HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16991
Date: 12/05/2024
Commission Meeting Date: 01/23/2025
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By: Manolo Reyes
District Impacted: District 4
Type: Resolution
Subject: Execute - Sixth Amendment Lease Agrmt - Miami Outboard Club
Purpose of Item:
A resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to execute a sixth amendment ("Sixth Amendment") to the Lease Agreement
between the City of Miami ("City") and Miami Outboard Club, Inc., a Non -Profit Florida
Corporation ("Lessee"), in the substantially attached form, for City -owned property
located 1099 MacArthur Causeway, Miami, Florida ("Lease Property"), to modify certain
provisions of the Lease as stated herein, including the extension of an additional three
(3) year term to complete certain required redevelopment improvements, as more
particularly set forth in the Sixth Amendment; further authorizing the City manager to
negotiate and execute all necessary documents, including amendments and
modifications to said agreement, in a form acceptable to the City Attorney, as may be
necessary.
Background of Item:
The City of Miami ("City") is the owner of real property and improvements located at
1099 MacArthur Causeway, Miami, Florida (the "Leased Property").
The Commission of the City of Miami, Florida, by Resolution No. 95-865, passed and
adopted on December 7, 1995, determined that it is in the best interest of the City of
Miami to enter into a lease agreement with the Miami Outboard Club for the provision of
marine -recreation services in accordance with the provisions of Section 29-D of the
Charter of the City of Miami.
The City leased to Lessee a portion of Watson Island for a term of twenty years
commencing on April 1, 1996 and expiring on March 31, 2016 with the option to renew
for two (2) additional five (5) year periods.
The parties amended the Lease on December 5, 2000 ("Amendment #1), June 6, 2005
("Amendment #2"), May 24, 2011 ("Amendment #3"), June 4, 2013 ("Amendment #4")
and December 19, 2017 ("Amendment #5").
The City and Lessee wish to enter into this Sixth Amendment modifying certain
provisions extending the term within the current Lease by three (3) years which will
enable them to complete certain required redevelopment improvements.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Item has NOT an Expenditure
Total Fiscal Impact:
N/A
Department of Real Estate
Review Completed
Office of Management and
Office of Management and
City Manager's Office
City Manager's Office
Legislative Division
City Manager's Office
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
Reviewed B
and Asset Management
12/05/2024 10:46 AM
Budget Pedro Lacret
Budget Marie Gouin
Larry M. Spring
Natasha Colebrook -Williams
Valentin J Alvarez
Arthur Noriega V
James Brako
George K. Wysong III
Maricarmen Lopez
Mayor's Office
City Clerk's Office
City Clerk's Office
Andrew Frey
Budget Analyst Review
Budget Review
Assistant City Manager
Deputy City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Approved Form and Correctness
Meeting
Signed by the Mayor
Signed and Attested by the City Clerk
Rendered
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
12/05/2024 11:25 AM
12/05/2024 12:45 PM
12/05/2024 3:01 PM
12/05/2024 3:27 PM
12/11/2024 10:09 AM
12/12/2024 10:55 AM
12/12/2024 5:23 PM
01/09/2025 1:55 PM
01/23/2025 9:00 AM
01/31/2025 6:02 PM
01/31/2025 6:12 PM
01/31/2025 6:12 PM
City of Miami
Legislation
Resolution
Enactment Number: R-25-0015
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16991 Final Action Date:1/23/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 29-D
OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
AUTHORIZING THE CITY MANAGER, TO NEGOTIATE AND EXECUTE A SIXTH
AMENDMENT TO THE LEASE AGREEMENT ("SIXTH AMENDMENT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY")
AND MIAMI OUTBOARD CLUB, INC., A NON-PROFIT FLORIDA CORPORATION
("LESSEE"), FOR USE OF A PORTION OF CITY OF MIAMI OWNED WATERFRONT
PROPERTY ON WATSON ISLAND, LOCATED AT 1099 MACARTHUR CAUSEWAY,
MIAMI, FLORIDA ("LEASE PROPERTY"), WITH SAID SIXTH AMENDMENT
GRANTING LESSEE THREE (3) ADDITIONAL YEARS TO COMPLETE CERTAIN
REQUIRED REDEVELOPMENT IMPROVEMENTS; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS,
INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID SIXTH AMENDMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, the City of Miami ("City") is the owner of real property and improvements
located at 1099 MacArthur Causeway, Miami, Florida ("Leased Property"); and
WHEREAS, on November 2, 1993, the electorate of the City approved amending the
Charter of the City of Miami, Florida, as amended ("Charter"), to establish a procedure for
waiving competitive bidding and referendum requirements when entering into a lease or
extending an existing lease with a nonprofit, 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 any applicable master plans, and compliance with
requirements prescribed by any ordinances pertaining to an organization using City -owned
facilities; and
WHEREAS, the City Commission by Resolution No. R-95-865, passed and adopted on
December 7, 1995, determined that it is in the best interest of the City to enter into a Lease
Agreement ("Lease") with the Miami Outboard Club, Inc. ("Lessee") for the provision of marine -
recreation services in accordance with the provisions of Section 29-D of the Charter; and
WHEREAS, the City leased to the Lessee, the Leased Property for a term of twenty (20)
years commencing on April 1, 1996, and expiring on March 31, 2016 with the option to renew
for two (2) additional five (5) year periods; and
WHEREAS, the Parties amended the Lease on December 5, 2000 ("Amendment #1),
June 6, 2005 ("Amendment #2"), May 24, 2011 ("Amendment #3"), June 4, 2013 ("Amendment
#4") and December 19, 2017 ("Amendment #5"); and
WHEREAS, in accordance with Amendment #5, Lessee was required to obtain a master
building permit (the "Master Permit") for redevelopment improvements from the City by
December 17, 2024, and a temporary certificate of occupancy or a certificate of occupancy
within six (6) years after obtaining the Master Permit; and
WHEREAS, the City and Lessee wish to enter into this Sixth Amendment to modify
certain provisions extending the required term of six years to complete the required
redevelopment improvements under the Lease by an additional three (3) years which will enable
the Lessee to finance and complete redevelopment improvements to the Lease Property; and
WHEREAS, approval of the three (3) year extension to complete the redevelopment
improvements will require Lessee to obtain a Master Permit from the City by January 1, 2028,
and obtain a temporary certificate of occupancy or a certificate of occupancy from the City by
January 1, 2030;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to Section 29-D of the Charter, the City Manager is authorized' to
negotiate and execute a Sixth Amendment to the Lease, in a form acceptable to the City
Attorney, to extend the time for Lessee to complete redevelopment improvements as provided
hereinabove.
Section 3. The City Manager is further authorized' to negotiate and execute all
documents, including amendments and modifications to the Sixth Amendment, in forms
acceptable to the City Attorney, as may be necessary.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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.