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HomeMy WebLinkAboutR-88-0783I It J-•8-659 9/8/88 RESOLUTION NO. 88-783 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ABATE RENT PAYMENTS FROM GROVE KEY MARINA, INC., FOR REPAIRS DUE TO ORDINARY NEAR AND TEAR, TO THE TWO EXISTING HANGARS ON ITS LEASED PREMISES IN AN AMOUNT NOT TO EXCEED $360,000 WITHIN A TEN (10) YEAR PERIOD, INTEREST FREE, AFTER PAYMENT OF THE ANNUAL MINIMUM RENT GUARANTEE PURSUANT TO THE LEASE AGREEMENT DATED APRIL 1, 1976 AND SUBSEQUENT AMENDMENTS, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A COLLATERAL ASSIGNMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN GROVE KEY MARINA, INC. AND THE COCONUT GROVE BANK, PURSUANT TO THE LEASE AGREEMENT DATED APRIL 1, 1976 AND SUBSEQUENT AMENDMENTS; FURTHER IMPOSING A REQUIREMENT THAT THE CITY BE NOTIFIED MONTHLY BY THE BANK OF LOAN PAYMENTS MADE BY THE LESSEE DURING THE LOAN PERIOD. WHEREAS, the City of Miami leased certain City owned real estate, which included two (2) existing hangars built in 1937, to Grove Key Marina, Inc., pursuant to an agreement dated April 1, 1976, which has been subsequently amended; and WHEREAS, the said lease agreement and subsequent amendswnts are expected to be in full force until their expiration on June 22, 2012; and WHEREAS, pursuant to Section 12 of the lease agreement, dated April 1, 1976, Grove Key Marina Inc., is not responsible for deterioration due to the existing hangars on the leased premises due to ordinary wear and tear; and WHEREAS, the City of Miami has assumed responsibility in the past for limited repairs to the existing hangars on the leased premises due to ordinary wear and tear; and WHEREAS, Grove Key Marina, Inc., has requested substantial repairs to the existing hangars, in an amount not to exceed $360,000, as illustrated in Exhibit one (1) attached hereto; and WHEREAS, the City of Miami is agreeable to pay for such repairs, in the form of rent abatements, within a ten year period, interest free, after Grove Key Marina, Inc., pays the ATTACHMENTS CONTAINED MEMO OP W Y� T V _ annual minimum rent guarantee prescribed by the referenced lease agreement and subsequent amendments; and WHEREAS, Grove Key Marina, Inc., has obtained a loan commitment from the Coconut Grove Bank in order to make these repairs; and WHEREAS, the Coconut Grove Bank has requested a collateral assignment of Grove Rey Marina, Inc.'s, leasehold interest pursuant to Section 14 of the lease agreement dated April 1, 1976; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to abate rent payments from Grove Key Marina, Inc., for repairs due to ordinary wear and tear to the two existing hangars on its leased premises in an amount not to exceed $360,000 in a ten year period, interest free, after the annual minimum rent guarantee has been paid as prescribed by the lease agreement, dated April 1, 1976, and subsequent amendments. The herein authorization is conditioned upon the City's monthly receipt of statements from the below -named bank reflecting payments made by Grove Key Marina, Inc. Section 2. The City Manager is hereby authorized to execute a collateral assignment of Grove Key Marina, Inc.'s., leasehold interest to Coconut Grove Bank, in a form acceptable to the City Attorney, said bank to deliver a monthly statement of loan payments made by Grove Key Marina, Inc., during the loan period. PASSED AND ADOPTED this 8th day of September , 1988. A *HIRAI. " XAVIER L. SU , MAYOR MA CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTURBS: eeo �r_ RO ERT F. CLERK JOft= L CHIEF DEPUTY CITY ATTORNEY CITY ATTORNEY RFCsAhtbsstM751 M. ." GROVE KEY MARINA INC. 3300 PAN AMERICAN DRIVE, DINNER KEY. MIAM1. FLORIDA 33133 OFMIL 43ON 8994M27 OOCKMASTER: (Mil 004-IM CAS E: OC[ANET EXHIBIT I $ Item 323,200- H.H. Robertson Company: Remove existing "RPM" roofing and siding, dispose of same, and replace with "Versicor" roofing and siding (same colors as now). Price includes labor, materials and sales tax. 3,450 Performance Bond on H.H. Robertson (if required by City or Bank) 1,500 City of Miami: building permit (square footage) 28,800 Replace bottoms and tops of 48 steel rolling doors Per door, is follows: 100. steel plate & channels, incl. cutting 400. labor: welder @ $38.00/hr helper @ 12.00/hr 8 hours @ 50.00 = $400/day ld i i 1 d 3,050 S 360,000 TOTAL 50. we ng equ pment rents / ay 50. misc: welding rods, oxyacet, paint sb� per day, est. one day per door 600 x 48 doors 28,800 RAserve for contingencies (less than 10) v� .. .. Ot _ iE jy a L ,frss yg.y,a . '14 TO Honorable Mayor and Members of the City Commission FROM Cesar H. Odi 1 City Manager RECOMMENDATIONS CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM DATE: J U l togq FILE: SUBJECT Resolution Authorizing Rent Abatement and Execution of Collateral Assignment REFERENCES: ENCLOSURES: IL is respectfully recommended that Grove Key Marina, Inc. be granted the rent abatement requested in order to complete the necessary repairs to the two hangars on the leased premises. Additionally it is recommended that the City Manager be allowed to execute a collateral assignment, acceptable to the City Attorney, as required by Coconut Grove Bank. BACKGROUND On April 1, 1976 the City of Miami entered into a lease agreement with Grove Key Marina, Inc. for a marina operation, as well as other related uses, on certain City owned real estate improved with two steel hangars. The expiration date of this lease agreement, including subsequent amendments, is June 22, 2012. The leased agreement pursuant to Section 12 Maintenance of Demised Premises and Janitorial Services, makes the City responsible for repairs to the steel hangars due to ordinary wear and tear. On June 1, 1988, Spencer Meredith, President, Grove Key Marina, Inc. made a request for .the City of Miami to make repairs to the hangars. Grove Key Marina, Inc. has obtained a loan commitment from Coconut Grove Bank in order to pay*for all necessary repairs to the hangars. Grove Key Marina, Inc. proposes that the City of Miami grant an abatement of rent over a ten year period not to exceed $360,000, excluding any and all related interest, after payment of the annual minimum rent guarantee in order to service its debt with Coconut Grove Bank. Coconut Grove Bank has requested a collateral assignment as a condition of the loan to Grove Key Marina, Inc., pursuant to Section 14 Assignment asd Subletting of Premises. Yj Grove Key Marina has been an outstanding tenant of the City 4+`° Miami. Compliance with the terms and conditions of the 1ra,.; agreement has been optimal. Business developmmt revenues to the City of Miami have been impressive. 211 � _x audited year revenues to the City have totaled $24&1600 } A�..