HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #11111
Date: 11 /23/2021
Commission Meeting Date: 12/09/2021
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Direct CM - Execute Declaration of Condominium for the Regatta Harbour
Garage
Purpose of Item:
A Resolution of the Miami City Commission authorizing the City Manager to convert the
land located at 3363 Pan American Drive, Miami, FI 33133, commonly referred to as the
"Regatta Harbour Garage" ("Property"), to a condominium form of ownership for
purposes of ad valorem taxation; further authorizing the City Manager to create and
execute, in forms acceptable to the City Attorney, a declaration of condominium, articles
of incorporation, by-laws, and any other documents necessary for the establishment of
a condominium on the Property.
Background of Item:
The City of Miami ("City") owns land located at 3363 Pan American Drive, Miami, FL
33133, commonly referred to as the "Regatta Harbour Garage" ("Property"). The City
and Grove Bay Investment Group, LLC ("Grove Bay") entered into that certain Lease
Agreement executed October 24, 2013 for the lease of the City -owned property located
generally at 3385 Pan American Drive for the development of a full service dry storage
marina and ancillary marine -related services ("Lease"). The Lease contemplated the
development by the Department of Off -Street Parking d/b/a Miami Parking Authority
("MPA") of a parking garage including ground floor retail on the Property ("Parking
Facilities"). The City and MPA entered into that certain Interlocal Agreement dated
February 8, 2016 setting forth the City's and MPA's respective obligations regarding the
Parking Facilities ("Interlocal Agreement"). Simultaneously with the Interlocal
Agreement, the City, Grove Bay, and MPA entered into that certain Grove Bay Parking
Facilities Agreement, dated February 8, 2016 setting forth the Parties' respective
obligations regarding the Parking Facilities ("Parking Agreement"). Grove Bay's use of
the Parking Facilities pursuant to the Parking Agreement may subject the Property as a
whole to ad valorem taxation. Converting the Property to a condominium form of
ownership shall separate the property into defined units, which will allow the Miami
Dade County Property Appraiser to tax Grove Bay separately for the leasable area,
while the remaining portion of the Property remains open to the public and tax exempt.
Budget Impact Analysis
Item has NOT an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Department of Real Estate
Review Completed
Office of Management and
Office of Management and
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Reviewed B
and Asset Management
11/24/2021 8:54 AM
Budget Pedro Lacret
Budget Marie Gouin
Fernando Casamayor
Valentin J Alvarez
Arthur Noriega V
Jacqueline Lorenzo
Valentin J Alvarez
Victoria Mendez
Maricarmen Lopez
City Clerk's Office
Suzanne Hollander
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Department Head
Completed 11/29/2021 4:48 PM
Completed 11/30/2021 12:23 PM
Completed 11/30/2021 1:52 PM
Completed 11/30/2021 2:17 PM
Completed 11/30/2021 3:30 PM
Completed 11/30/2021 6:54 PM
Skipped 11/30/2021 10:01 AM
Completed 11/30/2021 7:50 PM
Completed 12/09/2021 9:00 AM
Completed 12/14/2021 5:22 PM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0491
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11111 Final Action Date:12/9/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO CONVERT THE LAND LOCATED AT 3351 PAN AMERICAN DRIVE,
MIAMI, FL 33133, COMMONLY REFERRED TO AS THE "REGATTA HARBOUR
GARAGE" ("PROPERTY"), TO A CONDOMINIUM FORM OF OWNERSHIP FOR
PURPOSES OF AD VALOREM TAXATION; FURTHER AUTHORIZING THE CITY
MANAGER TO CREATE AND EXECUTE, IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, A DECLARATION OF CONDOMINIUM, ARTICLES OF
INCORPORATION, BY-LAWS, AND ANY OTHER DOCUMENTS NECESSARY FOR
THE ESTABLISHMENT OF A CONDOMINIUM ON THE PROPERTY.
WHEREAS, the City of Miami ("City") owns land located at 3351 Pan American Drive,
Miami, FL 33133, commonly referred to as the "Regatta Harbour Garage" ("Property"); and
WHEREAS, the City and Grove Bay Investment Group, LLC ("Grove Bay") entered into
that certain Lease Agreement executed October 24, 2013 for the lease of the City -owned
property located generally at 3385 Pan American Drive for the development of a full service dry
storage marina and ancillary marine -related services ("Lease"); and
WHEREAS, the Lease contemplated the development by the Department of Off -Street
Parking d/b/a Miami Parking Authority ("MPA") of a parking garage including ground floor retail
on the Property ("Parking Facilities"); and
WHEREAS, the City and MPA entered into that certain Interlocal Agreement dated
February 8, 2016 setting forth the City's and MPA's respective obligations regarding the Parking
Facilities ("Interlocal Agreement"); and
WHEREAS, simultaneously with the Interlocal Agreement, the City, Grove Bay, and
MPA entered into that certain Grove Bay Parking Facilities Agreement, dated February 8, 2016
setting forth the Parties' respective obligations regarding the Parking Facilities, amended by that
certain First Amendment to Grove Bay Parking Facilities Agreement, dated February 15, 2019
(as amended, "Parking Agreement"); and
WHEREAS, the Lease requires Grove Bay to pay all impositions, including ad valorem
taxes, imposed upon the portion of the Parking Facilities leased by Grove Bay; and
WHEREAS, Grove Bay's use of the Parking Facilities pursuant to the Lease and Parking
Agreement may subject the Property as a whole to ad valorem taxation; and
WHEREAS, converting the Property to a condominium form of ownership shall separate
the property into defined units, which will allow the Miami Dade County Property Appraiser to
tax Grove Bay separately for the leasable area, while the remaining portion of the Property
remains open to the public and tax exempt;
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 hereby authorized' to create and execute, in a form
acceptable to the City Attorney, a Declaration of Condominium, Articles of Incorporation, By-
laws, and any other documents necessary to convert the Property to a condominium form of
ownership for purposes of ad valorem taxation.
Section 3. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity (tor
ey ) 11/30/2021
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.