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HomeMy WebLinkAboutLegislation 10-8-15City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01092 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERGOVERNMENTAL AGENCY AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE DEPARTMENT OF OFF STREET PARKING D/B/A THE MIAMI PARKING AUTHORITY IN SUBSTANTIALLY THE ATTACHED FORM, ASSIGNING THE OBLIGATION TO CONSTRUCT AND OPERATE A PARKING GARAGE ON A PORTION OF LAND LOCATED AT 3385 PAN AMERICAN DRIVE AND 51 CHART HOUSE DRIVE, MIAMI FLORIDA , WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. WHEREAS, the City of Miami ("City") is the owner of the property located at 3385 and 3349 Pan American Drive, and 3351 and 3377 Charthouse Drive, Miami, Florida, as more specifically described in Exhibit "A" ("Property") of the Intergovernmental Agency Agreement ("Agreement"); and WHEREAS, the City entered into a lease agreement ("Lease") with Grove Bay Investment Group, LLC ("Lessee"), dated October 24, 2013, for the lease, redevelopment and use of the Property as a dry storage marina with ancillary marina and other related services and for the construction and lease of certain improvements on a portion of the Property located at the intersection of South Bayshore Drive and Pan American Drive ("Parking Property"); and WHEREAS, the improvements to be constructed on the Parking Property include a multi -level parking facility for approximately 333 parking spaces (the "Parking Garage") and approximately 40,000 square feet of retail uses (the "Parking Facilities Retail Area"), all as more specifically described in the Lease, ("Parking Facilities"); and WHEREAS, the Miami Parking Authority ("MPA") was created, pursuant to Section 23 of the Charter of the City of Miami, Florida ("Charter") to manage off-street parking facilities throughout the City and, as such, is the agency of the City with the exclusive right and authority to build and operate the Parking Garage; and WHEREAS, although the Lease provides for the MPA to be responsible for the construction and operation of the Parking Facilities, the MPA is not a party to the Lease; and WHEREAS, after due investigation and discussions, the City, the Lessee and the MPA acknowledge and agree that it is not feasible to comply with all of the terms of the Lease as they relate to the construction of the Parking Facilities, including, specifically, the number of parking spaces in the Parking Garage and the manner in which the Parking Trust Fund Contribution, as the term is defined in the Lease, will be funded by the Lessee; and WHEREAS, the City and the MPA wish to enter into this Agreement to set forth the terms and conditions for the construction and operation of the Parking Facilities, consistent with the terms of the Lease, as modified herein, and the Lessee wishes to join in the execution of this Agreement to consent to this Agreement and the modification of certain provisions of the Lease related to the Parking City of Miami Page 1 of 2 File Id: 15-01092 (Version: 1) Printed On: 9/29/2015 File Number: 15-01092 Facilities, as more specifically set forth in Section 8 hereof; and WHEREAS, the City acknowledges by signing this Agreement that certain terms in the Lease have been modified by the Lessee, the City and the MPA and such modifications are reflected in the Parking Agreement; 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 Intergovernmental Agency Agreement ("Agreement") between the City and the MPA, in substantially the attached form, assigning the obligation to construct and operate a parking garage on a portion of land located at 3385 Pan American Drive and 51 Charthouse Drive, Miami, Florida, with additional terms and conditions as more particularly set forth in 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: VICTORIA 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 (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: 15-01092 (Version: 1) Printed On: 9/29/2015