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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #11564 Resolution Sponsored by: Commissioner Christine King A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA ("CHARTER") FOR CONSIDERATION AT THE SPECIAL ELECTION SCHEDULED FOR AUGUST 23, 2022 PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ("AMENDMENT") TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND RIVERSIDE WHARF, LLC ("TENANT") FOR THE LEASE AND DEVELOPMENT OF CITY -OWNED RIVERFRONT PROPERTY LOCATED AT 236 AND 298 SW SOUTH RIVER DRIVE ("PROPERTY"), AMENDING CERTAIN TERMS OF THE LEASE, INCLUDING BUT NOT LIMITED TO, AN EXTENSION OF THE EXISTING LEASE TERM FOR AN AMOUNT OF TIME NOT TO EXCEED AN ADDITIONAL FIFTY (50) YEARS AND AUTHORIZATION TO PERMIT THE TENANT TO CONSTRUCT A HOTEL ON THE PROPERTY, AT THE TENANT'S SOLE EXPENSE, SUBJECT TO ALL APPLICABLE REGULATORY APPROVALS; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. City of Miami Legislation Resolution Enactment Number: R-22-0108 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11564 Final Action Date:3/10/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA ("CHARTER") FOR CONSIDERATION AT THE SPECIAL ELECTION SCHEDULED FOR AUGUST 23, 2022 PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ("AMENDMENT") TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND RIVERSIDE WHARF, LLC ("TENANT") FOR THE LEASE AND DEVELOPMENT OF CITY -OWNED RIVERFRONT PROPERTY LOCATED AT 236 AND 298 SW SOUTH RIVER DRIVE ("PROPERTY"), AMENDING CERTAIN TERMS OF THE LEASE, INCLUDING BUT NOT LIMITED TO, AN EXTENSION OF THE EXISTING LEASE TERM FOR AN AMOUNT OF TIME NOT TO EXCEED AN ADDITIONAL FIFTY (50) YEARS AND AUTHORIZATION TO PERMIT THE TENANT TO CONSTRUCT A HOTEL ON THE PROPERTY, AT THE TENANT'S SOLE EXPENSE, SUBJECT TO ALL APPLICABLE REGULATORY APPROVALS; WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS. WHEREAS, the City of Miami ("City") is the owner of riverfront real property located at 236 and 298 Southwest North River Drive, Miami, Florida, 33130 ("Property"); and WHEREAS, the City issued Request for Proposals No. 14-15-024 ("RFP") to solicit proposals for the lease and development of the Property and awarded the RFP to Riverside Wharf, LLC ("Tenant"); and WHEREAS, the authority to enter into a lease agreement with the Tenant was approved by voter referendum on March 15, 2016; and WHEREAS, the City and Tenant entered into a Lease Agreement dated May 16, 2017 for Tenant's lease and development of the Property; and WHEREAS, the Lease provides for an initial term of thirty (30) years with two (2) additional options to renew for ten (10) years each, for a total term not to exceed fifty (50) years ("Existing Term"); and WHEREAS, the Lease further provides that the Tenant will utilize the Property for the development, management and operation of restaurants, a marina, a fish market, waterfront dining, event space, and other ancillary uses contemplated by the RFP and for no other purpose or use of any kind; and WHEREAS, the City wishes to authorize the City Manager to negotiate and execute an amendment to the Lease, in a form acceptable to the City Attorney, ("Amendment") to grant Tenant one or more renewal options to extend the Existing Term by an additional amount of time not to exceed fifty (50) years ("Extension") and to permit the Wharf to construct a hotel on the Property at its sole expense; 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 Attorney is directed to prepare a proposed amendment to the Charter for consideration at the Special Election scheduled for August 23, 2022 proposing, upon approval of the electorate, to amend Section 29-B of the Charter, entitled "City -Owned Property Sale or Lease -Generally," to authorize the City Commission, by a four -fifths (4/5ths) affirmative vote, to waive competitive bidding and authorize the City Manager to negotiate and execute an Amendment amending certain terms of the Lease, including but not limited to, an extension of the Existing Term for an amount of time not to exceed an additional fifty (50) years and authorization to permit the Tenant to construct a hotel on the Property, at the Tenant's sole expense, subject to all applicable regulatory approvals; with restrictions, reversions, and retention by the City of all other rights. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 3/1/2022 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.