HomeMy WebLinkAboutR-11-0103City of Miami
Legislation
Resolution: R-11-0103
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00120 Final Action Date: 3/10/2011
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 (71/2) 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
City of Miami
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File Number: 11-00120 Enactment Number: R-11-0103
8, 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 (71/2) years to July 7, 2016, and the dry
storage facilities of the Property for a term of four and one-half (41/2) 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, with additional 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}
Footnotes:
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File Number: 11-00120 Enactment Number: R-11-0103
{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.
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