HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #5121
Date: 11/26/2018
Commission Meeting Date: 12/13/2018
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Defer Any Further Action - Rickenbacker Marina, Inc.
Purpose of Item:
A Resolution of the Miami City Commission, indefinitely deferring further action on the
"Notice to Vacate" sent to Rickenbacker Marina, Inc. ("RMI") subject to RMI paying to
the City an amount equal to one hundred thousand dollars ($100,000) per month in
addition to RMI's monthly holdover rent.
Background of Item:
The City of Miami ("City") is the owner of the waterfront property, marine facility and
submerged lands located generally at 3301 Rickenbacker Causeway, Virginia Key,
Miami, Florida ("Property"). Rickenbacker Marina, Inc. ("RMI") is a holdover tenant of
the subject Property on a month to month basis per the Settlement Agreement and
Release between the City and RMI, dated September 22, 2015 ("Settlement
Agreement"). Pursuant to Resolution R-18-0397, the City issued a letter on September
14, 2018 providing RMI notice to vacate the Property in accordance with the Settlement
Agreement. Per the Directive of the City Commission by Resolution R-18-0430, the City
issued another letter on September 28, 2018 to RMI, which stayed the notice to vacate
until December 13, 2018.
The City anticipates, expects, and believes that RMI will be timely paying one hundred
thousand dollars ($100,000) each month, in additional holdover rent, as long as they
remain on the Property as a holdover tenant pursuant to the Settlement Agreement.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
$ 100,000 per month (on a month -to -month basis)
General Account No: 04002.221100.448000
Reviewed B
Real Estate and Asset Management Daniel Rotenberg Department Head Review Completed 11/26/2018 4:33 PM
Office of Management and Budget Everton Garvis Budget Analyst Review Completed 11/27/2018 1:20 PM
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
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Christopher M Rose
Fernando Casamayor
Nikolas Pascual
Valentin J Alvarez
Carolina Aguila
Victoria Mendez
Maricarmen Lopez
Mayor's Office
City Clerk's Office
City Clerk's Office
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Signed by the Mayor
Signed and Attested by the City
Rendered
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
Completed
Clerk Completed
Completed
11/27/2018 2:03 PM
11/27/2018 2:08 PM
11/27/2018 2:11 PM
12/03/2018 9:11 AM
11/27/2018 3:35 PM
12/03/2018 3:34 PM
12/13/2018 9:00 AM
12/21/2018 4:20 PM
12/21/2018 5:00 PM
12/21/2018 5:00 PM
City of Miami
Legislation
Resolution
Enactment Number: R-18-0569
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5121 Final Action Date:12/13/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION INDEFINITELY DEFERRING
FURTHER ACTION ON THE "NOTICE TO VACATE" SENT TO RICKENBACKER
MARINA, INC. ("RMI") SUBJECT TO RMI PAYING TO THE CITY AN AMOUNT
EQUAL TO ONE HUNDRED THOUSAND DOLLARS ($100,000.00) PER MONTH IN
ADDITION TO RMI'S MONTHLY HOLDOVER RENT.
WHEREAS, the City of Miami ("City") is the owner of that certain waterfront marine
facility and submerged lands located generally at 3301 Rickenbacker Causeway, Virginia Key,
Miami, Florida ("Property"); and
WHEREAS, Rickenbacker Marina Inc. ("RMI") is a holdover tenant of the subject
Property on a month to month basis per the Settlement Agreement and Release between the
City and RMI, dated September 22, 2015 ("Settlement Agreement"); and,
WHEREAS, pursuant to Resolution No. 18-0397, adopted on September 13, 2018 the
City Commission directed the City Administration to issue a fifteen (15) day "Notice to Vacate"
the Property to RMI; and
WHEREAS, pursuant to Resolution No. 18-0430, adopted on September 27, 2018, the
City Commission stayed the "Notice to Vacate" until the December 13, 2018, City Commission
meeting in consideration of payments of additional holdover rent of three hundred fifty thousand
dollars ($350,000.00) received from RMI; and
WHEREAS, the City anticipates, expects, and believes that RMI will be timely paying
one hundred thousand dollars ($100,000.00) each month, in additional holdover rent, as long as
they remain on the Property as a holdover tenant pursuant to the Settlement 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 if fully set forth in this Section.
Section 2. The City Commission hereby indefinitely defers further action regarding the
fifteen (15) day "Notice to Vacate" sent by the City to RMI dated September 14, 2018 as long as
RMI is timely paying an amount equal to one hundred thousand dollars ($100,000.00) each
month in addition to RMI's monthly rent and is not otherwise in violation of the Settlement
Agreement; provided, however, that the City Commission may take up this matter at any time.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
1 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.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor
ey ) 12/3/2018