECREE ENTERED IN 1977 BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF MIAMI IN THE FEDERAL COURT CASE OF UNITED STATES OF AMERICA V. CITY OF MIAMI, ET AL._, CASE NO.: 75-3096-CIV-KEHOE, AND SIGNED SUBSEQUENT TO THAT TIME BY INTERVENING PARTIES. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission's commitment to and support of the Consent Decree entered in 1977 between the United States of America and the City of Miami in the federal court case of United States of America v. City of Miami, et al., Case No.: 75- 3096-CIV-KEHOE, and signed subsequent to that time by intervening parties is hereby reaffirmed. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of 0 tober 1993. XAVIER . 5UA EZ, MAYOR A TY HIRAI, CITY CLERK CITY COMMISSION M££TING OF OCT 14 1993 AesoIution No. 93- 664 PREPARED AND APPROVED BY: ZQ6"M-Z, ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QUIND J N S, III CITY ATTO Y M3939/ABS/sls -2- 93- 664 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 11 TO Honorable Mayor and Members DATE : OCT 0 � 1Q93 FILE of the City Commission SUBJECT : Rejection of Lighthouse Marina and Boatyard at Dinner Key FROM : Cesa io REFERENCES: Proposal Citylager ENCLOSURES: City Commission Meeting of October 14, 1993 i On July 16, 1992, the City Commission, by Resolution 92-488, authorized the issuance of a Request for Proposals ("RFP") for Unified Development ("UDP") of a full service boatyard facility, marina, and optional ancillary marine -related related use on a City owned waterfront property, selected a Certified Public I Accounting ("CPA") firm and appointed members of a Selection Review Committee ("Committee") to evaluate the proposals to be submitted for this project. The Request for Proposal document was issued on August 7, 1992 and the City received one proposal from the Lighthouse Marina and Boatyard at Dinner Key Inc. on the proposal deadline date of February 16, 1993. Subsequently, the proposal was evaluated by Committee and CPA, and separate reports were rendered to the City Manager for his assessment of the proposal. On September 7, 1993, the City Commission rejected the recommen- dation of the City Manager to refuse the proposal and adopted a motion to send it back to the Committee for reevaluation and a recommendation directly to the City Commission. In accordance with the City Commission request, the Committee met on September 22, 1993. After extensive analysis and discussion of the proposal, and after taking into consideration the report prepared by the aforementioned CPA firm, the Committee adopted a motion to recommend the City Commission the rejection of the proposal submitted by the Lighthouse Marina and Boatyard at Dinner Key Inc. to redevelop the Dinner Key Boatyard & Marina property. Attachments: Proposed Resolution Selection Review Committee Report Selection Review Committee Minority Report i m CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM, r . TO : DATE '1 1 ` R i FILE The Honorable Mayor and Members, . P U t��3 of the City Commission SUBJECT : Resolution Authorizing Execution of Amendment to Agreement FROM REFERENCES: Cesa ;� � io City ger ENCLOSURES: RECOMMENDATION: It is respectfully requested that the City Commission adopt the attached resolution authorizing the City Manager to execute Amendment No. 1 to the Management Agreement, in substantially the attached form, with the Boat Yard Management Company, Inc., for the management, maintenance and operation of City -owned property known as the Dinner Key Boat Yard, located at 2640 South Bayshore Drive, Miami, Florida, said amendment modifying certain terms and conditions of the Agreement, authorized pursuant to Resolution No. 92-690, adopted October 22, 1992. BACKGROUND: The Office of Asset and Grant Management has prepared the attached legislation to provide amendments to certain terms and conditions of the Management Agreement with Boat Yard Management Company, Inc. Specifically, these amendments will provide for extension of the Management Agreement on a month -to -month basis and provide