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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami; FL 33133
www.miamigov.com
File Number: 11-00074 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO
THE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI OUTBOARD CLUB, INC., A
NON-PROFIT FLORIDA CORPORATION ("LESSEE"), FOR USE OF A PORTION
OF CITY -OWNED PROPERTY ON WATSON ISLAND, TO MODIFY THE LEGAL
DESCRIPTION OF THE LESSEE, TO INCLUDE ADDITIONAL BAY BOTTOM
LANDS AND WET SLIP DOCK FACILITIES IN THE LEASED PROPERTY.
WHEREAS, the City of Miami ("City") is the owner of real property and improvements located
at 1099 MacArthur Causeway, Miami, Florida (the "Leased Property"); and
WHEREAS, Miami Outboard, Inc., a Florida non-profit corporation ("Lessee"), leases a portion
of City -owned property on Watson Island from the City under a lease ("Lease") for a term of twenty
years commencing on April 1, 1996, and expiring on March 31, 2016, with two (2) options to renew for
two (2) additional five (5) year periods; and
WHEREAS, Lessee has built wet slip dock facilities on City -owned bay bottom lands that have
been determined to be outside of the existing Leased Property and requires the City's approval to
operate in the additional bay bottom lands; and
WHEREAS; the City and Lessee agree that it -is -in -the -best -interest -of the parties to modifythe
legal description of the Leased Property to include approximately 0.54 acres of additional bay bottom
lands and wet slip dock facilities that Lessee built outside of its existing Leased Property, subject to
Lessee complying with all applicable laws, ordinances, and codes of federal, state, and local
governments; and
WHEREAS, a new survey was prepared by Lessee's surveyor, including the additional bay
bottom lands and the parties agree to amend the Lease in order to allow said wet slip facilities to
become a part of the Leased Property;
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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute a Third Amendment to the Lease, in
substantially the attached form, between the City and the Lessee to:
a. Modify the legal description of the Leased Property to include approximately 0.54 acres
City of Miami Page 1 of 2 File Id: 11-00074 (Version: I) Printed On: 211/2011
File Number. 11-00074
of additional bay bottom lands and wet slip facilities in the Leased Property of Lessee.
b. Lessee shall be permitted to use a licensed mobile fuel delivery company to sell or
dispense fuel to boat vessels and pay the City 5% of Lessee's gross monthly fuel sales
to boat vessels.
c. In the event the Trustees of the Internal Improvement Fund of the State of Florida
("Board") requires a finding of compliance or waiver of compliance of the deed
restriction of the additional bay bottom lands, then within 30 days after the effective date
of this Amendment, Lessee agrees to use its good faith efforts to obtain from the Board
a finding of compliance or waiver of compliance of the deed restriction. If the Board
grants such approval subject to assessment of fees, and Lessee decides not to pay
said fee assessment, this Amendment shall automatically become null and void after 30
days prior written notice by Lessee to the City.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS/
JULIE 0. BRU
CITY ATTO' ' EY
Footnotes:
{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.
{2}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 ojMiami Page 2 of 2 File Id: 11-00074 (version: 1) Printed On: 2/1/2011