HomeMy WebLinkAboutSummary FormAGENDA-IT-EM-SU MMARY-FORM
FILE ID: 1 '1 oc-CO`7 Lf
Date: 1 /11 /2011
Commission Meeting Date: 2/24/2011
Requesting Department: Public Facilities/Asset Msrnt.
District Impacted: 2
Type: Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Law Department
Matter ID No. 10-
3684
Subject: Third Amendment to Lease Agreement between City of Miami and Miami Outboard Club,
Inc., for use of City -owned property located at 1099 MacArthur Causeway, Miami, Florida.
Purpose of Item:
A Resolution of the Miami City Commission, authorizing the City Manager to execute a Third
Amendment to the Lease Agreement ("Amendment") between the City of Miami ("City") and Miami
Outboard Club, Inc. ("Lessee"), for a portion of City -owned property on Watson Island, located at
1099 MacArthur Causeway, Miami, Florida ("Leased Property"), to provide for a modification of the
legal description of the Leased Property of Lessee to include approximately 0.54 acres of additional
bay bottoms and wet slip facilities in the Leased Property, with additional terms and conditions as
more particularly set forth in the Amendment.
Background Information: See attached
Budget Impact Analysis.
No Is this item related to revenue?
No Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
No Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost: n/a
Maintenance Cost: n/a
Total Fiscal Impact: n/a
Final A s ' royals
SIGN AND DA
CIP N/A Budg
rrpmtal._fimds
Grants N/A Risk Management
Purchasing N/A Dept. Director
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Subject:- Third -Amendment -to -Lease -Agreement bctiveen-C—ity of -Miami -and -Miami -Outboard -Cub,
Inc., for use of city -owned property located at 1099 MacArthur Causeway, Miami, Florida.
Background Information:
Miami Outboard Club. Inc. ("Lessee") has requested that the City modify the legal description of its
lease with the City to include additional bay bottom lands and wet slip dock facilities that were
constructed and determined to be outside of its present lease area. As part of being required by the
Department of Environmental Protection ("DERM") to obtain a DERM permit, Lessee was also required
to obtain approval from the City. In order for Lessee to continue to operate in the bay bottoms lands that
is outside of its lease area, Lessee was required to hire a surveyor to prepare a new survey of the leased
property that would include the additional bay bottom lands and wet slip dock facilities. Moreover, due
to a deed restriction from the Trustees of the Internal Improvement Fund of the State of Florida
("Board"), a portion of the existing bay bottom lands under the current lease, as amended, already has a
finding of compliance from the Trustees of the Internal Improvement Fund of the State of Florida
("Board"). However, the additional approximately 0.54 acres of bay bottom lands may require Board
approval and be subject to a state fee assessment. Should the Board approve this Amendment subject to
requiring a fee the parties agree that Lessee shall use its good faith efforts to obtain from the Board,
either a finding of compliance or a waiver of compliance with the deed restriction. If the Board assesses
a fee, and Lessee decides not to pay said fee, then upon 30 days prior written notice to the City that
Lessee intends not to pay, the amendment shall automatically become null and void. Lessee shall also
be permitted to hire a licensed mobile fuel delivery company to sell and dispense fuel to boat vessels on
the leased property, subject to Lessee paying the City 5% of all gross fuel sales. Administration believes
granting this Amendment is in the best interest of all parties.
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