for a temporary reduction in Consideration. The Management Agreement approved by the Commission provided for a six month term commencing December 18, 1992 and authorized the City Manager to extend the term for an additional six month period. Section 5 of the agreement entitled "Consideration" provided for a minimum guarantee of $13,000 per month plus 10% of all gross receipts in excess of $50, 000 as may be accrued monthly on a non - aggregate basis. In addition, the City is to be paid 2 1/2% of all gross receipts accruing monthly on a non -aggregate basis from the sale of boats. Boat Yard financial �V agreement. partially incomplete. Management Company, Inc. has struggled to meet the obligations required under the present management Revenues at the boatyard have decreased significantly s a result of improvements at Dinner Key Marina being 93- GS4.1 NO, The honorable Mayor and Members of the City Commission Page 2 In an effort to provide for the continued operational viability of the boatyard, the City and Boat Yard Management Company, Inc. have renegotiated the amount of Consideration for the period commencing June 18, 1993, to be as follows: Boat Yard Management shall pay a Minimum Guarantee of $7,000 per month plus 10% of Gross Receipts in excess of $30,000. At the time construction of improvements at Dinner Key Marina is substantially complete in order to permit occupancy of at least 95% of these slips, the City Manager will be authorized to renegotiate and enter into the necessary implementing documents to provide for an increased Consideration to be applied to all renewal options exercised by Boat Yard Management Company thereafter. It is further recommended that the term of the Management Agreement be amended to provide for extensions on a month -to -month basis rather than a one-time extension for six months. Extending the term in this manner will permit continued operation of the boatyard without encumbering the property for an extended length of time. In order not to impede Boat Yard Management Company's ability to operate the boatyard, this Management Agreement will still honor all permits, licenses or agreements entered into by Boat Yard Management for 90 days after the effective date of the termination or expiration. 93— 664•1 DRYDOC fE*111finIq"W?Rkl'!I+eRn.v�Mea - /nrr.', of 2640 S. Ftnymhor© Dr., I)i�:l.aut t)1�/�,:;:::',t hr4�lr.%t��,t'nrl•r t tlf IYlieiJt)I ''itmi, Fl. :1321.i-t.J1t.t,; ntni, 17L 3:3133. (305) 13158-1222 Jule 7, 199.4 '1 ou kncm v, our co, itra ;l t, m anavi� ow `)o-10 1�. flayshore Dr property expired. (in Jime I �:i, 10931. The 1,:311Ctti''fltt 15' oui p pos;d to continue to t111nagt' tile !lrop?l"tv Our rc:vlvs ;,t -, h;tve, di opv?cd Ivry $1 6.060, tit 4(,)°•n (firo tl $40,000 ill January to $24,000 in Klav). '1"tare are thmer :l(,.tt5rs lE�;ulinn. tc) this decline: (<t) most, hurricmne,-I:lstrllJtgml 1:�0111; III the C:OC.0111.1t Gltwt, area have been repaired, (b) Dinner K(�y Marina 11-As 1110t re ';�)JirlCtl yet'11213 there :Ir(I li,•-, howls l''<tiliu sti.II-er! I11* �%~Orked on In the me3; (c) Oiere nic no tl'1•' ,:: oil our 1 ropurtv.:' ref ,,r. Ita•.r kml� dry dock- space to other. t )w Minimum Gurunlo:c: nlunthly to the City of Miami will doa se to $'-100,►/muTith, 014,octiye jinn. I,�, IWO a chain.. • f-oIll the prcvit:,us g11,0001month Ill oddition to the Monthl'ti- 1101nrtmun (.In;Ili;a;r, we kvill pay thc. City of Miatrli 1.0% c)f ally GrOsS ovr,,r $ 1t' .(Kil)/rTlt>n1h, t'tfCCIi';c June 18. 1993, a change from the pievoius 'IY' hill Continuo to 1 thc• i:-n1 !Jinni, 1,..dance due to tht. City of Miami plus all ItJrt rr,51 'acc.tued I'rom r;ttr 1, -vilrii s ,:or;rrat't Wh�'n ?111V of tlw exi,;tiJl,, (1)), 01- (0 , blwc) 1:113MW Ma(COOIN, lve.. "VI hr. n1'ret, tc.:1 ICT11,91011.111 Al 01't . -ont 11IJvrnent6z. n oth Z. ootyaArd r0ari It}!".I)'lcili CI!!1117R1,�. Ile.,: and the City (W -171dri11 Will continue to abid'� by all other turnis in om, �11q' n.01 ;')Ittl:,v.1 a . 111'ifi It uker, lkmtv-,v l h4lrl %u('m,,.,t t rr jr)--. rlha FlInnirr KeN 01dock