HomeMy WebLinkAboutR-11-0236City of Miami
Legislation
Resolution: R-11-0236
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00432 Final Action Date: 6/9/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI, ("CITY") AND THE COCONUT GROVE SAILING CLUB, INC., A FLORIDA
NON-PROFIT CORPORATION ("LESSEE"), FOR THE USE OF CITY -OWNED
PROPERTY LOCATED AT 2990 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA,
FOR THE PURPOSE OF PROVIDING SPACE FOR THE LESSEE'S OPERATION,
COMMENCING FROM THE EFFECTIVE DATE, WITH THE LESSEE TO PAYA
MINIMUM ANNUAL RENT TO THE CITY IN THE AMOUNT OF SEVENTY-ONE
THOUSAND DOLLARS ($71,000), PLUS STATE OF FLORIDA USE TAX (IF
APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN SAID LEASE.
WHEREAS, the City of Miami ("City") owns certain real property located at 2990 South Bayshore
Drive, Miami, Florida ("Property") used and operated by the Coconut Grove Sailing Club ("Lessee");
and
WHEREAS, the Lessee's organizational purpose includes: (i) the promotion of sailing as a sport
and recreational activity; (ii) sailing and boating instruction to the public; (iii) the promotion of
seamanship and navigation; (iv) the sponsorship of races and regattas to its members and for the
welfare of the general public; and
WHEREAS, the Lessee has agreed to maintain and comply at all times with Section 18-188 of the
Code of the City of Miami, Florida, as amended ("City Code"), entitled "Discrimination by lessees of
city -owned property -prohibited," and Section 18-189 of the City Code, entitled "Requirements for
organizations using city facilities" ; and
WHEREAS, Section 29-D of the City Charter provides for a procedure for waiving competitive
bidding and referendum requirements when entering into a lease, or extending an existing lease, with
a non-profit, non-commercial, water -dependent organization that provides or seeks to provide
marine -recreation services or activities to the community at any City -owned waterfront leased
property, provided certain conditions are met pertaining to public access, public use, waterfront
setback and view -corridor requirements, fair return to the City, compliance with master plan and
requirements prescribed by the ordinance pertaining to an organization using City -owned facilities;
and
WHEREAS, the Lessee has expressed its interest in utilizing the Property to further its
organizational purpose and in compliance with the City Charter requirement; and
WHEREAS, the City and the Lessee desire to enter into a Lease Agreement ("Lease") for the
City of Miami
Page 1 of 2 File Id: 11-00432 (Version: 2) Printed On: 10/10/2017
File Number: 11-00432 Enactment Number: R-11-0236
Lessee's use of the Property; and
WHEREAS, the Lease is approved by the City Commission subject to a letter, dated June 8,
2011, submitted into the public record on June 9, 2011 by the Lessee, requiring that Lessee take
down fencing around the Property and replace it within three months and further requiring removal of
the hedge around the Property to afford the public improved sightlines to the 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 Lease, in substantially the attached
form, between the City and the Lessee, for the use of City -owned property located at 2990 South
Bayshore Drive, Miami, Florida, for the purpose of providing space for the Lessee's operation, with
the Lessee to pay a minimum annual rent to the City in the amount of Seventy-one Thousand Dollars
($71,000), plus State of Florida Use Tax (if applicable), with additional terms and conditions as more
particularly set forth in said Lease.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
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: 11-00432 (Version: 2) Printed On: 10/10/2017