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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #3631 Date: 01 /31 /2018 Commission Meeting Date: 05/10/2018 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute Lease Agreement - United States Sailing Center, Inc. Purpose of Item: A Resolution of the City of Miami Commission, with attachment(s), authorizing the City Manager to execute a Lease Agreement ("Lease"), in substantially the attached form, between the City of Miami ("City") and United States Sailing Center, Inc., a non-profit Florida corporation ("Lessee"), for the use of a portion of City -owned waterfront property located at 2476 South Bayshore Drive, Miami, Florida ("Property"), for a term of fifteen (15) years, with two (2) additional five (5) year options to renew, for the greater of two thousand two hundred fifty dollars ($2,250.00) per month, increased annually by three percent (3%), or twelve percent (12%) of gross revenues; with additional terms and conditions contained in the Lease. Background of Item: The City of Miami ("City") is the owner of real property and improvements located at 2476 South Bayshore Drive, Miami, Florida (the "Property") and the Lessee has been operating a sailing center within David Kennedy Park since 1986. The City and Lessee wish to enter into a new Lease with a term of fifteen (15) years with two (2) additional five (5) year options to renew. The rent will be increased to two thousand two hundred and fifty dollars ($2,250.00) per month or twelve percent (12%) of gross revenues, whichever is greater. These amounts were determined by two (2) independent appraisers to be fair market rent for the Property. Section 29-D of the Charter of the City of Miami, Florida, as amended, provides that the City Commission may waive competitive bidding and referendum requirements when entering into a lease or extending an existing lease with a non-profit, noncommercial, water -dependent organization which provides or seeks to provide marine -recreation services and/or activities to the community at any City -owned waterfront property, provided certain conditions are met pertaining to public access, public use, waterfront setback and view -corridor requirements, fair return to the City, compliance with the master plan and requirements prescribed by ordinance pertaining to an organization using City -owned facilities The City and Lessee wish to enter into this Lease in accordance with the provisions of Section 29-D of the Charter of the City of Miami. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Approximately $27,000 per year increased annually by 3%. Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission City Commission Legislative Division Department of Fire -Rescue Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Legislative Division Department of Fire -Rescue Office of the City Attorney Office of the City Attorney Office of the City Clerk Reviewed B Everton Garvis Christopher M Rose Alberto N. Parjus Alberto N. Parjus Valentin J Alvarez Barnaby L. Min Victoria Mendez Nicole Ewan Maricarmen Lopez Valentin J Alvarez Daniel Diaz Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office Valentin J Alvarez Daniel Diaz Barnaby L. Min Victoria Mendez City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Deputy City Attorney Review Approved Form and Correctness Meeting Meeting Legilsative Division Review ACA Review Deputy Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Legislative Division Review Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 01/31/2018 2:19 PM 02/05/2018 10:33 AM 02/07/2018 2:37 PM 02/12/2018 9:57 PM 02/12/2018 9:57 PM 02/15/2018 5:51 PM 02/16/2018 9:06 AM 02/23/2018 3:20 PM 03/08/2018 9:00 AM 04/12/2018 9:00 AM 04/23/2018 1:26 PM 04/24/2018 10:01 AM 04/24/2018 10:19 AM 04/24/2018 2:12 PM 05/10/2018 9:00 AM 05/18/2018 3:04 PM 05/18/2018 3:29 PM 08/15/2018 4:03 PM 08/16/2018 2:47 PM 08/16/2018 3:28 PM Completed 09/18/2018 12:04 PM City of Miami Legislation Resolution Enactment Number: R-18-0178 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3631 Final Action Date:5/10/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-D OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE TO WAIVE COMPETITIVE BIDDING AND TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNITED STATES SAILING CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE USE OF A PORTION OF CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2476 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA FOR A TERM OF TEN (10) YEARS WITH TWO (2) ADDITIONAL FOUR (4) YEAR OPTIONS TO RENEW FOR THE GREATER OF TWO THOUSAND TWO HUNDRED FIFTY DOLLARS ($2,250.00) OR TWELVE PERCENT (12%) OF GROSS REVENUES PER MONTH, INCREASED ANNUALLY BY THREE PERCENT (3%); RESERVING ALL AIR RIGHTS FOR FUTURE CITY BUILDINGS, ALL RIGHTS TO SUBMERGED LANDS FOR FUTURE CITY BOAT SLIPS AND MARINAS, AND ALL RIGHTS OF ACCESS TO THE PROPERTY, WITH ADDITIONAL TERMS AND CONDITIONS CONTAINED IN THE LEASE. WHEREAS, the City of Miami ("City") is the owner of real property and improvements located at 2476 South Bayshore Drive, Miami, Florida ("Property"); and WHEREAS, the United States Sailing Center, Inc., a non-profit Florida corporation ("Lessee"), has been operating a sailing center at the Property since 1986; and WHEREAS, Section 29-D of the Charter of the City of Miami, Florida, as amended ("City Charter"), provides that the City Commission may waive competitive bidding and referendum requirements when entering into a lease or extending an existing lease with a non-profit, noncommercial, water -dependent organization which provides or seeks to provide marine - recreation services and/or activities to the community at any City -owned waterfront property, provided certain conditions are met pertaining to public access, public use, waterfront setback and view -corridor requirements, fair return to the City, compliance with the master plan, and requirements prescribed by ordinance pertaining to an organization using City -owned facilities; and WHEREAS, the City and the Lessee wish to enter into a lease in accordance with the provisions of Section 29-D of the City Charter with a term of ten (10) years with two (2) additional four (4) year options to renew ("New Lease"); and WHEREAS, the rent during the New Lease will be increased to two thousand two hundred fifty dollars ($2,250.00) per month or twelve percent (12%) of gross revenues, whichever is greater, increased annually by three percent (3%); and WHEREAS, the New Lease and proposed rent has been determined by two (2) independent appraisers to be fair market rent for the Property; and WHEREAS, the Lessee has agreed to initiate and continue a summer sailing program specifically geared towards underprivileged children within the City, exposing the children to the benefits of the facilities for the duration of the New Lease; and WHEREAS, the Lessee and the City desire to allow further public access through adjacent greenway areas to enable increased public participation in the programs offered by the Lessee for the benefit of City residents; and WHEREAS, the City reserves all air rights for future City buildings, all rights to submerged lands for future City boat slips and marinas, and all rights of access to the Property, with additional terms and conditions contained in the New Lease; 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 if fully set forth in this Section. Section 2. Pursuant to Section 29-D of the Charter, the City Manager is authorized,' by a four -fifths (4/5ths) affirmative vote, to waive competitive bidding and to execute the New Lease, in substantially the attached form, between the City and the Lessee for the use of the Property for a term of ten (10) years with two (2) additional four (4) year options to renew for the greater of two thousand two hundred fifty dollars ($2,250.00) or twelve percent (12%) gross revenues per month, increased annually by three percent (3%), reserving all air rights for future City buildings, all rights to submerged lands for future City boat slips and marinas, and all rights of access to the Property, with additional terms and conditions contained in the New Lease. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 2/23/2018 ndez, ity Attor ey 4/24/2018 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 City 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.