HomeMy WebLinkAboutResolutionCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00673 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING
THE FINDINGS OF THE SELECTION COMMITTEE, PURSUANT TO REQUEST
FOR PROPOSALS NO. 11-12-025, THAT DAVID ONE LLC, (SELECTED
PROPOSER), IS THE TOP RANKED COMPANY SELECTED FOR THE LEASE,
RENOVATION, MANAGEMENT AND OPERATION OF THE MARINA AND
OUTDOOR CASUAL RESTAURANT LOCATED AT 3385 PAN AMERICAN DRIVE,
MIAMI FLORIDA 33133; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, SUBJECT TO THE REVIEW AND APPROVAL OF THE OFFICE
OF THE CITY ATTORNEY, AND PUBLIC REFERENDUM, FOR AN INITIAL PERIOD
OF FORTY (40) YEARS, WITH ONE (1) TEN (10) YEAR RENEWAL TERM; WITH
PAYMENT OF THE GREATER OF A MINIMUM ANNUAL BASE RENT OF
$720,000.00 PAYABLE ON A MONTHLY BASIS OR PERCENTAGE RENT, WITH
ANNUAL BASE RENT INCREASING TO $840,000.00 BY LEASE YEAR THREE (3),
WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE
AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE
NON -SUBSTANTIVE AMENDMENTS TO THE AGREEMENT AS NEEDED.
WHEREAS, the City of Miami ("City") owns a property located at 3385 Pan American Drive,
Miami, Florida 33133 ("Property"); and
WHEREAS, the City issued Request for Proposals #11-12-025 ("RFP") on March 16, 2012 to
solicit a lessee to lease, renovate, manage and operate the Property; and
WHEREAS, five (5) proposals were received and deemed responsive in accordance with the
RFP's terms and conditions; and
WHEREAS, the Selection Committee appointed by the City Manager met on June 20 and
June 22, 2012 for the review and evaluation of the proposals and, based on the RFP's requirements,
recommended that the City Manager negotiate and execute a Lease Agreement ("Agreement") with
the top ranked company, David One LLC; and
WHEREAS, the City Manager approved the recommendation of the Selection Committee; and
WHEREAS, the essential terms and conditions, including base rent and percentage rent for
the Agreement have been negotiated with David One. LLC; and
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
City of Miami Page 1 of 2 File Id: 12-00673 (Version: 2) Printed On: 8/23/2024
File Number: 12-00673
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager's recommendation to approve the recommendation of the
Selection Committee, pursuant to RFP No. 11-12-024 is hereby accepted.
Section 3. The City Manager is authorized {1} to negotiate and execute an Agreement with
the top ranked company, David One LLC (Selected Proposer), in substantially the attached form,
subject to the review and approval of the Office of the City Attorney, and public referendum, for an
initial term of forty (40) years, with one (1) ten (10) year renewal term; with payment of the greater of
a minimum annual base rent of $720,000.00 payable on a monthly basis or percentage rent, with
annual base rent increasing to $840,000.00 by Lease Year 3, with terms and conditions more
particularly described in the Agreement.
Section 4. The City Manager is further authorized {1} to make non -substantive amendments
to the Agreement as needed.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
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: 12-00673 (Version: 2) Printed On: 8/23/2024