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HomeMy WebLinkAboutR-13-0199City of Miami Legislation Resolution: R-13-0199 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00532 Final Action Date: 5/23/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE LEASE AGREEMENT ("FIRST AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE COCONUT GROVE SAILING CLUB, INC. ("LESSEE"), AMENDING THE SUBMERGED LAND BOUNDARY AREA DESCRIBED AND INCORPORATED IN THE LEASE AGREEMENT, DATED JULY 18, 2011, BETWEEN THE CITY AND THE LESSEE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID FIRST AMENDMENT. WHEREAS, the City of Miami ("City or "Lessor") 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, pursuant to Resolution No. 11-0236, adopted June 9, 2011, the City Commission authorized the City Manager to enter into a Lease agreement ("Lease") with the Lessee for the use of the Property; and WHEREAS, the City and the Lessee executed the Lease on July 18, 2011; and WHEREAS, Section 12.3 of the Lease requires the Lessee to design and build a high -quality mooring field on the submerged lands to provide for a minimum of 175 moorings; and WHEREAS, the description of the submerged land ("Parcel No. 1") includes an area that is too shallow for boat moorings and an area that is too close to the Lessor's public boat launching ramps to allow safe passage of boats using Lessor's boat launching ramps; and WHEREAS, the City and the Lessee wish to revise the description of the submerged lands to eliminate the area that is too shallow for moorings and to eliminate the area that is too close to Lessor's public boat launching ramp; and WHEREAS, the City and the Lessee desire to enter into this First Amendment to the Lease ("First Amendment") amending the submerged land Lease area; 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 the First Amendment, in substantially the attached form, between the City and the Lessee, amending the submerged land boundary area City of Miami Page 1 of 2 File Id: 13-00532 (Version: 1) Printed On: 8/31/2017 File Number: 13-00532 Enactment Number: R-13-0199 described and incorporated in the Lease Agreement, dated July 18, 2011, between the City and the Lessee, with additional terms and conditions more particularly set forth in said First Amendment. 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: 13-00532 (Version: 1) Printed On: 8/31/2017