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HomeMy WebLinkAboutSummary FormDate: 04/04/2013 AGENDA ITEM SUMMARY FORM FILE ID: 005,,30. Requesting Department: Public Facilities (Asset Management Division) Commission Meeting Date: 05/23/2013 District Impacted: 2 Type: ® Resolution n Ordinance n Emergency Ordinance n Discussion Item ❑ Other Law Department Matter ID No. Subject: First Amendment to the Lease Agreement with the Coconut Grove Sailing Club, Inc. amending the submerged land boundary area Purpose of Item: A Resolution of the City of Miami Commission, with attachments, 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 ("Lease"), with additional terms and conditions more particularly set forth in said First Amendment. Background Information: See Attached. Budget Impact Analysis NO Is this item related to revenue? NO Is this item an expenditure? If so, please identify funding source below. General Account No: Special Account No (LETF): CIP Project No: NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: $ 0.00 Final Approvals (SIGN AND DATE) CIP N/A Budget If using or receiving capital funds , 1, t ° Grants N/A ;. Risk`Management Purchasing N/A 4 ;bept:.Directo • f t� Chief City Manager Page 1 of 2 Subject: First Amendment to the Lease Agreement with the Coconut Grove Sailing Club, Inc. amending the submerged land boundary area The City -owned property located at 2990 South Bayshore Drive ("Property") is currently being used and occupied by the Coconut Grove Sailing Club, Inc. ("Lessee"). The Lessee is a non-profit corporation that has operated as a sailing club since 1946. The Lessee's organizational purpose is to promote sailing activities to its members and residents of the City. On September 13, 1979, the City of Miami City Commission authorized the City Manager to enter into a Lease Agreement ("Agreement") with the Lessee. Consequently, on March 26, 1980, the Lessee and the City entered into an Agreement. The Agreement expired on March 25, 2000 and the Lessee remained on the Property on a month -to -month tenancy, responsible for remitting monthly payments to the City. The Lessee expressed an interest to the City in continuing to use the Property to further its organizational purpose. As such, on June 9, 2011, the City of Miami City Commission adopted Resolution R-11-0236 authorizing the City Manager to enter into a new Lease Agreement ("Lease") with the Lessee, which included, among other requirements, the Lessee to continue occupying the Property for a term of five years, with two additional five-year options to renew, and remitting to the City the greater of 10% of its gross revenues or a minimum annual rent of Seventy-one Thousand Dollars ($71,000.00), plus State of Florida Use Tax (if applicable). Pursuant to Section 12.3 of the Lease, titled "Lessee's Construction and Improvement Obligations," the Lessee shall be designing and installing a high -quality mooring field with a minimum of 175 moorings ("Project") for the use of its members, patrons and transients. Preliminary studies have determined that a portion of the Lease area is unusable for the Project. As such, the Lessee has met with representatives from various City departments to reconfigure the Lease area so the Lessee can comply with its construction obligations while not interfering with public access to the either the nearby spoil islands or the public channel. The City Administration and the Lessee wish to enter into this First Amendment to the Lease Agreement ("First Amendment") to modify the Lease's area, with additional terms and conditions more particularly set forth in said First Amendment. Page 2 of 2