HomeMy WebLinkAboutR-84-1450J-85-70
RESOLUTION NO. 84-14 50'
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXTEND THE TERMINATION OF THE LEASE
AGREEMENT WITH BAYSHORE PROPERTIES, INC.
FOR THE BOATSHED (KELLY PROPERTY), FOR
THREE ADDITIONAL YEARS TO MAY 319 2010,
DUE TO THE TIME LOST IN EXECUTING THIS
LEASE AGREEMENT BY A LAWSUIT BROUGHT
AGAINST THE CITY OF MIAMI.
WHEREAS, at the City of Miami Commission meeting of July 22,
1976, Resolution 76-749 was passed authorizing the City Manager
to commence negotiations with BAYSHORE PROPERTIES, INC. for the
lease and redevelopment of the Boatshed (Kelly Property); and
WHEREAS, a lawsuit brought against the City of Miami impeded
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the execution of this Lease Agreement; and
WHEREAS, upon execution of this Lease Agreement on April 30,
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1981 the term of the resulting Lease Agreement with BAYSHORE
PROPERTIES, INC., was for twenty-six (26) years; and
WHEREAS, the circumstances which surround the time lost in
the execution of the Lease Agreement of April 30, 1981 are
similar to those of Grove Key Marina Inc.'s Lease Agreement with
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the City of Miami; and
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WHEREAS, the Lease Agreement with Grove Key Marina Inc., was
extended by three years' due to the time lost by litigation
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brought against the City of Miami;
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NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY
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OF MIAMI, FLORIDA:
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Section 1. The City Manager is hereby authorized to extend
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by three additional years the termination date of the Lease
Agreement with BAYSHORE PROPERTIES, INC., (Boatshed/Kelly
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Property), for twenty-nine (29) years, ending May 31, 2010, in
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accordance with paragraph 36 on page 30 of the Lease
Agreement
CITY COMMISSION
executed on April 30, 1981.
MEETING OF
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84 oE�984
RESOLUTIun No.
REMARKS.--
. . . . . . . . . . . .
PASSED AND ADOPTED this - 13th day of December j 1984.
ATTEST:
(ZALP(f G. ONGIEt CITY CLVK
PREPARED AND APPROVED BY:
ASSISTANT -CITY ATTORNEY
APPROVED -AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHEY
CITY ATTORNEY
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
84-1450
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cITY OF MIAMI. FLORIOA
102
INTER -OFFICE MEMORANDUM
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Howard V. Gary
DATE October 29, 1984 FILE:
TO
City Manager
Agenda Item
SUBJECT
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Carlos E. Garci
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FROM f Fina
REFERENCES:Directoro
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ENCLOSURES.
It is recommended that the City
Manager be authorized to extend the
termination date of the Lease Agree -
meet with Bayshore Properties, Inc.,
for the Boatshed Property, for three
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additional years due to the time lost
in executing this Lease Agreement due
to litigation brought against the City
of Miami by another party.
The Property and Lease Management Section of the Finance Depart-
ment recommends granting approval to extend by three years the
term of the Lease Agreement with Bayshore Properties, Inc., for
the Boatshed Property.
Resolution 76-749 passed and adopted July 22, 1976, authorized
the City Manager to commence negotiations with Bayshore Proper-
ties, Inc., for the lease and redevelopment of the Boatshed
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(Kelly) Property. Approximately five years later, on April 30,
1981, the Lease Agreement with Bayshore Properties, Inc., was
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executed to commence on July 1, 1981, and to terminate on May 31,
2007.
The delay in executing the Lease Agreement is attributable to a
lawsuit brought against the City by Coconut Grove Marine
Properties, which tied up this property in litigation for three
years.
The recommendation for extending Bayshore Properties Lease Agree-
-11 ment for a three year period is based upon:
Paragraph 36 of the Lease Agreement with Bayshore Properties
which allows for modification of the lease's provision when
approved in writing by the City Manager.
yt 2. Precedent was established by a similar situation involving
- Grove Key Marina (explained below) which extended the termin-
ation date of their agreement with the City due to time lost
in litigation brought against the City of Miami by another
party.
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84-1450
Howard V. Gary - 2 - October 29, 1984
Grove Key Marina and the City entered into an agreement on April
1, 1976, which was amended on January 31, 1977, which provided
for the operation of a marina and restaurant for a 30-year
period.
Subsequently a lawsuit was brought against the City by another
party, which delayed construction of the restaurant for a three
year period. In 1982 the City Manager extended the termination
date of the Lease Agreement by three years to offset time lost in
the litigation process. A "Force Majeure" clause in the contract
with Grove Key Marina allows for extension of terms due to time
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lost for delays not within the control of the parties.
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Although the Lease Agreement with Bayshore Properties does not
have a "Force Majeure" clause as that of Grove Keys, we
recommend extension of Bayshore Properties contract for three
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years, due to the existing clause in their contract that allows
for modification of any contractual provisions approved in
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writing by the City Manager.
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cc: Law Department
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84-1450
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