HomeMy WebLinkAboutPre-Legislation• •
J-97-477
7/24/97
RESOLUTION NO . 97- 535
A RESOLUTION WAIVING THE COMPETITIVE BIDDNG
AND REFERENDUM REQUIREMENTS AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE
MIAMI YACHT CLUB, INC., A FLORIDA NOT -FOR -
PROFIT CORPORATION, FOR THE LEASING OF
APPROXIMATELY 6.56 ACRES OF REAL PROPERTY AND
BAY BOTTOM LAND, LOCATED AT 1001 MACARTHUR
CAUSEWAY, WATSON ISLAND, MIAMI, FLORIDA; SAID
LEASE TO: (1) COMMENCE ON THE EXECUTION DATE
OF THE LEASE AGREEMENT AND EXPIRE ON MARCH
31, 2016, WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL FIVE-YEAR PERIODS; (2) BE AT AN
INITIAL YEARLY RENTAL OF $35,000 PLUS NINE
PERCENT' OF. GROSS REVENUES IN EXCESS OF
$380,000 PER YEAR; (3) PROVIDE APPROXIMATELY
1,000 SQUARE FEET OF OFFICE SPACE, FOUR WATER
SLIPS AND NINE DRY STORAGE SPACES FOR THE
EXCLUSIVE USE BY THE. CITY OF MIAMI MARINE
PATROL; AND (4) BE IN ACCORDANCE WITH THE
TERMS AND CONDITIONS TO BE CONTAINED IN SAID
LEASE AGREEMENT.
WHEREAS, the Miami Yacht Club Inc., a not -for -profit
corporation of the State of Florida (the "Club") has operated a
sail boat facility (the "Miami Yacht Club") on a portion of
Watson Island since 1947; and
WHEREAS, in 1982 the City of Miami (the "City") and the Club
entered into a lease agreement whereby the Club continued to
operate the Miami Yacht Club on Watson Island, and since the
expiration of said lease has continued to do so as a month to
month tenant; and
CITY COMMON
MEETING OF
J LJ L 2 4 9997
Resolution No.
97- 535
• •
WHEREAS, the City and the Club have expressed their intent
to enter into a new lease agreement; and
WHEREAS, the return to the City reflects the fair market
value as stated in two independent appraisals; and
WHEREAS, Section 29-D of the Charter of the City of Miami,
Florida, as amended, provides that the City Commission may waive
competitive bidding and referendum requirements when entering
into a lease or extending an existing lease with a non-profit,
non-commercial, water -dependent organization which provides or
seeks to provide marine -recreation services and/or activities to
the community at any City -owned waterfront property, provided
certain conditions are met pertaining to public access, public
use,
waterfront
return to the
requirements
setback and view -corridor requirements,
City, compliance with the master
prescribed by ordinance pertaining
organization using City -owned facilities; and
plan
to
WHEREAS, the City Commission has found it to be in the
fair
and
an
best
interest of the citizens of Miami to waive competitive bidding
and referendum requirements, and to enter into a lease agreement
with the Miami Yacht Club;
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.
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97- 535
• •
Section 2. The City Commission hereby determines it to
be in the best interest of the citizens of Miami to enter into a
lease agreement with the Miami Yacht Club, Inc., and in
accordance with the provisions of Section 29-D of the Charter of
the City of Miami hereby waives competitive bidding and
referendum requirements with respect to such leasehold
conveyance.
Section 3. The City Manager is hereby authorizedl/to
execute a lease agreement, in a form acceptable to the City
Attorney, with the Miami Yacht Club, Inc., for the leasing of
approximately 6.56 acres of land (approximately 3.69 upland and
2.87 submerged bay bottom) and improvements thereon, located at
1001 MacArthur Causeway, Watson Island, Miami Florida, said lease
to.
(i) commence on the execution date of the Lease
Agreement and expire on March 31, 2016, with the option
to renew for two (2) additional five-year (5) periods;
and
(ii) be at an initial yearly rental of thirty-five
thousand dollars ($35,000) plus nine (9%) percent of
gross revenues in excess of three hundred and eighty
thousand dollars ($380,000) per year; and
1/
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
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9 535
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(iii) provide approximately 1,000 square feet of
office space, four water slips and nine dry storage
spaces for the exclusive use by the City of Miami
Marine Patrol;
(iv) to be in accordance with the terms and
conditions to be contained in said lease agreement.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of July_, 1997.•
DOE CAROLLO, `��' YOR
WALTER
CITY CLERK
LEGAL REVIEW BY:
J 0. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A ES, III
CI Y A 0° EY
W 1718/JOB/BSS:kd:CSK
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9' = 535
CITY OF MIAMI, FLORIDA 43
INTER -OFFICE MEMORANDUM
TO :
FROM
Honorable Mayor and Members
of the City Commission
Edward Mar
City Manage
DATE :
JUL ! 7
FILE :
SUBJECT : Resolution Authorizing the City
Manager to Execute a Lease Agreement
With the Miami Yacht Club
REFERENCES:
ENCLOSURES
City Commission Agenda
July 24, 1997
RECOMMENDATION
It is hereby recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to execute a lease agreement, in a form acceptable to
the City Attorney, with the Miami Yacht Club, a Florida not -for -profit corporation,
for the leasing of certain real property and improvements thereon, Watson Island,
long with bay bottom lands (the "Leased Property), said lease to be: (1) for an initial
term of twenty years with an option to renew for two additional five-year periods;
(2) at an initial yearly rental of $35,000 plus nine percent (9%) of gross revenues in
excess of $380,000 per year; (3) providing community service activities for City of
Miami residents; and (4) in accordance with the terms and conditions to be
contained in said lease agreement.
