HomeMy WebLinkAboutR-93-0730J-93-826
11/2/93 93-- 730
RESOLUTION NO.
A RESOLUTION REJECTING THE BAYSIDE SEAFOOD
RESTAURANT AND BREWPUB PARTNERSHIP PROJECT
AND THE LEASE AGREEMENT BETWEEN THE CITY OF
MIAMI AND BAYSIDE SEAFOOD RESTAURANT AND
BREWPUB PARTNERSHIP ("BAYSIDE") PERTAINING
THERETO, PROPOSED ON JUNE 291 1993, TO
OPERATE A RESTAURANT, BREWERY AND MARINE -
RELATED RETAIL FACILITY ON CITY -OWNED
WATERFRONT PROPERTY OF APPROXIMATELY 2.88
ACRES LOCATED ADJACENT TO AND IMMEDIATELY
j WEST OF MIAMI MARINE STADIUM ON THE SOUTHERLY
SHORELINE OF THE MARINE STADIUM BASIN, MIAMI,
FLORIDA.
WHEREAS, on September 14, 1989, by Resolution No. 89-804,
the City Commission determined that the development of
approximately 2.88 acres of City -owned waterfront property
located adjacent to and immediately west of Miami Marine Stadium
�+ more commonly known as Virginia Key Basin, Miami, Florida, would
best be accomplished by the Unified Development Project process
for a Restaurant with ancillary marine -related retail uses; and
I
WHEREAS, on June 7, 1990, by Resolution No. 90-499, the City
Commission authorized the issuance of a Request for Unified
Development Proposals for a Restaurant with marine -related retail
and recreation uses at Virginia Key Basin, selected a certified
public accounting firm and appointed members of a Review
Committee to evaluate the proposals as their duties are
prescribed by local law; and
CITY COMMISSION
KEETING OF
NOV 2 3 1993
Resolutwu No.
93- 730
WHEREAS, the Request for Unified Development Proposals for
Virginia Key Basin was issued on June 21, 1990, and contained
specific evaluation criteria to be used by the certified public
accounting firm and the review committee; and
WHEREAS, one proposal was received by the City in response
to the Request for Unified Development Proposals on September 21,
1990, the published date for receipt of proposals; and
WHEREAS, the certified public accounting firm rendered its
written report to the City Manager analyzing the proposals based
on the financial viability of the proposed development team, its
;
proposed financial strategies, and assessed comparatively the
I
short and long-range economic and fiscal return to the City and
evaluated the economic feasibility of the proposed development;
and
WHEREAS, the Review Committee received the presentation of
the proposer and, after extensive analysis and discussion of the
one proposal, rendered a written report to the City Manager
containing an evaluation of the proposal based on the specific
criteria in the Request for Proposals that included the
experience of the development team including, without limitation,
experience on similar projects, the capability of the development
team, the proposer's financial capability and level of financial
commitment, the financial return to the City, overall project
design and extent of minority participation; and
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WHEREAS, the City Manager, after taking into consideration
the findings of the certified public accounting firm and the
evaluation of the Review Committee including personal interviews
conducted with the proposer, recommended the selection in
principle of the proposal; and
WHEREAS, in accordance with the City's Unified Development
Project process outlined in Charter Section 29-A(c) and Code
Section 18-52.9, the City Manager transmitted to the City
Commission his recommendations including the written reports from
the aforementioned certified public accounting firm and Review
Committee; and
WHEREAS, on April 11, 1991, by Resolution No. 91-276, the
City Commission authorized the City Manager to negotiate a lease
agreement with Bayside Seafood Restaurant and Brewpub Partnership
including certain terms and conditions and requiring the City
Manager to present the negotiated lease agreement to the City
Commission for consideration and approval by the Commission prior
to execution of said agreement; and
WHEREAS, the City Attorney determined that the lease
agreement would require approval of the electorate of the City of
Miami prior to execution of said agreement; and
WHEREAS, on July 11, 1991, by Resolution No. 91-518, the
City Commission found the proposed lease to be in the best
interest of the public and directed that a special municipal
election be held to allow the voters an opportunity to approve or
disapprove the proposed lease agreement; and
93- '730
3
WHEREAS, on September 3, 1991, a special municipal election
was held for the purpose of submitting to the qualified electors
of the City of Miami for their approval or disapproval of the
following question:
PROPOSED LEASE OF CITY -OWNED LAND ON
"VIRGINIA KEY BASIN PROPERTY"
"Shall the City of Miami be authorized to lease 2.88
acres of City -owned land ("Virginia Key Basin
Property") for 20 years with two lease renewal options
totalling ten years, subject to capital and equipment
investments of $2 million and a minimum annual rent of
$200,000, and to such additional requirements as
determined by the City Commission, to Bayside Seafood
1 Restaurant and Brewpub Partnership to operate a
restaurant, brewery and marine -related retail
facility?"
