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HomeMy WebLinkAboutR-18-0178City of Miami Resolution R-18-0178 Legislation 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 City of Miami Page 1 of 2 File ID: 3631 (Revision: B) Printed On: 3/31/2025 File ID: 3631 Enactment Number: R-18-0178 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: end" ez, City Httor ey 9/18/2018 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. City of Miami Page 2 of 2 File ID: 3631 (Revision: B) Printed on: 3/31/2025