It is further recommended that the Miami Marine Patrol be temporarily located at
the Miami Yacht Club until permanent quarters can be finalized. A staff
recommendation regarding the use of this property by the Maine Patrol will be
made at the meeting.
BACKGROUND
On April 2, 1997, the City Commission directed the administration to negotiate a
lease agreement with the Miami Yacht Club (MYC), based on fair market value, as
established by two independent appraisals, for the provision of marine -recreation
services in accordance with the provisions of Section 29-D of the Charter of the City
of Miami. The highlights of the lease agreement are as follows:
Term:
Option:
Rent:
Twenty (20) years commencing on execution of lease
Two additional five year periods
Base monthly rent of $2,917 ($35,000/yr) plus nine percent (9%) of
gross revenues in excess of $380,000
97- 535
1
•
Honorable Mayor and Members Page two
of the City Commission
International
Sail Boat
Show:
Performance
Bond:
Taxes:
Reserve
Fund:
Community
Services: •
The City will receive 25% and MYC 75% of the proceeds from the
International Sail Boat Show in lease year one and two, thereafter,
the City and MYC will both receive 50% of the proceeds.
Required for improvements costing in excess of $200,000
MYC shall pay all taxes, charges, or assessments levied against the
property and improvements, personal property or operations
thereon including ad valorem taxes
MYC shall deposit $6,000 each year for the first five years, each
year thereafter, MYC shall make an annual contribution to said
fund which shall be equal to the annual contribution of the previous
year adjusted by the CPI or 5%, whichever is less. Except for lease
years 1-5, MYC shall maintain a minimum fund balance of $30,000
In accordance with the requirements set forth in Section 2-363. of
the City of Miami Code, and to enhance the public purpose and the
benefit to residents in the watersport recreation facilities afforded
under this proposed lease, and to verify the commitment of MYC to
said public purpose as defined herein, MYC shall provide the
following community services:
PUBLIC SERVICE ACTIVITIES:
All of the following Public Service Activities are provided at no
charge:
Sailing Camp for City of Miami Inner City Youths - One week
sailing program for summer of 1997 in conjunction with City of
Miami Parks Department. Children will be between the ages of 9 -
12.
Miami Police Athletic League - Boat storage.
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97 535'
Honorable Mayor and Members Page three
of the City Commission
Miami Council Navy League of the United States - Monthly board
meetings and numerous receptions for officers from visiting
military and merchant marine ships.
Coast Guard Auxiliary - Monthly meetings.
U.S. Army Special Forces Association - Bi-monthly meetings.
Florida Inland Navigation District - Staging area and storage for
"Manatee Protection Signs Program".
BOATING INSTRUCTION/COURSES:
Basic Youth Sailing (Boot) Class - Basic sailing instruction in
optimist dinghy type sail boats for children ages 7 - 15. Two
secessions annually, approximately 30 youths train annually. Cost
is $40 per 3 month session. Scholarships available on an as needed
basis for disadvantaged youths.
Youth Summer Camp - Two sessions of two weeks each for
children ages 9 - 13. Basic sailing instruction and other planned
activities. Participants must demonstrate an ability to swim. Fee
is $175 per session which includes lunch. Scholarships available on
an as needed basis for disadvantaged youths.
United States Optimist Dinghy Association Sailing Program -
Sailing program for children ages 7 - 15 who complete basic sailing
training and wish to go on to compete in organized local, statewide,
national and international sailing competition. Average of 20
youths participate in this program annually. The annual fee for
this program is $400.
Advanced Youth Sailing Program - For ages 15 - 21 a new program
which will provide instruction in the 420 Class sailboat which is
used in high school and collegiate competition. Instruction
provided by volunteers and a professional coach. Annual fee is
$120.
Boy Scout/Girl Scout Sailing Merit Badge - Conducted year round
by request. No charge.
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97- 535
Honorable Mayor and Members Page four
of the City Commission
Florida Boating Safety Exam for Youths - Conducted year round by
request. Nominal fee required by the State. 50 participants in
1996.
Adult Sailing Program - Series of five classes held year round.
$100 fee includes text, classroom and on the water training in 16
foot Precision sailboats. Fees generated are used to maintain boats
and instructional materials.
It is recommended at this time that the City Commission adopt the attached
Resolution authorizing the City Manager to enter . into the proposed lease
agreement with The Miami Yacht Club.
4 97- 535