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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00388 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT TO THE SUBLEASE AGREEMENT ("AGREEMENT"), BY AND BETWEEN THE MIAMI SPORTS AND EXHIBITION AUTHORITY AN.D LINDEN SERVICES 'CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF DEVELOPING, CONSTRUCTING, MANAGING AND OPERATING A PUBLIC HELIPORT AND RELATED FACILITIES, IMPROVEMENTS AND SETTING FORTH A BASE RENT AND PERCENTAGE RENT, WITH ESCALATORS, FOR THE HELIPORT FACILITY LOCATED AT APPROXIMATELY 980 MACARTHUR CAUSEWAY AT WATSON ISLAND, MIAMI, FLORIDA, A CITY OF MIAMI OWNED PROPERTY, FOR AN INITIAL TERM OF THIRTY (30) YEARS WITH TWO (2) EXTENSION OPTIONS OF TEN (10) YEARS EACH COMMENCING ON THE EFFECTIVE DATE OF THE AGREEMENT. WHEREAS, pursuant to the findings reported by Thompson Consultants International in the Master Plan prepared in March of 1995, there is a demand for air transportation services in the Greater Miami downtown area; and WHEREAS, the City of Miami ("City") and the Miami Sports and Exhibition Authority ("Authority") entered into that certain Interlocal Agreement dated as of August 14, 1997 ("Interlocal Agreement"), whereby the City leased to the Authority approximately 5.6 acres of land on a portion of Watson Island in the City of Miami, Miami -Dade County, Florida ("Property"), for the purpose of establishing a seaplane and helicopter facility; and WHEREAS, the City and the Authority issued a Request for Proposal for operators for the Watson Island Aviation and Visitors Center, also known as the Watson Island Air Transportation Facility, on August 19, 2002; and WHEREAS, the City and the Authority received a Proposal for a Heliport Operator for the Watson Island Aviation and Visitors Center on September 27, 2002 by Linden Airport Services Corporation; and WHEREAS, on March 30, 2010, the City obtained approval of the Airport Layout Plan and Narrative Report of the Watson Island Air Transportation Facility from FDOT, in which they determined the reports to be in compliance with. Florida Administrative Code Chapter 14-60 and the Florida Department of Transportation ("FDOT") Guidebook for Airport Master Planning, subject to certain conditions which the tenant must comply with; and WHEREAS, on July 30, 2010, the City obtained approval of Form 7480-1, Notice of Landing Area Proposal, from the Federal Aviation Administration, in which they determined that the proposed public use landing area will not adversely affect the safe and efficient use of the navigable airspace by City of Miami Page 1 of 2 File Id: 12-00388 (Version: 1) Printed On: 4/20/2012 File Number: 12-00388 aircraft, subject to certain conditions which the Tenant must comply with; and WHEREAS, the Interlocal Agreement provides that a portion of the Property be used for a public heliport and other related facilities and improvements ("Heliport"); and WHEREAS, in accordance with the Interlocal Agreement, the Authority and the Linden Services Corporation ("Tenant") have entered into a Development Agreement, dated of even date herewith ("Development Agreement"), to provide for the development and construction of the heliport facility of the Watson Island Air Transportation Facility; and WHEREAS, the parties have determined that it is in the best interest of the parties to transfer to the Tenant the responsibility for the construction of the Heliport and to set forth the Parties' funding obligations, on the terms and conditions hereinafter set forth; 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 fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute a Consent to the Sublease Agreement ("Agreement"), by and between the Authority and the Tenant, in substantially the attached form, for the purpose of developing, constructing, managing, and operating a public heliport and related facilities, improvements and setting forth a base rent and percentage rent, with escalators, for the heliport facility located at approximately 980 MacArthur Causeway at Watson Island, Miami, Florida, a City -owned property, for an initial term of thirty (30) years with two (2) extension options of ten (10) years each commencing on the Effective Date of the Agreement. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS- JULIEO.B- CITY ATTORNEY .t% 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 Charter and Code provisions. i {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 12-00388 (Version: 1) Printed On: 4/20/2012