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HomeMy WebLinkAboutMaster ReportCity of Miami Master Report Enactment Number: R-17-0351 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2585 Revision: A File Name: Charter Amendment-Monty's Aligned Bayshore Requesting Dept: Department of Real Estate and Asset Management File Type: Resolution Status: ADOPTED WITH MODIFICATION(S) Controlling Body: City Commission Introduced: 6/27/2017 Final Action Date: 7/27/2017 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); SPECIFICALLY BY AMENDING SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY COMMISSION ("COMMISSION") BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE TO WAIVE COMPETITIVE BIDDING AND TO EXECUTE A FIFTH AMENDMENT ("FIFTH AMENDMENT") TO THE LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND ALIGNED BAYSHORE MARINA, LLC ("BAYSHORE MARINA"), ALSO KNOWN AS MONTY'S, FOR CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2550 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("PROPERTY"), TO EXTEND THE CURRENT LEASE TERM BY AN ADDITIONAL TERM OF APPROXIMATELY THIRTY-TWO (32) YEARS (TO EXPIRE MAY 31, 2067), WITH TWO (2) ADDITIONAL TEN (10) YEAR OPTIONS TO RENEW, FOR A TOTAL TERM OF FIFTY TWO (52) YEARS (TO EXPIRE MAY 31, 2087); AN ADDITIONAL MINIMUM RENT PAYMENT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER LEASE YEAR (A MINIMUM OF TEN MILLION DOLLARS [$10,000,000.00] OVER THE BASE TERM OF THE AMENDED LEASE) OR ONE AND THREE QUARTERS PERCENT (1.75%) OF GROSS RENT RECEIPTS FROM THE PROPERTY, WHICHEVER IS GREATER, AS ADDITIONAL RENT DUE TO THE CITY AND, COMMENCING JANUARY 1, 2019, MINIMUM ANNUAL TOTAL RENT (INCLUSIVE OF THE ADDITIONAL MINIMUM RENT) SHALL BE ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00), PLUS AN ADDITIONAL TWENTY FIVE THOUSAND DOLLARS ($25,000.00) TO BE PAID ON AN ANNUAL BASIS FOR THE FULL AMENDED TERM TO A SPECIAL FUND TO BE ESTABLISHED BY THE CITY FOR THE BENEFIT OF LOW INCOME HOUSING RENOVATION; FURTHER PROVIDING CAPITAL IMPROVEMENTS TO THE PROPERTY OF A MINIMUM OF SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000.00) TO BE SPENT WITHIN THREE (3) YEARS OF THE ELECTORATE'S APPROVAL OF THE FIFTH AMENDMENT TO THE LEASE; THE CREATION OF A CAPITAL ACCOUNT REQUIRING A MINIMUM ADDITIONAL INVESTMENT IN THE PROPERTY OF FOUR MILLION DOLLARS ($4,000,000.00) OVER THE TOTAL AMENDED LEASE TERM, INCLUSIVE OF THE RENEWAL OPTIONS; REQUIRING A TRANSFER FEE PAYMENT TO THE CITY IF THE PROPERTY IS TRANSFERRED OR ASSIGNED; AND FURTHER REQUIRING A REFINANCING FEE PAYMENT TO THE CITY SHOULD THE PROPERTY BE REFINANCED AFTER THE INITIAL REFINANCING; AND PURSUANT TO SECTION 29-B OF THE CHARTER, ENTITLED "CITY OWNED PROPERTY SALE OR LEASE - GENERALLY," AND SUBPART A, SECTION 3(F)(III), ENTITLED "POWERS," TWO (2) INDEPENDENT APPRAISALS HAVING BEEN OBTAINED BY THE CITY AFFIRMING FAIR MARKET VALUE OF THE FIFTH AMENDMENT; ACKNOWLEDGING THE CITY'S SEPARATE AUTHORIZATION BY RESOLUTION NO. 17-0323, ADOPTED JULY 13, City of Miami Page 1 of 2 Printed on: 3/19/2026 City of Miami Master Report Enactment Number: R-17-0351 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 2017, OF THE CITY'S RELATED MODIFICATION OF SUBMERGED LANDS LEASE AND WAIVER OF DEED RESTRICTIONS REQUIRED WITH THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, AND OTHER RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A REFERENDUM SPECIAL ELECTION AND PROVIDING THAT THE CHARTER AMENDMENT SHALL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7, 2017; DESIGNATING AND APPOINTING THE CITY CLERK ("CLERK") AS THE OFFICIAL REPRESENTATIVE OF THE COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. Notes: Links: Attachments: 2585 Exhibit No. 1 (PDF) 2585-Submittal-DREAM-CBRE Appraisal (PDF) 2585-Submittal-DREAM-Joseph Blake and Associates Appraisal (PDF) 2585-Legislation-SUB Memo From City Manager (PDF) 2585-Legislation-SUB (PDF) History of Legislative File: Revision: Acting Body: Date: Action: Result: Aldo Bustamante 7/6/2017 Department Head Review Completed Everton Garvis 7/6/2017 Budget Analyst Review Completed Christopher M Rose 7/6/2017 Budget Review Completed Alberto N. Parjus 7/6/2017 Assistant City Manager Review Completed Legislative Division 7/11/2017 Legislative Division Review Completed Daniel J. Alfonso 7/17/2017 City Manager Review Completed A City Commission 7/27/2017 Meeting Completed A City Commission 7/27/2017 ADOPTED WITH Passed MODIFICATION(S) A Mayor's Office 8/4/2017 Signed by the Mayor Completed A City Clerk's Office 8/4/2017 Signed and Attested by the City Completed Clerk A Legislative Division 8/10/2017 Legislative Division Review Completed (PRV) A Barnaby L. Min 8/11/2017 Deputy Attorney Review Completed A Victoria Mendez 9/20/2017 Approved Form and Completed Correctness with Modification(s) City of Miami Page 2 of 2 Printed on: 3/19/2026