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HomeMy WebLinkAboutR-25-0015City of Miami Resolution R-25-0015 Legislation 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. SPONSOR(S): Commissioner Manolo Reyes 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 City of Miami Page 1 of 2 File ID: 16991 (Revision:) Printed On: 8/12/2025 File ID: 16991 Enactment Number: R-25-0015 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. City of Miami Page 2 of 2 File ID: 16991 (Revision:) Printed on: 8/12/2025