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HomeMy WebLinkAboutR-21-0491City of Miami Resolution R-21-0491 Legislation 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; City of Miami Page 1 of 2 File ID: 11111 (Revision:) Printed On: 6/5/2025 File ID: 11111 Enactment Number: R-21-0491 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 Attor 1 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. City of Miami Page 2 of 2 File ID: 11111 (Revision:) Printed on: 6/5/2025