HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00363 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A HOLD HARMLESS
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI ("CITY"), BAYSIDE MARKETPLACE, LLC, A FOR -PROFIT FLORIDA
CORPORATION, AND SKYRISE MIAMI, LLC ("SKYRISE"), A FOR PROFIT
FLORIDA CORPORATION; AUTHORIZING SKYRISE TO APPLY FOR PERMITS ON
THE CURRENT BAYSIDE PRIME LEASED PREMISES AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO COMMENCE
LIMITED WORK ON THE FOUNDATION; HOWEVER, NO VERTICAL
CONSTRUCTION SHALL BE ALLOWED UNTIL AN AMENDMENT TO THE BAYSIDE
LEASE IS APPROVED BY THE MIAMI CITY COMMISSION AND THE CITY'S
ELECTORATE BY WAY OF A PUBLIC REFERENDUM.
WHEREAS, the City of Miami ("City") owns certain property commonly known as Bayside
Marketplace ("Bayside") and leases a portion of Bayside ("Prime Leased Premises") to Bayside
Marketplace LLC ("Tenant") pursuant to that certain Amended and Restated Lease Agreement
between City and Tenant, as successor by merger to Bayside Center Limited Partnership (as
amended, the "Prime Lease"); and
WHEREAS, SkyRise Miami, LLC ("Skyrise") has subleased, subject to certain conditions set forth
in the Sublease, including Miami City Commission approval and referendum approval, a portion of the
Prime Leased Premises ("Sublet Premises") from Tenant pursuant to a Bayside Marketplace
Sub -Ground Lease ("Sublease"); and
WHEREAS, SkyRise desires to construct an approximately one thousand (1,000) foot tall mixed
use commercial and recreational facility on the Sublet Premises, requiring vertical construction beyond
that currently authorized in the Prime Lease ("Project"); and
WHEREAS, the Tenant must obtain City Commission approval of an amendment to the Prime
Lease, authorizing SkyRise to construct the Project, and then seek approval from the City's electorate
at an August 26, 2014 or November 4, 2014, referendum within a scheduled Miami -Dade County
election ("Referendum"); and
WHEREAS, SkyRise must commence foundation work prior to June 12, 2014 in order to preserve
an existing Federal Aviation Authority Approval; and
WHEREAS, the City requires that SkyRise and the Tenant execute a Hold Harmless Agreement
("Agreement") as a condition precedent to allow SkyRise to commence a portion of the foundation
work, subject to the City and all required agencies issuing permits for the foundation work;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami
Page 1 of 2 File Id: 14-00363 (Version: 1) Printed On: 4/29/2014
File Number: 14-00363
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 Hold Harmless Agreement, in
substantially the attached form, between the City, the Tenant, a for -profit Florida Corporation, and
SkyRise, a for -profit Florida Corporation, authorizing SkyRise to apply for permits on the current
Bayside Prime Leased Premises, as more particularly described in Exhibit "A", attached and
incorporated, to commence limited work on the foundation system; however, no vertical construction
shall be allowed until an amendment to the Bayside lease ("Prime Lease") is approved by the Miami
City Commission and the City's electorate by way of a public Referendum.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
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VIdTWORIA MENDEZ
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: 14-00363 (Version: 1) Printed On: 4/29/2014