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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00781 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE CITY MANAGER'S RECOMMENDATION APPROVING THE
FINDINGS OF THE SELECTION COMMITTEE THAT GROVE BAY INVESTMENTS
GROUP, LLC, ("PROPOSER") IS THE TOP RANKED PROPOSER FOR REQUEST
FOR PROPOSALS NO. 12-13-001, LEASE OF CITY OF MIAMI OWNED
WATERFRONT PROPERTY FOR MARINA/RESTAURANT USES LOCATED AT 3385
PAN AMERICAN DRIVE, 3351 AND 3377 CHARTHOUSE DRIVE, MIAMI, FLORIDA
33133; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
LEASE ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO THE
REVIEW AND APPROVAL OF THE CITY ATTORNEY, FOR AN INITIAL TERM OF
FIFTY (50) YEARS, WITH TWO FIFTEEN (15) YEAR RENEWAL TERMS AND
PAYMENT OF THE GREATER.OF A MINIMUM ANNUAL BASE RENT OF $1.8
MILLION PAYABLE IN TWELVE EQUAL MONTHLY INSTALLMENTS OR
PERCENTAGE RENT WITH TERMS AND CONDITIONS MORE PARTICULARLY
DESCRIBED IN THE LEASE; FURTHER PROVIDING THAT THE EXECUTION OF
THE LEASE DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON
PROPOSER UNLESS AND UNTIL THE ELECTORATE HAS CAST FAVORABLE
VOTE APPROVING THE TRANSACTION AS REQUIRED BY CITY CHARTER
SECTION 29-B.
WHEREAS, the City of Miami ("City") owns a property located at 3385 Pan American Drive,
3351 and 3377 Charthouse Drive, Miami, Florida 33133 ("Property"); and
WHEREAS, the City issued Request for Proposals No. 12-13-001 ("RFP") on January 11, 2013
to solicit an integrated package of planning, design, construction, leasing and management services
from the private sector to operate the Property; and
WHEREAS, two (2) proposals were initially received and deemed responsive in accordance
with the RFP's terms and conditions; and
WHEREAS, one of the proposers withdrew their proposal due to unforeseen circumstances;
and
WHEREAS, pursuant to the RFP, the City Manager constituted a Technical Review Committee
and a Financial Review Committee, each consisting of three (3) members, to review proposals for
purposes of feasibility related to planning and zoning restrictions and financial capabilities respectively
and reported their findings to the Selection Committee; and
WHEREAS, pursuant to the RFP, the City Manager duly appointed five (5) members to the
Selection Committee, to evaluate proposals received in response to the RFP; and
WHEREAS, the Selection Committee met on June 4, 2013 to hear the oral presentations of the
two (2) proposals; and
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File Number: 13-00781
WHEREAS, the Selection Committee then met on June 26, 2013 to: (i) evaluate proposals; (ii)
consider the minimum threshold standards; (iii) evaluate criteria and scoring values assigned; and (iv)
determine a rank order based on the score achieved and render a written report to the City Manager of
its findings; and
WHEREAS, the City Manager approves the recommendation of the Selection Committee; and
WHEREAS, the City Manager has transmitted to the City Commission his recommendation;
and
WHEREAS, the above actions and procedures have been performed in accordance with
applicable provisions of the Code of the City of Miami, Florida, as amended, City Charter, and RFP
provisions;
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 hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager's recommendation to approve the recommendation of the
Selection Committee is accepted.
Section 3. The City Manager is hereby authorized{1} and directed to execute a lease ("Lease")
with the Grove Bay Investments Group, LLC ("Proposer"), in substantially the attached form, subject to
the review and approval of the City Attorney, including amongst other things, the following provisions:
(a) The term of the Lease shall not exceed fifty (50) years, with two (2) fifteen year renewal
options.
(b) The Proposer shall pay the City an amount not less than $1,800,000 as the minimum
annual guaranteed payable in twelve equal monthly installments which may be adjusted
subject to Consumer Price Index increases over the Lease term, or monthly percentage
rents of gross revenues of all sales on the Property based on the following uses:
a. 5% for the formal restaurant;
b. 10.3% for the casual restaurants;
c. 15% for non -fuel marina operations;
d. 15% for gross fuel profits;
e. 5% marine -related retail; and
f. $10 per square foot for garage retail uses.
(c) The Proposer shall be responsible to construct improvements to the Property as specified
in its proposal and pursuant to the provisions of the RFP.
Section 4. The City's selection of Proposer does not confer any contractual rights upon
Proposer and the execution of the Lease does not confer any contractual rights upon Proposer unless
and until the electorate has cast a favorable vote as required by City Charter Section 29-b.
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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
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