and;
WHEREAS, a majority of the electors voted "Yes, For the
Measure"; and
WHEREAS, on June 29, 1993, the negotiated Lease Agreement
was presented to the City Commission, subject to the proposers'
securing financing; and
WHEREAS, on June 29, 1993, the City Commission passed Motion
93-369 stipulating:
...that if no final approval has been granted to the
Bayside Seafood Restaurant and Brewpub Partnership
Project within 90 days (for operation of a
restaurant/brewery/marine-retail facility on City -owned
waterfront property of approximately 2.88 acres located
adjacent to and immediately west of Miami Marine
Stadium, on the southerly shoreline of the stadium)
after appropriate verification of financial criteria to
ascertain proposers' financial capability per
guidelines established by the Commission on this same
date, then the City Commission shall proceed to reject
said project and shall direct the administration to
proceed with a Unified Development Project (UDP) for
use of said City waterfront property.
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93- '730
WHEREAS, Bayside Seafood Restaurant and Brewpub Partnership
has not provided evidence of financing for the said project;
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 Bayside Seafood Restaurant and Brewpub
Partnership project and the negotiated Lease Agreement presented
to the City Commission on June 29, 1993 pertaining thereto, for
the operation of a restaurant, brewery and marine -related retail
facility on City -owned waterfront property of approximately 2.88
acres located adjacent to and immediately west of Miami Marine
Stadium, on the southerly shoreline of the stadium are hereby
rejected.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 23rd day of November , 1993.
STEPH N P...CLARK,JKAYOR
ATTE
MATTY HIRAI
City Clerk
5
93- 730
PREPARED AND APPROVED BY:
fflTDA K. KEARSO
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
ol
A. QU JO , I
00
CITY AT OR
2
93- '730
CITY 3- lJiAM;, 'LORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
TO of the City Commission
Cesar H. Odio
FROM : City Manager
F4�?
DATE NOV O J !" 44. FILE
Resolution Rejecting
SUBJECT Proposed Lease Agreement
with Bayside Seafood
Restaurant & Brewpub Ptnshp.
REFERENCES.
ENCLOSURES :For November 18, 1993
Commission Meeting
RECOMMENDATION:
Pursuant to Motion 93-369 passed on June 29, 1993, it is
respectfully recommended that the City Commission reject the
Bayside Seafood Restaurant and Brewpub Partnership project and the
negotiated Lease Agreement presented to the City Commission on
June 29, 1993, for the operation of a restaurant, brewery and
marine -related retail facility on City -owned waterfront property of
approximately 2.88 acres located adjacent to and immediately west
of Miami Marine Stadium, on the southerly shoreline of the stadium.
BACKGROUND:
Pursuant to the results of the special referendum election held on
September 3, 1991 which authorized the proposed lease of City -owned
property, the negotiated Lease Agreement between the City and
Bayside Seafood Restaurant and Brewpub Partnership was presented to
the City Commission on June 29, 1993. On that date, Motion 93-369
was unanimously passed as follows:
"A motion of the City Commission stipulating that if no
final approval has been granted to the Bayside Seafood
Restaurant and Brewpub Partnership project within 90 days
(for operation of a restaurant/brewery/marine-retail
facility on City -owned waterfront property of
approximately 2.88 acres located adjacent to and
immediately west of Miami Marine Stadium on the southerly
shoreline of the stadium) after appropriate verification
of financial criteria to ascertain proposers' financial
capability per guidelines established by the Commission
on this same date, then the City Commission shall proceed
to reject said project and shall direct the
administration to proceed with a Unified Development
Project (UDP) for the use of said waterfront property."
As of this date, the Of f ice of Asset and Grant Management has not
received evidence of financing for the said project.
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