HomeMy WebLinkAboutR-08-0704City of Miami
Legislation
Resolution: R-08-0704
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01460 Final Action Date: 12/11/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION, BYA FOUR -FIFTHS (4/STHS)
AFFIRMATIVE VOTE, 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; and
WHEREAS, the City Commission authorizes the extension granted herein by a four -fifths
(4/5ths) affirmative vote;
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, by a four -fifths (4/5ths) affirmative vote, hereby grants an extension to the term of the
Lease between the City and Rickenbacker Marina, Inc. subject to the following conditions:
City of Miami
Page 1 of 2 File Id: 08-01460 (Version: 2) Printed On: 5/25/2017
File Number: 08-01460 Enactment Number: R-08-0704
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;
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}
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 File Id: 08-01460 (Version: 2) Printed On: 5/25/2017