HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01460 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
EXTENSION OF THE TERM OF THE LEASE BETWEEN THE CITY OF MIAMI
AND RICKENBACKER MARINA, INC., AS ASSIGNED, FOR THE PROPERTY
LOCATED AT 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, SUBJECT
TO CONDITIONS; PROVIDING FOR CITY COMMISSION APPROVAL OF THE
TERMS OF SUCH EXTENSION ON OR BEFORE MARCH 12, 2009; AND
PROVIDING FOR AUTOMATIC RESCISSION OF THE AUTHORITY GRANTED
HEREIN SHOULD THE CITY COMMISSION FAIL TO APPROVE SUCH TERMS
ON OR BEFORE MARCH 12, 2009.
WHEREAS, the City of Miami ("City") is the owner of the property located at 3301
Rickenbacker Causeway, Miami, Florida (the "Property"); and
WHEREAS, Rickenbacker Marina, Inc., a Florida for profit corporation ("Lessee"), leases
City -owned property under a property lease ("Lease") dated July 8, 1977, effective January 8, 1979,
as assigned, for use as a marina and marina support facility, for a total term of 30-years, including a
term of 20-years, with two 5-year options to renew; and
WHEREAS, Lessee has requested an extension of the Lease term which expires January 8,
2009 and, in accordance with the City of Miami Code Section 29B, has agreed to make certain capital
improvements to its marina and marina support facility; and
WHEREAS, the City and Lessee desire to negotiate the terms of an amendment to extend the
term of the Lease subject to the conditions set forth below and in accordance with the City's Master
Plan for Virginia Key, which negotiated terms shall be brought back to the City Commission for
approval on or before March 12, 2009;
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. Pursuant to the authority granted by Section 29B of the City Charter, the City
Commission hereby grants an extension to the term of the Lease between the City and Rickenbacker
Marina, Inc. subject to the following conditions:
a. An extension of the term not to exceed seven and one half -years, subject to the City's
consent, with ninety days prior written notice required;
City of Miami Page 1 of 2 Printed On: 12/3/2008
File Number. 08-01460
b. Lessee to pay no less than fair market rent based on an appraisal of the Property, with
appraisal costs to be paid for by Lessee;
c. Lessee having paid all outstanding amounts that are due from the audit finding of Audit No.
08-006 and its related issues by no later than December 10, 2008;
d. Such other terms as may be in the best interest of the City;
e. Said negotiated amendment to be brought back for City Commission approval on or before
March 12, 2009;
Section 3. Should the parties fail to reach an agreement on the terms of an amendment to the
Lease on or before March 3, 2009, for consideration and approval by the City Commission on or
before March 12, 2009, the extension authorized herein shall be null and void and Lessee shall
immediately vacate the Property.
Section 4. Should the City Commission fail to approve the terms of an amendment to the
Lease on or before March 12, 2009, the City Attorney is hereby authorized to proceed with any and all
legal action necessary to take possession of the Property, and no further action shall be required by
the City Commission.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1 }
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On; 12/3/2008