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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00120 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 ("THIRD AMENDMENT") BETWEEN THE CITY OF
MIAMI ("CITY" OR LESSOR") AND RICKENBACKER MARINA, INC., A FLORIDA
CORPORATION ("LESSEE"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR
THE PROPERTY LOCATED AT 3301 RICKENBACKER CAUSEWAY, MIAMI,
FLORIDA, TO MODIFY THE LEGAL DESCRIPTION OF A PORTION OF THE
SUBMERGED LANDS OF LESSEE, AS STATED HEREIN, FOR THE PURPOSE
OF PROVIDING SAID LEASE AREA TO BISCAYNE BAY RESTAURANT
CORPORATION D/B/A RUSTY PELICAN, NECESSARY TO COMPLY WITH
CAPITAL IMPROVEMENTS REQUIRED BY THE CITY, APPROVED IN THEIR
AMENDMENT NO. 3, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE THIRD AMENDMENT.
WHEREAS, the City of Miami ("City" or "Lessor") is the owner of real property and
improvements located at 3301 Rickenbacker Causeway, Miami, Florida (the "Property"); and
WHEREAS, Rickenbacker Marina, Inc., a Florida for profit corporation ("Lessee"), leases
City -owned property from the City under a lease ("Lease") dated July 8, 1977, as assignee pursuant to
that assignment of the lease dated January 31, 1983, from Michael D. Brandon as Trustee under an
unrecorded trust for Marina Biscayne, Ltd.; and
WHEREAS, the Lease was subsequently assigned to Rickenbacker Marina, Inc. pursuant to
that assignment of the lease dated June 25, 1986, for the operation of a full service waterfront marina;
and
WHEREAS, the term of the Lease, together with the options to renew, was set to expire on
January 7, 2009; and
WHEREAS, Lessee requested the City to extend the term of the Lease in order to amortize the
cost of certain capital improvements that Lessee plans to perform on the Property; and
WHEREAS, on December 11, 2008, pursuant to Resolution No. 08-0704, the City Commission
by a four -fifths (4/5ths) affirmative vote, in accordance with Section 29-B of the Charter of the City of
Miami, Florida, authorized the extension of the term of the Lease for a period not to exceed seven and
one-half (7'/z) years subject to certain other requirements, including the requirement that the City and
Lessee negotiate the terms of an amendment to the Lease ("Amendment") on or before March 3,
2009, with said negotiated terms to be brought back for City Commission approval on or before March
12, 2009; and
WHEREAS, the City and Lessee entered into a First Amendment to Lease effective January 8,
City of Miami
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File Number. 11-00120
2009, for the purpose of extending the term of the wet storage facilities including moorings, restaurant
and tiki deck, restrooms/showers, office/store and fuel dock facilities, and other ancillary facilities and
services of the Property, for seven and one-half (71/Z) years to July 7, 2016, and the dry storage
facilities of the Property for a term of four and one-half (4'/z) years to July 7, 2013, with three (3) one
(1) year options to renew the Lease, subject to approval by the City Manager; and
WHEREAS, pursuant to Resolution No. 10-0226, adopted June 6, 2010, the City Commission
authorized a Second Amendment to Lease, for the purpose of modifying the term of the dry storage
facilities from three (3) one (1) year options to one (1) three (3) year option, thereby matching the
dry -storage term of the Lease with the wet storage term of the Lease, from January 8, 2009 to July 7,
2016, in order to allow Lessee to amortize the additional cost of certain capital improvements it plans
to perform on the Property, subject to approval by the City Manager; and
WHEREAS, a new topographical survey of Lessee determined that a portion of the submerged
lands of Biscayne Bay Restaurant Corporation d/b/a Rusty Pelican's ("Rusty Pelican") lease area is
located within Lessee's bay bottom lease area; and
WHEREAS, the City and Lessee have agreed to modify the legal description of a portion of the
submerged lands of Lessee to exclude a portion of bay bottom lands in Lessee's bay bottom lease
area in favor of Rusty Pelican, in order for Rusty Pelican to complete its capital improvements
requirement;
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
between the City and the Lessee, in substantially the attached form, for the Property, to modify the
legal description of a portion of the submerged lands of Lessee to exclude 522.72 square feet of
submerged land to favor Rusty Pelican, in order for Rusty Pelican to comply with capital improvements
required by the City, approved in their Amendment No. 3, withadditional terms and conditions as more
particularly set forth in the Third Amendment.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O.
CITY ATTORNEY
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File Number: 11-00120
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 of Miami
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