HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00121 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO
THE LEASE AGREEMENT ("FOURTH AMENDMENT') BETWEEN THE CITY OF
MIAMI ("CITY" OR "LESSOR") AND BISCAYNE BAY RESTAURANT
CORPORATION D/B/A RUSTY PELICAN ("LESSEE"), IN SUBSTANTIALLY THE
ATTACHED FORM, FOR PROPERTY LOCATED AT 3201 RICKENBACKER
CAUSEWAY, MIAMI, FLORIDA, TO MODIFY THE LEGAL DESCRIPTION OF A
PORTION OF THE SUBMERGED LANDS OF LESSEE, AS STATED HEREIN, TO
INCLUDE SUBMERGED LANDS IN RICKENBACKER MARINA, INC.'S
SUBMERGED LEASE AREA, IN FAVOR OF LESSEE, IN ORDER FOR LESSEE TO
COMPLY WITH CAPITAL IMPROVEMENTS REQUIRED BY THE CITY,
APPROVED IN AMENDMENT NO. 3, WITH ADDITIONAL TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE FOURTH
AMENDMENT.
WHEREAS, the City of Miami ("City" or "Lessor") is the owner of real property and
improvements located at 3201 Rickenbacker Causeway, Miami, Florida (the "Property"); and
WHEREAS, the City and Biscayne Bay Restaurant Corporation d/b/a Rusty Pelican ("Lessee")
entered into a Lease Agreement dated February 13, 1970 (the "1970 Lease Agreement"), whereby the
City leased to Lessee the Property, for the development and operation of a first class waterfront
restaurant now known as the Rusty Pelican Restaurant (the "Rusty Pelican"); and
WHEREAS, the 1970 Lease Agreement has been amended by Supplemental Lease
Agreement dated July 23, 1970, Amendment No. 1 to Lease Agreement dated May 28, 1982, undated
Addendum to Lease Agreement authorized by Resolution No. 89-508, adopted by the City
Commission on June 7, 1989, Amendment to Lease Agreement dated December 18, 2001, and
Amendment No. 3 to Lease Agreement dated November 19, 2009 (collectively the "Lease"); and
WHEREAS, the term of the Lease, together with the options to renew, expires on October 1;
2012, with an automatic Lease extension to October 1, 2027, as approved by the electorate of the City
on November 4, 2003; and
WHEREAS, Lessee is required to perform certain capital improvements on the Property, of
which, as a result of certain recommendations included in the EDSA Plan for a master plan for the
entire island of Virginia Key on which the Property is located, additional and different capital
improvements have been proposed by Lessee, and Lessor has agreed and accepted the same; and
WHEREAS, a new topographical survey of the Property determined that a portion of the
submerged lands needed by Lessee are outside of Lessee's lease area and are located in
Rickenbacker Marina, Inc.'s ("Rickenbacker") submerged lease area; and
City of Miami Page 1 of 2 File Id: 11-00121 (Version: 1) Printed On: 2/16/2011
File Number. 11-00121
WHEREAS, the City and Lessee have agreed to modify the legal description of a portion of the
submerged lands of Lessee to include a portion of the submerged lands in Rickenbacker's submerged
lease area in favor of Lessee, in order for Lessee to complete its capital improvements requirement,
approved in Amendment No. 3;
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 Fourth 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 include a portion of submerged
lands in Rickenbacker's submerged lease area, which includes an additional 522.72 square feet of
submerged land, in favor of Lessee, in order for Lessee to comply with capital improvements required
by the City, approved in Amendment No. 3, with additional terms and conditions as more particularly
set forth in the Fourth Amendment.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
Itt
JULIE O. BR
CITY ATTORNEY
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 Page 2 of 2 File Id: 11-00121 (Version: 1) Printed On: 2/16/2011